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Nev. Supreme Court issues opinions

First, the criminal case: Mclellan v. State - the Court addresses the admissibility of a wiretapped phone call placed by California police to a defendant in Nevada and the instruction to be given for admission of prior bad act evidence. In an en banc opinion, authored by Justice Cherry, the Court affirms the defendant's conviction for 22 counts of sexual assault of a minor and 20 counts of lewdness. The State alleged that the first incident occurred in California and then several incidents between the defendant and his step-daughter occurred in Clark County. Eventually, after the defendant and the child's wife divorced, the child moved to California and stated that the defendant had sexually abused her. With the child's consent, and the consent of her guardians, California police officers taped a telephone call between the child and the defendant...continue to full post

Full post as published by Harmful Error on May 01, 2008 (boomark / email).