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Nevada Supreme Court issues 4 opinions

Diomampo v. State - the Nevada Supreme Court in an en banc decision authored by Justice Maupin reverses a judgment of conviction for mid-level trafficking in a controlled substance based upon three errors by the district court. The Court first finds that the State violated Batson v. Kentucky in its use of two peremptory challenges. As to the first potential juror, the Court concludes rejects the State's claim that it relied upon a race neutral basis of the potential juror's alleged inability to speak and comprehend English. The Court notes that no questions were asked of the potential juror concerning his ability to under English and there was nothing in the voir dire that supported such a conclusion. As to the second potential juror, the State asserted that it exercised a peremptory challenge against him because he was adamant about his divorce and the prosecutor was concerned about his ability to work with women on the jury...continue to full post

Full post as published by Harmful Error on June 12, 2008 (boomark / email).