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Nevada Supreme Court issues 4 opinions

The Nevada Supreme Court issued four opinions yesterday. Knipes v. State - The Court holds that hearings to determine the admissibility of juror questions must be conducted on the record. The failure to do so, however, is nonconstitutional trial error and is subject to harmless error review under NRS 178.598. In reaching this conclusion, the Court notes the "growing intolerance for off-the-record rulings generally" and also notes the concerns of ensuring meaningful appellate review and facilitating the effecient administration of justice. In addition to finding that district courts must conduct Flores hearings on the record, the Court also finds that a district court abuses its discretion if it allows juror questions to be asked without providing counsel an opportunity to object to the questions outside the presence of the jury...continue to full post

Full post as published by Harmful Error on October 03, 2008 (boomark / email).