Expert Testimony
In 2008, the Nevada Supreme Court, in Hallmark v. Eldridge, 189 P.3d 646 (Nev. 2008) clarified the status of Nevada law relative to the admissibility of expert testimony. In Hallmark, the court began by stating, “The statute governing the admissibility of expert testimony in Nevada district courts is NRS 50.275…” Id. at 650. If a [...]
911 Telephone Calls…And Callbacks
NRS 52.252 sets forth the criteria by which an offering party can authenticate 911 telephone calls by a signed affidavit of the 911 custodian of records. However, the conversation itself is still Hearsay, as defined by NRS 51.035, and thus inadmissible unless an exception applies. In most cases, the party seeking to admit a 911 [...]
Fourth Amendment Invocation Inadmissible
On June 4, 2009 the Nevada Supreme Court announced in Ramet v. State that “the State may not introduce evidence of a defendant’s refusal to submit to a warrantless search, or argue it to the jury as evidence of guilt. The defendant’s invocation of his Fourth Amendment right cannot be used as evidence of a [...]
What Can A Prosecutor Say About You In A DUI Trial?
Within the context of DUI, the Nevada Supreme Court defines a prosecutor’s statements as prosecutorial misconduct if those statements, “so infected the proceedings with unfairness as to result in a denial of due process.” To assist with the analysis, the Court identified four factors it will look at: 1) a prosecutor may not vouch for [...]
Voir Dire, Or Getting The Jury To Talk
Odds are, jurors are not all that excited about being required to serve. Attorneys however, should look forward to the opportunity to interact with the jury in voir dire and hopefully generate some interest (or at least feedback) by getting the jurors to talk. As codified by NRCP and EDCR, and defined by several cases, [...]
Trial Checklist. Are You Ready?
Is your trial checklist complete? By working from such a checklist at the outset of the case, you may never have to get to trial. But just in case… Here’s a short and sweet list, that if utilized at the outset of every case dramatically reduces the onset of panic in the weeks and days [...]
Prosecutorial Misconduct
Prosecutorial Misconduct, part 2 In the case of Robert Hays, he was convicted following a jury trial on four counts of sexual assault of a minor under the age of fourteen years and four counts of lewdness with a minor on charges that he sexually abused his then eight-year old daughter Jennifer. His conviction was [...]
Must I Hire an Attorney?
Is it necessary that I have an attorney if charged with a crime? The simple answer is no. You do not need an attorney. But in reality, there is a lot at stake, even if you believe you are innocent. If you think prosecutors always play fair, you may want to reconsider after reading this. [...]
