Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Franks (Kenneth) V. State, 135 Nev. Adv. Op. 1 (Jan. 3, 2019), Scott Whitworth
Franks (Kenneth) V. State, 135 Nev. Adv. Op. 1 (Jan. 3, 2019), Scott Whitworth
Nevada Supreme Court Summaries
The Court reviewed whether a district court’s decision to allow the State to introduce prior incidents of uncharged sexual acts as evidence of the defendant’s propensity for committing sexual offenses violated NRS 48.045(3) and concluded such evidence as long as it is first evaluated for relevance and its heightened risk of unfair prejudice.
Hubbard (Cory) V. State, 134 Nev. Adv. Op. 54 (Aug. 2, 2018) (En Banc), Matthew J. Mckissick
Hubbard (Cory) V. State, 134 Nev. Adv. Op. 54 (Aug. 2, 2018) (En Banc), Matthew J. Mckissick
Nevada Supreme Court Summaries
The Court held that intent is automatically at issue for specific-intent crimes. Therefore, criminal defendants need not place intent or absence of mistake at issue before the State seeks to admit prior act evidence if the evidence is relevant to prove an essential element of the offense (i.e., intent for the crime of burglary). However, prior act evidence may still be inadmissible where its minimal probative value is substantially outweighed by the risk of unfair prejudice.