 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Collman v. State8/23/2000
iling to excuse two potential jurors for cause. Both had read about the case in the newspaper and had heard others talk about it. Collman eventually removed one by peremptory challenge, but the other served on the jury.
NRS 175.036(1) permits either party to challenge an individual juror for cause if she could not adjudicate the facts fairly. NRS 16.050(1) lists grounds upon which a juror may be dismissed for cause, including:
(f) Having formed or expressed an unqualified opinion or belief as to the merits of the action, or the main question involved therein; but the reading of newspaper accounts of the subject matter before the court shall not disqualify a juror either for bias or opinion.
(g) The existence of a state of mind in the juror evincing enmity against or bias to either party.
In this case the district court questioned both potential jurors closely, and both consistently informed the court that they could be fair and impartial. The court determined that neither had formed any opinion or had any bias against Collman. We conclude that the court did not err in refusing to excuse either potential juror for cause. Cf. Thompson v. State, 111 Nev. 439, 441-43, 894 P.2d 375, 376-77 (1995); Bryant v. State, 72 Nev. 330, 332-35, 305 P.2d 360, 361-62 (1956).
II. Evidence of other acts by a state witness
Collman attempted to introduce evidence of other acts by Stach to impeach her credibility or to show that she was responsible for Damian's death. The evidence fell into three types. The district court did not admit any of the evidence, and Collman asserts that in each case the court erred.
NRS 48.045(2) prohibits the admission of evidence of other crimes, wrongs, or acts to prove a person's character, but such evidence may be admissible for other purposes. In order to determine admissibility of those acts, the district court must determine that "(1) the incident is relevant to the crime charged; (2) the act is proven by clear and convincing evidence; and (3) the probative value of the evidence is not substantially outweighed by the danger of unfair prejudice." Tinch v. State, 113 Nev. 1170, 1176, 946 P.2d 1061, 1064-65 (1997). The decision to admit or exclude evidence rests within the trial court's discretion, and this court will not overturn that decision absent manifest error. Daly v. State, 99 Nev. 564, 567, 665 P.2d 798, 801 (1983).
The witness's alleged interest in vampirism, biting, and devil worship
On October 24, 1996, Collman moved the district court to admit evidence that Stach allegedly had an interest in vampirism, biting, and devil worship in order to prove that she, and not Collman, had abused Damian resulting in his death. After an evidentiary hearing, the district court denied Collman's motion. Using a less stringent standard than when the State requests admission of prior acts by the defendant, the district court concluded that the probative value of the evidence was substantially outweighed by the danger of confusing the issues and misleading the jury. See NRS 48.035(1). After a review of the evidence that Collman requested be admitted, we conclude that the district court did not abuse its discretion by excluding it.
The witness's abortion
During Stach's testimony on direct examination that she did not work and stayed home with the kids, she stated that she loved being pregnant. Prior to cross-examination and outside the jury's presence, the defense requested permission to impeach Stach's statement by questioning her about an abortion she had previously undergone. The district court conducted the requisite balancing test pursuant to NRS 48.035(1) betwe
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Nevada Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|