Tabish v. State

Maupin, J., with whom Leavitt, L,

agrees, dissenting:

I would affirm the judgments of conviction entered below against appellants on all counts.

I. Severance of charges

The majority holds that the district court abused its discretion by failing to sever the “Casey” counts against Tabish from those filed against appellants in connection with the murder of Lonnie Theodore Binion. I disagree.

A district court’s decision to join charges is governed by NRS 173.115.1 “ ‘The decision to sever is left to the discretion of the trial court, and an appellant has the “heavy burden” of showing that the court…