State v. Carroll

OPINION

A jury convicted respondent of one count of lewdness with a minor. Thereafter, the district court granted respondent a new trial. The State of Nevada (the “State”) appealed, arguing that the district court abused its discretion in granting a new trial. We agree and reverse.

THE FACTS

In 1982, the State of Georgia convicted respondent of molesting a seven-year-old girl by fondling the child through her clothing. In April 1992, the State of Nevada charged respondent with two counts of lewdness upon a minor under the age of fourteen. In count I the State alleged that respondent fondled the…