Daly v. State

OPINION

Appellant was convicted of three counts of sexual assault. On appeal, he raises several objections to the district court’s evidentiary rulings. We hold that certain testimony concerning prior consistent statements of the victim was directly proscribed by the rule of Gibbons v. State, 97 Nev. 299, 629 P.2d 1196 (1981), and that under the circumstances of this case, the admission of the proscribed testimony was so prejudicial as to be plain or fundamental error. We therefore reverse and remand for a new trial.

THE FACTS

After a preliminary hearing, appellant Thomas Daly was charged by…