Legal Opinion

Franks v. State

Nevada Supreme Court

Decided January 3, 2019No. 72988PublishedCited by 26 opinions

1Opinion of the Court

By the Court, CHERRY, J.:

*754In this appeal, we consider a district court's decision to allow the State to introduce evidence of prior, uncharged sexual acts committed by appellant during appellant's current prosecution for a sexual offense for purposes of showing propensity under NRS 48.045(3). We conclude that the plain language of NRS 48.045(3) permits the district court to admit evidence of a separate sexual offense for purposes of proving propensity in a sexual offense prosecution. We further conclude that, although such evidence may be admitted for propensity purposes without the district…

2Cases cited19 opinions

  1. Old Chief v. United StatesSupreme Court of the United States · 1997
  2. United States v. Fred James Lemay, IIICourt of Appeals for the Ninth Circuit · 2001
  3. State v. Eighth Judicial District Court ex rel. County of ClarkNevada Supreme Court · 2011
  4. Petrocelli v. StateNevada Supreme Court · 1985
  5. United States v. Kerry Neil EnjadyCourt of Appeals for the Tenth Circuit · 1998

14 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. CHAPARRO (OSBALDO) VS. STATENevada Supreme Court · 2021
  2. RANDOLPH (THOMAS) VS. STATE (DEATH PENALTY-DIRECT)Nevada Supreme Court · 2020
  3. Dickey v. StateNevada Supreme Court · 2024
  4. Gillen (Martin) Vs. StateNevada Supreme Court · 2021
  5. Alfaro v. StateNevada Supreme Court · 2023

21 more not listed; retrieve them via the Exa API.

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