Nika v. State

I find numerous serious faults with the majority opinion and, therefore, must dissent.

The district court erred in concluding that no custodial interrogation occurred

The first error occurred when the district court permitted a sheriff’s deputy to testify regarding Nika’s incriminating statements given during a jailhouse classification interview conducted after Nika had invoked his Miranda rights. This issue was raised in district court, but was not addressed in Nika’s briefs to this court. However, we can address constitutional issues sua sponte. McCullough v. State, 99 Nev. 72, 74, 657 P.2d…