State v. Purcell

OPINION

A jury convicted respondent Lynn Eugene Purcell (Purcell) of one count of lewdness with a minor and two counts of sexual assault. Purcell made a motion for a new trial on grounds that the evidence presented was conflicting and did not support the verdict. The district court granted the motion based on its assessment of the victim’s credibility, the victim’s motive to lie, and the testimony of the victim’s family. The State argues that the district court failed to identify a conflict in the evidence, thus abusing its discretion in ordering a new trial. The State also argues that Nevada…