Legal Opinion · Dissent

Fields v. State

Nevada Supreme Court

Decided December 10, 2009No. 50497Published

1Dissent

*798Cherry, J.,

with whom Saitta, J., agrees, dissenting:

I respectfully dissent from my colleagues in the majority. As a former public defender, special public defender, and a trial judge, I fear that the majority’s reasoning in affirming the murder conviction of appellant emasculates NRS 48.045. I hope that our trial judges in the State of Nevada will continue to follow the general rule that “proof of a distinct independent offense is inadmissible” during a criminal trial, Nester v. State of Nevada, 75 Nev. 41, 46, 334 P.2d 524, 526 (1959), and only permit the introduction of said prior bad act…

2Cases cited16 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. Rosky v. StateNevada Supreme Court · 2005
  4. Nester v. StateNevada Supreme Court · 1959
  5. Tavares v. StateNevada Supreme Court · 2001

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