Opinion

Collman v. State

  • 1 Nev. 687
  • 116 Nev. Adv. Rep. 82
  • 7 P.3d 426
  • 2000 Nev. LEXIS 93
Court
Nevada Supreme Court
Filed
Aug 23, 2000
Status
Published
Author
Maupin
On the bench
Agosti, Maupin, Rose, Young, Shearing, Leavitt, Becker
Cited by
70 cases
Authority
More cited than 11.1%

concluding that neither NRS 175.552(3) nor case law interpreting constitutional rule requires admission of evidence irrelevant to victim, defendant, or offense

How later courts described this case

  • concluding that neither NRS 175.552(3) nor case law interpreting constitutional rule requires admission of evidence irrelevant to victim, defendant, or offense
  • agreeing that information about abortion “was a collateral matter and the minimal value of it was ‘overwhelmingly outweighed’ by the danger of unfair prejudice, confusing the issues, and misleading the jury.”
  • concluding that a district court erred when it failed to instruct the jury on all of the elements of a crime
  • explaining that under NRS 47.120(1), a party is permitted to introduce other relevant parts of a writing

Written by the judges who cited it.

The opinion

Maupin, J.,

concurring:

I agree that defects in jury instructions defining the elements of a charged crime may be the subject of a harmless error analysis under Neder. However, our embrace of the United States Supreme Court decision in Neder does not involve a mere clarification of our prior decision in Thompson v. State, 108 Nev. 749 , 838 P.2d 452 (1992). Rather, our decision today comprehensively expands the basic proposition of law articulated in that opinion.

The majority is careful to observe that it is “critical” for juries to be instructed on the need to prove malice, express or implied, before convicting a defendant of murder under NRS 200.030(l)(a). See Graham v. State, 116 Nev. 23 , 992 P.2d 255 (2000). This underscores the care that should be exercised in the application of Neder to these matters. Here, the majority’s conclusion that the defects in the instruction constitute harmless error did not subject Coliman to criminal liability for murder based upon a “single rash, impulsive act by an otherwise decent parent.’ ’ Overwhelming evidence demonstrated that Coliman serially and maliciously abused a small and defenseless toddler. On these facts, the jury could not have been misled by the instruction regarding the element of malice.

I would also separately comment on the marginal nature of Collman’s alternative defense, to wit: that Damian’s mother was the perpetrator. First, the need to take the child to the hospital occurred while Coliman was alone with the child. Second, substantial circumstantial evidence confirms that the final physical insult to this child did not occur at any other time or by means other than by child abuse. Thus, the trial court’s refusal to admit extraneous evidence regarding the mother’s conduct before and after Damian Stach’s demise does not dictate reversal of Collman’s conviction.

While resort to a harmless error analysis in these cases should be the exception rather than the rule, I agree with the majority that the error in this case was harmless beyond a reasonable doubt.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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