Opinion

Braunstein v. State

  • 118 Nev. 68
  • 118 Nev. Adv. Rep. 8
  • 40 P.3d 413
  • 2002 Nev. LEXIS 8
Court
Nevada Supreme Court
Filed
Feb 13, 2002
Status
Published
Author
Maupin
On the bench
Agosti, Maupin, Rose, Shearing, Leavitt, Becker, Young
Cited by
48 cases
Authority
More cited than 11.2%

observing that the majority “strips yet another procedural safeguard” from anyone accused of child sexual assault and “reverses a decade of precedent in the process” by concluding that the district court’s failure to hold a trustworthiness hearing is not grounds for automatic reversal and was harmless error

How later courts described this case

  • observing that the majority “strips yet another procedural safeguard” from anyone accused of child sexual assault and “reverses a decade of precedent in the process” by concluding that the district court’s failure to hold a trustworthiness hearing is not grounds for automatic reversal and was harmless error
  • stating that decision whether to admit prior bad act evidence is discretionary and will not be reversed absent a manifest abuse of 3 discretion
  • explaining that language in NRS 201.230 makes “crimes of sexual assault and lewdness . . . mutually exclusive and convictions for both based upon a single act cannot stand”
  • stating that "prior acts that are remote in time and involve conduct different from the charged conduct" are generally inadmissible (emphasis added)

Written by the judges who cited it.

The opinion

Maupin, C. J.,

with whom Young, J., agrees,

concurring:

I agree that the judgments of conviction in this matter should be affirmed.

I disagree, however, that this court should overturn Findley v. State 1 and McMichael v. State 2 as authority for the proposition that evidence showing that an accused poses a propensity for sexual aberration may be relevant in prosecutions for sexual assault. In this, I believe that both cases formulate a rule that is consistent with the exceptions to the general rule of non-admissibility of “other crimes, wrongs or acts” under NRS 48.045(2) as proof of character.

19 Nev. 212, 214 , 577 P.2d 867, 868 (1978).

94 Nev. 184, 188 , 577 P.2d 398, 401 (1978), overruled on other grounds by Meador v. State, 101 Nev. 765 , 711 P.2d 852 (1985).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.