Richard v. State

In clarifying the definition of statutory nonhearsay pursuant to Nev. Rev. Stat. 51.035, the Supreme Court held that in order for a statement to be excluded from the definition of hearsay either as a prior inconsistent statement or a prior identification made soon after perceiving a person, the declarant must have testified and have been subject to cross-examination concerning the out-of-court statement.After a jury trial, Defendant was convicted of two counts of conspiracy to commit robbery and other crimes. On appeal, Defendant argued that certain hearsay statements and two of his statements to police were improperly admitted. The Supreme Court affirmed the convictions, holding (1) the challenged statements were not properly admitted either as prior inconsistent statements or as prior identifications pursuant to section 51.035, but such errors were harmless in light of other evidence in the case; and (2) substantial evidence supported the district court’s determination that the two statements Defendant made to police were voluntary. View "Richard v. State" on Justia Law