Campbell v. the David Lapin Ltd. P'ship ( 2015 )


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    124 Nev. 1
    , 20, 
    174 P.3d 970
    , 982 (2008). In the context of unobjected-to
    misconduct, the attorney's conduct must rise to plain error to warrant a
    new trial; and plain error in this context is an "irreparable and
    fundamental error . . . that results in a substantial impairment of justice
    or denial of fundamental rights such that, but for the misconduct, the
    verdict would have been different."       Id. at 19, 
    174 P.3d at 982
    . Having
    reviewed the briefs and appendices filed in this matter, we conclude that
    no such "substantial impairment of justice or denial of fundamental
    rights" occurred during voir dire or the closing arguments, and therefore,
    the district court did not abuse its discretion in denying Campbell's motion
    for a new trial. Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    P,        I
    J.
    Gibbons
    go               , J.
    Pickering
    cc:   Hon. Jerry A. Wiese, District Judge
    William C. Turner, Settlement Judge
    Thomas & Springberg, P.C.
    Pyatt Silvestri & Hanlon
    Mandelbaum, Ellerton & Associates
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    e
    

Document Info

Docket Number: 63094

Filed Date: 4/16/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021