Mata (Francisco) v. State ( 2015 )


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  •                    including Mata's statement that he did not want a mistrial, (2) considered
    several alternatives to a mistrial and chose the one that was least harmful
    to Mata's rights, and (3) acted deliberately instead of abruptly in deciding
    not to declare a mistrial sua sponte.       See Glover ix Eighth Judicial Dist.
    Court, 
    125 Nev. 691
    , 709-10, 
    220 P.3d 684
    , 697 (2009).
    We conclude that the district court did not err in not applying
    the marital privilege to prevent Mata's sister-in-law from testifying,
    because the marital privilege only applies to spouses. NRS 49.295(1)(b).
    Finally, we conclude that the district court did not err in
    giving several jury instructions over Mata's objections because the
    challenged instructions were appropriate and contained correct
    statements of Nevada law. See Cortinas        V.   State, 
    124 Nev. 1013
    , 1019, 
    195 P.3d 315
    , 319 (2008) (holding that we review a district court's rulings on
    jury instructions for an abuse of discretion, but review whether an
    instruction is a correct statement of law de novo). Accordingly, wel
    ORDER the judgment of conviction AFFIRMED.
    ,   J.
    J.
    Gibbons
    Pitleu 12,y
    7                    J.
    Pickering
    J
    'Mata's cumulative error argument fails because the district court
    did not err. We have considered the parties' remaining arguments and
    conclude that they are without merit.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    ceD
    cc:   Hon. Valerie Adair, District Judge
    Coyer Law Office
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A    ce
    

Document Info

Docket Number: 66355

Filed Date: 9/28/2015

Precedential Status: Non-Precedential

Modified Date: 9/29/2015