Willing (Nicholas) v. State ( 2014 )


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  •                  that, even if the jury had been informed of the theft case, there was not a
    reasonable likelihood the result at trial would have been different because
    Sexton's credibility was explored at trial, other testimony incriminated
    Willing, and substantial evidence was presented which demonstrated that
    it would have been almost impossible for Sexton to plan the crimes
    without Willing's involvement. See Sanborn v. State, 
    107 Nev. 399
    , 406,
    
    812 P.2d 1279
    , 1284-85 (1991) (newly discovered evidence must be "not
    only an attempt to contradict, impeach, or discredit a former witness,
    unless the witness is so important that a different result would be
    reasonably probable"); King v. State, 
    95 Nev. 497
    , 500, 
    596 P.2d 501
    , 503
    (1979). 2 Accordingly, we
    ORDER the judgment of the district court AFFIRMED. 3
    Pickering
    2 Willing also contends that he was deprived of his right to confront
    Sexton. Although we need not consider this contention because it does not
    appear that it was raised below, see Davis v. State, 
    107 Nev. 600
    , 606, 
    817 P.2d 1169
    , 1173 (1991), overruled on other grounds by Means v. State, 
    120 Nev. 1001
    , 
    103 P.3d 25
    (2004), we note that any error would have been
    harmless, see Medina v. State, 
    122 Nev. 346
    , 355, 
    143 P.3d 471
    , 476
    (2006).
    3 Thefast track response does not comply with the Nevada Rules of
    Appellate Procedure because it is not double-spaced. See NRAP 32(a)(4);
    NRAP 3C(h)(1). We caution counsel for the State that future failure to
    comply with the rules of this court when filing briefs may result in the
    imposition of sanctions. See NRAP 3C(n).
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    e
    cc: Hon. Robert W. Lane, District Judge
    Donald J. Green
    Nye County District Attorney
    Attorney General/Carson City
    Nye County Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A    (ze