Case Detail
CitationRose v. State, 163 P.3d 408 (Nev. 2007)
CrimeSex crimes
StateNV
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2002
BodySupreme court
OpinionFollowing a jury trial, defendant was convicted in the Eighth Judicial District Court of Kansas of 20 counts of sexual assault on a minor. The Kansas Supreme Court held that: sufficient evidence existed to support conviction; defendant's due process right to be present was not violated when trial court conducted unrecorded bench conferences with certain prospective jurors; prosecutor's characterization of defendant as a “predator” did not amount to prosecutorial misconduct, but prosecutor's statement that defense counsel came in with “smoke screens and flat-out deception” did. The weight of evidence overwhelmed the effect of the prosecutor misconduct. "We hold that referring to the defense as 'smoke screens' is improper. But in this case, we conclude that the comment does not amount to plain error because it was not prejudicial."
Determination Year2007
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://law.justia.com/cases/nevada/supreme-court/2007/44398-2.html