What is the name of your state (only U.S. law)? NEVADAPolk (Levenral) v. State, Docket No. 52733
Las Vegas– 10:30 a.m. – Justices Hardesty, Douglas, and Pickering
This appeal challenges witness testimony, Nevada’s deadly weapon enhancement, the district court’s ability to dismiss an injured juror prior to consulting with the parties, and whether a juror who lost consciousness during trial should have been dismissed. Levenral Polk is appealing his second conviction for murdering a long-time friend, by shooting him from a car. Polk was initially convicted of first-degree murder, but was granted a new trial by a federal court. At his second trial in Clark County, Polk was convicted of second-degree murder with the use of a deadly weapon and discharging a firearm out of a motor vehicle. ISSUES: Did the district court improperly permit a witness to offer hearsay evidence about forensic test results when that witness did not perform the forensic testing? Is the deadly weapon enhancement statute unconstitutional in light of the United States Supreme Court’s decision in District of Columbia v. Heller? Did the district court abuse its discretion by dismissing an injured juror prior to consulting the parties? Did the district court err when it failed to dismiss a juror who lost consciousness during trial? (Disclaimer: This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all inclusive or reflect all positions of the parties.)
I listened to this case and am pretty certain the defense proved their case. My question is, if so, how exactly would this effect Nevada's weapon enhancement law, I'm unclear. Also, I'm not sure how to find the written decision, or how long they have to rule. I'm struggling to learn all I can, thank you all for your assistance.
Las Vegas– 10:30 a.m. – Justices Hardesty, Douglas, and Pickering
This appeal challenges witness testimony, Nevada’s deadly weapon enhancement, the district court’s ability to dismiss an injured juror prior to consulting with the parties, and whether a juror who lost consciousness during trial should have been dismissed. Levenral Polk is appealing his second conviction for murdering a long-time friend, by shooting him from a car. Polk was initially convicted of first-degree murder, but was granted a new trial by a federal court. At his second trial in Clark County, Polk was convicted of second-degree murder with the use of a deadly weapon and discharging a firearm out of a motor vehicle. ISSUES: Did the district court improperly permit a witness to offer hearsay evidence about forensic test results when that witness did not perform the forensic testing? Is the deadly weapon enhancement statute unconstitutional in light of the United States Supreme Court’s decision in District of Columbia v. Heller? Did the district court abuse its discretion by dismissing an injured juror prior to consulting the parties? Did the district court err when it failed to dismiss a juror who lost consciousness during trial? (Disclaimer: This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all inclusive or reflect all positions of the parties.)
I listened to this case and am pretty certain the defense proved their case. My question is, if so, how exactly would this effect Nevada's weapon enhancement law, I'm unclear. Also, I'm not sure how to find the written decision, or how long they have to rule. I'm struggling to learn all I can, thank you all for your assistance.