Walker v. State (1975)

See Walker v. State, 91 Nev. 724, 726, 542 P.2d 438, 439 (1975) ("[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.").

See NRS 193.165 (deadly weapon SUPREME COURT OF NEVADA (0) 1947A 2-2- 1 660% enhancement); NRS 200.366 (elements of sexual assault); Mitchell v. State, 124 Nev. 807, 816, 192 P.3d 721, 727 (2008) (considering "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt"); Deueroux v. State, 96 Nev. 388, 391, 610 P.2d 722, 724 (1980) (recognizing t…

State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

When reviewing a challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the prosecution and determine whether "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319 (1979); Mitchell v. State, 124 Nev. 807, 816 , 192 P.3d 721, 727 (2008). "[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credi…

When reviewing a challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the prosecution and determine whether "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319 (1979); Mitchell v. State, 124 Nev. 807, 816 , 192 P.3d 721, 727 (2008). "[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credi…

"Mt is the function of the [factfinder], not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

"Mt is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

"Mt is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

We agree. "[I] t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

The test for sufficiency of the evidence in a criminal case is "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." McNair v. State, 108 Nev. 53, 56, 825 P.2d 571, 573 (1992) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)). "[I]t is the jury's function, not that of the court, to assess the weight of the evidence and determine the…

As "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness," Walker v. State, 91 Nev. 724, 726, 542 P.2d 438, 439 (1975), we do not determine the defendant's guilt, but rather consider "whether the jury, acting reasonably, could have been convinced [beyond a COURT OF APPEALS OF NEVADA 4 (0) 1947B reasonable doubt] by the evidence it had a right to consider," Wilkins v. State, 96 Nev. 367, 374, 609 P.2d 309,…

See Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975) ("Mt is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.").

See NRS 200.030(2); Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975) ("Mt is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.").

See Jackson v. Virginia, 443 U.S. 307, 319 (1979); Mitchell v. State, 124 Nev. 807, 816 , 192 P.3d 721, 727 (2008); Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975) ("Mt is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.").

Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975). 1.

SUFFICIENCY OF THE EVIDENCE “[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.” Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

Specifically, he asserts the 16 State failed to prove that he possessed the requisite intent to commit the crimes.[FN1] We disagree. 17 18 When reviewing a challenge to the sufficiency of the evidence, we review the evidence in the light most favorable to the prosecution and 19 determine whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 20 443 U.S. 307, 319 (1979); Mitchell v. State, 124 …

See NRS 200.030(2); Walker v. State, 91 Nev. 724, 726 ("[It is the 7 function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness."). 8 9 ECF No. 45-13 at 2-3. 10 ii.

Jackson, 443 U.S. at 319 ; Walker v. State, 91 Nev. 724, 726 , 2 542 P.2d 438, 439 (1975). 3 Devlin argues that the Nevada Court of Appeals erred in citing evidence 4 that Devlin engaged in a verbal confrontation with the victims, because “whether 5 Devlin started the verbal confrontation is in dispute.” (ECF No. 26 at 23.) But— 6 like Devlin’s argument in support of Ground 3C (see Part III.E.1., supra)—this 7 argument is based on a mischaracterization of Willy Gomez’s testi…

He specifically asserts that the State did not present sufficient evidence to prove he inveigled, enticed, or compelled 5 A.B. to become a prostitute or to continue to engage in prostitution and the State did not present sufficient evidence of his subjective 6 intent at the time of the alleged acts to support the conviction for kidnapping. 7 When reviewing a challenge to the sufficiency of the 8 evidence, we review the evidence in the light most favorable to the prosecution …

The Nevada Supreme Court has explained, “if a coordinated 21 series of acts furthering the underlying offense is sufficient to infer the existence of an agreement, then sufficient evidence exists to support a conspiracy conviction.” Thomas v. State, 114 Nev. 1127, 1143 , 967 P.2d 1111,1122 (1998) (internal 22 quotations marks omitted). “[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.” Walker v. St…

That some witnesses trial testimony was inconsistent and differed from their pretrial statements does not affect our decision because it is within the province of the jury, not this court, to weigh the evidence and assess witness credibility.2 Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975); see also Bolden v. State, 97 Nev. 71, 72-73 , 624 P.2d 20, 20 (1981) (upholding a jury verdict where conflicting testimony was presented).

As "it is the function of the jury, not the appellate court, to weigh the evidence and 14 pass upon the credibility of the witness,” Walker v. State, 91 Nev, 724, 726, 542 P.2d 438, 439 (1975), we do not determine 15 the defendant’s guilt, but rather consider “whether the jury, acting reasonably, could have been convinced [beyond a 16 reasonable doubt] by the evidence it had a right to consider,” Wilkins v. State, 96 Nev. 367, 374 , 609 P.2d 309, 313 (1980). 17 The jury dete…

That Baehr testified differently does not affect our decision because it is the jury, not this court, that "weigh[s] the evidence and pass[es] upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975); see also Bolden 'Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.

Collman v. State, 116 Nev. 687 , 711, 7 P.3d 426 , SUPREME COURT OF NEVADA 2 (0) I947A cliNea 441 (2000). "[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

That the older victim's disclosure was delayed and her testimony lacked certain details does not change this conclusion as "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

See Hernandez v. State, 118 Nev. 513, 531 , 50 P.3d 1100, 1112 (2002) (concluding that circumstantial evidence alone may support a criminal conviction); Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975) (recognizing that "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witnese).

State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975) ([I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.").

We conclude that viewing this evidence in the light most favorable to the State, a rational trier of fact could conclude beyond a reasonable doubt that Herrod intended to kill the victim and in both instances took "direct but ineffectual act[s] toward the commission of the crime[s]." Darnell v. State, 92 Nev. 680, 682 , 558 P.2d 624, 625-26 (1976); see also NRS 200.010 (defining murder); NRS 193.330(1) (defining attempt); Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439…

Viewing this evidence in the light most favorable to the State, a rational trier of fact SUPREME COURT OF NEVADA 2 (0) 1947A could conclude beyond a reasonable doubt that Bond unlawfully attempted to use physical force against the victim and had the "present ability •to use a deadly weapon." NRS 200.471(2); see also Hernandez v. State, 118 Nev. 513, 531 , 50 P.3d 1100, 1112 (2002) (concluding that circumstantial evidence alone may support a criminal conviction); Walker v. St…

We agree. "[I] t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

Although the other OF NEVADA (0) 1947A eo 5 niegigA witness testified that she saw Pough's son reach for the gun before it went off, arguably supporting Pough's claim that the shooting was an accident, "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness[es]." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975).

This case was a credibility test, and should have been nothing more." Yet, "[t]he rule is well established that it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975).

The test for sufficiency of the evidence in a criminal case is "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." McNair v. State, 108 Nev. 53, 56 , 825 P.2d 571, 573 (1992) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)). "[I]t is the jury's function, not that of the court, to assess the weight of the evidence and determine th…

The test for sufficiency of the evidence in a criminal case is "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." McNair v. State, 108 Nev. 53, 56 , 825 P.2d 571, 573 (1992) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)). "[I]t is the jury's function, not that of the court, to assess the weight of the evidence and determine th…

The test for sufficiency of the evidence in a criminal case is "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." McNair v. State, 108 Nev. 53, 56 , 825 P.2d 571, 573 (1992) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)). "[I]t is the jury's function, not that of the court, to assess the weight of the evidence and determine th…

As "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness," Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975), we do not determine the defendant's guilt, but rather consider "whether the jury, acting reasonably, could have been convinced [beyond a COURT OF APPEALS OF NEVADA 4 (0) reasonable doubt] by the evidence it had a right to consider," Wilkins v. State, 96 Nev. 367, 374 , 609 P.2d 309, 313…

As "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness," Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975), we do not determine the defendant's guilt, but rather consider "whether the jury, acting reasonably, could have been convinced [beyond a COURT OF APPEALS OF NEVADA 4 (0) 1947B reasonable doubt] by the evidence it had a right to consider," Wilkins v. State, 96 Nev. 367, 374 , 609 P.2d 30…

As "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness," Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975), we do not determine the defendant's guilt, but rather consider "whether the jury, acting reasonably, could have been convinced [beyond a COURT OF APPEALS OF NEVADA 4 (0) 1947B reasonable doubt] by the evidence it had a right to consider," Wilkins v. State, 96 Nev. 367, 374 , 609 P.2d 30…

Appellant fails to demonstrate that it was objectively unreasonable not to present this testimony as any inconsistencies or motivation to tell a particular story could have been elicited in other ways. • It is for the jury to determine the credibility of witnesses, Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975), and Dr. O'Donahue acknowledged that any flaws in the forensic interview did not mean that the girls were untruthful, but that any flaws could leave the…

Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975) (holding that it is the function of the jury and not the court to weigh the evidence and pass upon the credibility of the witness).

See NRS 199.480(3); NRS 200.380(1); NRS 193.165(1). "[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of [a] witness," Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975), and the jury's verdict will not be disturbed where, as here, it is supported by sufficient evidence, see Bolden v. State, 97 Nev. 71, 73 , 624 P.2d 20, 20 (1981); see also McNair v. State, 108 Nev. 53, 56 , 825 P.2d 571, 573 (1992).

See NRS 199.480(3) (conspiracy); NRS 200.380(1) (robbery); NRS 205.060(1) (burglary); NRS 205.2715(1) (unlawful taking of vehicle). "[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of [a] witness," Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975), and the jury's verdict will not be disturbed where, as here, it is supported by sufficient evidence, see Bolden v. State, 97 Nev. 71, 73 , 624 P.2d 20, 20 (…

Perez's inability at trial to recall many details of that night does not warrant reversal, as "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

When reviewing a challenge to the sufficiency of the evidence, we consider "whether, after viewing the evidence in the light most favorable to the prosecution, any rational [juror] could have found the essential elements of the crime beyond a reasonable doubt." McNair v. State, 108 Nev. 53, 56 , 825 P.2d 571, 573 (1992) (quoting Jackson v. Virginia, 443 U.S. 307, 319 (1979)). "[I]t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the …

Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

A medical examiner testified that the victim's injuries were a substantial factor in his death. "[lit is the function of the jury, not the appellate court, to weigh the evidence." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).

Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975).

Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975).