flight instruction in Nevada

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2021See Rosky v. State, 121 Nev. 184, 199 , 111 P.3d 690, 699-700 (2005) (explaining that a flight instruction is appropriate if the State presents flight evidence and a conclusion can be drawn that the defendant fled with consciousness of guilt and to evade arrest).

2021See Rosky v. State, 121 Nev. 184, 199 , 111 P.3d 690, 699-700 (2005) (explaining that a flight instruction is appropriate if the State presents flight evidence and a conclusion can be drawn that the defendant fled with consciousness of guilt and to evade arrest).

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2025See Potter, 96 Nev. at 876 , 619 P.2d at 1222-23 (affirming a judgment of conviction despite the district court's erroneous use of a flight instruction because it did not result in a miscarriage of justice or prejudice the defendant's substantial rights).

2025See Potter, 96 Nev. at 876 , 619 P.2d at 1222-23 (affirming a judgment of conviction despite the district court's erroneous use of a flight instruction because it did not result in a miscarriage of justice or prejudice the defendant's substantial rights).

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2020See Grey v. State, 124 Nev, 110, 120, 178 P.3d 154, 161 (2008) (holding that the defendant must object at trial to the same grounds he or she asserts on appeal); Davis v. State, 107 Nev. 600, 606 , 817 P.2d 1169, 1173 (1991) (holding that this court need not consider arguments raised on appeal that were not presented to the district court in the first instance), overruled on other grounds by Means v. State, 120 Nev. 1001 , 103 P.3d 25 (2004).

2020See Grey v. State, 124 Nev, 110, 120, 178 P.3d 154, 161 (2008) (holding that the defendant must object at trial to the same grounds he or she asserts on appeal); Davis v. State, 107 Nev. 600, 606, 817 P.2d 1169, 1173 (1991) (holding that this court need not consider arguments raised on appeal that were not presented to the district court in the first instance), overruled on other grounds by Means v. State, 120 Nev. 1001, 103 P.3d 25 (2004).

2022See Ledbetter v. State, 122 Nev. 252, 259, 129 P.3d 671, 676 (2006) (reviewing admission of uncharged conduct for abuse of discretion); Crawford v. State, 121 Nev. 744, 748, 121 P.3d 582, 585 (2005) (reviewing decisions regarding jury instructions for abuse of discretion or judicial error).

2016Because the State presented evidence from which the jury could reasonably infer that Estall's departure after the crime signified "something more than a mere going away," Weber v. State, 121 Nev. 554, 582 , 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229 , 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770 , 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction, see Crawford v. State, 121 Nev. 744, 748 , 121 SUPREME COURT OF NEVADA (0) 194Th P.3d 582, 585 (2005) (stating that instructional error is rev

2025United States v. Sager, 227 F.3d 1138, 1149 (9th Cir. 2000) ("One error is not cumulative error."); Pascua v. State, 122 Nev. 1001 , 1008 n.16, 145 P.3d 1031 , 1035 n.16 (2006) (explaining that where "errors were insignificant or nonexistent, the cumulative effect of those errors cannot be found to have deprived [the defendant] of a fair trial, especially in consideration of the evidence presented against her").

2022See Jerernias v. State, 134 Nev. 46 , 50, 412 P.3d 43, 48-49 (2018) (reviewing un- objected to error for plain error affecting substantial rights).

2022See Jerernias v. State, 134 Nev. 46, 50, 412 P.3d 43, 48-49 (2018) (reviewing un- objected to error for plain error affecting substantial rights).

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2022Because the jury could reasonably infer from the evidence presented that appellant's attempt to evade capture by California police signified something more than a mere going away," Weber v. State, 121 Nev. 554, 581-82, 119 P.3d 107, 126 (2005) (quoting State v. Rothrock, 45 Nev. 214, 229, 200 P. 525, 529 (1921)); see also Carter v. State, 121 Nev. 759, 770, 121 P.3d 592, 599 (2005), we conclude that the district court did not err in giving the flight instruction as worded, see, e.g., Walker v. State, 113 Nev. 853, 871, 944 P.2d 762, 773 (1997) (approving of flight instruction without "immediat

2022See Ledbetter v. State, 122 Nev. 252, 259, 129 P.3d 671, 676 (2006) (reviewing admission of uncharged conduct for abuse of discretion); Crawford v. State, 121 Nev. 744, 748, 121 P.3d 582, 585 (2005) (reviewing decisions regarding jury instructions for abuse of discretion or judicial error).

2022See Ledbetter v. State, 122 Nev. 252, 259, 129 P.3d 671, 676 (2006) (reviewing admission of uncharged conduct for abuse of discretion); Crawford v. State, 121 Nev. 744, 748, 121 P.3d 582, 585 (2005) (reviewing decisions regarding jury instructions for abuse of discretion or judicial error).

2021Also, "[Might instructions are valid only if there is . . . a chain of unbroken inferences from the defendant's behavior to the defendant's guilt of the crime charged." Jackson v. State, 117 Nev. 116, 121 , 17 P.3d 998, 1001 (2001).

2021Also, "[Might instructions are valid only if there is . . . a chain of unbroken inferences from the defendant's behavior to the defendant's guilt of the crime charged." Jackson v. State, 117 Nev. 116, 121 , 17 P.3d 998, 1001 (2001).

2020See Grey v. State, 124 Nev, 110, 120, 178 P.3d 154, 161 (2008) (holding that the defendant must object at trial to the same grounds he or she asserts on appeal); Davis v. State, 107 Nev. 600, 606, 817 P.2d 1169, 1173 (1991) (holding that this court need not consider arguments raised on appeal that were not presented to the district court in the first instance), overruled on other grounds by Means v. State, 120 Nev. 1001, 103 P.3d 25 (2004).

2020See Grey v. State, 124 Nev, 110, 120, 178 P.3d 154, 161 (2008) (holding that the defendant must object at trial to the same grounds he or she asserts on appeal); Davis v. State, 107 Nev. 600, 606, 817 P.2d 1169, 1173 (1991) (holding that this court need not consider arguments raised on appeal that were not presented to the district court in the first instance), overruled on other grounds by Means v. State, 120 Nev. 1001, 103 P.3d 25 (2004).

2016While we review the district court's decision to issue a jury instruction for an abuse of discretion, Ouanbengboune v. State, 125 Nev. 763, 774 , 220 P.3d 1122, 1129 (2009), "[b]ecause of the possibility of undue influence by [a flight] instruction, this court carefully scrutinizes the record to determine if the evidence actually warranted the instruction," Weber v. State, 121 Nev. 554, 582 , 119 P.3d 107, 126 (2005).

2016While we review the district court's decision to issue a jury instruction for an abuse of discretion, Ouanbengboune v. State, 125 Nev. 763, 774 , 220 P.3d 1122, 1129 (2009), "[b]ecause of the possibility of undue influence by [a flight] instruction, this court carefully scrutinizes the record to determine if the evidence actually warranted the instruction," Weber v. State, 121 Nev. 554, 582 , 119 P.3d 107, 126 (2005).

2016One related to the flight instruction from Carter v. State, 121 Nev. 759, 770 , 121 P.3d 592, 599 (2005), and the other two related to the burden of proof. "[W]hile the defense has the right to have the jury instructed on its theory of the case as disclosed by the evidence, no matter how weak or incredible that evidence may be, a defendant is not entitled to an instruction which incorrectly states the SUPREME COURT OF NEVADA 9 (0) 1947A law . ." Barnier v. State, 119 Nev. 129, 133 , 67 P.3d 320, 322 (2003) (internal quotation marks and footnotes omitted).

2016One related to the flight instruction from Carter v. State, 121 Nev. 759, 770 , 121 P.3d 592, 599 (2005), and the other two related to the burden of proof. "[W]hile the defense has the right to have the jury instructed on its theory of the case as disclosed by the evidence, no matter how weak or incredible that evidence may be, a defendant is not entitled to an instruction which incorrectly states the SUPREME COURT OF NEVADA 9 (0) 1947A law . ." Barnier v. State, 119 Nev. 129, 133 , 67 P.3d 320, 322 (2003) (internal quotation marks and footnotes omitted).

2001Graham, Jr., Federal Practice and Procedure § 5066 (1977 & Supp. 2001). 20 See id. (suggesting that giving a specific instruction at time of admission and a general final instruction is the “ideal” method). 21 See Castillo v. State, 114 Nev. 271, 282 , 956 P.2d 103, 110 (1998) (holding that this court reviews a district court’s decision to give or refuse to give a nonstatutory jury instruction for an abuse of discretion). 22 The typical instruction, in contrast, begins: “The flight of a person immediately after the commission of a crime ...” 23 See also United States v. Barnhart, 889 F.2d 1374

2001Graham, Jr., Federal Practice and Procedure § 5066 (1977 & Supp. 2001). 20 See id. (suggesting that giving a specific instruction at time of admission and a general final instruction is the “ideal” method). 21 See Castillo v. State, 114 Nev. 271, 282 , 956 P.2d 103, 110 (1998) (holding that this court reviews a district court’s decision to give or refuse to give a nonstatutory jury instruction for an abuse of discretion). 22 The typical instruction, in contrast, begins: “The flight of a person immediately after the commission of a crime ...” 23 See also United States v. Barnhart, 889 F.2d 1374

2001Graham, Jr., Federal Practice and Procedure § 5066 (1977 & Supp. 2001). 20 See id. (suggesting that giving a specific instruction at time of admission and a general final instruction is the “ideal” method). 21 See Castillo v. State, 114 Nev. 271, 282 , 956 P.2d 103, 110 (1998) (holding that this court reviews a district court’s decision to give or refuse to give a nonstatutory jury instruction for an abuse of discretion). 22 The typical instruction, in contrast, begins: “The flight of a person immediately after the commission of a crime ...” 23 See also United States v. Barnhart, 889 F.2d 1374

1970See People v. Ross, 44 Cal.Rptr. 722 (Cal.App. 1965), Gallegos v. People, 444 P.2d 267 (Colo. 1968), People v. Lobb, 161 N.E.2d 325 (Ill. 1959), State v. Van Auken, 460 P.2d 277 (Wash. 1969).

1970See People v. Ross, 44 Cal.Rptr. 722 (Cal.App. 1965), Gallegos v. People, 444 P.2d 267 (Colo. 1968), People v. Lobb, 161 N.E.2d 325 (Ill. 1959), State v. Van Auken, 460 P.2d 277 (Wash. 1969).

1970See People v. Ross, 44 Cal.Rptr. 722 (Cal.App. 1965), Gallegos v. People, 444 P.2d 267 (Colo. 1968), People v. Lobb, 161 N.E.2d 325 (Ill. 1959), State v. Van Auken, 460 P.2d 277 (Wash. 1969).

1970See People v. Ross, 44 Cal.Rptr. 722 (Cal.App. 1965), Gallegos v. People, 444 P.2d 267 (Colo. 1968), People v. Lobb, 161 N.E.2d 325 (Ill. 1959), State v. Van Auken, 460 P.2d 277 (Wash. 1969).