Walker v. State, 542 P.2d 438 (Nev. 1975). · Go Syfert
Walker v. State, 542 P.2d 438 (Nev. 1975). Cases Citing This Book View Copy Cite
145 citation events (133 in the last 25 years) across 3 distinct courts.
Strongest positive: Roderos (Michael) v. State (nev, 2022-08-26)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Roderos (Michael) v. State (4×) also: Cited as authority (quoted)
Nev. · 2022 · signal: see · quote attribution · 4 verbatim quotes · confidence high
t is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.
examined Cited as authority (verbatim quote) Conway (Gary) Vs. State (2×) also: Cited as authority (quoted)
Nev. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
mt is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.
examined Cited as authority (verbatim quote) Garcia (Evaristo) v. State (2×) also: Cited as authority (quoted)
Nev. · 2015 · quote attribution · 2 verbatim quotes · confidence high
mt is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.
examined Cited as authority (verbatim quote) Howard (Wendolen) v. State (2×) also: Cited as authority (quoted)
Nev. · 2014 · quote attribution · 2 verbatim quotes · confidence high
mt is the function of the jury, not the appellate court, to weigh the evidence and pass upon the credibility of the witness.
discussed Cited as authority (rule) Eric L. Dale v. Brian E. Williams, et al.
D. Nev. · 2025 · confidence medium
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 Nev. 807, 816 , 192 P.3d 721, 727 (2008). “[I]t is the function of the jury, not the appellate court, to 21 weigh t…
discussed Cited as authority (rule) Evaristo Jonathan Garcia v. W.A. Gittere, et al.
D. Nev. · 2025 · confidence medium
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.
discussed Cited as authority (rule) Devlin v. Oliver
D. Nev. · 2025 · confidence medium
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 testimony.
discussed Cited as authority (rule) Miguel v. Howell
D. Nev. · 2025 · confidence medium
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 and determine whether “any rational trier of fact could 9 have found the essential elements of the crime beyond a reaso…
discussed Cited as authority (rule) Kie v. Garrett
D. Nev. · 2023 · confidence medium
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. State, 23 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975). 1 Our review of the record reveals sufficient evidence to es…
examined Cited as authority (rule) Hudson (Jerry) v. State (3×)
Nev. · 2022 · confidence medium
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 that "circumstantial evidence alone may sustain a conviction"); Walker v. State, 91 Nev. 724, 726, 542 P.2d 438, 439 (1975…
discussed Cited as authority (rule) Fox (Derek) Vs. State
Nev. · 2021 · confidence medium
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).
discussed Cited as authority (rule) Guitron v. Baker
D. Nev. · 2021 · confidence medium
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 determines the weight and credibility of conflicting testimony, and we will not disturb the jury’s verdict where 18…
discussed Cited as authority (rule) Baehr (Tracy) Vs. State
Nev. · 2020 · confidence medium
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.
discussed Cited as authority (rule) Phillips (Damien) Vs. State
Nev. · 2020 · confidence medium
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).
discussed Cited as authority (rule) Hogarth (Arlyn) Vs. State
Nev. · 2020 · confidence medium
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).
discussed Cited as authority (rule) Gallon (Lashae) Vs. State
Nev. · 2019 · confidence medium
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).
discussed Cited as authority (rule) Scott (Eric) Vs. State
Nev. · 2019 · confidence medium
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.").
discussed Cited as authority (rule) Herrod (Michael) v. State
Nev. · 2019 · confidence medium
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 (1975) (recognizing that "it is the function of the jury, not the appellate court, to weigh the evidence and pass upon t…
discussed Cited as authority (rule) Bond, Jr. (Carl) v. State
Nev. · 2019 · confidence medium
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. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975) (recognizing that "it is the function of the jury, not the appellate c…
examined Cited as authority (rule) Lawes (Gordon) v. State (3×) also: Cited "see"
Nev. · 2019 · confidence medium
State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).
examined Cited as authority (rule) Lawes (Gordon) v. State (3×) also: Cited "see"
Nev. · 2019 · confidence medium
State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).
examined Cited as authority (rule) Carroll, Jr. (Kohath) v. State (3×) also: Cited "see"
Nev. · 2019 · confidence medium
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 credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).
examined Cited as authority (rule) Carroll, Jr. (Kohath) v. State (3×) also: Cited "see"
Nev. · 2019 · confidence medium
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 credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).
examined Cited as authority (rule) Bellows (Lanell) v. State (3×) also: Cited "see"
Nev. · 2019 · confidence medium
"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).
examined Cited as authority (rule) GUERRINA (ROBERT) VS. STATE (3×)
Nev. · 2018 · confidence medium
"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).
examined Cited as authority (rule) GUERRINA (ROBERT) VS. STATE (3×)
Nev. · 2018 · confidence medium
"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).
examined Cited as authority (rule) SHUE (JOSHUA) VS. STATE (3×)
Nev. · 2017 · confidence medium
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).
discussed Cited as authority (rule) SHUE (JOSHUA) VS. STATE
Nev. · 2017 · confidence medium
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).
discussed Cited as authority (rule) Pough, Sr. (Jerry) v. State
Nev. · 2017 · confidence medium
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).
discussed Cited as authority (rule) Boyer, Jr. (Donald) v. State
Nev. · 2016 · confidence medium
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).
examined Cited as authority (rule) Merlino v. State (3×)
Nev. · 2015 · confidence medium
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 credibility of witnesses." Id. (citing Walker v. State, 91 Nev. 724, 726, 542 P.2d 438, 438-39 (1975)).
discussed Cited as authority (rule) Merlino v. State
Nev. · 2015 · confidence medium
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 credibility of witnesses." Id. (citing Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975)).
discussed Cited as authority (rule) MERLINO (CARRIE) VS. STATE
Nev. · 2015 · confidence medium
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 credibility of witnesses." Id. (citing Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975)).
discussed Cited as authority (rule) MERLINO (CARRIE) VS. STATE
Nev. · 2015 · confidence medium
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 credibility of witnesses." Id. (citing Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975)).
discussed Cited as authority (rule) Guitron v. State
Nev. · 2015 · confidence medium
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 (1980).
examined Cited as authority (rule) Guitron v. State (3×)
Nev. · 2015 · confidence medium
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, 313 (1980).
discussed Cited as authority (rule) GUITRON (MIGUEL) VS. STATE
Nev. · 2015 · confidence medium
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, 313 (1980).
discussed Cited as authority (rule) GUITRON (MIGUEL) VS. STATE
Nev. · 2015 · confidence medium
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, 313 (1980).
discussed Cited as authority (rule) Navas (Julio) v. State
Nev. · 2015 · confidence medium
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 interviews open to other interpretations.
discussed Cited as authority (rule) Gomez (Daniel) v. Dist. Ct. (State)
Nev. · 2015 · confidence medium
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).
discussed Cited as authority (rule) Black (Demetrius) v. State
Nev. · 2014 · confidence medium
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).
discussed Cited as authority (rule) McDaniel (Phillip) v. State
Nev. · 2014 · confidence medium
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 (1981); see also McNair v. State, 108 Nev. 53, 56 , 825 P.2d 571, 573 (1992).
discussed Cited as authority (rule) Martinez (Luis) v. State
Nev. · 2014 · confidence medium
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).
discussed Cited as authority (rule) Barchenger (Dan) v. State
Nev. · 2014 · confidence medium
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 credibility of the witness." Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).
cited Cited as authority (rule) Redman (William) v. State
Nev. · 2013 · confidence medium
Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 439 (1975).
discussed Cited as authority (rule) Estrada, Jr. (Frank) v. State
Nev. · 2013 · confidence medium
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).
discussed Cited as authority (rule) Doyle v. State (2×)
Nev. · 1996 · confidence medium
Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975). 1.
cited Cited as authority (rule) Davis v. State
Nev. · 1994 · confidence medium
Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975).
cited Cited as authority (rule) McNair v. State
Nev. · 1992 · confidence medium
Walker v. State, 91 Nev. 724, 726 , 542 P.2d 438, 438-39 (1975).
discussed Cited as authority (rule) Crawford v. State (2×)
Nev. · 1991 · confidence medium
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).
Retrieving the full opinion text from the archive…
GEORGE WALKER, Appellant,
v.
THE STATE OF NEVADA, Respondent
7767.
Nevada Supreme Court.
Nov 12, 1975.
542 P.2d 438
Morgan D. Harris, Public Defender, and Thomas L. Leen, Deputy Public Defender, Clark County, for Appellant., Robert List, Attorney General, Carson City; George Holt, District Attorney, and Dan M. Seaton, Chief Deputy District Attorney, Clark County, for Respondent.
Per Curiam.
Cited by 61 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: #17,411 of 633,719
Citer courts: Nevada Supreme Court (4)

OPINION

Per Curiam:

A jury found George Walker guilty of the sale of a controlled substance (heroin), in violation of NRS 453.321. Since this was his second conviction for the sale of heroin, Walker was sentenced to life imprisonment in the Nevada State Prison without possibility of parole, as mandated by NRS 453.321. Walker has appealed from his judgment of conviction, seeking reversal on several grounds, which we reject[*726] as meritless; therefore, we affirm the judgment of the lower court.

On February 23, 1973, Wiffiani Arnold, an undercover narcotics agent for the State of Nevada, approached one Johnny Benson in the Brown Derby bar in Las Vegas, seeking to purchase heroin. After some preliminary discussion, Benson took Arnold to meet Walker, and Arnold purchased from Walker a balloon containing heroin, for $30. Walker took the stand and denied the sale.

Walker claims on appeal that the evidence was insufficient to support the jury's verdict. The 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. A verdict supported by substantial evidence may not be disturbed on appeal. Apparently the jury believed Arnold rather than Walker, which was their prerogative. "Where there is substantial evidence to support a verdict in a criminal case, as the record indicates exists in this case, the reviewing court will not disturb the verdict nor set aside the judgment." Sanders v. State, 90 Nev. 433, 434, 529 P.2d 206, 207 (1974). See also Azbill v. State, 88 Nev. 240, 495 P.2d 1064 (1972); Cross v. State, 85 Nev. 580, 460 P.2d 151 (1969).

Walker also complains that the district judge erred in refusing a continuance of the trial on the date it had started, for the purpose of subpoenaing Johnny Benson, who was incarcerated in the State Prison, to testify in Walker's behalf. The record shows that Walker's attorney did not wish to call Benson, although he made Walker's views known to the trial judge. [1] No subpoena had been issued for Benson, nor a motion[*727] for continuance made, as provided in DCR 21. See Hill v. Sheriff, 85 Nev. 234, 452 P.2d 918 (1969). There is no merit to Walker’s contention.

Walker also asserts that, because of the State’s failure to establish a proper chain of custody, the trial court committed error in admitting in evidence the heroin. Arnold testified that he placed the balloon containing the heroin that he purchased from Walker, in his glass case, and then put it in a State narcotics evidence envelope, which he deposited in the evidence impound at the State Narcotics Division office in Las Vegas; that he personally hand-delivered the proposed exhibits to the justice court, where they were received in evidence at the preliminary hearing. Richard Russell Renner, a chemist with the Las Vegas Metropolitan Police Department, testified that he removed the above-named exhibits from the county clerk’s office for laboratory testing a few days before the district court trial and then returned the exhibits to the clerk. No objection was made at the time the exhibits relating to the balloon and heroin were received in evidence. Earlier in the trial, defense counsel had stated to the court that he would have no objection to the admission of the exhibits if a proper chain of custody from the time of arrest were established. Apparently counsel was satisfied, for he made no objection when the[*728] exhibits were formally offered. A review of the record demonstrates a proper showing of a chain of custody of the evidence received. See Sorce v. State, 88 Nev. 350, 497 P.2d 902 (1972); Ricci v. State, 91 Nev. 373, 536 P.2d 79 (1975).

Finally, Walker argues that he was denied due process because of the inadequacy of his counsel. We find this charge completely without merit.

Affirmed.

1

"COURT: Let the record show we are convening in the absence of the jury at the request of counsel for the defendant.

"You may proceed.

"MR. HUBBARD [defendant's counsel]: As I discussed with you in chambers, with the Assistant District Attorney, Your Honor, from the time I have been assigned this case I have had approximately six interviews in jail with my client. I have had an opportunity to review the arrest report and the basic evidence that the State will be presenting against my man. Now, actually during my trial preparation I determined that it would not be in the best interest of my client to subpoena the co-defendant, Mr. Benson. It is my understanding that Mr. Benson negotiated a plea with the District Attorney's,Office either on this charge or a similar charge and he is presently incarcerated in State Prison in Carson City. Now, the defendant tells me at the noon recess today that he felt Mr. Benson, and this incidentally is the first[*727] time that he has mentioned it to me, in regard to subpoenaing Mr. Benson or I would have done it, but against my advice because I really felt that Mr. Benson would not help my client’s case, Mr. Walker has asked that we have Mr. Benson here to testify on his behalf and I realize that the man is in the State Prison and that it would probably take a few days to get him down here, so at this time I am making the motion to have Mr. Benson brought down here as a witness.

“COURT: Have you previously discussed with the defendant the advisability of having Mr. Benson here?

MR. HUBBARD: Yes, sir, I believe on one of my interviews in the jail that I suggested to Mr. Walker that it would not be in his best interests to have Mr. Benson testify.

“COURT: You are of the personal opinion that he would not be helpful to the defense of this case?

“MR. HUBBARD: Yes, Your Honor.

“COURT: But you feel that it is encumbent [sic] upon you because of Mr. Walker’s request that you move for a continuance?

“MR. HUBBARD: Yes, sir, that’s true.

“COURT: Well, I think there hasn’t been a proper showing for a continuance based on the absence of the witness or that there has been sufficient diligence used in having him here for the trial, and that the motion is made too late. The motion is denied.”