Westenbarger v. State, 7897

Decision Date23 July 1975
Docket NumberNo. 7897,7897
Citation537 P.2d 1195,91 Nev. 478
PartiesDerek WESTENBARGER, Appellant, v. The STATE of Nevada, Respondent.
CourtNevada Supreme Court
OPINION

PER CURIAM:

A jury found Derek Westenbarger guilty of rape and robbery and he is now incarcerated in the Nevada State Prison.

In this appeal Westenbarger's principal contentions suggest we should reverse his conviction because: (1) there is insufficient evidence to support the verdict; (2) his counsel was not permitted to argue matters that were not in evidence; and (3) the photographic line-up conducted prior to the time he was charged was impermissibly suggestive.

1. '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).

2. During final summation to the jury the trial judge permitted appellant's counsel to argue that many convictions have resulted from mistaken identification; however, the judge rejected a request that counsel be permitted to read an article on identification from an issue of Time Magazine, noting that there had neither been a...

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3 cases
  • Blake v. State
    • United States
    • Nevada Supreme Court
    • October 20, 2005
    ...is a permissible and race-neutral reason for exclusion" through a peremptory challenge). 38. See generally Westenbarger v. State, 91 Nev. 478, 479, 537 P.2d 1195, 1196 (1975); see also Boyd v. State, 92 Nev. 73, 74, 545 P.2d 202, 202 (1976). 39. Witter, 112 Nev. at 922-23, 921 P.2d at 896; ......
  • Hankins v. State
    • United States
    • Nevada Supreme Court
    • July 23, 1975
  • Boyd v. State
    • United States
    • Nevada Supreme Court
    • January 28, 1976
    ...the trial judge precluded defense counsel's desire to read, during jury summation, an article from Time Magazine. Westenbarger v. State, 91 Nev. 478, 537 P.2d 1195 (1975); and, the inadvertent submission to the jury of a motor vehicle registration slip which had not been received in evidenc......

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