Saletta v. State

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Justia Opinion Summary

David Saletta was found guilty by a jury of indecent exposure. After the verdict was published and in response to Saletta's request for a jury poll, the district court polled the jury. During the poll, the seventh juror dissented from the verdict, after which the district court continued its poll. The court then questioned the seventh juror about her reasons for changing her mind. Saletta moved for a mistrial, which the district court denied. The jury was ordered to resume deliberation, and a subsequent jury poll resulted in a unanimous verdict. Saletta appealed. The Supreme Court reversed the conviction, holding that (1) the district court's polling method was not coercive under the three factors identified in U.S. v. Gambino; (2) the district court did not abuse its discretion by continuing to poll the jury after a juror retreated from the verdict under Nev. Rev. Stat. 175.531; and (3) the district court erred by questioning the dissenting juror, the error was plain, and it affected Saletta's substantial rights. Remanded.

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