Franks v. StateAnnotate this Case
The Supreme Court affirmed the judgment of the district court permitting the State to introduce evidence of prior, uncharged sexual acts committed by Appellant in the instant prosecution for a sexual offense for purposes of showing propensity under Nev. Rev. Stat. 48.045(3), holding that the district court did not plainly err by permitting the State to introuce evidence of Appellant’s prior conduct for propensity purposes.
Specifically, the Court held (1) the plain language of section 48.045(3) permits the district court to admit evidence of a separate sexual offense for purposes of proving propensity in a sexual offense prosecution; (2) while such evidence may be admitted without the district court holding a Petrocelli hearing, evidence of separate acts constituting sexual offenses must be evaluated for relevance and heightened risk of unfair prejudice; and (3) the district court did not commit plain error by allowing the State to introduce evidence of Appellant’s prior sexual acts for propensity purposes.