Cabrera v. State
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The Supreme Court affirmed in part and reversed in part the judgment of conviction, pursuant to a jury verdict, of two counts of first-degree murder with the use of a deadly weapon and other crimes, holding that the district court erred in precluding Defendant from asserting duress as a defense to the charged crimes which were not punishable with death.
Defendant was convicted of first-degree murder, attempted murder with the use of a deadly weapon, conspiracy to commit murder, and burglary while in possession of a deadly weapon. At issue on appeal was whether the language in Nev. Rev. Stat. 194.010(8) stating that duress cannot be asserted as a defense to a crime that "is punishable with death" can be interpreted to include crimes that are not punishable with death but require proof of intent to commit a crime that is punishable by death. The Supreme Court held (1) section 194.010(8) cannot be interpreted to limit the duress defense with respect to crimes that are not punishable with death regardless of the relationship between those crimes and another crime that is punishable with death; and (2) the district court's error in precluding Defendant from asserting duress as a defense to the crimes not punishable by death was not harmless.
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