Nevada Supreme Court, 2015

Campbell v. the David Lapin Ltd. P'ship

Campbell v. the David Lapin Ltd. P'ship
Nevada Supreme Court · Decided April 16, 2015

Campbell v. the David Lapin Ltd. P'ship

Opinion

124 Nev. 1, 20, 174 P.3d 970, 982 (2008). In the context of unobjected-to misconduct, the attorney's conduct must rise to plain error to warrant a new trial; and plain error in this context is an "irreparable and fundamental error . . . that results in a substantial impairment of justice or denial of fundamental rights such that, but for the misconduct, the verdict would have been different." Id. at 19, 174 P.3d at 982. Having reviewed the briefs and appendices filed in this matter, we conclude that no such "substantial impairment of justice or denial of fundamental rights" occurred during voir dire or the closing arguments, and therefore, the district court did not abuse its discretion in denying Campbell's motion for a new trial. Accordingly, we ORDER the judgment of the district court AFFIRMED.

P, I

J.

Gibbons

go , J.

Pickering

cc: Hon. Jerry A. Wiese, District Judge William C. Turner, Settlement Judge Thomas & Springberg, P.C.

Pyatt Silvestri & Hanlon Mandelbaum, Ellerton & Associates Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A e

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