Campbell v. the David Lapin Ltd. P'ship

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