October 24, 2023, Oral Arguments
Wilson (Lina) vs. District Court (State)
Carson City – 10:00 a.m. – Court of Appeals
Wilson (Lina) vs. District Court (State)
Docket No. 84353-COA
Carson City – 10:00 a.m. – Court of Appeals
Petitioner was charged with obstructing a public officer, NRS 197.190, after it was alleged that she interfered and continued interfering with officers responding to a suicidal juvenile in possession of a knife. The interaction with the officers and the juvenile was outside on a neighborhood street. Petitioner, who lived next door, started yelling at both the officers and the juvenile from her yard, interrupted the officers’ attempts to deescalate the situation with the juvenile, and refused to stop after being approached by officers. Officers testified that petitioner’s behavior interfered with their ability to communicate with the juvenile, delaying their attempts to resolve the situation. The justice court found that petitioner “willfully hindered, delayed and obstructed the officers clearly.” Following a bench trial, petitioner was convicted and sentenced to 2 days in jail, 60 additional days in jail that were suspended for a period of 1-2 years, and 72 hours of community service. The district court denied petitioner’s appeal. This original petition for a writ of certiorari followed. ISSUES: Whether (1) NRS 197.190 is overbroad on its face because it makes speech a crime; (2) NRS 197.190 is overbroad as applied because petitioner was engaged in constitutionally protected activity; (3) NRS 197.190 is impermissibly vague on its face because it fails to provide sufficient notice of what conduct or speech is prohibited and encourages discriminatory or arbitrary enforcement; and (4) NRS 197.190 is vague as applied because petitioner did not understand she could be cited or convicted for her speech.