Wednesday, December 14, 2022 - Carson City - Las Vegas

December 14 , 2022, Oral Arguments

Alfaro (William) vs. State

Carson City – 1:30 p.m. – Gibbons/Cadish/Pickering

Rohr (Anita) vs. State

Carson City – 2:00 p.m. – Gibbons/Cadish/Pickering

Lee vs. Patin

Las Vegas/Carson City – 3:00 p.m. - Gibbons/Cadish/Pickering

Alfaro (William) vs. State

Docket No. 83316

Carson City – 1:30 p.m. – Gibbons/Cadish/Pickering

This is an appeal from a judgement of conviction, pursuant to a jury verdict, of seven counts of sexual assault of a child under fourteen pursuant to NRS 200.366(3)(c) and three counts of lewdness with a child under fourteen pursuant to NRS 201.230.  On appeal, appellant William Rene Alfaro challenges the sufficiency of the evidence, arguing that the district court abused its discretion in denying his joint motions for acquittal and a new trial.  He also challenges (1) his convictions for both lewd and assaultive acts as redundant; (2) the admission of prior bad acts and res gestae evidence; (3) the denial of jury instructions on negative inferences and the admission of a jury instruction defining “lewdness” using Berry v. State; (4) the court’s reliance on “suspect evidence” at sentencing; and (5) the length of his sentence as cruel and unusual under the Eighth Amendment. Alfaro argues that these claims constitute cumulative error if they are individually insufficient to warrant a new trial.

Rohr (Anita) vs. State

Docket No. 84022

Carson City – 2:00 p.m. – Gibbons/Cadish/Pickering

Anita Rohr was convicted of murdering Melinda Tucker.  On appeal, Rohr argues the district court erred by (1) issuing an erroneous jury instruction, (2) limiting the scope of expert testimony, and (3) finding Rohr’s confession voluntary.

Lee vs. Patin

Docket No. 83213

Las Vegas/Carson City – 3:00 p.m. – Gibbons/Cadish/Pickering

This appeal involves a post-judgment award of attorney fees and costs arising from a defamation action filed by appellant against respondents. The appellant ultimately lost on summary judgment, so he did not recover in his defamation suit.  The court has asked the parties to be prepared to address the proper interpretation to be given the offers of judgment.