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Morris v. State

Court of Appeals of Nevada
Mar 18, 2024
No. 86525-COA (Nev. App. Mar. 18, 2024)

Opinion

86525-COA

03-18-2024

THOMAS MORRIS, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS, C.J.

Thomas Morris appeals pursuant to NRAP 4(c) from a judgment of conviction, entered pursuant to a no contest plea, of racially motivated assault with the use of a deadly weapon and gross misdemeanor abuse of an older person. Ninth Judicial District Court, Douglas County; Nathan Tod Young, Judge.

Morris argues the district court erred by failing to invoke the exclusionary rule at the beginning of the sentencing hearing and/or by failing to honor counsel's invocation of the exclusionary rule during the sentencing hearing. NRS 50.155. also known as the exclusionary rule, is contained within title 4 of the Nevada Revised Statutes and does not apply to sentencing proceedings, See NRS 47.020(3)(c); see also Witter v. State, 112 Nev. 908, 916-17, 921 P.2d 886, 892-93 (1996) (holding the exclusionary rule does not apply to sentencing proceedings, even in capital cases), abrogated on other grounds by Nunnery v. State, 127 Nev. 749, 776 n.12, 263 P.3d 235, 253 n.12 (2011). Therefore, we conclude the district court did not err by failing to invoke the exclusionary rule or by failing to honor counsel's invocation of the exclusionary rule at sentencing. Accordingly, we

To the extent Morris contends NRS 50.155 applies to his sentencing hearing because his case is factually distinguishable from Pray v. State, 114 Nev. 455, 959 P.2d 530 (1998), Morris fails to demonstrate that NRS 50.155 required the district court to invoke the exclusionary rule or to honor his counsel's invocation of the exclusionary rule at the sentencing hearing. See Pray, 114 Nev. at 458, 959 P.2d at 531-32 (citing Witter for the proposition that "the exclusionary rule does not apply to witnesses who testify only during the penalty phase of the trial").

ORDER the judgment of conviction AFFIRMED.

Bulla, J., Westbrook, J.

Hon. Nathan Tod Young, District Judge


Summaries of

Morris v. State

Court of Appeals of Nevada
Mar 18, 2024
No. 86525-COA (Nev. App. Mar. 18, 2024)
Case details for

Morris v. State

Case Details

Full title:THOMAS MORRIS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Court of Appeals of Nevada

Date published: Mar 18, 2024

Citations

No. 86525-COA (Nev. App. Mar. 18, 2024)