Sunday, December 22, 2013

Tucker v. State case brief

Tucker v. State case brief summary
412 P.2d 970 (Nev. 1966)

Criminal defendant appealed his second-degree murder conviction from the Eighth Judicial District Court, Clark County (Nevada).

The police found a dead man in defendant's house after he telephoned the police. After an extensive investigation, no one, including defendant, was charged with that killing. Years later, defendant again telephoned the police and the police found a dead man in his house. Defendant was charged and convicted of second degree murder.


  • At trial, over objection, the court allowed plaintiff to introduce evidence of the first homicide. 
  • The court reasoned that the circumstances of the deaths were sufficiently parallel to render the evidence admissible. 
  • The court found that the evidence of the first homicide was not admissible for any purpose and that prejudicial error occurred when the court permitted the jury to hear and consider it because it was not proven by clear and convincing evidence that defendant committed the collateral offense.

Conviction reversed and remanded for a new trial because the prosecution did not prove that defendant committed the collateral offense before its circumstances were admitted into evidence.

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