Natko v. State

The Supreme Court reversed Defendant’s conviction for exploitation of a vulnerable person and theft, holding that the district court erred by instructing the jury that a person’s status as a joint account holder does not by itself provide lawful authority to use or transfer another's assets for their own benefit and that the error was not harmless.On appeal, Defendant argued, in part, that the instruction was a misstatement of law because it directly contradicts Nev. Rev. Stat. 100.085. The Supreme Court agreed and reversed, holding (1) the instruction was inconsistent with section 100.085 and did not accurately and completely reflect the reasoning and conclusion in Walch v. State, 909 P.2d 1184 (1996); and (2) therefore, the jury instruction was not a correct statement of the law, and the error in giving the instruction was not harmless. View "Natko v. State" on Justia Law