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NIKA v. STATE

No. 46586.

198 P.3d 839 (2008)

Avram NIKA, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

December 31, 2008.

Attorney(s) appearing for the Case

Richard F. Cornell, Reno; Glynn B. Cartledge, Reno, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Respondent.

Catherine Cortez Masto, Attorney General, and Victor-Hugo Schulze II, Senior Deputy Attorney General, Carson City, for Amicus Curiae Office of the Attorney General for the State of Nevada.

Franny A. Forsman, Federal Public Defender, and Michael Pescetta, Assistant Federal Public Defender, Las Vegas, for Amicus Curiae Federal Public Defender's Office for the District of Nevada.

Danny A. Silverstein, Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

BEFORE THE COURT EN BANC.

OPINION

HARDESTY, J.

The primary issue in this appeal concerns a jury instruction defining premeditation, commonly referred to as the Kazalyn1 instruction, and our decision in Byford v. State,2 which addressed specific concerns about that instruction. Appellant Avram Nika challenges our subsequent decisions that Byford announced a new rule with prospective effect.

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