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HERNANDEZ v. STATE

No. 47435.

188 P.3d 1126 (2008)

Emmanuel HERNANDEZ, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

July 31, 2008.

Attorney(s) appearing for the Case

Steven B. Wolfson, Chtd., and James J. Ruggeroli, Las Vegas, for Appellant.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and Linda Y. Lewis, Deputy District Attorney, Clark County, for Respondent.

BEFORE HARDESTY, PARRAGUIRRE and DOUGLAS, JJ.

OPINION

By the Court, HARDESTY, J.:

The State charged appellant Emmanuel Hernandez with first-degree murder with the use of a deadly weapon for shooting and killing Jose Gonzalez in front of the Palm Hills Apartments in Las Vegas. At the State's request, the district court admitted at trial the preliminary hearing testimony of a witness who did not arrive to testify as scheduled. In this appeal, we address the burden placed on the proponent of an...

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