ADAM v. STATE

No. 54121.

261 P.3d 1063 (2011)

Ramon Dinkha ADAM, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

September 22, 2011.


Attorney(s) appearing for the Case

Philip J. Kohn , Public Defender, and Jason B. Trauth and Audrey M. Conway , Deputy Public Defenders, Clark County, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; David J. Roger , District Attorney, Nancy A. Becker and Steven S. Owens , Chief Deputy District Attorneys, and Sonia V. Jimenez , Deputy District Attorney, Clark County, for Respondent.

Before SAITTA, C.J., HARDESTY and PARRAGUIRRE, JJ.


OPINION

By the Court, HARDESTY, J.:

At his trial for trafficking in a controlled substance, appellant Ramon Dinkha Adam sought a jury instruction on the procuring agent defense, which generally provides that if a defendant is an agent of the purchaser, then the defendant should only be held as culpable as the purchaser. The district court rejected the instruction, even though there was some evidence, and Nevada caselaw, that supported giving the instruction...

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