Document Type
Case Summary
Publication Date
6-27-2024
Case Synopsis
During voir dire, a prospective juror stated unclearly and quietly that she thought she recognized the defendant, Mariscal-Ochoa, as her nephew’s sexual abuser. She was struck for cause over Mariscal-Ochoa’s objections to strike the entire venire, and the lower court gave a curative instruction reiterating the presumption of innocence and clarifying the jurors’ role in disregarding uncharged acts. Mariscal-Ochoa was convicted for sexually abusing his nine-year-old stepdaughter after testifying. The Court affirmed, holding that the trial court was in the best position to determine whether prejudice was incurable during voir dire.
Recommended Citation
Meschkow, Alisha, "Mariscal-Ochoa v. State, 140 Nev. Adv. Op. 42 (Jun. 27, 2024)" (2024). Nevada Supreme Court Summaries. 1695.
https://scholars.law.unlv.edu/nvscs/1695