Toree Robinson

Document Type

Case Summary

Publication Date

4-4-2024

Case Synopsis

Kwame De-Markquise Morrison raised five issues after a jury found him guilty of three counts of sexual assault upon a minor under the age of 14 years and one count of use of a minor under the age of 14 to produce pornography. Morrison contended that the district court erred when it instructed the jury that lack of knowledge, or mistake of fact as to the victim’s age, is not a defense to the charge of use of a minor in producing pornography, NRS 200.710(1). Second, Morrison alleged that the district court abused its discretion by denying his motion to dismiss counsel. Third, he alleged that the district court erred by failing to conduct a Faretta canvass. Fourth, he argued that the State committed prosecutorial misconduct. Fifth, Morrison contended the State improperly commented on the evidence during the closing argument. The Nevada Court of Appeals found that the district court provided an inaccurate jury instruction to the jury regarding NRS 200.710(1); nevertheless, the error was harmless beyond a reasonable doubt. The Court rejected Morrison’s other four arguments and found that the district court did not abuse its discretion.

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