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Wallette v. State

Court of Appeals of Nevada
May 28, 2024
No. 87025-COA (Nev. App. May. 28, 2024)

Opinion

87025-COA

05-28-2024

RYLAN JOEL WALLETTE, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

Rylan Joel Wallette appeals from a judgment of conviction, entered pursuant to a jury verdict, of assault with the use of a deadly weapon. Second Judicial District Court, Washoe County; Egan K. Walker, Judge.

Wallette argues the district court erred by (1) expressing an opinion of law enforcement during voir dire when witnesses in the case were members of law enforcement, and (2) commenting on the "violent" nature of the alleged offense during voir dire. Wallette did not object to the district court's statements below, and he does not argue on appeal that they constitute plain error. Specifically, he does not argue that the alleged errors are clear under current law from a casual inspection of the record, nor does he argue that those errors affected his substantial rights. See Jeremias v. State, 134 Nev. 46, 50, 412 P.3d 43, 48 (2018). We thus conclude he has forfeited these claims, and we decline to review them on appeal. See Miller v. State, 121 Nev. 92, 99, 110 P.3d 53, 58 (2005) (stating it is the appellant's burden to demonstrate plain error); see also State v. Eighth Jud. Dist. Ct. (Doane), 138 Nev., Adv. Op. 90, 521 P.3d 1215, 1221 (2022) (recognizing the Nevada appellate courts "follow the principle of party presentation" and thus "rely on the parties to frame the issues for decisions and assign to courts the role of neutral arbiter of matters the parties present" (quoting Greenlaw v. United States, 554 U.S. 237, 243 (2008)); Senjab v. Alhulaibi, 137 Nev. 632, 633-34, 497 P.3d 618, 619 (2021) ("We will not supply an argument on a party's behalf but review only the issues the parties present."). Accordingly, we

ORDER the judgment of conviction AFFIRMED.

Gibbons, C.J., Bulla, J., Westbrook, J.

cc: Hon. Egan K. Walker, District Judge


Summaries of

Wallette v. State

Court of Appeals of Nevada
May 28, 2024
No. 87025-COA (Nev. App. May. 28, 2024)
Case details for

Wallette v. State

Case Details

Full title:RYLAN JOEL WALLETTE, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Court of Appeals of Nevada

Date published: May 28, 2024

Citations

No. 87025-COA (Nev. App. May. 28, 2024)