Nevada Supreme Court
Adrian Jackson v. the State of Nevada, Respondent Steve Garcia v. the State of Nevada
December 6, 2012128 Nev. 598
Summary
The court affirmed both judgments, holding that cumulative convictions and punishments for attempted murder and the applicable assaultive offenses do not violate double jeopardy or Nevada's redundancy doctrine. The court applied the statutory text and the Blockburger elements test, concluding that the offenses contain distinct elements and that Nevada's attempt statute authorizes cumulative punishment. It also upheld the admission of the surveillance evidence because the State never possessed the omitted footage, the footage was not materially exculpatory, and Jackson failed to show bad faith. Jackson's cruel-and-unusual-punishment challenge was rejected because his sentences were within statutory limits and were not grossly disproportionate.