Nevada Supreme Court

Travis Earl Runion, Appellant v. the State of Nevada, Respondent

December 4, 2000116 Nev. 1041

Summary

The court reversed Runion's convictions for first-degree murder and attempted murder because the jury was not properly instructed on apparent danger as a self-defense theory and the prosecutor improperly used the excluded corroborating testimony to attack Runion's credibility. Although the excluded statement was not admissible as a prior consistent statement because Runion had a motive to fabricate, the prosecutor's closing argument compounded the instructional error and denied Runion a fair trial. The case was remanded for a new trial.