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Rose v. State

Supreme Court of Nevada
255 P.3d 291 (2011)


Facts

Brian Rose (defendant) was at a friend’s house one evening. Rose handed over his semiautomatic pistol to his friends for them to examine. Eventually, Rose reacquired the gun and went into the kitchen to tell his girlfriend, Jackie Watkins, that it was time to leave. Watkins was speaking with a friend on the phone. Rose aimed the gun in Watkin’s general direction and told her to get off the phone. The gun discharged, shooting Watkins in the head. Under a felony-murder theory, Rose was charged with second-degree murder using a deadly weapon. Rose told investigators that he did not intend to shoot Watkins, but rather had waved the gun as a joke. Rose filed a pretrial motion to strike the felony-murder theory and to have the trial court apply the merger doctrine. The trial court denied Rose’s motion, and Rose was convicted of second-degree murder. Rose’s motions for a new trial or a judgment to set aside the verdict were also denied. Rose appealed.

Rule of Law

Issue

Holding and Reasoning (Douglas, C.J.)

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