presented that Courtright was guilty of the charged crime, see NRS
202.360, and the jury's verdict will not be disturbed on appeal where, as
here, substantial evidence supports the verdict. See Bolden v. State, 97
Nev. 71, 73, 624 P.2d 20, 20 (1981); see also McNair v. State, 108 Nev. 53,
56, 825 P.2d 571, 573 (1992).
Next, Courtright contends that the prosecutor distorted the
fact-finding process by intentionally causing a defense witness, who was
prepared to testify that the firearm in question was his, to invoke his right
not to incriminate himself. Because Courtright did not object
contemporaneously at trial we review for plain error affecting his
substantial rights. See Valdez v. State, 124 Nev. 1172, 1191, 196 P.3d 465,
478 (2008); United States v. Jaeger, 538 F.3d 1227, 1230-31 (9th Cir.
2008). Here, after the witness indicated that he planned on incriminating
himself, the prosecutor and the district court canvassed him regarding his
right not to do so and the penalties that he faced by admitting possession
of the firearm. Defense counsel did not object, and instead suggested that
the witness confer with independent counsel. After speaking with counsel
the witness opted to invoke his right not to incriminate himself. We
conclude that the prosecutor did not distort the fact-finding process. See
United States v. Vavages, 151 F.3d 1185, 1189 (9th Cir. 1998) (a
prosecutor commits misconduct if she "employs coercive or intimidating
language or tactics that substantially interfere with a defense witness'
decision whether to testify"); United States v. Santiago-Becerril, 130 F.3d
11, 23-26 (1st Cir. 1997) (concluding that no misconduct occurred where,
despite "forceful" warnings regarding the right not to testify and potential
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OF
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prosecution for perjury, the judge reminded the witness that she could
testify if she chose and provided independent counsel to advise her).
Having considered Courtright's contentions and concluded
that they lack merit, we
ORDER the judgment of conviction AFFIRMED.
J.
Hardesty
Parra irre
Cherry
cc: Hon. Joanna Kishner, District Judge
Carl E. G. Arnold
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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