Brass v. State, 291 P.3d 145

Lead opinion on appeal from district court decision; Batson challenge dismissed before Batson hearing, creating structural error; two defendants Jermaine Brass and Ronnie Brass charged with burglary, grand larceny, conspiracy to commit kidnapping, first-degree kidnapping, conspiracy to commit murder, and murder with a deadly weapon; Jermaine accused of involvement in shooting after Ronnie allegedly lured Ernest outside; juror no. 173 raised Batson objection as second African American venire member; district court excused juror 173 before Batson hearing but later held hearing and found race-neutral reasons; Jermaine challenges both Batson error and sufficiency of evidence for kidnapping; Ronnie’s appeal pending and he died March 22, 2012; multiple evidentiary and constitutional issues raised but not reached due to Batson ruling; court reverses and remands for Batson-related remedy and addresses sufficiency of evidence only on kidnapping.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Batson error from pre-hearing juror dismissal	Brass argues pre-hearing dismissal shows discrimination	State contends Batson hearing followed with reasons	Structural error; reversal and remand
Sufficiency of evidence for kidnapping	Evidence insufficient to prove willful enticement for kidnapping	Evidence supports plan to lure Ernest outside for killing	Evidence sufficient; conviction sustained on kidnapping element

Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (racial discrimination in peremptory challenges requires Batson analysis)
Diomampo v. State, 124 Nev. 414 (Nev. 2008) (structural error for discriminatory jury selection)
Cortinas v. State, 124 Nev. 1013 (Nev. 2008) (structural error analysis for Batson violations)
Washington v. State, 112 Nev. 1067 (Nev. 1996) (three-step Batson framework used in Nevada)
Doyle v. State, 112 Nev. 879 (Nev. 1996) (Batson analysis adopted in Nevada context)
Purkett v. Elem., 514 U.S. 765 (U.S. 1995) (clarified burden-shifting in Batson)
Burks v. United States, 437 U.S. 1 (U.S. 1978) (due-process requirement of proving elements beyond reasonable doubt)