Disclaimer: This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all inclusive or reflect all positions of the parties.
Las Vegas Justices Hardesty, Douglas, and Pickering
The evidence presented at trial demonstrated that after Allen Heusner had been served with a temporary protective order, he broke into the home he shared with his wife, beat to death the man with whom his wife had been having an intimate relationship, and set a blanket on fire. Heusner was convicted of first-degree murder, first-degree arson, and burglary while in possession of a deadly weapon. Heusner raises numerous issues on appeal. ISSUES: Did the district court err in allowing the State to pursue a theory of felony murder with the predicate felony being burglary based upon entry with an intent to murder? Did the district court abuse its discretion by admitting prior bad act evidence? Did the district court abuse its discretion when it instructed the jury that it did not have to be unanimous on the theory supporting the first-degree murder conviction? Did the admission of evidence of Heusner's post-arrest silence violate his Fifth Amendment right against self-incrimination?
