Selvin Eduardo Zecena-Valdez v. Nevada

On November 18, 2015, Mr. Zecena was charged in the District Court with five counts of sexual assault on a child (Counts I – V), five counts of lewdness with a child under the age of fourteen years (Counts VI – X), and one count of attempted sexual assault on a child (Count XI). All charges involved allegations of misconduct with Mr. Zecena’s niece Nicole. Mr. Zecena pled not guilty. On July 25, 2016, Mr. Zecena filed a Motion in Limine to Admit Evidence of States Witnesses Prior Bad Acts. The State opposed the motion, and the District Court held an evidentiary hearing. On September 30, 2016, the District Court issued an Order Denying Defendant’s Motion in Limine and precluded Mr. Zecena from presenting evidence in support of his defense. Trial took place from October 17, 2016, to October 21, 2016. The jury found Mr. Zecena not guilty on Count I and Guilty on Counts II through XI. On appeal, the Nevada Supreme Court affirmed the conviction based on NRS 48.045(2). Mr. Zecena presents the following question to this Court: Whether the Supreme Court of Nevada’s interpretation and application of Nevada Revised Statute (“NRS”) 48.045(2) deprived Mr. Zecena of his right to a fair trial pursuant to the Due Process and Confrontation Clauses of the United States Constitution.