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Anderson v. State
Citations: 865 P.2d 331; 109 Nev. 1150; 1993 Nev. LEXIS 177Docket: 23946
Court: Nevada Supreme Court; December 22, 1993; Nevada; State Supreme Court
Troy Anderson was arrested for DUI by his neighbor, Trooper Mark Sacha, who believed there was an active warrant for Anderson's arrest. However, the warrant had been quashed prior to the arrest. Anderson contested the legality of the arrest, arguing that Sacha could not rely on the warrant and that the parking lot was private property, thus exempt from DUI laws. The district court denied his motions to suppress the arrest and dismiss the charges, admitting Sacha's written testimony from a preliminary hearing despite Anderson's objections. On appeal, Anderson raised three issues: the erroneous admission of the written testimony, the unconstitutional nature of his detention, and the applicability of DUI laws to private property. The Supreme Court of Nevada agreed with Anderson regarding the admission of Sacha's testimony, noting the state failed to demonstrate Sacha's unavailability to testify in person, violating NRS 171.198(6) and the Confrontation Clause of the Sixth Amendment. This testimony was crucial for the State's case and the court ruled that its admission was not a harmless error, leading to the reversal of Anderson's conviction without addressing the other arguments.