Opinion
No. 61670
03-12-2015
MARCUS D. MCANALLY, JR., Appellant, v. STEWART L. BELL, DISTRICT ATTORNEY; AND THE CLARK COUNTY DISTRICT ATTORNEY'S OFFICE, A NEVADA POLITICAL ENTITY, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court judgment on a short trial jury verdict in a malicious prosecution action. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.
Appellant filed a complaint alleging a claim for malicious prosecution against respondents due to their criminal investigation and indictment of appellant. After a short trial jury trial, the jury returned a verdict in favor of respondents and judgment was entered accordingly. This appeal followed.
Appellant argues that substantial evidence does not support the jury's verdict in favor of respondents. Appellant has not cited to any part of the record where he properly preserved this issue for appellate review, however. Bill Stremmel Motors, Inc. v. Kerns, 91 Nev. 110, 111, 531 P.2d 1357, 1357 (1975) (declining to consider an argument that the evidence failed to support the judgment where appellant did not move for a directed verdict, judgment notwithstanding the verdict, or new trial); Price v. Sinnott, 85 Nev. 600, 607, 460 P.2d 837, 841 (1969). Where a party has not properly preserved a question of sufficiency of the evidence for appellate review, this court will reverse a jury's verdict only if the record reveals plain error or there is a showing of manifest injustice. Price, 85 Nev. at 607, 460 P.2d at 841.
Appellant raises no issues of plain error or manifest injustice in his brief, and having reviewed the parties' appendices we perceive none. Torres v. Farmers Ins. Exch., 106 Nev. 340, 345 n.2, 793 P.2d 839, 842 n.2 (1990) ("An error is plain if the error is so unmistakable that it reveals itself by a casual inspection of the record." (internal quotations omitted)); Kroeger Props. & Dev., Inc. v. Silver State Title Co., 102 Nev. 112, 114-16, 715 P.2d 1328, 1330-31 (1986) (indicating that under the plain error standard, the question is not whether the jury's verdict is supported by substantial evidence, but whether it is supported by any evidence, and recognizing that the jury is entitled to evaluate the evidence and testimony in rendering a decision). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Ronald J. Israel, District Judge
Carolyn Worrell, Settlement Judge
Kirk T. Kennedy
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Eighth District Court Clerk