Andersen v. Eighth Jud. Dist. Ct. (Nev. Supreme Ct. – Sept. 12, 2019)
At issue is since Nevada limits the right to bear arms for a person who has been convicted of misdemeanor battery constituting domestic violence, is the classification of the offense serious thereby requiring a jury trial.
Andersen was arrested and charged with first-offense battery constituting domestic violence (domestic battery), a misdemeanor pursuant to NRS 200.485(1)(a), and simple battery. Before the municipal court, Andersen made a demand for a jury trial, arguing that a conviction for domestic battery was a serious offense and thus compelled a jury trial. After the municipal court denied the demand for a jury trial, Andersen entered a no contest plea to the domestic battery charge, and the charge of simple battery was dismissed.
On appeal to the district court, Andersen’s sole contention was that he was erroneously denied the right to a jury trial. The district court disagreed and affirmed the conviction. Andersen then filed a writ petition.