BURKS v. STATE (2021)

ORDER OF AFFIRMANCE

On appeal, Burks argues that (1) the State committed prosecutorial misconduct during the cross-examination of Burks’ codefendant by alluding to the fact that Burks would not testify; and (2) during closing argument, Burks’ codefendant's counsel improperly referred to Burks’ invocation of his Fifth Amendment right to remain silent. Nonetheless, he waived his challenges because he did not assert them during the proceedings below. See Jeremias v. State, 134 Nev. 46, 50, 412 P.3d 43, 48 (2018) (“The failure to preserve an error ․ forfeits the right to assert it on appeal”).

Furthermore, even if the waiver rule does not operate as an absolute bar to Burks’ claims, those claims would still fail because he does not attempt to satisfy the plain-error standard of review on appeal. See Miller v. State, 121 Nev. 92, 99, 110 P.3d 53, 58 (2005) (noting that an appellant bears the burden of demonstrating that he was prejudiced by the plain error); Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987) (contentions not supported by relevant authority and cogent argument “need not be addressed by this court”). Therefore, we conclude that Burks cannot demonstrate reversible plain error. Accordingly, we

ORDER the judgment of conviction AFFIRMED.