DARWYN ROSS YOWELL v. THE STATE OF NEVADA (2023)

ORDER OF AFFIRMANCE

Darwyn Ross Yowell appeals from a judgment of conviction entered pursuant to a jury verdict of two counts of battery by a prisoner who is in lawful custody or confinement. Fourth Judicial District Court, Elko County; Mason E. Simons, Judge.

Yowell argues the district court abused its discretion by refusing to give his proposed jury instruction on self-defense. He claims the district court instead gave instructions that were duplicative and did not fully inform the jury of the State's burden to prove Yowell did not act in self-defense beyond a reasonable doubt. “District courts have broad discretion to settle jury instructions.” Cortinas v. State, 124 Nev. 1013, 1019, 195 P.3d 315, 319 (2008). We “review a district court's refusal to give a jury instruction for an abuse of discretion or judicial error.” Nay v. State, 123 Nev. 326, 330, 167 P.3d 430, 433 (2007).

Yowell does not cogently argue how the instructions given by the district court were duplicative. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987) (explaining that this court need not consider an appellant s argument that is not cogently argued or lacks the support of relevant authority). And his proposed instruction was substantially covered by other instructions addressing a person's ability to defend himself or his property, the State's burden regarding a claim of self-defense, and that a person acting in justifiable self-defense must be found not guilty of battery. Therefore, we conclude the district court did not abuse its discretion by refusing to give Yowell's proposed instruction. See Vallery v. State, 118 Nev. 357, 372, 46 P.3d 66, 77 (2002) (stating the district court may refuse a jury instruction that is “substantially covered by other instructions”). Accordingly, we

ORDER the judgment of conviction AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.