A pretrial hearing is coming this week after a 2015 drug distribution case in Lyon County.
Justin Neighbors will be in the County Courthouse at 9 am Friday after a Court of Appeals ruling this past March to reverse his convictions and vacate his sentence.
Prosecutors had charged Neighbors with single counts of methamphetamine distribution, meth possession and paraphernalia possession in May 2015. A jury convicted Neighbors of meth distribution and possession but acquitted him of paraphernalia possession. Neighbors appealed, claiming several prosecutor errors — including improperly vouching for witness credibility, misstating the law during closing arguments and arguing facts not admitted as evidence.
In a 2-1 vote, the Court of Appeals panel agreed with Neighbors, saying two points of prosecutor error were enough to undermine the court’s confidence in the trial outcome. Judge Michael Buser dissented, saying the claim of reversible error was undercut when defense counsel failed to object during the trial or move for mistrial. Buser also said prosecutor statements about authorities watching the drug sale in question was taken out of context by the majority, and he said court precedent on prosecutors vouching for witness credibility didn’t apply fully in this case.
