Solander (Janet) Vs. State

CourtNevada Supreme Court
DecidedJuly 1, 2020
Docket76228
StatusPublished

This text of Solander (Janet) Vs. State (Solander (Janet) Vs. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Solander (Janet) Vs. State, (Neb. 2020).

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JANET SOLANDER, No. 76228 Appellant, vs. THE STATE OF NEVADA, FILED Respondent.

ORDER OF AFFIRMANCE

This is an appeal from a judgment of conviction, pursuant to a jury verdict, of two counts of battery with intent to commit sexual assault; three counts of assault with use of a deadly weapon; five counts of child abuse, neglect or endangerment with substantial bodily harm; eleven counts of sexual assault of a minor under 14 years of age; and twenty-five counts of child abuse, neglect or endangerment. Eighth Judicial District Court, Clark County; Valerie Adair, Judge. The convictions stem from appellant Janet Solander's abuse of her adopted children—A.S. (2001), A.S. (2003), and A.S. (2004).1 Solander raises several issues on appeal.2

1Because all three victims have the same initials, we use their years of birth to distinguish them throughout the order.

2The State argues that Solander's briefing lacks citations to the record for many factual assertions, see NRAP 28(e)(1) (providing that "every assertion in briefs regarding matters in the record shall be supported by a reference to the page and volume number, if any, of the appendix"), and issues lacking such citations should not be considered. While we note that this dereliction made it unnecessarily difficult to resolve the claims raised on appeal, we have reviewed all of Solander's claims.

SUPREME COUFIT OF NEVADA

10) 1947A ealio - v43%; r4thilipq • !. e414107Wrir 7VP--N77,4411VregV7rrs:-.441:1"." A Sufficiency of the evidence Solander argues that the State failed to present sufficient evidence to support guilty verdicts for various counts. When reviewing the sufficiency of the evidence, we must determine "whether, after vie*ing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319 (1979); see also Origel-Candido v. State, 114 Nev. 378, 381, 956 P.2d 1378, 1380 (1998). Sexual assault of a minor under 14 and battery with intent to commit sexual assault Solander challenges her convictions of sexual assault of a minor under 14 years of age and battery with intent to commit sexual assault.3 Each victim testified that Solander inserted a catheter into her genital opening against her will. A.S. (2001) testified that Solander catheterized her at least twice, described the catheter, and provided details of Solander inserting the catheter into her genital opening. A.S. (2003) testified that Solander inserted a catheter into her genital opening, though Solander threatened her with catheterization many times. A.S. (2004) testified that

3To the extent Solander challenges the propriety of the sexual assault charges based on catheterization, we have already decided that issue. See State v. Solander (Solander I), Docket Nos. 67710 & 67711, at *9 (Order of Reversal and Remand, Apr. 19, 2016) (holding that the insertion of a catheter into an individual's urethra may constitute the crime of sexual assault where it was not "used for legitimate medical purposee); see also Hall v. State, 91 Nev. 314, 315, 535 P.2d 797, 798 (1975) (holding that issues previously decided by this court are barred by the doctrine of the law of the case).

2 Solander catheterized her at least seven times and described where the assaults occurred.4 A.S. (2004) also testified that when she resisted catheterization, Solander forcibly held her down. Further, the testimony from the victims and medical professionals showed the catheterization did not serve any legitimate medical purpose. While the victims testimony alone is sufficient to uphold Solander's sexual assault convictions, see LaPierre v. State, 108 Nev. 528, 531, 836 P.2d 56, 58 (1992) (providing that a victim's testimony alone is enough to support a conviction so long as it contains some particularity to provide reliable indicia that the number of charged acts occurred), other evidence corroborates that testimony. The State presented an email Solander sent to her husband with the subject line "300 cc's" with an attached photo of a catheter bag partially filled with a yellow liquid and a receipt for catheters, purchased by Solander's husband. Another child in Solander's care testified that Solander discussed catheter use. Solander's adult daughter, who lived in Solander's home with the victims, testified that catheters were present in the home, the victims discussed being catheterized, and she heard struggles in the bathroom. Considering all the evidence, we conclude a rational trier of fact could find the elements of sexual assault of a minor under 14 years of age and battery with intent to

4A.S. (2004) also testified that Solander inserted a paint stick into her genital opening. To the extent Solander challenges the sexual assault conviction based on that incident, we conclude sufficient evidence supports the jury's verdict. See Gaxiola v. State, 121 Nev. 638, 648, 119 P.3d 1225, 1232 (2005) (providing that a victim's uncorroborated testimony is sufficient to uphold a conviction).

;:• ;"••••• `7! • z.•; commit sexual assault beyond a reasonable doubt for each of Solander's convictions. See Bolden v. State, 97 Nev. 71, 73, 624 P.2d 20, 20 (1981) (a jury's verdict will not be disturbed on appeal where sufficient evidence supports its verdict); see also NRS 200.366; NRS 200.400.5 Child abuse, neglect or endangerment resulting in substantial bodily harm Solander next challenges her convictions for child abuse with substantial bodily harm by means of spanking the victims with a paint stick. Specifically, Solander contends that the State failed to prove the timing or source of the scarring on the victims buttocks and upper thighs and evidence showed the victims were abused previously by their biological family. However, "[w]here there is conflicting evidence it is the role of the trier of fact, not a court of errors, to resolve that conflict." Gatlin v. State, 96 Nev. 303, 304, 608 P.2d 1100, 1100 (1980). In this case, the victims' prior foster mother testified that the victims did not have any scarring on their buttocks or upper thighs when the girls were in her care. Solander's husband told a Clark County Department of Family Services (DFS) worker that the victims were disciplined by spanking with a paint stick. Each of the victims testified that they had been spanked with paint sticks with enough force to break their skin and cause bleeding. Other foster children in the home witnessed Solander beating the victims with paint sticks and rulers and saw bruising and scarring on the victims. Solander's adult daughter also testified to witnessing the spanking and resulting injuries. A

5The State filed criminal charges against Solander in 2014. To the

extent statutes cited herein have been subsequently amended, we cite the current versions because the amendments do not affect our disposition.

4 doctor testified that, during the physical examination of the victims after they were removed from Solander's home, she noted linear scarring on the buttocks and upper thigh area of the victims bodies.

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Bolden v. State
624 P.2d 20 (Nevada Supreme Court, 1981)
Hubbard v. State
920 P.2d 991 (Nevada Supreme Court, 1996)
Riggins v. State
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Allen v. State
665 P.2d 238 (Nevada Supreme Court, 1983)
Geary v. State
871 P.2d 927 (Nevada Supreme Court, 1994)
Hall v. State
535 P.2d 797 (Nevada Supreme Court, 1975)
Origel-Candido v. State
956 P.2d 1378 (Nevada Supreme Court, 1998)
Bushnell v. State
599 P.2d 1038 (Nevada Supreme Court, 1979)
LaPierre v. State
836 P.2d 56 (Nevada Supreme Court, 1992)
Maresca v. State
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State v. Taylor
701 A.2d 389 (Court of Appeals of Maryland, 1997)

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Solander (Janet) Vs. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solander-janet-vs-state-nev-2020.