Cooney (Linda) v. State ( 2013 )

 in district court. Cooney fears that by defending herself against
misdemeanor battery she will incriminate herself in a separate proceeding
for felony stalking. Of course, nothing prevents Cooney from making the
opposite argument that by defending herself against felony stalking she
will incriminate herself in a subsequent proceeding for misdemeanor
battery, thus requiring the district court to also continue the proceeding
for felony stalking. Even if we were to grant Cooney's request to overrule
our decision in State v. Kopp, 118 Nev. 199, 204, 43 P.3d 340, 343 (2002), 2
and allow her to join the misdemeanor battery and felony stalking charges
in a single proceeding before the district court, Cooney would be in no
better position. She would still have to decide whether to defend herself
against one charge and risk incriminating herself with respect to the
other. Cooney has not convinced us that her dilemma deprives her of her
constitutional right to testify. Cf. Williams v. Florida, 399 U.S. 78, 83-84
(1970) ("That the defendant faces such a dilemma demanding a choice
between complete silence and presenting a defense has never been
thought an invasion of the privilege against compelled self-
incrimination."); see also United States v. Hung Thien Ly, 646 F.3d 1307,
1314-15 (11th Cir. 2011) ("[T]he right to testify is a right to choose
between the competing rights of testifying and remaining silent."). And
because Cooney presented no binding case law requiring the justice court
to grant Cooney's request for a continuance, thereby solving her dilemma,
2We note that Cooney makes this argument for the first time on
appeal. "This court will not consider issues raised for the first time on
appeal." State v. Wade, 105 Nev. 206, 209 n.3, 772 P.2d 1291, 1293 n.3
(1989).
SUPREME COURT
OF
NEVADA
2
(0) 1947A
we conclude that the district court did not abuse its discretion by denying
Cooney's petition, and we
ORDER the judgment of the district court AFFIRMED. 3
J.
Hardesty
po
Parraguirre
cc: Hon. Valerie Adair, District Judge
Las Vegas Defense Group, LLC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
3 Pursuantto NRAP 34(f)(1), we have determined that oral argument
is not warranted in this appeal.
3