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Nevada V. Inzunza, 135 Nev. Adv. Op. 69 (Dec. 26, 2019), Christopher Gonzalez
Nevada V. Inzunza, 135 Nev. Adv. Op. 69 (Dec. 26, 2019), Christopher Gonzalez
Nevada Supreme Court Summaries
The Court affirmed a pretrial motion to dismiss of an indictment after it determined that the State failed to rebut the presumption of prejudice after an analysis under the Barker-Doggett factors. The Court afforded “the only possible remedy” after it was found that a 26 month delay resulted from the State’s gross negligence and the delay was prejudicial to Inzunza.
Anderson V. State, 135 Nev. Adv. Op. 56 (Nov. 27, 2019), Tayler Bingham
Anderson V. State, 135 Nev. Adv. Op. 56 (Nov. 27, 2019), Tayler Bingham
Nevada Supreme Court Summaries
The Court determined that (1) when the government relies on the forfeiture exception of the Confrontation Clause to introduce a witness’s out-of-court statements, the burden of proof the litigant must meet is that of preponderance of the evidence; and (2) that a trial court does not abuse its discretion in denying a motion to substitute counsel and thereby violate the Sixth Amendment right to counsel when the trial court holds a Young hearing for each motion and enough evidence indicates there is not a complete breakdown in the attorney-client relationship.