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Articles 1 - 30 of 34
Full-Text Articles in Law
Leavitt V. State, 132 Nev. Adv. Op. 83 (Dec. 29, 2016) (Per Curiam), Brent Resh
Leavitt V. State, 132 Nev. Adv. Op. 83 (Dec. 29, 2016) (Per Curiam), Brent Resh
Nevada Supreme Court Summaries
The Court expressly repudiated the Ninth Circuit’s interpretation of Nevada law in Riley v. McDaniel and therefore found that Riley cannot serve as the basis for an argument that good cause exists to overcome a procedural default in filing a petition for a writ of habeas corpus.
Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto
Mayo V. Eigh. Jud, Dist. Ct., 123 Nev. Adv. Op. 79 (Nov. 23, 2016), Alex Velto
Nevada Supreme Court Summaries
The Court found that the district court did not err when it found no violation of NRS 172.145(2). The Court interpreted NRS 172.145(2), which creates a duty on district attorneys to submit evidence to a grand jury if they are “aware” it will “explain away the charge.” The Court determined that a district attorney must be “aware” evidence has exculpatory value before there is a duty to present the evidence to a grand jury. The district attorney is not obligated to present exculpatory evidence it possesses but does not recognize as exculpatory. In the case at issue, because the district …
Sindelar V. State, 132 Nev. Adv. Op. 68 (Sept. 29, 2016), Skyler Sullivan
Sindelar V. State, 132 Nev. Adv. Op. 68 (Sept. 29, 2016), Skyler Sullivan
Nevada Supreme Court Summaries
In Nevada, if a person is convicted three times within seven years for driving under the influence (DUI), the third conviction is a category B felony.2 The Court held that a felony DUI conviction in Utah, which occurs upon a person’s third DUI conviction within ten years, can be included as a past conviction in a later DUI offense in Nevada to make the offense a category B felony under NRS 484.410 because the conduct required to violate the Utah law is “the same or similar” as that required to violate the Nevada law.
Manning V. State, 132 Nev. Adv. Op. 67 (September 15, 2016), Andrew Clark
Manning V. State, 132 Nev. Adv. Op. 67 (September 15, 2016), Andrew Clark
Nevada Supreme Court Summaries
A request for a jury instruction on a lesser-included offense is sufficient if there is any evidence the defendant can be convicted of the lesser crime. Failure to give such an instruction is reversible error. Further, although NRS 175.161(6) allows district courts to settle jury instructions in chambers, district courts should solicit written copies of proposed jury instructions to ensure a clear record on appeal.
Washington V. State, 132 Nev. Adv. Op. 65 (Aug. 12, 2016), Elise Conlin
Washington V. State, 132 Nev. Adv. Op. 65 (Aug. 12, 2016), Elise Conlin
Nevada Supreme Court Summaries
The Court determined that 1) multiple convictions under NRS 202.285(1) are not redundant because the word discharges illustrates the legislature’s intent to separately punish each violation of the statute; 2) the State sufficiently proved beyond a reasonable doubt to the jury the charges against Washington; and 3) using the term “unnamed coconspirator” is allowed in a conspiracy charge and the identity of the unnamed does not need to be proven in order to charge other.
Mcnamara V. State, 132 Nev. Adv. Op. 60 (August 12, 2016), Annie Avery
Mcnamara V. State, 132 Nev. Adv. Op. 60 (August 12, 2016), Annie Avery
Nevada Supreme Court Summaries
The Court determined that (1) the state of Nevada has territorial jurisdiction under NRS 171.020 when a defendant has criminal intent and he or she performs any act in this state in furtherance of that criminal intent; (2) territorial jurisdiction is a question of law for the court, not a question of fact for the jury; (3) the State bears the burden of proving territorial jurisdiction by a preponderance of the evidence; and (4) omitting a lesser offense on a jury form is not a reversible error where the jury is properly instructed on the lesser offense.
State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang
State V. Eighth Jud. Dist. Ct. (Schneider), 132 Nev. Adv. Op. 59 (Aug. 12, 2016), Ping Chang
Nevada Supreme Court Summaries
The Court held that the district court abused its discretion when overturning a misdemeanor driving under the influence conviction by failing to consider the state’s evidence of the defendant’s guilt.
Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz
Mary Lou Cornella V. Churchill County, Et Al., 132 Nev. Adv. Op. 58 (August 12, 2016), Stephanie Glantz
Nevada Supreme Court Summaries
No abstract provided.
Martinez-Hernandez V. The State Of Nevada, 132 Nev. Adv. Op. 61 (Aug. 12, 2016), Angela Lee
Martinez-Hernandez V. The State Of Nevada, 132 Nev. Adv. Op. 61 (Aug. 12, 2016), Angela Lee
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that (1) if collateral consequences of a criminal conviction exist, a post-conviction petition for a writ of habeas corpus challenging the validity of a judgment of conviction, filed while imprisoned, is not moot once the petitioner is released, and (2) a criminal conviction creates a presumption that collateral consequences exist.
Steve Dell Mcneill V. The State Of Nevada, 132 Nev. Adv. Op. 54 (July 28, 2016), Adrian Viesca
Steve Dell Mcneill V. The State Of Nevada, 132 Nev. Adv. Op. 54 (July 28, 2016), Adrian Viesca
Nevada Supreme Court Summaries
The Supreme Court determined that the plain language of NRS 213.1243 does not grant the State Board of Parole Commissioners authority to impose additional conditions not enumerated in the statute when supervising sex offenders on lifetime supervision.
Blankenship V. State, 132 Nev. Ad. Op 50 (Jul. 21, 2016), Heather Armantrout
Blankenship V. State, 132 Nev. Ad. Op 50 (Jul. 21, 2016), Heather Armantrout
Nevada Supreme Court Summaries
The Court considered whether scoring errors in criminal defendants’ Probation Success Probability (PSP) forms constituted “impalpable or highly suspect evidence,” thereby adversely influencing the Division of Parole and Probation’s (the Division) sentencing recommendations. The Court affirmed one criminal defendant’s judgment of conviction (Docket No. 66118), but it vacated his sentence and remanded for a new sentencing hearing. It held that the district court abused its discretion and that defendant’s sentence was prejudiced because the district court relied on an erroneous PSP form in reaching its sentencing decision. It affirmed the judgment of conviction and sentence of another criminal defendant (Docket …
Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan
Castaneda V. State Of Nevada, 132 Nev. Adv. Op. 44 (June 16, 2016), Chelsea Finnegan
Nevada Supreme Court Summaries
Appellant was convicted of 15 counts of child pornography under NRS 200.730. Appellant contested 14 of the 15 charges, arguing that his possession of 15 images of child pornography constituted only one violation. The Court agreed and determined that prosecuting each image or depiction of child pornography as a separate charge under NRS 200.730 is not what the legislature intended. The statute should not be read to charge each “possession” as one violation. The Court reversed 14 of the charges.
Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller
Taming The Wild West: Using Unsecured Bail Bonds In Nevada's Pretrial-Release Program, Hayley E. Miller
Nevada Law Journal
No abstract provided.
State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad
State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad
Nevada Supreme Court Summaries
Defendant Deangelo Carroll appealed from a conviction for conspiracy to commit murder and first-degree murder with use of a deadly weapon. The Supreme Court of Nevada found the district court erred in denying Carroll’s motion to suppress his statements to police because the police subjected Carroll to a custodial interrogation, without advising him of his Miranda rights. The Court affirmed however, finding the error harmless beyond a reasonable doubt.
Blowing The Whistle On Nightclub Illegality To The Nevada Gaming Control Board And Nevada's Common Law Protections, Robert Loftus
Blowing The Whistle On Nightclub Illegality To The Nevada Gaming Control Board And Nevada's Common Law Protections, Robert Loftus
UNLV Gaming Law Journal
No abstract provided.
Unlikely Consequences: How Medical Marijuana Is Affecting Nevada's Gaming Industry, Haley N. Lewis
Unlikely Consequences: How Medical Marijuana Is Affecting Nevada's Gaming Industry, Haley N. Lewis
UNLV Gaming Law Journal
No abstract provided.
To The "Status Quo" And Beyond: The Possible Unintended Consequence Of The "Restoration Of America's Wire Act", Elijah James Hayon Tredup
To The "Status Quo" And Beyond: The Possible Unintended Consequence Of The "Restoration Of America's Wire Act", Elijah James Hayon Tredup
UNLV Gaming Law Journal
No abstract provided.
State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow
State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow
Nevada Supreme Court Summaries
After a jury trial, Defendant was convicted of two counts of first-degree murder with the use of a deadly weapon, one count of conspiracy to commit murder, and related crimes. Defendant was sentenced to death of each murder. The district court denied Defendant’s motion to suppress statements he made in two interviews with police after his initial appearance before a magistrate. The Supreme Court reversed, holding (1) the district court did not err in denying Defendant’s motion to suppress, as his Sixth Amendment right to counsel attached at his initial appearance before the magistrate, but Defendant waived his right to …
Phong T. Vu V. Second Jud. Dist. Ct. Of Nev., 123 Nev. Adv. Op. 21 (Mar. 31, 2016), Chelsea Finnegan
Phong T. Vu V. Second Jud. Dist. Ct. Of Nev., 123 Nev. Adv. Op. 21 (Mar. 31, 2016), Chelsea Finnegan
Nevada Supreme Court Summaries
Under NRS 433A.310(1)(b), a district court may issue an order of involuntary admittance to a mental health facility if there is clear and convincing evidence that the person is likely to harm himself or others. Here, the Court held that (1) a district court is not required to wait 30 days for a final order under NRS 433A.310(1)(b) before transmitting an involuntary admission to the proper agency, and (2) based on sufficient evidence, the district court properly concluded the petitioner should be admitted to a mental health facility.
Rippo V. State, 132 Nev. Adv. Op. 11 (Feb. 25, 2016), Kristian Kaskla
Rippo V. State, 132 Nev. Adv. Op. 11 (Feb. 25, 2016), Kristian Kaskla
Nevada Supreme Court Summaries
Rippo’s claim, that the ineffective assistance of the counsel who represented him in the first post conviction hearing excused the procedural bars to claims raised in the second petition, was rejected. The Court provided guidance on two issues related to whether an ineffective-assistance-of-postconviction-counsel claim has been raised in a timely fashion: (1) when does a postconviction-counsel claim reasonably become available, and (2) what is a reasonable time thereafter in which the claim must be asserted. They held on (1) that the factual basis for such a claim is not reasonably available until the conclusion of postconviction proceedings in which the …
Quisano V. State, 132 Nev. Adv. Op. 9 (February 18, 2016), Michael Hua
Quisano V. State, 132 Nev. Adv. Op. 9 (February 18, 2016), Michael Hua
Nevada Supreme Court Summaries
This court affirmed an appeal from a judgment of conviction, pursuant to an Alford plea, of voluntary manslaughter and child abuse, neglect, or endangerment with substantial bodily harm holding:
(1) Brady violations do not occur when the evidence in question is not favorable to the defendant;
(2) Prosecutors have a strict duty to disclose under their own open-file policy until sentencing proceedings; and,
(3) Media outlets require a written by the district court to electronically cover proceedings unless nonconstitutional or harmless error results in such coverage.
Kelley V. State, 132 Nev. Adv. Op. 32 (Apr. 28, 2016), Mackenzie Warren
Kelley V. State, 132 Nev. Adv. Op. 32 (Apr. 28, 2016), Mackenzie Warren
Nevada Supreme Court Summaries
The Court determined (1) the charge of misdemeanor reckless driving, NRS § 484B.653(1)(a) is a lesser included offense of felony eluding a police officer, NRS 484B.550(3)(b) and thus, (2) the appellant may not be punished for both crimes because the Double Jeopardy Clause prohibits such conviction.
Harte V. State, 132 Nev., Adv. Op. 40 (June 2, 2016), Brandonn Grossman
Harte V. State, 132 Nev., Adv. Op. 40 (June 2, 2016), Brandonn Grossman
Nevada Supreme Court Summaries
The Court reaffirmed Flanagan v State, holding that the district court has discretion to admit evidence of a codefendant’s sentence in penalty hearings and affirming the district court’s sentence in the matter.
Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen
Review Of Alaska Mental Health Statutes, Sara Gordon, Melissa Piasecki, Gil Kahn, Dawn Nielsen
Scholarly Works
This report identifies key statutory provisions that we recommend be amended, a description of our findings based on interviews with stakeholders, legislative history of the Alaska statutes, reviews of national best practices and, where applicable, information about emerging areas in national mental health law for Alaska to consider in creating new law. Our recommendations are based in large part on significant advances in law and medicine in the understanding and treatment of mental illness that have occurred in the years since Alaska last made significant and substantive reforms to its criminal and civil mental health statutes. It is important to …
Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney Cross
Reentering Survivors: Invisible At The Intersection Of The Criminal Legal System And The Domestic Violence Movement, Courtney Cross
Scholarly Works
Like all returning citizens, women coming home after incarceration face significant challenges to successful reentry. In addition to the collateral consequences of their criminal convictions, reentering women also encounter uniquely gendered obstacles. This Article explores one such obstacle: the relationship between women's reentry and domestic violence. Women on probation or parole who are also experiencing domestic violence too often fall into a blind spot in which the structure of community supervision pressures them to remain in unsafe homes and also punishes them when the abuse they endure interferes with their ability to comply with the conditions of their release. Because …
Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles, David S. Tanenhaus
Juvenile Justice In Global Perspective: From Chicago To Shanghai And Back To First Principles, David S. Tanenhaus
Scholarly Works
No abstract provided.
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Untangling The Web: Juvenile Justice In Indian Country, Addie C. Rolnick
Scholarly Works
The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a …
From Victims To Litigants, Elizabeth L. Macdowell
From Victims To Litigants, Elizabeth L. Macdowell
Scholarly Works
This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental organizations implicates advocacy and access to justice for domestic violence survivors. The primary finding is that self-help programs may inadvertently work to curtail, rather than expand, advocacy resources. Furthermore, problems identified with self-help service delivery and negative impacts on advocacy systems may be explained by the structure of work within self-help programs and the nature of partnerships to provide self-help services. The Author uncovers previously unseen impacts of self-help programs on survivors …
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Locked Up: Fear, Racism, Prison Economics, And The Incarceration Of Native Youth, Addie C. Rolnick
Scholarly Works
Native youth are disproportionately incarcerated, often for relatively minor offenses. One potential solution is to move more Native youth out of federal and state courts and invest in tribal juvenile justice systems. Tribal systems are assumed to be less punitive than nontribal ones, so greater tribal control should mean less incarceration. Little is known, however, about the role of incarceration in tribally run systems. This article examines available information on Native youth in tribal juvenile justice systems from 1998 to 2013. At least sixteen new secure juvenile facilities were built to house youth under tribal court jurisdiction, with federal investment …
Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger
Alternative Conceptions Of Legal Rhetoric: Open Hand, Closed Fist, Linda L. Berger
Scholarly Works
An open-handed image of rhetoric presents an argument against the closed fist of logic and the “nasty, brutish, and short” depictions associated with legal rhetoric. In 1985, Robert Cover laid bare the field of pain and death where legal interpretation plays itself out in human consequences. Five years later, Gerald Wetlaufer described a landscape of brutal certainty as the backdrop for much of legal rhetoric. And the arena of criminal trials has long been recognizable as a bleak setting within which “[j]ustice determines blame and administers pain in a contest between the offender and the state . . .”
My …