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Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker Dec 2012

Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker

Nevada Supreme Court Summaries

The Court considered the State’s motion to reconsider and other various motions regarding the sealing of the ex parte motion to substitute counsel. It further deliberated whether documents and records could be filed under seal in a pending criminal case before the Court. In addition, the Court also addressed the requirements and procedures for sealing such documents and records.


Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin Dec 2012

Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin

Nevada Supreme Court Summaries

The Court considered the State’s appeal from a district court order granting the defendant’s motion to withdraw her guilty plea and to dismiss the criminal case under Nevada’s prosecutorial immunity statutes, NRS 178.572 and NRS 178.574.


Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead Dec 2012

Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead

Nevada Supreme Court Summaries

Appeals from district court judgments of conviction based on similar questions regarding double jeopardy and redundancy. The Court considered whether a criminal defendant who is charged with both attempted murder and battery or aggravated battery through a single act can be so charged, or whether such a charge constitutes double jeopardy, or violates Nevada’s common law redundancy theory.


Summary Of Goudge V. State, 128 Nev. Adv. Op. 52, Joseph Sakai Oct 2012

Summary Of Goudge V. State, 128 Nev. Adv. Op. 52, Joseph Sakai

Nevada Supreme Court Summaries

An appeal addressing a district court’s discretion when deciding a petition for release from a special sentence of lifetime supervision under NRS 176.0931(3) and whether the district court has the discretion to deny the release if the requirements in the statute have been met.


Summary Of Sherriff V. Andrews, 128 Nev. Adv. Op. 51, Robert Stewart Oct 2012

Summary Of Sherriff V. Andrews, 128 Nev. Adv. Op. 51, Robert Stewart

Nevada Supreme Court Summaries

In an appeal from a district court order granting a pretrial petition for a writ of habeas corpus and dismissing a charge for possession of an item commonly used to escape, the Court determined whether NRS 212.093(1) encompasses a prohibition on cell phones.


Summary Of State V. Javier C., 128 Nev. Adv. Op. 50, Sarah Stephan Oct 2012

Summary Of State V. Javier C., 128 Nev. Adv. Op. 50, Sarah Stephan

Nevada Supreme Court Summaries

An appeal from a district court order dismissing a category B felony charge of battery under NRS 200.481(2)(f), finding the statute’s definition of “prisoner” was not meant to include juvenile defendants committed to a detention center for delinquency.


Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel Oct 2012

Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel

Nevada Law Journal

No abstract provided.


New Police Surveillance Technologies And The Good-Faith Exception: Warrantless Gps Tracker Evidence After United States V. Jones, Caleb Mason Oct 2012

New Police Surveillance Technologies And The Good-Faith Exception: Warrantless Gps Tracker Evidence After United States V. Jones, Caleb Mason

Nevada Law Journal

No abstract provided.


Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca Jul 2012

Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca

Nevada Supreme Court Summaries

The Court considered an appeal from a district court’s order transferring a juvenile case to justice court for adult criminal proceedings pursuant to NRS 62B.335.


Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland Jul 2012

Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court order granting writ of mandamus directing the justice court to dismiss a criminal complaint for lack of jurisdiction.


Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee Jun 2012

Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee

Nevada Law Journal

No abstract provided.


Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson May 2012

Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson

Nevada Supreme Court Summaries

The Court grants an en banc reconsideration of an appeal from an order dismissing a post-conviction petition for writ of habeas corpus.


Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19, Richard A. Andrews Apr 2012

Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from the district court’s grant of relief of an untimely petition for a writ of habeas corpus from a conviction based on a guilty plea.


Summary Of Rodriguez V. Nevada, 128 Nev. Adv. Op. 14, Rami Hernandez Apr 2012

Summary Of Rodriguez V. Nevada, 128 Nev. Adv. Op. 14, Rami Hernandez

Nevada Supreme Court Summaries

An appeal from a district court criminal conviction, pursuant to a jury verdict, on evidentiary grounds.


Summary Of Maestas V. State, 128 Nev. Adv. Op. No. 12, Richard A. Andrews Mar 2012

Summary Of Maestas V. State, 128 Nev. Adv. Op. No. 12, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered consolidated appeals from a first-degree murder conviction and an order denying a motion for new trial in a death penalty case.


Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper Jan 2012

Post-Racialism And Searches Incident To Arrest, Frank Rudy Cooper

Scholarly Works

For 28 years the Court held that an officer's search incident to arrest powers automatically extended to the entire passenger compartment of a vehicle. In 2009, however, the Arizona v. Gant decision held that officers do not get to search a vehicle incident to arrest unless they satisfy (1) the Chimel v. California Court's requirement that the suspect has access to weapons or evanescent evidence therein or (2) the United States v. Rabinowitz Court's requirement that the officer reasonably believe evidence of the crime of arrest will be found therein. While many scholars read Gant as a triumph for civil …