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Articles 31 - 60 of 341
Full-Text Articles in Law
About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon
About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon
Scholarly Works
This Article examines specialty courts, including drug, alcohol, and mental health courts, which proponents claim created a revolution in criminal justice. Defendants whose underlying crime is the result of a substance use disorder or a mental health disorder can choose to be diverted into a specialty court, where they receive treatment instead of punishment. Many of these individuals, however, do not just suffer from a substance use disorder or a mental health disorder; instead, many have a “co-occurring disorder.” Approximately 8.9 million American adults have co-occurring mental health and substance use disorders, and almost half of individuals who meet diagnostic …
Granada-Ruiz V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 57 (Aug. 2, 2018) (En Banc), Sara Schreiber
Granada-Ruiz V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 57 (Aug. 2, 2018) (En Banc), Sara Schreiber
Nevada Supreme Court Summaries
The Court concluded that double jeopardy did not prohibit the appellant’s retrial because he had implied consent to the district court’s declaration of a mistrial. Further, it held that the district court did not abuse its discretion in finding manifest necessity to declare a mistrial. Thus, the Court denied the appellant’s petition for a writ of mandamus that would direct the district court to grant his motion to dismiss and bar his re-prosecution.
Sayedzada V. State, 134 Nev. Adv. Op. 38 (May 24, 2018), Sara Schreiber
Sayedzada V. State, 134 Nev. Adv. Op. 38 (May 24, 2018), Sara Schreiber
Nevada Supreme Court Summaries
The Court held that a party waives the right challenge a juror’s presence on appeal when the argument is based on facts known during voir dire; the party consciously made the decision to not pursue, or abandoned, a challenge for cause; and the party accepted the juror’s presence on the jury. The Court then examined the issue of juror bias, and explained the differences between actual, implied, and inferable bias.
Moore V. State Of Nevada, 134 Nev. Adv. Op. 35 (May 17, 2018), Casey Lee
Moore V. State Of Nevada, 134 Nev. Adv. Op. 35 (May 17, 2018), Casey Lee
Nevada Supreme Court Summaries
No abstract provided.
Morgan Vs. State Of Nevada., 134 Nev. Adv. Op. 27 (May 3, 2018), Ronald Evans
Morgan Vs. State Of Nevada., 134 Nev. Adv. Op. 27 (May 3, 2018), Ronald Evans
Nevada Supreme Court Summaries
The Court determined that a defendant is not entitled to cross examine examiners who find him incompetent at a competency hearing where neither party subpoenaed the examiner to appear at said competency hearing. The Court further decided that the State’s failure to transport an incompetent Defendant to competency treatment within seven days of receiving a court order did not warrant the dismissal of charges against the Defendant. The Court also held that the District Court did not commit a structural error when Defendant moved to strike the jury venire. The Court went on to decide that Defendant was not entitled …
Making The Evil Less Necessary And The Necessary Less Evil: Towards A More Honest And Robust System Of Plea Bargaining, Steven P. Grossman
Making The Evil Less Necessary And The Necessary Less Evil: Towards A More Honest And Robust System Of Plea Bargaining, Steven P. Grossman
Nevada Law Journal
No abstract provided.
Bit By Bit: Breaking Down The Ninth Circuit's Frameworks For Jury Misconduct In The Digital Age, Jesse Gessin
Bit By Bit: Breaking Down The Ninth Circuit's Frameworks For Jury Misconduct In The Digital Age, Jesse Gessin
Nevada Law Journal
No abstract provided.
State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018), Sara Schreiber
State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018), Sara Schreiber
Nevada Supreme Court Summaries
Gregory Frank Allen Sample (“Sample”) was arrested for driving under the influence. He had failed a preliminary breath test (“PBT”). The results of the failed PBT were used to obtain a search warrant for an evidentiary blood draw. The district court suppressed the PBT results because it concluded that the results were obtained in violation of Sample’s Fourth Amendment rights. The district court also suppressed the evidentiary blood draw because it was the fruit of an illegal search. The Court held that the district court erred in invalidating the telephonic search warrant and that the evidentiary blood draw should not …
Jeremias V. State, 134 Nev. Adv. Op. 8 (Mar. 01, 2018), Maliq Kendricks
Jeremias V. State, 134 Nev. Adv. Op. 8 (Mar. 01, 2018), Maliq Kendricks
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that a judgment of conviction, pursuant to a jury verdict, of one count each of conspiracy to commit robbery and burglary while in possession of a deadly weapon and two counts each of robbery with the use of a deadly weapon and murder with the use of a deadly weapon, commands a death sentence.
State V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 13 (Mar. 1, 2018) (En Banc), Connor Saphire
State V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 13 (Mar. 1, 2018) (En Banc), Connor Saphire
Nevada Supreme Court Summaries
The Court determined that when the State conducts a direct-examination of a witness during a preliminary hearing, and then the defendant waives his right to that preliminary hearing, the defendant is said to have had an “adequate opportunity” to confront that witness as long as adequate discovery was available.
Petition For Writ Of Certiorari, Morrow V. Ford, Leslie C. Griffin, Marci A. Hamilton
Petition For Writ Of Certiorari, Morrow V. Ford, Leslie C. Griffin, Marci A. Hamilton
Supreme Court Briefs
No abstract provided.
Judicial Peremptory Challenges As Access Enhancers, Jeffrey W. Stempel
Judicial Peremptory Challenges As Access Enhancers, Jeffrey W. Stempel
Scholarly Works
Discussions regarding diminishing access to justice have centered on the high disputing costs, gradual contraction of substantive rights, and increasingly defendant-friendly procedure. The importance of the ideological, experiential, and jurisprudential orientation of the judges presiding over litigation at the trial level has received much less-and insufficient-attention. Because so much focus has been on federal appellate courts, commentators have largely overlooked a potentially powerful tool for improving access and promoting a fair airing of claims at the trial level: a litigant's automatic ability to transfer a case to a different judge as a matter of right to avoid judges who are …
Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf
Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf
Scholarly Works
This Article offers a practical three-part test for courts and law enforcement to utilize when faced with drone and privacy issues. Specifically addressing the question: how should courts analyze the Fourth Amendment’s protection against ‘unreasonable searches’ in the context of drones?
The Supreme Court’s Fourth Amendment jurisprudence produced an intricate framework to address issues arising out of the intersection of technology and privacy interests. In prominent decisions, including United States v. Katz, California v. Ciraolo, Kyllo v. United States, and most notably, United States v. Jones, the Court focused on whether the use of a single …
Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, M. Eve Hanan
Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, M. Eve Hanan
Scholarly Works
Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In this Essay, I consider whether Professor Benjamin Edwards' central argument in The Professional Prospectus: A Call for Effective Professional Disclosure '-that attorneys should provide potential clients with a prospectus disclosing their performance history-applies to criminal defense. I reject the proposition that most people charged with …
Remorse Bias, M. Eve Hanan
Remorse Bias, M. Eve Hanan
Scholarly Works
In this article, Professor M. Eve Hanan addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants' displays of remorse and how we can lessen the effects of that bias. Part I of this article introduces the main ideas to be discussed. Part II establishes the salience of remorse to punishment decisions and then demonstrates the ambiguity involved in assessing the sincerity of remorse. Part III examines existing research on implicit biases associating African Americans with criminality to consider whether judges are likely to view African American defendants' expressions of remorse as insincere and, thus, …
Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox
Brown V. Eighth Judicial Dist. Ct, 133 Nev. Adv. Op. 113 (December 28, 2017, Ebeth Rocio Palafox
Nevada Supreme Court Summaries
The Court clarified the definition of an indigent person and the demonstration of need sufficient required for an indigent person’s request for defense services. The Court additionally held that Widdis v. Second Judicial Dist. Court does not require an indigent defendant to request a sum certain before the consideration or granting of a motion for defense services at public expense.
Doe V. State Ex Rel. Legislature Of The 77th Session, 133 Nev. Adv. Op. 93 (Dec. 7, 2017), Shady Sirsy
Doe V. State Ex Rel. Legislature Of The 77th Session, 133 Nev. Adv. Op. 93 (Dec. 7, 2017), Shady Sirsy
Nevada Supreme Court Summaries
The Nevada Supreme Court held that (1) a medical marijuana registry in Nevada does not encroach upon a medical marijuana user’s fundamental right; (2) the registry is rationally related to legitimate state interests beneficial to the public; and (3) the registry does not implicate a registrant’s right against self-incrimination.
Collins V. State, 133 Nev. Adv. Op. 88 (Nov. 22, 2017), Casey Lee
Collins V. State, 133 Nev. Adv. Op. 88 (Nov. 22, 2017), Casey Lee
Nevada Supreme Court Summaries
The court determined that (1) the district court may constitutionally remove a criminal defendant from the courtroom for disrupting courtroom procedure, (2) a defendant does not have the right to appear at trial in shackles, (3) testimony about a detective’s investigation leading to the defendant’s arrest is not opinion about the defendant’s guilt, (4) the district court may decide not to instruct a jury on a lesser-included offense if no evidence on the record establishes an element of that offense, and (5) a specific cause of death is not required to find that a person’s death was caused by criminal …
Farmer V. State, 133 Nev. Adv. Op. 86 (Nov. 16, 2017), Maliq Kendricks
Farmer V. State, 133 Nev. Adv. Op. 86 (Nov. 16, 2017), Maliq Kendricks
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that (1) Under NRS 173.115(2), separate offenses may be joined against a defendant when they are committed as parts of a common scheme where the defendant’s separate crimes share features idiosyncratic in character; and (2) under NRS 174.165(1), joinder is proper in situations where a defendant commits similar offenses in separate instances.
City Of Las Vegas V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 82 (Nov. 16, 2017), Jocelyn Murphy
City Of Las Vegas V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 82 (Nov. 16, 2017), Jocelyn Murphy
Nevada Supreme Court Summaries
(1) The Court held the district court’s order was “contrary to the evidence” because the record was not sufficient to determine that any unpreserved issues were “plain” error. (2) The court also determined that NRS 50.155(1) does not presently bar witnesses from communicating outside of the courtroom about topics other than witness testimony when the witness exclusion rule is in effect.
Sweat V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 76 (October 5, 2017), Shannon Zahm
Sweat V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 76 (October 5, 2017), Shannon Zahm
Nevada Supreme Court Summaries
The Double Jeopardy Clause does not protect a defendant from prosecution of any original charges when the defendant accepts a plea agreement for a lesser-included offense and then fails to comply with all the terms of the agreement. The Court ultimately determined that a defendant waives his double jeopardy rights when he pleads guilty and fails to comply with the remaining terms of the agreement.
Williams V. State Dep’T Of Corr., 133 Nev. Adv. Op. 75 (Oct. 5, 2017), Xheni Ristani
Williams V. State Dep’T Of Corr., 133 Nev. Adv. Op. 75 (Oct. 5, 2017), Xheni Ristani
Nevada Supreme Court Summaries
The Nevada Supreme Court considered whether an offender must serve the minimum term of his or her sentence before any credits earned pursuant to the Credits statute apply to eligibility for parole. The Court disagreed with this argument and held that credits earned can factor-in for parole eligibility if the offender was sentenced under a state that requires a minimum term but does not explicitly mention parole eligibility.
Johnson V. State, 133 Nev. Adv. Op. 73 (Oct. 5, 2017) (En Banc), Ebeth Rocio Palafox
Johnson V. State, 133 Nev. Adv. Op. 73 (Oct. 5, 2017) (En Banc), Ebeth Rocio Palafox
Nevada Supreme Court Summaries
When the Court reverses a death sentence on direct appeal and remands for a new penalty hearing, there is no longer a final judgment that triggers the one-year period set forth in NRS 34.726(1) for filing a post-conviction petition for a writ of habeas corpus.
Thomas V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 63 (Sept. 14, 2017), Sara Schreiber
Thomas V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 63 (Sept. 14, 2017), Sara Schreiber
Nevada Supreme Court Summaries
When a defendant requests and is granted a mistrial, jeopardy will attach if a prosecutor’s conduct is so egregious that it results in prejudice to the defendant that cannot be remedied by anything short of a mistrial.
Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman
Not From A Wicked Heart: Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick, Debra Lieberman
Nevada Law Journal
No abstract provided.
Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens
Unshackling The Sixth Amendment: How Federalism Frees Our Constitutional Hostages Of The War On Drugs, Christopher Giddens
Nevada Law Journal
No abstract provided.
Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna
Juvenile False Confessions: Juvenile Psychology, Police Interrogation Tactics, And Prosecutorial Discretion, Marco Luna
Nevada Law Journal
No abstract provided.
Jeffries V. State, 133 Nev. Adv. Op. 47 (July 6, 2017), Hayley Cummings
Jeffries V. State, 133 Nev. Adv. Op. 47 (July 6, 2017), Hayley Cummings
Nevada Supreme Court Summaries
In denying appellant’s motion for a mistrial, the Court held that (1) to prove prosecutorial misconduct, an appellant must show that a prosecutor’s statements resulted in a denial of due process; and (2) to prove juror misconduct, an appellant must show that misconduct occurred and that the misconduct was prejudicial. The Court also clarified Bowman v. State’s applicability by stating that when juror misconduct occurs before the verdict, and defense counsel is aware of the misconduct, it is defense counsel’s responsibility to request an investigation regarding prejudice. Finally, the Court defined the scope of Gonzalez v. State by stating …
Brioady V. State, 133 Nev. Adv. Op. 41 (Jun. 29, 2017), Maegun Mooso
Brioady V. State, 133 Nev. Adv. Op. 41 (Jun. 29, 2017), Maegun Mooso
Nevada Supreme Court Summaries
The Court determined that (1) Appellant’s motion for a new trial complied with the provisions of NRS 176.515(3); and (2) that the district court abused its discretion in denying Appellant’s motion for a new trial based on juror misconduct when it relied on the belief of the Juror who had withheld information during voir dire that she could remain impartial.
Pimentel V. State, 133 Nev. Adv. Op. 31 (June 22, 2017), Ping Chang
Pimentel V. State, 133 Nev. Adv. Op. 31 (June 22, 2017), Ping Chang
Nevada Supreme Court Summaries
The Court determined that (1) the challenge-to-fight theory under NRS 200.450 is not vague and overbroad, (2) all bench conferences must be recorded in criminal trials, (3) self-defense is not available as a defense in a violation of NRS 200.450, and (4) an expert witness cannot impeach defendant’s testimony with statements defendant made during court-ordered psychiatric evaluation.