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Criminal Law

Nevada Supreme Court Summaries

Burglary

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State V. Merlino, 131 Nev. Adv. Op. No. 65 (Sept. 10, 2015), Brittany L. Shipp Sep 2015

State V. Merlino, 131 Nev. Adv. Op. No. 65 (Sept. 10, 2015), Brittany L. Shipp

Nevada Supreme Court Summaries

The issue before the Court was whether selling stolen property through a retractable sliding tray on a pawn shop’s drive-through window satisfied the element of unlawful entry of a building as defined in the burglary statute. The Court held that when the outer boundary of a building is not self-evident from the shape and contours of the structure itself, courts must apply California’s “reasonable belief” test which legally defines the outer boundary to include, “any element that encloses an area into which a reasonable person would believe that a member of the general public could not pass without authorization.”


Summary Of State V. White, 130 Nev. Adv. Op. 56, Michael Bowman Jul 2014

Summary Of State V. White, 130 Nev. Adv. Op. 56, Michael Bowman

Nevada Supreme Court Summaries

The Court determined whether a person could burglarize his or her own home.