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Summary Of Johnson V. State, Christina H. Wang Jan 2004

Summary Of Johnson V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of uttering a forged instrument and one count of principal to commit uttering a forged instrument.


Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis Jan 2004

Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis

Nevada Supreme Court Summaries

Appeal from a conviction and sentence of death by jury trial in the Eighth Judicial District Court, State of Nevada, finding the Petitioner “guilty of burglary, robbery, first-degree kidnapping, and first degree murder, all committed with the assistance of a child.”


Summary Of Lara V. State, 120 Nev. Adv. Op. No. 20, Hilary Barrett Muckleroy Jan 2004

Summary Of Lara V. State, 120 Nev. Adv. Op. No. 20, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Appeal from a district court order denying a post-conviction petition for a write of habeas corpus.


Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal Jan 2004

Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal

Nevada Supreme Court Summaries

Appellant Robert McConnell murdered Brian Pierce in August 2002. The State of Nevada charged McConnell with first-degree murder and sought capital sentencing. The State alleged two theories: deliberate, premeditated murder and felony murder during the perpetration of a burglary. McConnell represented himself, pleaded guilty to first-degree murder, and presented a case in mitigation at his penalty hearing. The jury returned a sentence of death. Initially, McConnell moved to waive his appeal but eventually reconsidered and authorized counsel to fully brief all issues on appeal. Specifically, McConnell challenged the propriety of his penalty hearing and death sentence on various grounds. The …


Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis Jan 2004

Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis

Nevada Supreme Court Summaries

Appellant appealed his jury conviction of second-degree murder in the Second Judicial District Court. Appellant raised three issues on appeal. They were: (1) Whether the defendant waived his right to appeal the court’s ruling in limine that his prior felony conviction could be used for impeachment purposes when he introduced his convictions during direct examination. (2) Whether the proper “self-defense” jury instruction was provided to the jury, over the defendants proposed, but rejected, alternative jury instructions. (3) Whether expert testimony is admissible during the penalty phase, when the prospective expert has only generalized knowledge regarding the specifics of the case.


Summary Of Roberts V. State, Christina H. Wang Jan 2004

Summary Of Roberts V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of one count of possession of a controlled substance


Summary Of State V. Catanio, 120 Nev. Adv. Rep. 103, Christopher Carson Jan 2004

Summary Of State V. Catanio, 120 Nev. Adv. Rep. 103, Christopher Carson

Nevada Supreme Court Summaries

This case was an appeal by the State from a district court order dismissing charges of lewdness with a minor for failure to meet an essential element of the test laid out in NRS 201.230. Catanio worked as a teacher’s aide and volunteer track coach at a middle school in Reno, Nevada. During the fall of 2002, Catanio befriended three young boys and began giving them gifts on a daily basis. The gifts escalated from candy to more elaborate, personal and inappropriate objects including video game systems, air pistols, pornographic material and condoms. In December 2002, Catanio escalated the relationship …


Summary Of State V. Dist. Ct. (Romano), Christina Wang Jan 2004

Summary Of State V. Dist. Ct. (Romano), Christina Wang

Nevada Supreme Court Summaries

Real party in interest Robert Romano is charged in an indictment with four counts of sexual assault of a minor under fourteen years of age and ten counts of lewdness with a child under fourteen years of age. Romano and his girlfriend are the natural parents of the child victim, born May 5, 1997. In November 2002, the child allegedly told her mother that Romano had engaged in inappropriate activities with her. The mother contacted Nevada Child Protective Services and, at that agency’s request, took the child to Sunrise Hospital for evaluation. A pediatric emergency physician at Sunrise testified before …


Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke Jan 2004

Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s post-conviction petition for a writ of habeas corpus to consider whether the district court’s entry of an amended judgment of conviction provided good cause to extend the one-year limitation set forth in NEV. REV. STAT. 34.726(1) for filing a timely post-conviction petition for a writ of habeas corpus.


Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen Jan 2004

Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen

Nevada Supreme Court Summaries

This case was an appeal from a judgment of conviction, entered pursuant to a jury verdict of one count of burglary, one count of obtaining and using personal identification information of another, one count of fraudulent use of a credit or debit card, and eight counts of possession of a credit card without the cardholder’s consent.


Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison Jan 2004

Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison

Nevada Supreme Court Summaries

Petitioner Sam Walker filed a writ of mandamus with the Nevada Supreme Court to challenge a district court order which granted a motion by the State to unseal Walker’s criminal records. The State brought its motion pursuant to Nevada Revised Statute 179.295.


Summary Of Zabeti V. State, 120 Nev. Adv. Rep. 60, Z. Ryan Pahnke Jan 2004

Summary Of Zabeti V. State, 120 Nev. Adv. Rep. 60, Z. Ryan Pahnke

Nevada Supreme Court Summaries

After the Eighth Judicial District Court denied defendant’s motion to suppress evidence, he was convicted on a jury’s verdict of possession of a controlled substance. Defendant appealed.


Summary Of Martinez V. State, Scott Whittemore Jan 2004

Summary Of Martinez V. State, Scott Whittemore

Nevada Supreme Court Summaries

Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.


Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley Jan 2004

Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley

Nevada Supreme Court Summaries

Clyde Means was charged with one count of open or gross lewdness and three counts of sexual assault upon his nineteen year old son. At trial, the jury was empaneled but the district court conducted a hearing to determine the admissibility of Means’ prior bad acts. Because the district court ruled that the acts were admissible, Means, through his attorneys, negotiated a plea bargain. Means would plead guilty to one count of sexual assault in exchange for dismissal of the other charges. Means was informed that he would face two to twenty years in prison, fines, and be required to …


Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano Jan 2004

Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano

Nevada Supreme Court Summaries

Appellant Margaret Rudin (Rudin) married her husband, Ron, in September of 1987. In January of 1995, Ron’s remains were discovered at Lake Mohave, he apparently had been murdered. Shortly after the discovery of her husband’s body, Rudin boarded a plane to St. Louis, Missouri. On April 17, 1997, Rudin was indicted by the Clark County grand jury on three counts for (1) unauthorized surreptitious intrusion of privacy by listening device, (2) murder with the use of a deadly weapon and (3) accessory to murder. A warrant was then issued for her arrest. Rudin was subsequently apprehended in Massachusetts in November …


Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore Jan 2004

Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore

Nevada Supreme Court Summaries

Following her conviction for six counts of driving with prohibited substance in blood or urine, one count of use of controlled substance, and one count of possession of controlled substance, petitioner sought writ of habeas corpus.


Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young Dec 2003

Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court order granting in part and denying in part Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.


Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati Dec 2003

Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati

Nevada Supreme Court Summaries

Defendant appealed from a judgment of conviction for one count of burglary following a jury verdict. Defendant’s primary contention was that the district court erred in refusing his proffered jury instruction on the lesser crime of trespass.


Summary Of Camacho V. State, 119 Nev. Adv. Op. No. 47, Hilary Barrett Aug 2003

Summary Of Camacho V. State, 119 Nev. Adv. Op. No. 47, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a judgment of conviction and sentence entered after a guilty plea.


Summary Of State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep Jun 2003

Summary Of State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep

Nevada Supreme Court Summaries

Expedited appeal from an order of the Second Judicial District Court, State of Nevada, granting a motion to suppress evidence of narcotics obtained by searching defendant after arrest for two minor traffic violations.-flas


Summary Of Buchanan V. State, Akke Levin Jan 2003

Summary Of Buchanan V. State, Akke Levin

Nevada Supreme Court Summaries

Appeal from a judgment by the Second Judicial District Court of Washoe County, convicting Denise Dianna Buchanan of two counts of first-degree murder.


Summary Of Daniel V. State, Clarke Walton Jan 2003

Summary Of Daniel V. State, Clarke Walton

Nevada Supreme Court Summaries

Appellant, Donald M. Mosely, shot and killed Frederick Washington and Mark Payne. At the same time, Terhain Woods and Antione Hall were also shot by Mosely, but both survived. On July 28, 1997, Moseley was convicted in district court of firstdegree murder, attempted murder with use of a deadly weapon, and burglary while in possession of a firearm. During Mosely’s trial, a number of errors occurred, which brought rise to this appeal. Because of these cumulative errors, the Nevada Supreme Court reversed appellant’s conviction and remanded the case for a new trial. In analyzing the issues raised by appellant on …


Summary Of Salazar V. State, Rick Rawson Jan 2003

Summary Of Salazar V. State, Rick Rawson

Nevada Supreme Court Summaries

Appeal from district court judgment of conviction on one count of battery with use of a deadly weapon with substantial bodily harm, one count of battery with a deadly weapon, and one count of mayhem with use of a deadly weapon.


Summary Of Hathaway V. State, Melanie Koep Jan 2003

Summary Of Hathaway V. State, Melanie Koep

Nevada Supreme Court Summaries

Proper person appeal from an order of the Eighth Judicial District Court, Honorable John S. McGroarty, denying appellant’s post-conviction petition for writ of habeas corpus.


Summary Of Mack V. State, Kristen L. Gallagher Jan 2003

Summary Of Mack V. State, Kristen L. Gallagher

Nevada Supreme Court Summaries

A neighbor found Betty May murdered in her room at a boarding house. An autopsy determined that May died by strangulation and suffered a traumatic sexual penetration just prior to her death. Semen and blood samples were taken from May’s body and clothing at the time of her death, and after twelve years passed, a detective ordered DNA testing of the evidence. Defendant Daryl Linnie Mack was charged with the first-degree murder of Betty May. Law enforcement obtained a blood and saliva sample from Mack at two different times during the investigation. Both the semen and the blood stains matched …


Summary Of State V. Gameros-Perez, Mike Feliciano Jan 2003

Summary Of State V. Gameros-Perez, Mike Feliciano

Nevada Supreme Court Summaries

Jose Simon Gameros-Perez and Isidro Benitez-Medina, Respondents, were believed to be in possession of illegal narcotics and paraphernalia in their apartment. The Washoe County Sheriff telephonically applied for and obtained a warrant to search the respondents’ apartment pursuant to NRS 179.045(2). The magistrate issued the warrant based on sworn oral statements that were later transcribed. The warrant contained a statement that probable cause existed to believe the respondents were in possession of illegal narcotics and paraphernalia. It did not, however, contain an actual recitation of the probable cause for the search. Upon execution of the warrant, heroin was found in …


Summary Of West V. State, Amanda Yen Jan 2003

Summary Of West V. State, Amanda Yen

Nevada Supreme Court Summaries

On February 5, 2001, the general manager of Canyon Gate Mini Storage discovered the decomposing body of Christine Smith in the storage unit owned by Smith and her daughter, appellant Brookey Lee West. Smith’s body was sealed in a garbage can wrapped with duct tape, garbage bags and cellophane wrap. A white plastic bag, knotted at the back of her head, covered Smith’s nose and mouth. Upon searching West’s apartment, police discovered Smith’s bank statements. The police determined that there were numerous ATM withdrawals on Smith’s bank account after February 1998, when Smith was last seen alive. West was charged …