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Series

Criminal Procedure

Nevada Supreme Court Summaries

2006

Articles 1 - 19 of 19

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Summary Of Santana V. State, 122 Nev. Adv. Op. No. 121, Robert Stephens Dec 2006

Summary Of Santana V. State, 122 Nev. Adv. Op. No. 121, Robert Stephens

Nevada Supreme Court Summaries

Appeal from a conviction in the Eighth Judicial District Court of 19 counts of coercion resulting in five consecutive life sentences without the possibility of parole and fourteen concurrently running life sentences. Appellant argues that the jury instructions did not instruct the jury to apply the reasonable person test and therefore seeks a new trial.


Summary Of Johnson V. State, Nev. Adv. Op. No. 113, Jason Ray Dec 2006

Summary Of Johnson V. State, Nev. Adv. Op. No. 113, Jason Ray

Nevada Supreme Court Summaries

Appeal from a death sentence and conviction by jury of four counts of first degree murder with the use of a deadly weapon, among other crimes, after a death sentence entered by a three judge panel was appealed and vacated.


Summary Of Summers V. State, Nev. Adv. Op. No. 112, Jason Ray Dec 2006

Summary Of Summers V. State, Nev. Adv. Op. No. 112, Jason Ray

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, entered after jury verdict, for first-degree murder with the use of a deadly weapon, and assault with the use of a deadly weapon, attempted murder with the use of a deadly weapon, and assault with the use of a deadly weapon, and from sentences of life in prison without the possibility of parole.


Summary Of Thomas V. State, 122 Nev. Adv. Op. 114, 148 P.3d 727, James Robertson Dec 2006

Summary Of Thomas V. State, 122 Nev. Adv. Op. 114, 148 P.3d 727, James Robertson

Nevada Supreme Court Summaries

Appeal from a death sentence following a second penalty hearing conducted pursuant to a remand by the Nevada Supreme Court.


Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen Dec 2006

Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen

Nevada Supreme Court Summaries

Appeal from the denial of a post-conviction petition for a writ of habeas corpus in a criminal case.


Summary Of Rosas V. State, Nev. Adv. Op. No. 106, Sherry Moore Dec 2006

Summary Of Rosas V. State, Nev. Adv. Op. No. 106, Sherry Moore

Nevada Supreme Court Summaries

The district court convicted Appellant of committing battery upon an officer and rejected Appellant’s proffered jury instruction on the crime resisting a public officer, a lesser-included offense of battery upon an officer.s


Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu Dec 2006

Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu

Nevada Supreme Court Summaries

NRS 178.400, Nevada's standard for a defendant's competency to stand trial, conforms to the standard set out by the United States Supreme Court in Dusky v. United States.


Summary Of State V. Rincon, 122 Nev. Adv. Op. 99, Michelle L'Hommedieu Dec 2006

Summary Of State V. Rincon, 122 Nev. Adv. Op. 99, Michelle L'Hommedieu

Nevada Supreme Court Summaries

A motorist is driving below the speed limit is, by itself, insufficient to give rise to a reasonable suspicion of driving while intoxicated warranting an investigative stop. While reasonable suspicion is not a stringent standard, it requires more than a mere observation that a motorist is driving slowly. There must be additional indicia of erratic driving or unusual behavior before a reasonable suspicion arises justifying an investigative stop. Where no reasonable suspicion exists, an inquiry stop may nonetheless be justified under the community caretaking doctrine when a police officer has an objectively reasonable belief that a slow driver is in …


Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer Nov 2006

Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer

Nevada Supreme Court Summaries

Appeal from a conviction, by jury, of two counts of preventing or dissuading a person from testifying or producing evidence, one count of first-degree kidnapping, two counts of battery with intent to commit a crime, six counts of sexual assault of a minor under 14, two counts of coercion, and two counts of lewdness with a child under 14. The primary issue on appeal was the admissibility of evidence gathered while the Appellant was committed to a mental institution for the purpose of evaluating competency to stand trial.


Summary Of Stockmeier V. Psychological Review Panel, 122 Nev. Adv. Op. No. 50, Gregory A. Hubbard Jun 2006

Summary Of Stockmeier V. Psychological Review Panel, 122 Nev. Adv. Op. No. 50, Gregory A. Hubbard

Nevada Supreme Court Summaries

The Psychological Review Panel (“Psych Panel”) held a hearing to consider whether a prisoner serving consecutive sentences for sex offenses was a threat to society if he were released on parole. The Psych Panel decided not to certify the prisoner for release, partially based on new allegations made by the victim during the hearing. The prisoner filed a district court petition for a writ of mandamus, prohibition, or habeas corpus, challenging the Psych Panel’s actions. The district court denied and dismissed the petition. The Nevada Supreme Court held that the district court abused its discretion in denying and dismissing the …


Summary Of Mejia V. State, 122 Nev. Adv. Op. 43, David T. Gluth May 2006

Summary Of Mejia V. State, 122 Nev. Adv. Op. 43, David T. Gluth

Nevada Supreme Court Summaries

Defendant Mejia appealed a judgment of the Eighth Judicial District Court after a jury convicted him of one count of sexual assault against a minor under 14 years of age and seven counts of lewdness with a minor under 14 years of age. Mejia was sentenced to two concurrent terms of life imprisonment with the possibility of parole in ten years for each count of lewdness.


Summary Of Ford V. State Of Nevada, 122 Nev. Adv. Op. 36, Denise S. Balboni Apr 2006

Summary Of Ford V. State Of Nevada, 122 Nev. Adv. Op. 36, Denise S. Balboni

Nevada Supreme Court Summaries

Appeal from jury verdict in criminal trial on grounds that prosecutors impermissibly excluded jurors based on race in violation of Batson v. Kentucky.


Summary Of Stockmeier V. Nev. Dep’T. Of Corrections Psychological Review Panel, 124 Nev. Adv. Op. No. 30, Holly Ludwig Apr 2006

Summary Of Stockmeier V. Nev. Dep’T. Of Corrections Psychological Review Panel, 124 Nev. Adv. Op. No. 30, Holly Ludwig

Nevada Supreme Court Summaries

Appeal from district court’s grant of a 12(b)(5) motion to dismiss in favor of Defendant Psych Panel. District court held: (1) that Stockmeier lacked standing to assert violations of the open meeting law; (2) that prisoners cannot conduct the people’s business and therefore cannot assert open meeting law violations; and (3) that Psych Panel hearings qualify as quasi-judicial proceedings and are therefore exempt from the open meeting law.


Summary Of Barnhart V. State, 122 Nev. Adv. Op. 26, Robert Reid Mar 2006

Summary Of Barnhart V. State, 122 Nev. Adv. Op. 26, Robert Reid

Nevada Supreme Court Summaries

No abstract provided.


Summary Of State V. Sargent, 122 Nev. Adv. Op. 18, Michael Pandullo Feb 2006

Summary Of State V. Sargent, 122 Nev. Adv. Op. 18, Michael Pandullo

Nevada Supreme Court Summaries

The Court decided whether justice courts have jurisdiction to order a defendant to personally appear at a preliminary hearing when the defendant has filed a waiver of personal appearance and counsel has appeared on his behalf.


Summary Of Herman V. State, 122 Nev. Adv. Op. 17, Michael Pandullo Feb 2006

Summary Of Herman V. State, 122 Nev. Adv. Op. 17, Michael Pandullo

Nevada Supreme Court Summaries

In this case, the Court considered two issues: (1) whether DNA evidence voluntarily submitted to a public facility to absolve a defendant of a crime may be used in an unrelated criminal prosecution, and (2) whether reading a presentence report to a jury during the sentencing phase is error when the report cannot be made part of the public record.


Summary Of Redeker V. Dist. Ct., 122 Nev. Adv. Op. 14, Brandon P. Kemble Feb 2006

Summary Of Redeker V. Dist. Ct., 122 Nev. Adv. Op. 14, Brandon P. Kemble

Nevada Supreme Court Summaries

Arie R. Redeker, facing a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances that he was convicted of a felony involving the use or threat of violence to the person of another.


Summary Of Moore V. State, 122 Nev. Adv. Op. 4, Stephanie Hamrick Jan 2006

Summary Of Moore V. State, 122 Nev. Adv. Op. 4, Stephanie Hamrick

Nevada Supreme Court Summaries

Appellant Moore was convicted of fraudulent use of a credit card based on an incident that took place in a Las Vegas Wal-Mart. His suspicious behavior2 while shopping attracted the attention of a loss prevention specialist. The loss prevention specialist suspected Moore might attempt to purchase goods with a credit card, and instructed a cashier to contact management if Moore presented a credit card without proper identification. Moore brought over $300 worth of goods to the cashier’s register and presented a credit card. When Moore could not produce identification, the cashier summoned a manager who took the credit card to …


Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth Jan 2006

Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth

Nevada Supreme Court Summaries

In 2002, appellant, George, filed a writ of habeas corpus with the Nevada Supreme Court claiming he was deprived his right to appeal. The Nevada Supreme Court then discovered that defendant's original 1985 notice of appeal was never transmitted. The court directed the district court to transmit defendant's notice of appeal and appoint appellate counsel.