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- Criminal Procedure (3)
- Appeal (2)
- CRIMINAL PROCEDURE (2)
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- AND SELF INCRIMINATION IN MEDICAL MARIJUANA REGISTRIES (1)
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- COMPUTATION OF TIME SERVED (1)
- CONSTITUTIONAL & CRIMINAL LAW: DOUBLE JEOPARDY (1)
- CONSTITUTIONAL LAW: DUE PROCESS (1)
- CRIMINAL APPEAL (1)
- CRIMINAL: WRIT OF MANDAMUS (1)
- Challenge to Fight (1)
- Confrontation Clause (1)
- DOUBLE JEOPARDY CLAUSE (1)
- Death Penalty (1)
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- Dual Conviction (1)
- EQUAL PROTECTION (1)
- Exclusionary Rule (1)
- Expert Witness (1)
- FOR CAUSE CHALLENGE (1)
- JUROR MISCONDUCT (1)
- Joinder (1)
- Juror (1)
- Kidnapping (1)
- MOTION FOR NEW TRIAL (1)
- Mens Rea (1)
- Miranda (1)
- Misconduct (1)
- Murder (1)
- NRS 34.750 (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
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.
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.
City Of Henderson V. Amado, 133 Nev. Adv. Op. 36 (June 22, 2017), Andrew Clark
City Of Henderson V. Amado, 133 Nev. Adv. Op. 36 (June 22, 2017), Andrew Clark
Nevada Supreme Court Summaries
After a prosecutor voluntarily dismisses a criminal case, NRS § 174.085(5)(b) allows that prosecutor to file an amended complaint in the original case with the original case number. Further, a district court acts arbitrarily and capriciously when it requires the prosecutor to file a new complaint with a new case number following voluntary dismissal.
Stewart V. State, 133 Nev. Adv. Op. 20 (May 4, 2017), Margarita Elias
Stewart V. State, 133 Nev. Adv. Op. 20 (May 4, 2017), Margarita Elias
Nevada Supreme Court Summaries
Before his interrogation, Tommy Laquade Stewart (“Stewart”) was given LVMPD’s Miranda warning pursuant to Miranda v. Arizona.[1] Stewart then agreed to speak with detectives without an attorney. He was subsequently charged and convicted of kidnapping and robbery. On appeal, Stewart argued that there was insufficient evidence to support the convictions and that the Miranda warning was legally insufficient. The Court disagreed and affirmed the district court’s judgment of conviction.
[1] 384 U.S. 436 (1966).
Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski
Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski
Nevada Supreme Court Summaries
The Court determined that NRS 30.130, which concerns the Attorney General’s right to be notified and an opportunity to be heard in constitutional challenges to Nevada statutes, does not apply to criminal proceedings. Instead, NRS 30.130 only refers to a proceeding for declaratory relief, which is treated as a civil action.
Renteria-Novoa (Guillermo) V. State, 133 Nev. Adv. Op. 11 (March 30, 2017), Briana Martinez
Renteria-Novoa (Guillermo) V. State, 133 Nev. Adv. Op. 11 (March 30, 2017), Briana Martinez
Nevada Supreme Court Summaries
The district court abused its discretion in declining to appoint postonviction counsel to appellant. Appointment of counsel under NRS § 34.750(1) is not necessarily dependent upon whether a pro se petitioner raised claims that have merit or warrant an evidentiary hearing. Language barriers may deprive appellants of a meaningful opportunity to present his or her claims, and should therefore be taken into consideration.