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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.

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).

State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order granting a post-conviction petition for a writ of habeas corpus. Specifically, the Court considered whether the holding in Graham applies when an aggregate sentence imposed against a juvenile defender convicted of more than one nonhomicide offense is the equivalent of a life-without-parole sentence. The Court held that it does.

Newell V. State Of Nevada, 131 Nev. Adv. Op. 97 (December 24, 2015), Douglas H. Smith

Nevada Supreme Court Summaries

The holding of State v. Weddell is extended. Responding with deadly force to the commission of a felony per NRS § 200.160 is justified only when the person poses a threat of serious bodily injury. Short of such a threat, the amount of force used must be reasonable and necessary under the circumstances.

Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp

Nevada Supreme Court Summaries

The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.

Johnson V. State Of Nevada, 131 Nev. Adv. Op. 58, Joseph Meissner

Nevada Supreme Court Summaries

The Court heard an appeal from a sentence and conviction following a jury trial of one count of conspiracy to commit robbery, two counts of robbery, and one count of battery with intent to commit a crime. Affirmed.