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Criminal Law

Nevada Supreme Court Summaries

2009

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Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin Dec 2009

Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin

Nevada Supreme Court Summaries

Appeal from a judgment of conviction by jury of conspiracy to commit a crime, burglary, robbery, first-degree kidnapping, and attempted grand larceny auto.


Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom Dec 2009

Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom

Nevada Supreme Court Summaries

An appeal from an Eighth Judicial District Court judgment of conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.


Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky Nov 2009

Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky

Nevada Supreme Court Summaries

This case involved a writ of prohibition to determine if Defendant’s double jeopardy rights were violated when the district court ordered a mistrial and subsequent retrial as a “manifest necessity” based on potential jury bias because defense counsel impermissibly argued facts not in evidence.


Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney Oct 2009

Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney

Nevada Supreme Court Summaries

Appellant Douglas Mendoza-Lobos was convicted of one count each of burglary, robbery with the use of a deadly weapon, sexual assault with the use of a deadly weapon, attempted sexual assault with the use of a deadly weapon, assault with a deadly weapon, and battery with a deadly weapon. On appeal, Mendoza-Lobos argued that the district court failed to comply with NRS 193.165(1) in imposing the sentences for the deadly weapon enhancements because it failed to articulate sufficient findings on the record. As a preliminary matter, the Court addressed whether NRS 193.165(1) (1) violated the separation-of-powers doctrine and (2) required …


Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps Oct 2009

Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps

Nevada Supreme Court Summaries

Appeal from a judgment of conviction for second-degree murder, challenging the district court’s denial of Appellant’s motion to dismiss for pre-indictment delay and Appellant’s motion for certificate of materiality to obtain out-of-state mental health records.


Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi Sep 2009

Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi

Nevada Supreme Court Summaries

An appeal from a judgment of conviction in the Eighth Judicial District Court, pursuant to a jury verdict, of one count of open or gross lewdness, three counts of lewdness with a child under the age of fourteen, and six counts of visual representation depicting sexual conduct of a person under the age of sixteen.


Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway Jul 2009

Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon a jury verdict, of two counts of burglary while in possession of a deadly weapon, two counts of conspiracy to commit robbery, and four counts of robbery with use of a deadly weapon.


Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston Jul 2009

Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston

Nevada Supreme Court Summaries

Appeal from an order of the district court dismissing appellant’s post-conviction petition for a writ of habeas corpus in a death penalty case.


Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman Jun 2009

Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman

Nevada Supreme Court Summaries

Appellant Daniel Anthony Ramet was convicted of first-degree murder. On appeal, Ramet contended that the testimony concerning his refusal to consent to a search of his home, taken together with the prosecutor’s comment on it, was violative of his Fourth Amendment rights. The Court concluded that the district court erred in allowing testimony and argument regarding Ramet’s invocation of his Fourth Amendment right. However, they further concluded that the error in admitting the statements was harmless. The Court therefore affirmed Ramet’s conviction.Óÿ


Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe May 2009

Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe

Nevada Supreme Court Summaries

The Court took this opportunity to align Nevada’s standard for emergency home entries with the recent Supreme Court opinion in Brigham City v. Stuart.2 The Supreme Court held in that case that for a warrantless entry to be lawful there must be an objectively reasonable basis to believe that a party inside is in danger.3 Accepting this standard eliminates Nevada’s previous test, which allowed courts to look at the law enforcement agent’s lack of intent to arrest or search.


Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie Apr 2009

Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie

Nevada Supreme Court Summaries

Consolidated writs for mandamus challenging the district court’s denial of petitioners’ request for full and complete copies of competency examination reports prior to competency hearing.


Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld Apr 2009

Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

Petitioners filed writs of mandamus challenging the district court orders denying petitioners’ requests to present evidence during competency hearings.


Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis Mar 2009

Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz Jan 2009

Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz

Nevada Supreme Court Summaries

Consolidated petitions for writs of mandamus that challenged district court failures to consider applications pursuant to NRS 484.37941 on their merits.


Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson Jan 2009

Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson

Nevada Supreme Court Summaries

Original petition for a writ of mandamus challenging the district court’s decision to deny petitioner’s request to apply for treatment.