Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

Summary Of Toston V. State, 127 Nev. Adv. Op. 87, Kendra Kisling Dec 2011

Summary Of Toston V. State, 127 Nev. Adv. Op. 87, Kendra Kisling

Nevada Supreme Court Summaries

The Court considered an appeal of a district court order denying a writ of habeas corpus.


Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 88, Amanda Ireland Dec 2011

Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 88, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court denial of a petition for a writ of habeas corpus, with consideration of the scope and applicability of Graham v. Florida to a term-of-years sentence.


Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman Dec 2011

Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman

Nevada Supreme Court Summaries

The Court considered the State’s petition for a writ of mandamus challenging the district court’s exclusion of blood alcohol test results obtained by retrograde extrapolation from the prosecution of defendant for driving under the influence.


Summary Of Nunnery V. State, 127 Nev. Adv. Op. 69, Sabrina Dolson Oct 2011

Summary Of Nunnery V. State, 127 Nev. Adv. Op. 69, Sabrina Dolson

Nevada Supreme Court Summaries

The Court considers an appeal of a death penalty sentence for a first-degree murder conviction.


Summary Of Wilson V. State, 127 Nev. Adv. Op. 68, Aaron K. Haar Oct 2011

Summary Of Wilson V. State, 127 Nev. Adv. Op. 68, Aaron K. Haar

Nevada Supreme Court Summaries

The Court considered an appeal from the district court’s dismissal of Petitioner’s third state petition for writ of habeas corpus in light of McConnell v. State.


Summary Of Stephans V. State, 127 Nev. Adv. Op. 65, Emily Navasca Oct 2011

Summary Of Stephans V. State, 127 Nev. Adv. Op. 65, Emily Navasca

Nevada Supreme Court Summaries

The Court considered an appeal of a grand larceny conviction, based on witness testimony used to prove the value of the stolen goods.


Summary Of Ford V. State, 127 Nev. Adv. Op. No. 55, Alan R. Smith Sep 2011

Summary Of Ford V. State, 127 Nev. Adv. Op. No. 55, Alan R. Smith

Nevada Supreme Court Summaries

Appeal from a district court judgment of conviction, by way of a jury verdict, for pandering of prostitution.


Summary Of State V. Hughes, 127 Nev. Adv. Op. 56, Brandon Sendall Sep 2011

Summary Of State V. Hughes, 127 Nev. Adv. Op. 56, Brandon Sendall

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a production of child pornography charge, based on the conclusion that NRS 200.710 is unconstitutionally vague.


Summary Of Adam V. State, 127 Nev. Adv. Op. No. 54, Matthew Vantusko Sep 2011

Summary Of Adam V. State, 127 Nev. Adv. Op. No. 54, Matthew Vantusko

Nevada Supreme Court Summaries

An appeal from a judgment of conviction, pursuant to a jury verdict, for trafficking in a controlled substance.


Summary Of Cortes V. State, 127 Nev. Adv. Op. No. 44, Sean W. Mcdonald Jul 2011

Summary Of Cortes V. State, 127 Nev. Adv. Op. No. 44, Sean W. Mcdonald

Nevada Supreme Court Summaries

Appeal from conviction of possession of a controlled substance with intent to sell.


Summary Of Rose V. State, 127 Nev. Adv. Op. No. 43, Michael Li Jul 2011

Summary Of Rose V. State, 127 Nev. Adv. Op. No. 43, Michael Li

Nevada Supreme Court Summaries

An appeal of a second-degree murder conviction by jury verdict.


Summary Of Winkle V. Warden, 127 Nev. Adv. Op. No. 42, Tim Mott Jul 2011

Summary Of Winkle V. Warden, 127 Nev. Adv. Op. No. 42, Tim Mott

Nevada Supreme Court Summaries

Petitioner sought a writ of mandamus directing Respondents to release her to the 305 program based on the language of NRS 209.427 and 209.429.


Summary Of Saletta V. State, 127 Nev. Adv. Op. No. 34, Erin Elliot Jul 2011

Summary Of Saletta V. State, 127 Nev. Adv. Op. No. 34, Erin Elliot

Nevada Supreme Court Summaries

Appeal from a judgment of conviction by a criminal defendant convicted of indecent or obscene exposure.


Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 25, Sean W. Mcdonald Jun 2011

Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 25, Sean W. Mcdonald

Nevada Supreme Court Summaries

Appeal from judgment of conviction, pursuant to jury verdict, of driving under the influence of a controlled substance on grounds certain evidence was inadmissible.


Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum May 2011

Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum

Nevada Supreme Court Summaries

An appeal from a district court order clarifying a judgment granting a writ of mandamus, and a proper person appeal from a district court order granting a motion to dismiss


Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell May 2011

Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell

Nevada Supreme Court Summaries

An appeal from a judgment of conviction, by way of jury verdict, for battery and injury to other property.


Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth May 2011

Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth

Nevada Supreme Court Summaries

A proper person appeal and counsel cross-appeal to have factual statements in a presentence investigation report (PSI) corrected after a prisoner’s sentencing.


Improving The Odds: Changing The Perception Of Problem Gambling And Supporting The Growth Of Problem Gambling Courts, Amaia Guenaga Apr 2011

Improving The Odds: Changing The Perception Of Problem Gambling And Supporting The Growth Of Problem Gambling Courts, Amaia Guenaga

UNLV Gaming Law Journal

This Note will examine what problem gambling is and demonstrate the parallels between problem gambling and substance abuse. The Note will then explore the development and expansion of problem-solving courts for substance abuse and mental health and explore the pros and cons of problem gambling courts, in the end offering support for the further creation and development of problem gambling courts.


Summary Of State V. Lucero, 127 Nev. Adv. Op. No. 7, Brian Blaylock Mar 2011

Summary Of State V. Lucero, 127 Nev. Adv. Op. No. 7, Brian Blaylock

Nevada Supreme Court Summaries

An appeal of the Second Judicial District Court’s denial of the State’s motion to correct a reduced sentence imposed upon revocation of probation.


Summary Of Lamb V. State, 127 Nev. Adv. Op. No. 3, Erin Elliot Mar 2011

Summary Of Lamb V. State, 127 Nev. Adv. Op. No. 3, Erin Elliot

Nevada Supreme Court Summaries

Appeal from a judgment of conviction by a criminal defendant convicted of first-degree murder and sentenced to life in prison.


Summary Of Dieudonne V. State, 126 Nev. Adv. Op. No. 1, Charles Gianelloni Jan 2011

Summary Of Dieudonne V. State, 126 Nev. Adv. Op. No. 1, Charles Gianelloni

Nevada Supreme Court Summaries

Appeal from a criminal defendant claiming an absolute right to be sentenced by the same judge who accepted his plea deal. Defendant also objects to victim impact statements that were given at his sentencing trial, but were not properly sworn.


Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper Jan 2011

Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.


Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum Jan 2011

Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum

Scholarly Works

Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …


Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser Jan 2011

Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser

Scholarly Works

In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …