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Full-Text Articles in Law
Anderson V. State, 135 Nev. Adv. Op. 56 (Nov. 27, 2019), Tayler Bingham
Anderson V. State, 135 Nev. Adv. Op. 56 (Nov. 27, 2019), Tayler Bingham
Nevada Supreme Court Summaries
The Court determined that (1) when the government relies on the forfeiture exception of the Confrontation Clause to introduce a witness’s out-of-court statements, the burden of proof the litigant must meet is that of preponderance of the evidence; and (2) that a trial court does not abuse its discretion in denying a motion to substitute counsel and thereby violate the Sixth Amendment right to counsel when the trial court holds a Young hearing for each motion and enough evidence indicates there is not a complete breakdown in the attorney-client relationship.
State V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 13 (Mar. 1, 2018) (En Banc), Connor Saphire
State V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 13 (Mar. 1, 2018) (En Banc), Connor Saphire
Nevada Supreme Court Summaries
The Court determined that when the State conducts a direct-examination of a witness during a preliminary hearing, and then the defendant waives his right to that preliminary hearing, the defendant is said to have had an “adequate opportunity” to confront that witness as long as adequate discovery was available.
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 …