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Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani Nov 2008

Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani

Nevada Supreme Court Summaries

Cumulative effect of prosecutorial misconduct and the abuse of discretion on the part of the district court through a failure to give the jury a written bifurcation instruction and the resultant effect of juror misconduct warrants reversal warranted reversal of a first-degree murder and attempted murder conviction.


Summary Of State V. Harte, 124 Nev. Adv. Op. No. 82, Ian Houston Oct 2008

Summary Of State V. Harte, 124 Nev. Adv. Op. No. 82, Ian Houston

Nevada Supreme Court Summaries

Appeal from a district court order partially granting a post-conviction petition for a writ of habeas corpus in a death penalty case.


Summary Of Hernandez V. State, 124 Nev. Adv. Op. 83, Julian R. Gregory Oct 2008

Summary Of Hernandez V. State, 124 Nev. Adv. Op. 83, Julian R. Gregory

Nevada Supreme Court Summaries

Appeal from a district court order denying Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.


Summary Of Rubio V. State, 124 Nev. Adv. Op. No. 87, Holly Cheong Oct 2008

Summary Of Rubio V. State, 124 Nev. Adv. Op. No. 87, Holly Cheong

Nevada Supreme Court Summaries

Appeal from a district court order denying relief for ineffective assistance in a criminal case resulting in deportation.


Summary Of Davidson V. State, 124 Nev. Adv. Op. 76, Moorea Katz Oct 2008

Summary Of Davidson V. State, 124 Nev. Adv. Op. 76, Moorea Katz

Nevada Supreme Court Summaries

Appeal from a criminal conviction of two counts of burglary, two counts of robbery, two counts of battery, and adjudication as a habitual criminal.


Summary Of Knipes V State, 124 Nev. Adv. Op. No. 79, Miranda Mahe Oct 2008

Summary Of Knipes V State, 124 Nev. Adv. Op. No. 79, Miranda Mahe

Nevada Supreme Court Summaries

Appeal from a conviction of driving under the influence causing death on the basis that the district court failed to follow the procedural safeguards for juror questioning.


Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen Sep 2008

Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen

Nevada Supreme Court Summaries

Donald Mitchell appeals his second-degree murder conviction. Mitchell argues that the district court trial contained five procedural errors, the most significant being a violation of his Fifth Amendment right against self-incrimination.


Summary Of Chartier V. State, 124 Nev. Adv. Op. No. 66, Kelly Stout Sep 2008

Summary Of Chartier V. State, 124 Nev. Adv. Op. No. 66, Kelly Stout

Nevada Supreme Court Summaries

This case is an appeal from a jury conviction in district court on one count of conspiracy to commit murder and two counts of first-degree murder with the use of a deadly weapon.


Summary Of Fergusen V. State, 124 Nev. Adv. Op. No. 69, Tara Zimmerman Sep 2008

Summary Of Fergusen V. State, 124 Nev. Adv. Op. No. 69, Tara Zimmerman

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon jury verdict, of one count each of burglary, sexual assault, robbery, and first-degree kidnapping.


Summary Of Picetti V. State, 124 Nev. Adv. Op. No. 68, Kristopher Zeppenfeld Sep 2008

Summary Of Picetti V. State, 124 Nev. Adv. Op. No. 68, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

This appeal arises from a judgment of conviction, pursuant to a guilty plea, of one count of driving under the influence (DUI), which is his third offense within 7 years, a class B felony. Paul Thomas Picetti (“Picetti”) contends that the district court erred by denying his motion to suppress his prior DUI convictions. Moreover, he claims the district court erroneously refused to allow him an opportunity to apply for a treatment program established in NRS 484.379412 for third offense DUI offenders.


Summary Of Browning V. State Of Nevada, 124 Nev. Adv. Op. Citation 50, Philip Erwin Jul 2008

Summary Of Browning V. State Of Nevada, 124 Nev. Adv. Op. Citation 50, Philip Erwin

Nevada Supreme Court Summaries

This is an appeal from a sentence of death after remand for a new penalty hearing.


Summary Of Hill V. State, 124 Nev., Advance 52, Meredith Holmes Jul 2008

Summary Of Hill V. State, 124 Nev., Advance 52, Meredith Holmes

Nevada Supreme Court Summaries

Defendant-Appellant argued that the district court improperly denied his motion to dismiss the grand jury indictment and pretrial petition for writ of habeas corpus based on the State’s failure to report grand jury bias.


Summary Of State V. Dist. Ct. (Pullin), 124 Nev. Adv. Op. No. 54, Katie Maw Jul 2008

Summary Of State V. Dist. Ct. (Pullin), 124 Nev. Adv. Op. No. 54, Katie Maw

Nevada Supreme Court Summaries

This case came to the Court on a petition for a writ of mandamus challenging a district court’s order sentencing the real party in interest pursuant to NRS 193.165 amendments, which were made affective after the crimes in question were committed.


Summary Of Diomampo V. State Of Nevada, 124 Nev. Adv. Op. No. 41, Tyler James Watson Jun 2008

Summary Of Diomampo V. State Of Nevada, 124 Nev. Adv. Op. No. 41, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon jury verdict, of one count of mid-level trafficking in a controlled substance.


Summary Of Haney V. State Of Nevada, 124 Nev. Adv. Op. No. 40, Tyler James Watson Jun 2008

Summary Of Haney V. State Of Nevada, 124 Nev. Adv. Op. No. 40, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s motion to correct an illegal sentence.


Summary Of Hidalgo V. District Court, 124 Nev. Adv. Op. 33, Barbra E. Zess May 2008

Summary Of Hidalgo V. District Court, 124 Nev. Adv. Op. 33, Barbra E. Zess

Nevada Supreme Court Summaries

Petitioner Luis Hidalgo III, awaiting a capital murder trial, successfully made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another” as required by NRS 200.033(2)(b). Although the court found the other aggravating circumstance, murder to receive money, to be in violation of SCR 250(4)(c) requirements, the court decided to allow the State amend its notice of intent to seek the death penalty to cure the deficiency.


Summary Of Mclellan V. State, 124 Nev. Adv. Op. No. 25, Tyler Ure May 2008

Summary Of Mclellan V. State, 124 Nev. Adv. Op. No. 25, Tyler Ure

Nevada Supreme Court Summaries

Appellant appeals conviction on 22 counts of sexual assault of a minor under 14 years of age and 20 counts of lewdness with a child under 14 years of age. Appellant argues the district court should not have entered telephone conversation recorded in California into evidence. Appellant also argues that evidence regarding uncharged acts should not have been admitted.


Summary Of Brooks V. State Of Nevada, 124 Nev. Adv. Op. Citation 19, Nevada Law Journal Apr 2008

Summary Of Brooks V. State Of Nevada, 124 Nev. Adv. Op. Citation 19, Nevada Law Journal

Nevada Supreme Court Summaries

This is an appeal from a judgment of conviction of conspiracy to commit robbery and robbery with the use of a deadly weapon


Summary Of State V. Lewis, 124 Nev. Adv. Op. No. 13, Holly Ludwig Mar 2008

Summary Of State V. Lewis, 124 Nev. Adv. Op. No. 13, Holly Ludwig

Nevada Supreme Court Summaries

State appealed a district court order granting Defendant’s presentence motion to withdraw his guilty plea. The Nevada Supreme Court granted certiorari to determine whether granting a presentence motion to withdraw a guilty plea is independently appealable.


Summary Of Dozier V. State, 124 Nev. Adv. Op. No. 12, Alissa Macomber Mar 2008

Summary Of Dozier V. State, 124 Nev. Adv. Op. No. 12, Alissa Macomber

Nevada Supreme Court Summaries

Appeal from the district court’s denial of a post-conviction petition for writ of habeas corpus.


Summary Of Grey V. State, 124 Nev. Adv. Op. No. 11, Katie Maw Mar 2008

Summary Of Grey V. State, 124 Nev. Adv. Op. No. 11, Katie Maw

Nevada Supreme Court Summaries

Appeal from a judgment of conviction pursuant to a jury verdict.


Summary Of Hooks V. State, 124 Nev. Adv. Op. No. 50 , Nevada Law Journal Feb 2008

Summary Of Hooks V. State, 124 Nev. Adv. Op. No. 50 , Nevada Law Journal

Nevada Supreme Court Summaries

No abstract provided.


The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii Jan 2008

The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Scholarly Works

This Article offers a critique of Nevada's Harnisch cases and calls for the Nevada Supreme Court to reconsider its ruling. The authors begin by examining the historical development of the automobile exception, beginning with Carroll v. United States. There the Supreme Court reasoned that both probable cause and the exigency of the mobility of automobiles justified a search without a warrant. But almost seventy-five years later, in Maryland v. Dyson, the Court clarified its conclusion that the automobile exception has no separate exigency requirement. In turn, the authors will then examine Nevada's application of the automobile exception prior to 1998's …


A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya Jan 2008

A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya

Scholarly Works

This policy brief is intended to serve as a resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country.


In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse Jan 2008

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse

Scholarly Works

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …