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Summary Of Clancy V. State, 129 Nev. Adv. Op. 89, Jim Hoffman Nov 2013

Summary Of Clancy V. State, 129 Nev. Adv. Op. 89, Jim Hoffman

Nevada Supreme Court Summaries

A three-judge panel of the Court considered three questions: (1) whether NRS 484E.010-030 require actual knowledge that an accident has occurred, or whether constructive knowledge is sufficient; (2) whether the definition of “involved in an accident” in the same statute is unconstitutionally vague or ambiguous; and (3) whether the evidence in this case was sufficient to support the guilty verdict handed down in the lower court.


Summary Of Clay V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 91, Joseph Peacock Nov 2013

Summary Of Clay V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 91, Joseph Peacock

Nevada Supreme Court Summaries

The Court determined one issue: whether NRS 62H.170(2)(c) or NRS 62H.170(3) permits the State to inspect a defendant’s sealed juvenile record to obtain information for use against that defendant in a subsequent criminal prosecution.


Summary Of Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek Nov 2013

Summary Of Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether the prosecution’s use of a PowerPoint slide during opening statement with the defendant’s booking photo and the word “guilty” superimposed across the photo was improper advocacy and undermined the defendant’s presumption of innocence.


Summary Of State V. Lloyd, 129 Nev. Adv. Op. 79, Jim Hoffman Oct 2013

Summary Of State V. Lloyd, 129 Nev. Adv. Op. 79, Jim Hoffman

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order granting the defendant’s motion to suppress evidence based on a warrantless automobile search. The Court considers one issue: whether Article I, Section 18 of the Nevada Constitution imposes an exigency requirement on officers conducting warrantless vehicle searches, or whether officers need only have probable cause.


Summary Of In Re Steven Daniel P., 129 Nev. Adv. Op. 73, Geordan G. Logan Oct 2013

Summary Of In Re Steven Daniel P., 129 Nev. Adv. Op. 73, Geordan G. Logan

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether the juvenile court has authority under NRS 62C.230(1)(a) to dismiss a delinquency petition and refer a juvenile for informal supervision pursuant to NRS 62C.200 without the written approval of the district attorney; and (2) whether the juvenile court's discretion in overseeing a juvenile matter is limited by the authority granted under the Nevada Revised Statutes.


Summary Of Paley V. Second Judicial District Court, 129 Nev. Adv. Op. 74, Alexandria K. Mendonca Oct 2013

Summary Of Paley V. Second Judicial District Court, 129 Nev. Adv. Op. 74, Alexandria K. Mendonca

Nevada Supreme Court Summaries

The Court determined whether it should consider petitioner’s writ of mandamus against a direct contempt order under an exception to the mootness doctrine.


Summary Of State V. Greene, 129 Nev. Adv. Op. No. 58, Brittnie Watkins Aug 2013

Summary Of State V. Greene, 129 Nev. Adv. Op. No. 58, Brittnie Watkins

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting respondent’s post-conviction petition for a writ of habeas corpus.


Summary Of Armenta-Carpio V. State, 129 Nev. Adv. Op. No. 54, Drew Wheaton Jul 2013

Summary Of Armenta-Carpio V. State, 129 Nev. Adv. Op. No. 54, Drew Wheaton

Nevada Supreme Court Summaries

The Court considered whether a concession-of-guilt strategy is equivalent to a guilty plea, thus requiring the district court to canvass a defendant to determine whether he knowingly and voluntarily consented to the concession of guilt.


Summary Of State V. Robles-Nieves, 129 Nev. Adv. Op. No. 55, Sean Africk Jul 2013

Summary Of State V. Robles-Nieves, 129 Nev. Adv. Op. No. 55, Sean Africk

Nevada Supreme Court Summaries

The Court considered the appropriate factors for evaluating a motion for the stay of a criminal proceeding pending the resolution of an interlocutory appeal from an order granting a motion to suppress evidence.


Summary Of Brass V. State, 129 Nev. Adv. Op. 53, Katelyn J. Cantu Jul 2013

Summary Of Brass V. State, 129 Nev. Adv. Op. 53, Katelyn J. Cantu

Nevada Supreme Court Summaries

The Court considered whether an attorney may file a substantive motion on a deceased client's behalf in a criminal case when a personal representative has not been substituted as a party to the appeal.


Summary Of Clay V. Eighth Judicial District Court, 129 Nev. Adv. Op. 48, Katelyn Franklin Jul 2013

Summary Of Clay V. Eighth Judicial District Court, 129 Nev. Adv. Op. 48, Katelyn Franklin

Nevada Supreme Court Summaries

The Court considered a petition for a writ of mandamus challenging an order from the district court denying a pretrial petition for a writ of habeas corpus. The question before the Court was whether a district attorney violates NRS 172.095(2) when he or she seeks an indictment for child abuse or neglect under NRS 200.508(1),2 based on nonaccidental physical injury, but fails to inform the grand jurors of the definition of “physical injury.”


Summary Of State V. Beckman, 129 Nev. Adv. Op. 51, Daniel Nubel Jul 2013

Summary Of State V. Beckman, 129 Nev. Adv. Op. 51, Daniel Nubel

Nevada Supreme Court Summaries

Appeal from a district court order granting a motion to suppress evidence. The Court clarified the government’s ability to subject citizens to drug sniffing dogs in the absence of reasonable suspicion.


Summary Of Carter V. State, 129 Nev. Adv. Op. 26, Brittany Puzey Apr 2013

Summary Of Carter V. State, 129 Nev. Adv. Op. 26, Brittany Puzey

Nevada Supreme Court Summaries

Whether a suspect who asks, “Can I get an attorney?” after he has been advised of his rights under Miranda , unambiguously invokes his right to counsel, and if so, whether the State can resume the interrogation of the suspect by reading him a second set of Miranda warnings and obtaining an otherwise valid waiver.


Summary Of Slaatte V. State, 129 Nev. Adv. Op. 23, David H. Rigdon Apr 2013

Summary Of Slaatte V. State, 129 Nev. Adv. Op. 23, David H. Rigdon

Nevada Supreme Court Summaries

An appeal from a judgment of conviction that imposed restitution in an uncertain amount. Slaatte argued that Nevada law requires that a district court set a fixed amount of restitution when it determines that restitution is appropriate as part of a sentence.


Conference Bibliography: Juvenile Justice 1999-2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Apr 2013

Conference Bibliography: Juvenile Justice 1999-2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Juvenile Justice Conference

A selected bibliography was prepared in connection with the Juvenile Justice Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on April 12-13, 2013.


Summary Of Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22, Michael Esposito Apr 2013

Summary Of Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22, Michael Esposito

Nevada Supreme Court Summaries

This is an original writ of mandamus challenging the ruling of the Eight Judicial District Court of Nevada denying the motion to dismiss of the petitioner, Leopoldo Gonzalez. Gonzalez’s motion sought to dismiss criminal information under the Double Jeopardy Clause and collateral estoppel rule.


Summary Of Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17, Brittnie Watkins Apr 2013

Summary Of Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17, Brittnie Watkins

Nevada Supreme Court Summaries

The Court considered an appeal from a jury verdict convicting the defendant of conspiracy to commit murder, murder with the use of a deadly weapon and discharging a firearm at a vehicle.


Summary Of Truesdell V. State, 129 Nev. Adv. Op. No. 20, Sean Africk Apr 2013

Summary Of Truesdell V. State, 129 Nev. Adv. Op. No. 20, Sean Africk

Nevada Supreme Court Summaries

The Court considered an appeal from a judgment of conviction, pursuant to a jury verdict, of invasion of the home in violation of a temporary protection order.


Summary Of Abdullah V. State, 129 Nev. Adv. Op. 7, Miriam C. Meyer Feb 2013

Summary Of Abdullah V. State, 129 Nev. Adv. Op. 7, Miriam C. Meyer

Nevada Supreme Court Summaries

Appeal from a district court order denying a post-conviction petition for a writ of habeas corpus and addressing whether a district court clerk is authorized to prepare and file a notice of appeal on an appellant’s behalf.


Summary Of Blackburn V. State, 129 Nev. Adv. Op. 8, Victoria Mullins Feb 2013

Summary Of Blackburn V. State, 129 Nev. Adv. Op. 8, Victoria Mullins

Nevada Supreme Court Summaries

An appeal addressing whether a psychological evaluation and risk assessment based on clinical judgment in addition to psychological tests comports with Nevada law, and whether the district court abused its discretion in accepting such an assessment when making a sentencing determination.


Summary Of Dewey Davis V. State, 129 Nev. Ad. Op. 11, Sarah Mead Feb 2013

Summary Of Dewey Davis V. State, 129 Nev. Ad. Op. 11, Sarah Mead

Nevada Supreme Court Summaries

The Court considered an original petition for a writ of mandamus challenging a district court order denying a motion to dismiss an indictment for inadequate service under NRS 172.241(2).


Summary Of In Re Woods V. State, 129 Nev. Adv. Op. 1, Benjamin K. Reitz Jan 2013

Summary Of In Re Woods V. State, 129 Nev. Adv. Op. 1, Benjamin K. Reitz

Nevada Supreme Court Summaries

An appeal addressing whether the State’s failure to oppose a defendant’s motion to dismiss constitutes a conscious indifference to a defendant’s procedural right to defend the charge in a timely manner.


Summary Of Brass V. State, 128 Nev. Adv. Op. 68, Joseph Sakai Jan 2013

Summary Of Brass V. State, 128 Nev. Adv. Op. 68, Joseph Sakai

Nevada Supreme Court Summaries

An appeal addressing whether a district court committed reversible error by dismissing a prospective juror before conducting a Batson2 hearing, and whether there was evidence to support a kidnapping conviction.


Mass Incarceration At Sentencing, Anne R. Traum Jan 2013

Mass Incarceration At Sentencing, Anne R. Traum

Scholarly Works

Courts can address the problem of mass incarceration at sentencing. Although some scholars suggest that the most effective response may be through policy and legislative reform, judicial consideration of mass incarceration at sentencing would provide an additional response that can largely be implemented without wholesale reform. Mass incarceration presents a difficult problem for courts because it is a systemic problem that harms people on several scales-individual, family, and community-and the power of courts to address such broad harm is limited. This Article proposes that judges should consider mass incarceration, a systemic problem, in individual criminal cases at sentencing. Sentencing is …


First Things First: Juvenile Justice Reform In Historical Context, David S. Tanenhaus Jan 2013

First Things First: Juvenile Justice Reform In Historical Context, David S. Tanenhaus

Scholarly Works

In my remarks today, I will explain how conceptions of children's rights have been used to shape the American juvenile justice system's development. First, I will argue that we should take a long view of this history. Next, I will focus on three specific eras of twentieth-century reform. Finally, I will conclude with a call for more research on the prosecutor's role in administering juvenile justice. This historical perspective, I believe, can help us to answer the challenging question of what children's rights should be.