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Articles 1 - 30 of 31
Full-Text Articles in Law
Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert
Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert
Nevada Supreme Court Summaries
A jury, selected from the third venire, convicted Gary Jerome Williams of battery with use of a deadly weapon causing substantial bodily harm on Robin Swope. On June 22, 2003, Williams and the victim (Robin Swope) engaged in an altercation after Swope saw Williams speaking to Swope’s thirteen-year-old daughter. At trial, most details of the altercation were highly disputed including, who was the initial aggressor, who produced a knife, and whether Swope used highly inflammatory language. In 1985, when he was seventeen, the State of Arkansas convicted Williams of aggravated battery, sentencing him to fifteen years confinement. The Nevada pre-sentencing …
Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove
Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni
Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni
Nevada Supreme Court Summaries
Admission of expert testimony is within the sole discretion of the trial judge. Abuse of discretion does not exist where defense counsel waited until the eighth day of trial to seek to call a newly-named expert witness without sufficient justification for the delay. The Nevada Supreme Court adopts the rule against admission of witness and prosecution comments regarding a defendant’s invocation of Fourth Amendment rights when such evidence is used to support an inference of guilt. When the district court admits such evidence, this Court will determine the existence of reversible error by application of the same test used for …
Summary Of Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster
Summary Of Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Blake V. State, 121 Nev. Adv. Op. 77, Anna Arroyo
Summary Of Blake V. State, 121 Nev. Adv. Op. 77, Anna Arroyo
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Gaxiola V. State, 121 Nev. Adv. Op. 64, Debra L. Pieruschka
Summary Of Gaxiola V. State, 121 Nev. Adv. Op. 64, Debra L. Pieruschka
Nevada Supreme Court Summaries
An appeal from a judgment of conviction, entered after jury verdict, on five counts of sexual assault of a minor under the age of fourteen years and two counts of lewdness with a child under the age of fourteen years.
Summary Of Sandstrom V. Second Judicial District Court Of Nevada, 121 Nev. Adv. Op. 65, Jarrod Rickard
Summary Of Sandstrom V. Second Judicial District Court Of Nevada, 121 Nev. Adv. Op. 65, Jarrod Rickard
Nevada Supreme Court Summaries
Original petition for a writ of certiorari or in the alternative a writ of mandamus challenging the district court's order reversing and remanding a justice court order granting petitioner's motion to dismiss a misdemeanor criminal complaint.
Summary Of State V. Weber, 121 Nev. Adv. Op. 57, Danielle Oakley
Summary Of State V. Weber, 121 Nev. Adv. Op. 57, Danielle Oakley
Nevada Supreme Court Summaries
An appeal from a judgment of conviction and sentence of death, pursuant to a jury trial.
Summary Of Phillips V. State, 121 Nev. Adv. Op. 58, Patrick Murch
Summary Of Phillips V. State, 121 Nev. Adv. Op. 58, Patrick Murch
Nevada Supreme Court Summaries
Defendant/Appellant Donald E. Phillips ("Phillips") appealed from a jury conviction of one count each of aggravated stalking and preventing or dissuading a witness from testifying, and twelve counts of extortion.
Summary Of Anderson V. State, 121 Nev. Adv. Op. 51, Bryce C. Loveland
Summary Of Anderson V. State, 121 Nev. Adv. Op. 51, Bryce C. Loveland
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Hosier V. State, 121 Nev. Adv. Op. 41, Robert Henriksen
Summary Of Hosier V. State, 121 Nev. Adv. Op. 41, Robert Henriksen
Nevada Supreme Court Summaries
This case is an original proper person petition for extraordinary relief, challenging the validity of Hosier’s 1990 judgment for conviction citing to Article 6, Section 4 of the Nevada Constitution.
Summary Of Bellon V. State, 121 Nev. Adv. Op. 45, 117 P.3d 176, Wayne Klomp
Summary Of Bellon V. State, 121 Nev. Adv. Op. 45, 117 P.3d 176, Wayne Klomp
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Gordon V. State, 121 Nev. Adv. Op. 51, Bryce C. Loveland
Summary Of Gordon V. State, 121 Nev. Adv. Op. 51, Bryce C. Loveland
Nevada Supreme Court Summaries
In this case, the Court considered two issues related to DUI charges against appellant. First, whether a jury may return a general guilty verdict based upon several legally sufficient theories of driving under the influence if at least one theory had sufficient evidentiary support. Second, whether the appellant was prejudiced by the State’s failure to gather evidence during its investigation. After a review of the evidence presented at trial, the Court concluded that a jury may return a general guilty verdict even when only one of several theories had sufficient support, and that the appellant here was not prejudiced by …
Summary Of Whisler V. State, 121 Nev. Adv. Op. 40, Jared R. Gibb
Summary Of Whisler V. State, 121 Nev. Adv. Op. 40, Jared R. Gibb
Nevada Supreme Court Summaries
The defendant, Douglas Whisler, appealed his conviction for driving while under the influence of controlled substances or chemicals.
Summary Of Fiegehen V. State, 121 Nev. Adv. Op. 30, Michael Shalmy
Summary Of Fiegehen V. State, 121 Nev. Adv. Op. 30, Michael Shalmy
Nevada Supreme Court Summaries
An intruder entered a residence, killed one person and shot another. The victim placed a 911 call, but within minutes, the 911 connection went dead. Sheriff's deputies arrived at the residence shortly thereafter and found one victim alive, lying on the floor in a pool of blood. The telephone line nearby had been cut. A body was discovered on a deck outside. Evidence implicated Christopher Fiegehen as the primary suspect. However, he abruptly fled Nevada on the day of the crime. Two months later, he was stopped and questioned by police officers in Indiana, where they apprehended him after a …
Summary Of Wilson V. State, 121 Nev. Adv. Op. 34, Kathleen L. Fellows
Summary Of Wilson V. State, 121 Nev. Adv. Op. 34, Kathleen L. Fellows
Nevada Supreme Court Summaries
A jury convicted Wiley Gene Wilson of four counts of use of a minor in the production of pornography and four counts of possession of visual presentations depicting sexual conduct of a person under sixteen years of age. Wilson appealed, arguing that his four convictions for using a child in a sexual performance were redundant convictions. In September of 2001, Wilson and the ten-year-old female victim (M.T.) left M.T.'s father's trailer to attend to errands related to installing a satellite television system. Apparently, while running errands and stuck in traffic, M.T. urinated in her clothing. Subsequently, Wilson took M.T. to …
Summary Of State V. Dist. Court (Riker), 121 Nev. Adv. Op. 25, Kimberly Lou
Summary Of State V. Dist. Court (Riker), 121 Nev. Adv. Op. 25, Kimberly Lou
Nevada Supreme Court Summaries
The State of Nevada convicted David Robert Riker (“Riker”) for murder. Riker filed two sets of post-conviction petitions for the writ of habeas corpus—one in 1998 and one in 2004. The district court denied the 1998 petition, but granted the 2004 petition and an evidentiary hearing. The State of Nevada petitioned the Nevada Supreme Court for a writ of mandamus or prohibition arguing that Riker’s habeas corpus claims are procedurally barred and that the district court exceeded its jurisdiction in granting a hearing. The Nevada Supreme Court agreed in part with the State and ordered the district court to apply …
Summary Of Rosky V. State, 121 Nev. Adv. Op. No. 22, Jason Peck
Summary Of Rosky V. State, 121 Nev. Adv. Op. No. 22, Jason Peck
Nevada Supreme Court Summaries
Police executed a search warrant at John Rosky’s apartment as part of an investigation into the sexual assault of a 13-year-old girl. Two police officers eventually drove Rosky to a police substation for questioning but they did not formally arrest him or administer Miranda warnings. Police informed Rosky that his participation was voluntary and that he was free to leave at any time. At one point during the questioning, Rosky took a ten-minute break and went outside the police station unaccompanied by the detectives. The detectives used mild forms of deception and confronted Rosky with their belief that he was …
Summary Of Viray V. State, 121 Nev. Adv. Op. 19, Chris Orme
Summary Of Viray V. State, 121 Nev. Adv. Op. 19, Chris Orme
Nevada Supreme Court Summaries
A jury convicted Benjardi Batucan Viray for lewdness with a minor. He appealed claiming that there was an improper inclusion of new information at a preliminary hearing and that this inclusion was sufficient to declare a mistrial. The Nevada Supreme Court held that a change in the factual situation is not sufficient to declare a mistrial if the inclusion of new information does not affect the defendant’s substantial rights and the charged offense remained the same. The second issue was whether a court should declare a mistrial when a juror disregards the admonishment of the court to not speak about …
Summary Of Miller V. State, 121 Nev. Adv. Op. 10 And Summary Of Daniel V. State, 121 Nev. Adv. Op. 11, Hagar Labouz
Summary Of Miller V. State, 121 Nev. Adv. Op. 10 And Summary Of Daniel V. State, 121 Nev. Adv. Op. 11, Hagar Labouz
Nevada Supreme Court Summaries
Both Miller and Daniel arise out of a Las Vegas Metropolitan Police Department (LVMPD) decoy program designed to combat an increase in street-level robberies occurring in downtown Las Vegas. In Miller, a detective with the LVMPD disguised himself as an intoxicated vagrant and carried exposed cash in his pocket. The detective then positioned himself across from a bus station and leaned against a chain link fence. Richard Miller, an individual walking down the street, approached the detective and asked him for money. When the detective refused, Miller pulled the detective closer to him and took the cash from the detective’s …
Summary Of Sparks V. State, 120 Nev. Adv. Op. 12, Bryce Loveland
Summary Of Sparks V. State, 120 Nev. Adv. Op. 12, Bryce Loveland
Nevada Supreme Court Summaries
The Nevada Supreme Court held that “Failure to Appear” clauses are not unconscionable in plea agreements and upheld one in this case.c
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary E. Berkheiser
Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary E. Berkheiser
Scholarly Works
Nevada Supreme Court Justice Miriam Shearing retired at the end of her second term on January 4, 2005. Over the nearly thirty years of her very public life on the bench, many have written of her accomplishments as the firs woman to enter the brotherhood of the Nevada judiciary. With Justice Sharing’s retirement, the time is ripe for an examination of her judicial decisions during the twelve years she served on the Nevada Supreme Court. The analysis here provides one perspective on her body of work. It begins, as it must, with a glimpse into the person behind the work.
Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett
Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett
Scholarly Works
The New Jersey Institute for Social Justice prepared this report in response to concerns about child support debt—in particular as it creates a barrier to employment for low-income parents and works at cross-purposes with the goals of the child support program. Drawing on examples from other states, this report identifies a range of policies that inform child support practice in New Jersey and offers administrative, legislative, and programmatic solutions to address child support arrears owed by low-income and incarcerated parents.
Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster
Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, entered after jury verdict, for one count of attempted sexual assault.
Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka
Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka
Nevada Supreme Court Summaries
Troy Anthony Foster, appellant, was charged with four counts of sexual assault and one count of kidnapping. A jury found Foster guilty of three counts of sexual assault and acquitted him on one count of sexual assault and of kidnapping. Foster appealed his conviction asserting five assignments of error. The Nevada Supreme Court rejected Foster’s contentions concluding in part the evidence presented at trial was more than sufficient to sustain the jury’s verdict. Foster then filed a post-conviction petition for a writ of habeas corpus in district court, claiming ineffective assistance of both trial and appellate counsel. The district court …
Summary Of Garcia V. State , Justin L. Carley
Summary Of Garcia V. State , Justin L. Carley
Nevada Supreme Court Summaries
Ramon Garcia appealed his convictions for: (1) burglary while in possession of a firearm, (2) robbery with the use of a deadly weapon, (3) first-degree kidnapping, 4. conspiracy to commit burglary, (5) another burglary while in the possession of a firearm, 6. conspiracy to commit robbery, (7) attempted robbery with the use of a deadly weapon, and 8. false imprisonment. Garcia argued that: (1) the jury instruction on false imprisonment was improper, (2). the state presented insufficient evidence to support a verdict on kidnapping and false imprisonment, (3) the district court erroneously failed to hold a hearing on his motion …
Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins
Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins
Nevada Supreme Court Summaries
In April 2001, Hymon stole a purse from a woman in the lobby of an auto repair shop. He ran, and two of the shop’s mechanics pursued him. They caught up to him when he fell on the curb, but he stood and swung a four- to six-inch long pocketknife. They backed away, allowing him to escape, but the police apprehended him shortly thereafter. After Hymon requested to represent himself, the district court conducted a Faretta canvass,2 and concluded that Hymon was competent to waive his right to counsel. Hymon was uncooperative and unwilling to communicate with the prosecutor, so …
Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan
Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan
Nevada Supreme Court Summaries
Petitioner, seeking a writ of mandamus, contended that the district court abused its discretion by awarding defendant credit against her prison sentence for time served on house arrest as a condition of bail.
Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross
Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross
Nevada Supreme Court Summaries
Defendant Martha Flores was found guilty of first-degree murder by child abuse of her five-year-old stepdaughter, Zoraida Flores. Postmortem examinations concluded that the child had been physically abused and her death was caused by a blunt-force trauma to the head. Flores resided with her husband, Jose Flores, his five-year-old daughter Zoraida, Flores’ daughters and mother and an infant. Flores was the primary caregiver of the family while Jose worked to support them. On January 28, 2001, emergency medical personnel responded to the Flores’ apartment and provided assistance to Zoraida. They were unable to resuscitate the child. The postmortem examination of …
Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr.
Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr.
Nevada Supreme Court Summaries
In November 2003 the Las Vegas Metropolitan Police Department executed a decoy operation targeting the crime of robbery. An officer was posed on a public street dressed as an intoxicated, off-duty casino dealer with a stack of twenty one-dollar bills visible in his left dress shirt pocket. The defendant approached the officer, made conversation and casually removed the dollar bills while placing his arm around the officer. When the officer acted as though he was turning his head to catch the defendant in the act, the defendant pushed the officer’s head away with his forearm twice. The defendant was arrested …