Law Commons^™

Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin

Nevada Supreme Court Summaries

Appeal from a judgment of conviction by jury of conspiracy to commit a crime, burglary, robbery, first-degree kidnapping, and attempted grand larceny auto.

Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom

Nevada Supreme Court Summaries

An appeal from an Eighth Judicial District Court judgment of conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.

The Comparative Nature Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.

Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky

Nevada Supreme Court Summaries

This case involved a writ of prohibition to determine if Defendant’s double jeopardy rights were violated when the district court ordered a mistrial and subsequent retrial as a “manifest necessity” based on potential jury bias because defense counsel impermissibly argued facts not in evidence.

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Scholarly Works

No abstract provided.

Setting The Standard: A Critique Of Bonnie's Competency Standard And The Potential Of Problem-Solving Theory For Self-Representation At Trial, E. Lea Johnston

UF Law Faculty Publications

In Indiana v. Edwards, the U.S. Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competency standard for self-representation than to stand trial. The Court declined to specify the contents of a permissible representational competence standard, but cited with support the construct of adjudicative competence developed by Professor Richard Bonnie. While Bonnie's proposal may provide an appropriate framework for evaluating the competence of represented defendants' decisions, it is at most a starting point for defining the capacities needed for self-representation at trial. This Article begins by exposing three reasons why Bonnie's approach is …

Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney

Nevada Supreme Court Summaries

Appellant Douglas Mendoza-Lobos was convicted of one count each of burglary, robbery with the use of a deadly weapon, sexual assault with the use of a deadly weapon, attempted sexual assault with the use of a deadly weapon, assault with a deadly weapon, and battery with a deadly weapon. On appeal, Mendoza-Lobos argued that the district court failed to comply with NRS 193.165(1) in imposing the sentences for the deadly weapon enhancements because it failed to articulate sufficient findings on the record. As a preliminary matter, the Court addressed whether NRS 193.165(1) (1) violated the separation-of-powers doctrine and (2) required …

Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps

Nevada Supreme Court Summaries

Appeal from a judgment of conviction for second-degree murder, challenging the district court’s denial of Appellant’s motion to dismiss for pre-indictment delay and Appellant’s motion for certificate of materiality to obtain out-of-state mental health records.

Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain

All Faculty Scholarship

Judges in domestic cases often underestimate the risk to a mother and her children that an angry and abusive father or other intimate partner poses. In a recent Maryland case, for example, two judges refused to deny a father visitation or require that visitation be supervised, despite the fact that the father had threatened suicide. During the father’s unsupervised visitation, he drowned all three of his children, then attempted to kill himself.

The Danger Assessment tool (the D.A.) developed by a Johns Hopkins Nursing professor and validated by herself and other social scientists shows how much the father’s thoughts of …

Performing Discretion Or Performing Discrimination: An Analysis Of Race And Ritual In Batson Decisions In Capital Jury Selection, Melynda J. Price

Law Faculty Scholarly Articles

Research shows the mere presence of Blacks on capital juries--on the rare occasions they are seated--can mean the difference between life and death. Peremptory challenges are the primary method to remove these pivotal participants. Batson v. Kentucky developed hearings as an immediate remedy for the unconstitutional removal of jurors through racially motivated peremptory challenges. These proceedings have become rituals that sanction continued bias in the jury selection process and ultimately affect the outcome of capital trials. This Article deconstructs the role of the Batson ritual in legitimating the removal of African American jurors. These perfunctory hearings fail to meaningfully interrogate …

Replacing Incarceration: The Need For Dramatic Change, Nora V. Demleitner

Scholarly Articles

Not available.

Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi

Nevada Supreme Court Summaries

An appeal from a judgment of conviction in the Eighth Judicial District Court, pursuant to a jury verdict, of one count of open or gross lewdness, three counts of lewdness with a child under the age of fourteen, and six counts of visual representation depicting sexual conduct of a person under the age of sixteen.

The Stockley Verdict: An Explainer, Chad Flanders

All Faculty Scholarship

The purpose o f this document is to help explain some o f the existing Missouri law that Judge Wilson used in his opinion. It does not take a side on the opinion itself. At the end o f the day, the decision Judge Wilson made was based on his call on various disputed factual questions. The law was not, for the most part, at issue. I attempt only to describe the legal framework within with Judge Wilson decided the case; not to support or to criticize his verdict. Each person will ultimately have to make his or her own …

How (Not) To Think Like A Punisher, Alice Ristroph

Faculty Scholarship

No abstract provided.

Modes Of Discretion In The Criminal Justice System, Roger Fairfax

Presentations

No abstract provided.

Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly

Department of Justice Studies Faculty Scholarship and Creative Works

The current investigation extends previous work on citizens' perceptions of police performance. It examines the origins of between-community differences in concerned citizens' judgments that police are responding sufficiently to a local social problem. The problem is local unsupervised teen groups, a key indicator for both the revised systemic social disorganization perspective and the incivilities thesis. Four theoretical perspectives predict ecological determinants of these shared judgments. Less perceived police responsiveness is anticipated in lower socioeconomic status (SES) police districts by both a political economy and a stratified incivilities perspective; more predominantly minority police districts by a racialized justice perspective; and in …

Political Economy Of Criminal Procedure, Keith N. Hylton

Faculty Scholarship

This chapter presents a public choice theory of criminal procedure. The core idea is that criminal procedure is best understood as a set of rules designed to thwart attempts to use the state's law enforcement power in a predatory fashion or in order to transfer wealth generally. For the most part we focus on a set of core procedural protections that can be considered long-established norms.

Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon a jury verdict, of two counts of burglary while in possession of a deadly weapon, two counts of conspiracy to commit robbery, and four counts of robbery with use of a deadly weapon.

Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston

Nevada Supreme Court Summaries

Appeal from an order of the district court dismissing appellant’s post-conviction petition for a writ of habeas corpus in a death penalty case.

Mothers And Sons: The Lloyd Schlup Story, Sean O'Brien

Faculty Works

This article tells the back story of the near-execution of Lloyd Schlup, condemned to die in Missouri for the 1984 murder of fellow Missouri State Penitentiary prisoner Arthur Dade, Jr. Mr. Schlup came within hours of execution before the Supreme Court granted certiorari on his case to decide whether a prisoner who is probably innocent can avail himself of the habeas corpus remedy. Mr. Schlup's and Mr. Dade's mothers played pivotal roles in the ultimate outcome of Schlup v. Delo, 513 U.S. 298 (1995). Dedicated to the memory of Nancy Slater.

Self-Love And Forgiveness: A Holy Alliance?, Patrick Mckinley Brennan

Working Paper Series

Forgiving is not pardoning, excusing, condoning, forgetting, or reconciling, nor is forgiving just about a change in emotions on the part of a victim. This paper pursues a virtue-theoretic account of the human person in the context of the theology of Thomas Aquinas, arguing that human forgiveness is the form love takes by an offended toward her offender. The paper argues, first, for the priority of the offended person's self-love and, second, for such self-love's extension into love of the offender as another self. The paper explores in depth the challenges of seeing one's enemy as "another self." Forgiving, the …

Throwing The Baby Out With The Bathwater: A Call To Reinstate The Public Housing Drug Elimination Program, Wendy Tolson Ross

Faculty Works

In fiscal year 2002, the federal government, upon recommendation by the Office of Management and Budget, eliminated funding to the Public Housing Drug Elimination Program (PHDEP), a grant program designed to assist public housing authorities in fighting drugs and crime. In explaining its decision, the government cited (1) the program’s ineffectiveness, (2) its duplication of activities, and (3) the availability of other enforcement tools (e.g., evictions) to control crime and drugs in public housing. On the surface, the budgetary concerns appear to be sound. However, today, seven years later, crime and drug violence are still causing problems in public housing …

Activating Victim Constituency In International Criminal Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

This article lays out why in the context of global crime, crime control and the legitimacy of global governance, a victim constituency makes sense in terms of the stated aims of international criminal justice and of a wider ‘new morality’ on which it should be grounded. The incapacity to confront appropriately the consequences to victims of global crime has tended to mean that international criminal justice and the governance that flows from it are unsatisfactorily entwined with sectarian international relations and narrow cultural inclusion. Therefore, in governance terms alone, the conceptualization of global crime victims should be expanded and emancipated …

Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman

Nevada Supreme Court Summaries

Appellant Daniel Anthony Ramet was convicted of first-degree murder. On appeal, Ramet contended that the testimony concerning his refusal to consent to a search of his home, taken together with the prosecutor’s comment on it, was violative of his Fourth Amendment rights. The Court concluded that the district court erred in allowing testimony and argument regarding Ramet’s invocation of his Fourth Amendment right. However, they further concluded that the error in admitting the statements was harmless. The Court therefore affirmed Ramet’s conviction.Óÿ

Massachusetts Zappers - Collecting The Sales Tax That Has Already Been Paid, Richard Thompson Ainsworth

Faculty Scholarship

No other New England state is as vulnerable to Zappers as is the State of Massachusetts. Zappers and related software programming, Phantom-ware, facilitate an old tax fraud – skimming cash receipts. In this instance skimming is performed with modern electronic cash registers (ECRs).

Zappers are a global revenue problem, but to the best of this author’s knowledge they have not been uncovered in Massachusetts. A global perspective says: it is highly unlikely that Zappers are not in the Commonwealth – we just need to find them. In fact, using a Quebec template, tax losses from Zappers and related frauds in …

Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe

Nevada Supreme Court Summaries

The Court took this opportunity to align Nevada’s standard for emergency home entries with the recent Supreme Court opinion in Brigham City v. Stuart.2 The Supreme Court held in that case that for a warrantless entry to be lawful there must be an objectively reasonable basis to believe that a party inside is in danger.3 Accepting this standard eliminates Nevada’s previous test, which allowed courts to look at the law enforcement agent’s lack of intent to arrest or search.

Attempt By Omission, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie

Nevada Supreme Court Summaries

Consolidated writs for mandamus challenging the district court’s denial of petitioners’ request for full and complete copies of competency examination reports prior to competency hearing.

Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

Petitioners filed writs of mandamus challenging the district court orders denying petitioners’ requests to present evidence during competency hearings.

Interrogations And The Guiding Hand Of Counsel: Montejo, Ventris, And The Sixth Amendment's Continued Vitality, Ben G. Cohen, Bidish J. Sarma, Robert J. Smith

NULR Online

No abstract provided.