Criminal Law Commons^™

Causey V. Eighth Jud. Dist. Ct., 142 Nev. Adv. Op. 43 (June 18, 2026), Madeleine Langhoff

Nevada Supreme Court Summaries

Child abuse can be a continuing offense warranting only a single court or can be multiple, individual counts depending on the circumstances.

Byron Aaron Garcia V. State Of Nevada, 142 Nev. Adv. Op. 42 (Jun. 11, 2026), Lauren Jung

Nevada Supreme Court Summaries

A probationer is not denied due process when the district court relies on the totality of everything, including the preliminary hearing transcript, prior police investigation report, and probation violation report and police report to revoke probation and impose a suspended sentence.

Threats And Political Violence, J. Richard Broughton

Nevada Law Journal

No abstract provided.

State Of Nevada V. Rocky Stanley Salazar, 123 Nev. Adv. Op. 45 (May 28, 2026), Bowen Fuller

Nevada Supreme Court Summaries

When second-degree murder by a controlled substance starts on tribal land but consummates on nontribal land, the state has jurisdiction to prosecute the crime.

Maurice Robinson V. The State Of Nevada, 142 Nev. Op. 37 (May 21, 2026), Kaleigh Evanchak

Nevada Supreme Court Summaries

Elder exploitation is charged as one unit per victim, and certain theft offenses may be aggregated when committed as part of a scheme or continuing course of conduct.

Carter (Tyler) V. State Of Nevada, 123 Nev. Adv. Op. 45 (May. 14, 2026), Natalie D'Ambrosio

Nevada Supreme Court Summaries

Carter v. State of Nevada holds that drivers involved in injury crashes must stop, provide identification, and render reasonable assistance, but are not required to remain at the scene until law enforcement authorizes departure.

Del Toro (Juan) V. State Of Nevada, 142 Nev. Adv. Op. 33 (May 7, 2026), Ashley Arita

Nevada Supreme Court Summaries

Under NRS 176.0931, sex offenders are not required to complete their full registration period before becoming eligible for release from lifetime supervision.

Richt V. State Of Nevada, 142 Nev. Adv. Op. 32 (April 30, 2026), Vanessa Arias

Nevada Supreme Court Summaries

A defendant must establish a foundation for a self-defense claim before being allowed to bring in evidence of the victim's character. If the defendant wishes to admit evidence to support a self-defense claim it must be relevant. Lay witnesses are allowed to testify regarding their own perception.

Engle V. Second Judicial District Court, 142 Nev. Adv. Op. 30 (Apr. 16, 2026), Andre Anaya

Nevada Supreme Court Summaries

Economic hardship excuses a probation violation for failure to pay restitution, but does not satisfy the separate requirement that a defendant fulfill all probation conditions before a conviction may be set aside.

Chabot V. State [Of Nevada], 142 Nev. Adv. Op. 27 (April 9, 2026), Amanda Vaskov

Nevada Supreme Court Summaries

A victim's prior bad acts may be offered as evidence if the accused shows knowledge of them.

Smith (Sophia) V. State, 142 Nev. Adv. Op. 26, 587 P.3d 251 (Apr. 9, 2026), Karin Tidgewell

Nevada Supreme Court Summaries

In Smith (Sophia) v. State, the Nevada Supreme Court held that violations of NRS 200.5099(3) should be prosecuted as one count of elder exploitation per victim, regardless of the number of acts that occur against a single victim.

Matadamas-Serrano V. State, 142 Nev. Adv. Op. 20 (Mar. 5, 2026), Mary Shamon

Nevada Supreme Court Summaries

A district court does not commit reversible error by denying a Batson challenge at step one based on strike percentages alone, or by allowing a substitute coroner to give an independent opinion based on autopsy photographs.

Lies That Matter: Retheorizing Rape And The Limits Of Consent, Seran Gee

Nevada Law Journal

This Article proposes a novel assent-based framework for understanding rape law, challenging the traditional focus on consent as the sole determinant of rape. It argues that rape occurs when there is an absence of assent, rather than simply a lack of consent. The Article distinguishes between assent, which reflects a feeling of willingness, and consent, which is an exercise of autonomy that waives one’s right to bodily integrity. By incorporating this distinction, the assent model provides a more nuanced approach to rape law, explaining why certain deceptions—such as misrepresenting the nature of a sexual act—constitute rape, while others do not. …

Time Out For Transfer: Youth Transfer As Punishment, Kristina Kersey

Nevada Law Journal

The confidentiality of the juvenile court, while laudable in protection of the children charged, often means that people, in general, have little understanding of the inner workings of the court. One of the opaquest practices in juvenile court is how, when, and under which circumstances youth are prosecuted as adults. The cases that do reach the headlines are the most salacious, which leads to a confirmation bias on both the need and the appropriateness of the practice of transfer.

Many scholars have discussed the undeniable impact of adolescent development research on juvenile legal jurisprudence and a general reimaging of diminished …

Austin V. State [State Of Nevada], 142 Nev., Adv. Op. 12 (Feb. 26, 2026, Erika Loveland

Nevada Supreme Court Summaries

An attached garage is part of a "dwelling" under NRS 205.067. Thus, forcibly entering an attached garage without permission constitutes a home invasion.

Cosby V. Leslie, 142 Nev. Adv. Op. 11 (Feb. 12, 2026), Madeleine Langhoff

Nevada Supreme Court Summaries

In Cosby v. Leslie, the Nevada Supreme Court held that "intrusion" under NRS 200.364(9) requires entry into a genital or anal opening, meaning conduct lacking such intrusion does not constitute sexual assault under Nevada law.

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

Scholarly Works

This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …

Young V. State [Of Nevada], 141 Nev. Adv. Op. 47 (Oct. 16, 2025), Madeleine Langhoff

Nevada Supreme Court Summaries

COURT OVERRULES PRECEDENT WHICH REQUIRES TRIAL COURTS TO REMOVE JURORS BASED ON DIFFERENT CATEGORIES OF BIAS.

Ser (Georgio) V. State, 141 Nev. Adv. Op. 57 (Nov. 20, 2025), Hunter Patterson

Nevada Supreme Court Summaries

No abstract provided.

Sheridan Vs. State Of Nevada, 141 Nev. Adv. Op. 22 (Apr. 24, 2025), Austin Cassell

Nevada Supreme Court Summaries

THE SUPREME COURT DETERMINED THAT OBSTRUCTING OR RESISTING AN OFFICER BY FLIGHT AND FAILURE TO REGISTER AS A CONVICTED PERSON ARE NOT CATEGORICALLY CRIMES OF VIOLENCE UNDER NRS 176A.510

In The Matter Of H.B., Iii, 141 Nev. Adv. Op. 15 (Apr. 3, 2025), Racaiim Mckain

Nevada Supreme Court Summaries

In a decisive decision, the Nevada Supreme Court held that convicted felons are not automatically disqualified from acting as a legal guardian.

Garcia V. State, 141 Nev. Adv. Op. 16 (Apr. 17, 2025), Grace Michaelson

Nevada Supreme Court Summaries

THE DISTRICT COURT PROPERLY DENIED RELIEF BECAUSE PAROLE ELIGIBILITY FOR JUVENILE NONHOMICIDE OFFENDERS ARISES BY OPERATION OF LAW AND DOES NOT REQUIRE RESENTENCING OR CORRECTION OF A LAWFUL JUDGMENT.

Price (Anthony) V. The Second Judicial District Court, 141 Nev. Adv. Op. 17 (Apr. 17, 2024), Ayanna Pope

Nevada Supreme Court Summaries

DISTRICT COURTS CANNOT FIND A FELONY DEFENDANT COMPETENT TO STAND TRIAL AFTER A PRIOR INCOMPETENCY DETERMINATION WITHOUT INPUT FROM THE ADMINISTRATION OF THE DIVISION OF PUBLIC AND BEHAVIORAL HEALTH.

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

Not Demented Enough: Dementia And Competency To Stand Trial, Rashmi Goel

Nevada Law Journal

No abstract provided.

Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson

Scholarly Works

In recent years, tablets have gained tremendous popularity behind bars for their ability to expand access to educational and rehabilitative services for people in prison. However, there are downsides to tablet implementation, including high costs at the expense of a captive population and shifting power dynamics resulting in possible volatility. This Article examines the use of correctional tablets in jails and prisons as mechanisms for administrative control and profit-making in an era of beleaguered correctional budgets. It also considers legal and policy implications related to the disproportionately negative impact of the introduction of tablets on people in poverty, increased dependency …

Restorative Justice And Building Communities Of Radical Belonging In The Law School Classroom, Aparna Polavarapu

Scholarly Works

No abstract provided.

Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan

Scholarly Works

Criminal law and reproductive justice scholars are calling attention to the increase in prosecutions for pregnancy outcomes in the United States. Trace amounts of controlled substances in newborns are prosecuted as child abuse. Miscarriages are prosecuted as illegal abortions or homicides. This area of criminal law existed side-by-side with Roe v. Wade for late-term pregnancy outcomes. The Dobbs decision has further emboldened these prosecutions by removing the protections of the Due Process Clause from the pre-viability phase of the pregnancy.

Using a case study of a woman who was pressured to plead guilty to manslaughter and sentenced to eight years …

Unpunishment Purposes, Meredith B. Esser

Scholarly Works

Sentencing scholarship often begins by exploring the traditional purposes of punishment: deterrence, retribution, incapacitation, and rehabilitation. However, little scholarship exists addressing how these four punishment purposes apply in the post sentencing or second-look contexts. Further, abstract theories of sentencing can often seem sterile and disconnected from the realities of how violent, disproportionate, and dehumanizing the actual experience of incarceration is for many people, and tend to downplay the impact of incarceration on the families and communities of those who are incarcerated. This Article attempts to reconceptualize the traditional purposes of punishment to meet the current historical moment, and it does …

The Insufficiency Of Battered Women’S Syndrome Evidence And The Need For Resentencing Legislation For Criminalized Survivors Of Domestic Violence, Alice Samberg

Nevada Law Journal

No abstract provided.