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Articles 211 - 240 of 504
Full-Text Articles in Criminal Law
Summary Of Peciado V. State, 130 Nev. Adv. Op. 6, Geordan G. Logan
Summary Of Peciado V. State, 130 Nev. Adv. Op. 6, Geordan G. Logan
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether due process requires that all sidebar proceedings be made a part of the record; and (2) whether prospective jurors who are anything less than unequivocal about their impartiality should be excused for cause.
Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin
Brief For Bishopaccountability.Org Et Al. As Amici Curiae In Support Of Cert. Petition, John Doe B.P. V. Catholic Diocese Of Kansas City-St. Joseph, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus
Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus
Scholarly Works
In this article, I first draw on my recent book The Constitutional Rights of Children to introduce the facts of the case and place the case in the larger context of the history of American juvenile justice. I then focus specifically on the role of four remarkable women in the history of this landmark decision: Marjorie Gault, Gerald's mother; Amelia Lewis, Gerald's lawyer; Lorna Lockwood, an Arizona lawyer who became the first woman to serve as the Chief Justice of a State Supreme Court; and Getrude "Traute" Mainzer, who assisted in the litigation of Gerald's case before the U.S. Supreme …
Using Outcomes To Reframe Guilty Plea Adjudication, Anne R. Traum
Using Outcomes To Reframe Guilty Plea Adjudication, Anne R. Traum
Scholarly Works
The Supreme Court’s 2012 decisions in Lafler v. Cooper and Missouri v. Frye lay the groundwork for a new approach to judicial oversight of guilty pleas that considers outcomes. These cases confirm that courts possess robust authority to protect defendants’ Sixth Amendment right to the effective assistance of counsel and that plea outcomes are particularly relevant to identifying and remedying prejudicial ineffective assistance in plea-bargaining. The Court’s reliance on outcome-based prejudice analysis and suggestions for trial court-level reforms to prevent Sixth Amendment violations set the stage for trial courts to take a more active, substantive role in regulating guilty pleas. …
Summary Of Clay V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 91, Joseph Peacock
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 Clancy V. State, 129 Nev. Adv. Op. 89, Jim Hoffman
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 Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek
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
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
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
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.
Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss
Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca J. Huss
Nevada Law Journal
No abstract provided.
Summary Of State V. Greene, 129 Nev. Adv. Op. No. 58, Brittnie Watkins
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 State V. Robles-Nieves, 129 Nev. Adv. Op. No. 55, Sean Africk
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
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 Armenta-Carpio V. State, 129 Nev. Adv. Op. No. 54, Drew Wheaton
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 Clay V. Eighth Judicial District Court, 129 Nev. Adv. Op. 48, Katelyn Franklin
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
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
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
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
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 Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17, Brittnie Watkins
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
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 Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22, Michael Esposito
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 Dewey Davis V. State, 129 Nev. Ad. Op. 11, Sarah Mead
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 Abdullah V. State, 129 Nev. Adv. Op. 7, Miriam C. Meyer
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
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 In Re Woods V. State, 129 Nev. Adv. Op. 1, Benjamin K. Reitz
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
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.
First Things First: Juvenile Justice Reform In Historical Context, David S. Tanenhaus
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.
Mass Incarceration At Sentencing, Anne R. Traum
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 …