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Articles 271 - 300 of 504
Full-Text Articles in Criminal Law
Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum
Summary Of Nevada Ex. Rel Bd. Of Parole Comm’Rs V. Morrow, 127 Nev. Adv. Op. No. 61, Danielle Woodrum
Nevada Supreme Court Summaries
An appeal from a district court order clarifying a judgment granting a writ of mandamus, and a proper person appeal from a district court order granting a motion to dismiss
Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth
Summary Of Stockmeier V. State, Bd. Of Parole Comm’Rs, 127 Nev. Adv. Op. No. 19, Chelsey Bosworth
Nevada Supreme Court Summaries
A proper person appeal and counsel cross-appeal to have factual statements in a presentence investigation report (PSI) corrected after a prisoner’s sentencing.
Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell
Summary Of Hobbs V. State, 127 Nev. Adv. Op. No. 18, Christopher Scott Connell
Nevada Supreme Court Summaries
An appeal from a judgment of conviction, by way of jury verdict, for battery and injury to other property.
Improving The Odds: Changing The Perception Of Problem Gambling And Supporting The Growth Of Problem Gambling Courts, Amaia Guenaga
Improving The Odds: Changing The Perception Of Problem Gambling And Supporting The Growth Of Problem Gambling Courts, Amaia Guenaga
UNLV Gaming Law Journal
This Note will examine what problem gambling is and demonstrate the parallels between problem gambling and substance abuse. The Note will then explore the development and expansion of problem-solving courts for substance abuse and mental health and explore the pros and cons of problem gambling courts, in the end offering support for the further creation and development of problem gambling courts.
Summary Of State V. Lucero, 127 Nev. Adv. Op. No. 7, Brian Blaylock
Summary Of State V. Lucero, 127 Nev. Adv. Op. No. 7, Brian Blaylock
Nevada Supreme Court Summaries
An appeal of the Second Judicial District Court’s denial of the State’s motion to correct a reduced sentence imposed upon revocation of probation.
Summary Of Lamb V. State, 127 Nev. Adv. Op. No. 3, Erin Elliot
Summary Of Lamb V. State, 127 Nev. Adv. Op. No. 3, Erin Elliot
Nevada Supreme Court Summaries
Appeal from a judgment of conviction by a criminal defendant convicted of first-degree murder and sentenced to life in prison.
Summary Of Dieudonne V. State, 126 Nev. Adv. Op. No. 1, Charles Gianelloni
Summary Of Dieudonne V. State, 126 Nev. Adv. Op. No. 1, Charles Gianelloni
Nevada Supreme Court Summaries
Appeal from a criminal defendant claiming an absolute right to be sentenced by the same judge who accepted his plea deal. Defendant also objects to victim impact statements that were given at his sentencing trial, but were not properly sworn.
Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper
Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper
Scholarly Works
In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.
Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum
Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum
Scholarly Works
Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Scholarly Works
In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …
Summary Of State V. Castaneda_Swm, 126 Nev. Adv. Op. No. 45, Sean W. Mcdonald
Summary Of State V. Castaneda_Swm, 126 Nev. Adv. Op. No. 45, Sean W. Mcdonald
Nevada Supreme Court Summaries
Appeal from order of dismissal of indecent exposure charges, after the district court judge concluded the state indecent exposure statute was unconstitutionally vague and overbroad.
Summary Of Hoagland V. State, 126 Nev. Adv. Op. 37, Meredith Still
Summary Of Hoagland V. State, 126 Nev. Adv. Op. 37, Meredith Still
Nevada Supreme Court Summaries
The district court rejected appellant Richard William Hoagland’s argument that necessity is a defense to driving under the influence of alcohol (DUI). The judge did not permit Hoagland to submit jury instructions on the defense or to present evidence to the jury to support the defense. In this case, the Nevada Supreme Court considered whether a defendant may assert a necessity defense to DUI.
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi
Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi
Nevada Supreme Court Summaries
This is an appeal from a judgment of conviction in the Second Judicial District Court, pursuant to a jury verdict of second-degree felony murder by means of child abuse, neglect, or endangerment.
Summary Of State Of Nevada, Dmv V. Taylor-Caldwell, 125 Nev. Adv. Op. No. 14 , David Krawczyk
Summary Of State Of Nevada, Dmv V. Taylor-Caldwell, 125 Nev. Adv. Op. No. 14 , David Krawczyk
Nevada Supreme Court Summaries
Consideration of whether Nev. Rev. Stat. §484.384 mandates driver’s license revocation when two consecutive breath samples are obtained from a DUI suspect and only one breath sample tests over the legal limit for alcohol.
Summary Of Higgs V. State, 126 Nev. Adv. Op. No. 1, Kathleen Wilde
Summary Of Higgs V. State, 126 Nev. Adv. Op. No. 1, Kathleen Wilde
Nevada Supreme Court Summaries
A multi-faceted appeal from a Second Judicial District Court conviction of first-degree murder.
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Nevada Law Journal
The central thesis of this essay is that, consistent with the “art of overruling,” the Court could have limited Mapp, for example, by extending the good-faith reasonable mistake rationale that animates cases like United States v. Leon. As developed below, the facts of Herring are quite similar to the facts of other cases where the Court upheld police conduct that, although erroneous, seemed reasonable; accordingly, excluding the illegally obtained evidence had no value as a deterrent of future conduct in light of the reasonableness of the police officer's mistake. However, Herring goes much further and points towards a much greater …
Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin
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
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.
Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky
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.
Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney
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
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.
Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi
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.
Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway
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
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.
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks
Scholarly Works
The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …
Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman
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
Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe
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.
Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld
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.
Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie
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.