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Criminal Law Commons

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University of Nevada, Las Vegas -- William S. Boyd School of Law

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Articles 331 - 360 of 504

Full-Text Articles in Criminal Law

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse Jan 2008

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse

Scholarly Works

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …


The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii Jan 2008

The Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Scholarly Works

This Article offers a critique of Nevada's Harnisch cases and calls for the Nevada Supreme Court to reconsider its ruling. The authors begin by examining the historical development of the automobile exception, beginning with Carroll v. United States. There the Supreme Court reasoned that both probable cause and the exigency of the mobility of automobiles justified a search without a warrant. But almost seventy-five years later, in Maryland v. Dyson, the Court clarified its conclusion that the automobile exception has no separate exigency requirement. In turn, the authors will then examine Nevada's application of the automobile exception prior to 1998's …


"All The News That's Fit To Print": The New York Times, "Yellow" Journalism, And The Criminal Trial 1892-1902, Trevor D. Dryer Jan 2008

"All The News That's Fit To Print": The New York Times, "Yellow" Journalism, And The Criminal Trial 1892-1902, Trevor D. Dryer

Nevada Law Journal

No abstract provided.


An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii Jan 2008

An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Nevada Law Journal

No abstract provided.


Nevada's Comprehensive Theft Statute: Consolidation Or Confusion?, Sherry A. Moore Jan 2008

Nevada's Comprehensive Theft Statute: Consolidation Or Confusion?, Sherry A. Moore

Nevada Law Journal

No abstract provided.


Judge Dredd: Hollywood Fiction Or Las Vegas Reality?, Michael J. Gayan Jan 2008

Judge Dredd: Hollywood Fiction Or Las Vegas Reality?, Michael J. Gayan

Nevada Law Journal

No abstract provided.


Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess Dec 2007

Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess

Nevada Supreme Court Summaries

Luis Hidalgo III and Anabel Espindola, awaiting a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another,” as required by NRS 200.033(2)(b). The other aggravator, murder to receive money, was successfully challenged as violating SCR 250(4)(c) requirements.


Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord Nov 2007

Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal Nov 2007

Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw Oct 2007

Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw

Nevada Supreme Court Summaries

Petition for a writ of mandamus challenging a district court’s order denying petitioner’s motion to substitute counsel.


Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson Sep 2007

Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon 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 Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure Sep 2007

Summary Of Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure

Nevada Supreme Court Summaries

This case is an appeal from a district court order dismissing a complaint that challenged a parole board proceeding under Nevada’s Open Meeting Law.‡Ìq


Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle Aug 2007

Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle

Nevada Supreme Court Summaries

Appellant Albert Gallegos was charged under NRS 202.360(1)(b),2 in 2004, with one count of unlawful possession of a firearm after police arrested him at his home in Clark County and found a firearm inside that home. That charge was based on a 1998 felony warrant issued by a California superior court. The California court issued the warrant when Gallegos failed to appear for sentencing after pleading nolo contendere to seven felony charges. At his Nevada trial, Gallegos testified that he did not appear for his sentencing hearing because the California superior court told him when he entered his plea that …


Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez Aug 2007

Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez

Nevada Supreme Court Summaries

Appeal from a district court’s order granting a defendant’s motion to suppress evidence found by a Las Vegas Metropolitan Police Officer during a consensual vehicle search.


Summary Of Schuster V. Eighth Jud. Dist. Ct., Nev. Adv. Op. No. 23, Sherry Moore Jun 2007

Summary Of Schuster V. Eighth Jud. Dist. Ct., Nev. Adv. Op. No. 23, Sherry Moore

Nevada Supreme Court Summaries

Petitioner filed a writ of mandamus or prohibition on the ground that the District Court improperly denied petitioner’s writ of habeas corpus and/or motion to dismiss the indictment based on the State’s improper refusal to instruct the grand jury on the law of self-defense.


Summary Of Johnson V. State, 123 Nev. Adv. Op. No. 17, Michael J. Gayan Jun 2007

Summary Of Johnson V. State, 123 Nev. Adv. Op. No. 17, Michael J. Gayan

Nevada Supreme Court Summaries

Appellant Jeffrey Lee Johnson communicated via the Internet with several undercover law enforcement officers who he thought were 14-year-old girls. Based on the nature of the conversations, Johnson was charged under the attempt provision of NRS 201.560.2 Johnson pleaded guilty to one count of violating NRS 201.560 and failed to file a direct appeal. Johnson filed a post-conviction petition for a writ of habeas corpus in the district court, claiming ineffective assistance of counsel. Johnson argued that his counsel was ineffective for not arguing that it was impossible for Johnson to violate the attempt provision of NRS 201.560 because no …


Dwi And Drugs: A Look At Per Se Laws For Marijuana, Charles R. Cordova, Jr. Mar 2007

Dwi And Drugs: A Look At Per Se Laws For Marijuana, Charles R. Cordova, Jr.

Nevada Law Journal

No abstract provided.


Summary Of Hightower V. Statehightower V. State, 123 Nev. Adv. Op. 7, Shauna Welsh Jan 2007

Summary Of Hightower V. Statehightower V. State, 123 Nev. Adv. Op. 7, Shauna Welsh

Nevada Supreme Court Summaries

Appellant Dennis Lydell Hightower appeals his conviction on the grounds that the district court erred when it denied his request to allow an incarcerated defense witness to appear at trial in civilian clothing. Hightower was convicted of one count each of gross misdemeanor conspiracy to commit larceny, gross misdemeanor unlawful taking of a motor vehicle, and felony conspiracy to commit robbery. When the victim stopped his car to help an apparent stranded bicyclist, Hightower’s codefendant, Derrick Farr, knocked the victim to the ground after repeatedly striking him in the face. While on the ground, Hightower took the victim’s wallet and …


Summary Of Santana V. State, 122 Nev. Adv. Op. No. 121, Robert Stephens Dec 2006

Summary Of Santana V. State, 122 Nev. Adv. Op. No. 121, Robert Stephens

Nevada Supreme Court Summaries

Appeal from a conviction in the Eighth Judicial District Court of 19 counts of coercion resulting in five consecutive life sentences without the possibility of parole and fourteen concurrently running life sentences. Appellant argues that the jury instructions did not instruct the jury to apply the reasonable person test and therefore seeks a new trial.


Summary Of Johnson V. State, Nev. Adv. Op. No. 113, Jason Ray Dec 2006

Summary Of Johnson V. State, Nev. Adv. Op. No. 113, Jason Ray

Nevada Supreme Court Summaries

Appeal from a death sentence and conviction by jury of four counts of first degree murder with the use of a deadly weapon, among other crimes, after a death sentence entered by a three judge panel was appealed and vacated.


Summary Of Summers V. State, Nev. Adv. Op. No. 112, Jason Ray Dec 2006

Summary Of Summers V. State, Nev. Adv. Op. No. 112, Jason Ray

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, entered after jury verdict, for first-degree murder with the use of a deadly weapon, and assault with the use of a deadly weapon, attempted murder with the use of a deadly weapon, and assault with the use of a deadly weapon, and from sentences of life in prison without the possibility of parole.


Summary Of Thomas V. State, 122 Nev. Adv. Op. 114, 148 P.3d 727, James Robertson Dec 2006

Summary Of Thomas V. State, 122 Nev. Adv. Op. 114, 148 P.3d 727, James Robertson

Nevada Supreme Court Summaries

Appeal from a death sentence following a second penalty hearing conducted pursuant to a remand by the Nevada Supreme Court.


Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen Dec 2006

Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen

Nevada Supreme Court Summaries

Appeal from the denial of a post-conviction petition for a writ of habeas corpus in a criminal case.


Summary Of Rosas V. State, Nev. Adv. Op. No. 106, Sherry Moore Dec 2006

Summary Of Rosas V. State, Nev. Adv. Op. No. 106, Sherry Moore

Nevada Supreme Court Summaries

The district court convicted Appellant of committing battery upon an officer and rejected Appellant’s proffered jury instruction on the crime resisting a public officer, a lesser-included offense of battery upon an officer.s


Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu Dec 2006

Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu

Nevada Supreme Court Summaries

NRS 178.400, Nevada's standard for a defendant's competency to stand trial, conforms to the standard set out by the United States Supreme Court in Dusky v. United States.


Summary Of State V. Rincon, 122 Nev. Adv. Op. 99, Michelle L'Hommedieu Dec 2006

Summary Of State V. Rincon, 122 Nev. Adv. Op. 99, Michelle L'Hommedieu

Nevada Supreme Court Summaries

A motorist is driving below the speed limit is, by itself, insufficient to give rise to a reasonable suspicion of driving while intoxicated warranting an investigative stop. While reasonable suspicion is not a stringent standard, it requires more than a mere observation that a motorist is driving slowly. There must be additional indicia of erratic driving or unusual behavior before a reasonable suspicion arises justifying an investigative stop. Where no reasonable suspicion exists, an inquiry stop may nonetheless be justified under the community caretaking doctrine when a police officer has an objectively reasonable belief that a slow driver is in …


Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer Nov 2006

Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer

Nevada Supreme Court Summaries

Appeal from a conviction, by jury, of two counts of preventing or dissuading a person from testifying or producing evidence, one count of first-degree kidnapping, two counts of battery with intent to commit a crime, six counts of sexual assault of a minor under 14, two counts of coercion, and two counts of lewdness with a child under 14. The primary issue on appeal was the admissibility of evidence gathered while the Appellant was committed to a mental institution for the purpose of evaluating competency to stand trial.


Is Looting Ever Justified?: An Analysis Of Looting Laws And The Applicability Of The Necessity Defense During Natural Disasters And States Of Emergency, Stephanie J. Hamrick Sep 2006

Is Looting Ever Justified?: An Analysis Of Looting Laws And The Applicability Of The Necessity Defense During Natural Disasters And States Of Emergency, Stephanie J. Hamrick

Nevada Law Journal

No abstract provided.


Summary Of Stockmeier V. Psychological Review Panel, 122 Nev. Adv. Op. No. 50, Gregory A. Hubbard Jun 2006

Summary Of Stockmeier V. Psychological Review Panel, 122 Nev. Adv. Op. No. 50, Gregory A. Hubbard

Nevada Supreme Court Summaries

The Psychological Review Panel (“Psych Panel”) held a hearing to consider whether a prisoner serving consecutive sentences for sex offenses was a threat to society if he were released on parole. The Psych Panel decided not to certify the prisoner for release, partially based on new allegations made by the victim during the hearing. The prisoner filed a district court petition for a writ of mandamus, prohibition, or habeas corpus, challenging the Psych Panel’s actions. The district court denied and dismissed the petition. The Nevada Supreme Court held that the district court abused its discretion in denying and dismissing the …


Summary Of Mejia V. State, 122 Nev. Adv. Op. 43, David T. Gluth May 2006

Summary Of Mejia V. State, 122 Nev. Adv. Op. 43, David T. Gluth

Nevada Supreme Court Summaries

Defendant Mejia appealed a judgment of the Eighth Judicial District Court after a jury convicted him of one count of sexual assault against a minor under 14 years of age and seven counts of lewdness with a minor under 14 years of age. Mejia was sentenced to two concurrent terms of life imprisonment with the possibility of parole in ten years for each count of lewdness.