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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 391 - 420 of 504

Full-Text Articles in Criminal Law

Summary Of State V. Dist. Court (Riker), 121 Nev. Adv. Op. 25, Kimberly Lou Jun 2005

Summary Of State V. Dist. Court (Riker), 121 Nev. Adv. Op. 25, Kimberly Lou

Nevada Supreme Court Summaries

The State of Nevada convicted David Robert Riker (“Riker”) for murder. Riker filed two sets of post-conviction petitions for the writ of habeas corpus—one in 1998 and one in 2004. The district court denied the 1998 petition, but granted the 2004 petition and an evidentiary hearing. The State of Nevada petitioned the Nevada Supreme Court for a writ of mandamus or prohibition arguing that Riker’s habeas corpus claims are procedurally barred and that the district court exceeded its jurisdiction in granting a hearing. The Nevada Supreme Court agreed in part with the State and ordered the district court to apply …

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Summary Of Rosky V. State, 121 Nev. Adv. Op. No. 22, Jason Peck May 2005

Summary Of Rosky V. State, 121 Nev. Adv. Op. No. 22, Jason Peck

Nevada Supreme Court Summaries

Police executed a search warrant at John Rosky’s apartment as part of an investigation into the sexual assault of a 13-year-old girl. Two police officers eventually drove Rosky to a police substation for questioning but they did not formally arrest him or administer Miranda warnings. Police informed Rosky that his participation was voluntary and that he was free to leave at any time. At one point during the questioning, Rosky took a ten-minute break and went outside the police station unaccompanied by the detectives. The detectives used mild forms of deception and confronted Rosky with their belief that he was …

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Summary Of Viray V. State, 121 Nev. Adv. Op. 19, Chris Orme May 2005

Summary Of Viray V. State, 121 Nev. Adv. Op. 19, Chris Orme

Nevada Supreme Court Summaries

A jury convicted Benjardi Batucan Viray for lewdness with a minor. He appealed claiming that there was an improper inclusion of new information at a preliminary hearing and that this inclusion was sufficient to declare a mistrial. The Nevada Supreme Court held that a change in the factual situation is not sufficient to declare a mistrial if the inclusion of new information does not affect the defendant’s substantial rights and the charged offense remained the same. The second issue was whether a court should declare a mistrial when a juror disregards the admonishment of the court to not speak about …

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Summary Of Miller V. State, 121 Nev. Adv. Op. 10 And Summary Of Daniel V. State, 121 Nev. Adv. Op. 11, Hagar Labouz Apr 2005

Summary Of Miller V. State, 121 Nev. Adv. Op. 10 And Summary Of Daniel V. State, 121 Nev. Adv. Op. 11, Hagar Labouz

Nevada Supreme Court Summaries

Both Miller and Daniel arise out of a Las Vegas Metropolitan Police Department (LVMPD) decoy program designed to combat an increase in street-level robberies occurring in downtown Las Vegas. In Miller, a detective with the LVMPD disguised himself as an intoxicated vagrant and carried exposed cash in his pocket. The detective then positioned himself across from a bus station and leaned against a chain link fence. Richard Miller, an individual walking down the street, approached the detective and asked him for money. When the detective refused, Miller pulled the detective closer to him and took the cash from the detective’s …

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Summary Of Sparks V. State, 120 Nev. Adv. Op. 12, Bryce Loveland Apr 2005

Summary Of Sparks V. State, 120 Nev. Adv. Op. 12, Bryce Loveland

Nevada Supreme Court Summaries

The Nevada Supreme Court held that “Failure to Appear” clauses are not unconscionable in plea agreements and upheld one in this case.c

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Summary Of Garcia V. State , Justin L. Carley Jan 2005

Summary Of Garcia V. State , Justin L. Carley

Nevada Supreme Court Summaries

Ramon Garcia appealed his convictions for: (1) burglary while in possession of a firearm, (2) robbery with the use of a deadly weapon, (3) first-degree kidnapping, 4. conspiracy to commit burglary, (5) another burglary while in the possession of a firearm, 6. conspiracy to commit robbery, (7) attempted robbery with the use of a deadly weapon, and 8. false imprisonment. Garcia argued that: (1) the jury instruction on false imprisonment was improper, (2). the state presented insufficient evidence to support a verdict on kidnapping and false imprisonment, (3) the district court erroneously failed to hold a hearing on his motion …

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Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan Jan 2005

Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan

Nevada Supreme Court Summaries

Petitioner, seeking a writ of mandamus, contended that the district court abused its discretion by awarding defendant credit against her prison sentence for time served on house arrest as a condition of bail.

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Summary Of Wright V. Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 14, Scott Mcdonald Jan 2005

Summary Of Wright V. Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 14, Scott Mcdonald

Nevada Supreme Court Summaries

The defendant appealed the Department of Motor Vehicles’ (DMV) revocation of his driver’s license because he believed the arresting officer was without reasonable grounds for ordering an evidentiary blood alcohol test.2 Defendant also challenged the reliability of the field sobriety test (“FST”) as administered and questioned whether the DMV revoked his privileges with proper authority.3

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Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster Jan 2005

Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, entered after jury verdict, for one count of attempted sexual assault.

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Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka Jan 2005

Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka

Nevada Supreme Court Summaries

Troy Anthony Foster, appellant, was charged with four counts of sexual assault and one count of kidnapping. A jury found Foster guilty of three counts of sexual assault and acquitted him on one count of sexual assault and of kidnapping. Foster appealed his conviction asserting five assignments of error. The Nevada Supreme Court rejected Foster’s contentions concluding in part the evidence presented at trial was more than sufficient to sustain the jury’s verdict. Foster then filed a post-conviction petition for a writ of habeas corpus in district court, claiming ineffective assistance of both trial and appellate counsel. The district court …

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Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary E. Berkheiser Jan 2005

Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary E. Berkheiser

Scholarly Works

Nevada Supreme Court Justice Miriam Shearing retired at the end of her second term on January 4, 2005. Over the nearly thirty years of her very public life on the bench, many have written of her accomplishments as the firs woman to enter the brotherhood of the Nevada judiciary. With Justice Sharing’s retirement, the time is ripe for an examination of her judicial decisions during the twelve years she served on the Nevada Supreme Court. The analysis here provides one perspective on her body of work. It begins, as it must, with a glimpse into the person behind the work.

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Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett Jan 2005

Making Work Pay: Promoting Employment And Better Child Support Outcomes For Low-Income And Incarcerated Parents, Ann Cammett

Scholarly Works

The New Jersey Institute for Social Justice prepared this report in response to concerns about child support debt—in particular as it creates a barrier to employment for low-income parents and works at cross-purposes with the goals of the child support program. Drawing on examples from other states, this report identifies a range of policies that inform child support practice in New Jersey and offers administrative, legislative, and programmatic solutions to address child support arrears owed by low-income and incarcerated parents.

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Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross Jan 2005

Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross

Nevada Supreme Court Summaries

Defendant Martha Flores was found guilty of first-degree murder by child abuse of her five-year-old stepdaughter, Zoraida Flores. Postmortem examinations concluded that the child had been physically abused and her death was caused by a blunt-force trauma to the head. Flores resided with her husband, Jose Flores, his five-year-old daughter Zoraida, Flores’ daughters and mother and an infant. Flores was the primary caregiver of the family while Jose worked to support them. On January 28, 2001, emergency medical personnel responded to the Flores’ apartment and provided assistance to Zoraida. They were unable to resuscitate the child. The postmortem examination of …

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Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins Jan 2005

Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins

Nevada Supreme Court Summaries

In April 2001, Hymon stole a purse from a woman in the lobby of an auto repair shop. He ran, and two of the shop’s mechanics pursued him. They caught up to him when he fell on the curb, but he stood and swung a four- to six-inch long pocketknife. They backed away, allowing him to escape, but the police apprehended him shortly thereafter. After Hymon requested to represent himself, the district court conducted a Faretta canvass,2 and concluded that Hymon was competent to waive his right to counsel. Hymon was uncooperative and unwilling to communicate with the prosecutor, so …

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Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr. Jan 2005

Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr.

Nevada Supreme Court Summaries

In November 2003 the Las Vegas Metropolitan Police Department executed a decoy operation targeting the crime of robbery. An officer was posed on a public street dressed as an intoxicated, off-duty casino dealer with a stack of twenty one-dollar bills visible in his left dress shirt pocket. The defendant approached the officer, made conversation and casually removed the dollar bills while placing his arm around the officer. When the officer acted as though he was turning his head to catch the defendant in the act, the defendant pushed the officer’s head away with his forearm twice. The defendant was arrested …

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Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher Dec 2004

Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher

Nevada Supreme Court Summaries

No abstract provided.

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Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati Dec 2004

Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati

Nevada Supreme Court Summaries

Defendant appealed his conviction on two counts of first-degree murder with the use of a deadly weapon, for which he received a sentence of death.

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Summary Of Maiola V. State Of Nevada, 120 Nev. Adv. Op. 76, Clarke Walton Oct 2004

Summary Of Maiola V. State Of Nevada, 120 Nev. Adv. Op. 76, Clarke Walton

Nevada Supreme Court Summaries

Petition for rehearing in an appeal from a district court order denying a motion for return of property under NRS 179.085.

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Summary Of Allred V. State, 120 Nev. Adv. Op. 47, Hilary Barrett Muckleroy Jul 2004

Summary Of Allred V. State, 120 Nev. Adv. Op. 47, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

No abstract provided.

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Summary Of Bailey V. State, Scott Whittemore Jun 2004

Summary Of Bailey V. State, Scott Whittemore

Nevada Supreme Court Summaries

No abstract provided.

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Summary Of State V. Dist. Ct. (Epperson), 120 Nev. Adv. Op. 30, Angela Morrison May 2004

Summary Of State V. Dist. Ct. (Epperson), 120 Nev. Adv. Op. 30, Angela Morrison

Nevada Supreme Court Summaries

The State sought a writ of mandamus or prohibition to prevent the district court from ordering the State, as part of discovery pursuant to a criminal case, to turn over a copy of a child pornography videotape to the defense counsel.

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Summary Of Morgan V. State, 120 Nev. Adv.Op.No.25, Ronda Heilig May 2004

Summary Of Morgan V. State, 120 Nev. Adv.Op.No.25, Ronda Heilig

Nevada Supreme Court Summaries

A police officer’s arrest for misdemeanor traffic offenses is not arbitrary or unreasonable when the officer has “reasonable and probable grounds to believe the defendant will disregard written notice to appear in court.”2

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Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis Jan 2004

Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis

Nevada Supreme Court Summaries

Appellant appealed his jury conviction of second-degree murder in the Second Judicial District Court. Appellant raised three issues on appeal. They were: (1) Whether the defendant waived his right to appeal the court’s ruling in limine that his prior felony conviction could be used for impeachment purposes when he introduced his convictions during direct examination. (2) Whether the proper “self-defense” jury instruction was provided to the jury, over the defendants proposed, but rejected, alternative jury instructions. (3) Whether expert testimony is admissible during the penalty phase, when the prospective expert has only generalized knowledge regarding the specifics of the case.

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Summary Of Ebeling V. State, 120 Nev. Adv. Rep. 50, Scott Whittemore Jan 2004

Summary Of Ebeling V. State, 120 Nev. Adv. Rep. 50, Scott Whittemore

Nevada Supreme Court Summaries

The defendant contended that the district court erred in sentencing him on redundant convictions.

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Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen Jan 2004

Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen

Nevada Supreme Court Summaries

This case was an appeal from a judgment of conviction, entered pursuant to a jury verdict of one count of burglary, one count of obtaining and using personal identification information of another, one count of fraudulent use of a credit or debit card, and eight counts of possession of a credit card without the cardholder’s consent.

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Summary Of Johnson V. State, Christina H. Wang Jan 2004

Summary Of Johnson V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of uttering a forged instrument and one count of principal to commit uttering a forged instrument.

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Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley Jan 2004

Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley

Nevada Supreme Court Summaries

Clyde Means was charged with one count of open or gross lewdness and three counts of sexual assault upon his nineteen year old son. At trial, the jury was empaneled but the district court conducted a hearing to determine the admissibility of Means’ prior bad acts. Because the district court ruled that the acts were admissible, Means, through his attorneys, negotiated a plea bargain. Means would plead guilty to one count of sexual assault in exchange for dismissal of the other charges. Means was informed that he would face two to twenty years in prison, fines, and be required to …

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Summary Of Martinez V. State, Scott Whittemore Jan 2004

Summary Of Martinez V. State, Scott Whittemore

Nevada Supreme Court Summaries

Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.

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Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke Jan 2004

Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s post-conviction petition for a writ of habeas corpus to consider whether the district court’s entry of an amended judgment of conviction provided good cause to extend the one-year limitation set forth in NEV. REV. STAT. 34.726(1) for filing a timely post-conviction petition for a writ of habeas corpus.

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Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison Jan 2004

Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison

Nevada Supreme Court Summaries

Petitioner Sam Walker filed a writ of mandamus with the Nevada Supreme Court to challenge a district court order which granted a motion by the State to unseal Walker’s criminal records. The State brought its motion pursuant to Nevada Revised Statute 179.295.

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