Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (258)
- Evidence (15)
- Constitutional Law (13)
- Civil Procedure (3)
- Civil Rights and Discrimination (3)
-
- Juvenile Law (3)
- Courts (2)
- Family Law (2)
- Jurisdiction (2)
- Legislation (2)
- Common Law (1)
- Contracts (1)
- Elder Law (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Government Contracts (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Other Law (1)
- Privacy Law (1)
- State and Local Government Law (1)
- Torts (1)
- Keyword
-
- Criminal Law (9)
- Criminal law (6)
- CRIMINAL LAW (5)
- Evidence (4)
- Juvenile (4)
-
- Criminal Appeal (3)
- Criminal Procedure (3)
- Criminal procedure (3)
- Habeas corpus (3)
- Jury instructions (3)
- Sentencing (3)
- Batson objection (2)
- Burglary (2)
- CRIMINAL APPEAL (2)
- CRIMINAL LAW: EVIDENCE (2)
- Constitutional law (2)
- Death Penalty (2)
- Elder Exploitation (2)
- Grand Jury (2)
- Jury Instructions (2)
- Kidnapping (2)
- PSI (2)
- Parole (2)
- Right to a fair trial (2)
- Venire (2)
- Voir dire (2)
- ADMISSIBILITY OF PRIOR BAD ACTS (1)
- AND SELF INCRIMINATION IN MEDICAL MARIJUANA REGISTRIES (1)
- APPEAL (1)
- Abetting (1)
Articles 1 - 30 of 317
Full-Text Articles in Criminal Law
Allen V. State Of Nevada, 142 Nev. Adv. Op. 45 (July 22, 2026), Michael Martinelli
Allen V. State Of Nevada, 142 Nev. Adv. Op. 45 (July 22, 2026), Michael Martinelli
Nevada Supreme Court Summaries
In an alternative-suspect defense to sexual assault, evidence of prior similar sexual offenses by the alternative suspect is relevant to establish propensity thereby making the defense theory more probable.
Causey V. Eighth Jud. Dist. Ct., 142 Nev. Adv. Op. 43 (June 18, 2026), Madeleine Langhoff
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
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.
State Of Nevada V. Rocky Stanley Salazar, 123 Nev. Adv. Op. 45 (May 28, 2026), Bowen Fuller
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
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
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
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
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
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
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
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
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.
Austin V. State [State Of Nevada], 142 Nev., Adv. Op. 12 (Feb. 26, 2026, Erika Loveland
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
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.
Young V. State [Of Nevada], 141 Nev. Adv. Op. 47 (Oct. 16, 2025), Madeleine Langhoff
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
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
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
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.
Price (Anthony) V. The Second Judicial District Court, 141 Nev. Adv. Op. 17 (Apr. 17, 2024), Ayanna Pope
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.
Garcia V. State, 141 Nev. Adv. Op. 16 (Apr. 17, 2025), Grace Michaelson
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.
Sena (Christopher) V. State, 138 Nev. Adv. Op. 34 (May 26, 2022), Servando Martinez
Sena (Christopher) V. State, 138 Nev. Adv. Op. 34 (May 26, 2022), Servando Martinez
Nevada Supreme Court Summaries
In an opinion drafted by Justice Herndon, the Court clarified their application of the statute of limitations to crimes involving sexual abuse of children, concluding that the statute of limitations did not preclude any of the charges originally brought against Sena and that, under the doctrine of lenity, the unit of prosecution is per victim, not per instance. Therefore, the Court vacated six of the nine incest convictions, two counts of possession of visual presentation depicting the sexual conduct of a child, and one count of child abuse or neglect. The Court ultimately remanded this case for further proceedings.
Valdez-Jimenez V. Eighth Jud. Dist. Ct.,136 Nev. Adv. Op. 20 (April 9, 2020), Katrina Weil
Valdez-Jimenez V. Eighth Jud. Dist. Ct.,136 Nev. Adv. Op. 20 (April 9, 2020), Katrina Weil
Nevada Supreme Court Summaries
The Court determined what process is constitutionally required when a district court sets bail in an amount that the defendant cannot afford, resulting in pretrial detention. The Court found that bail may only be imposed where it is necessary to reasonably ensure the defendant’s appearance at court proceedings or to reasonably protect the community. If a defendant remains in custody after arrest they are (1) entitled to an individualized hearing, where (2) the State must prove by clear and convincing evidence that bail, rather than less restrictive conditions, is necessary to ensure the defendant’s appearance at future court proceedings or …
Martinez Guzman V. Second Judicial Dist. Court, 136 Nev. Adv. Op. 12 (Mar. 26, 2020), John Mccormick-Huhn
Martinez Guzman V. Second Judicial Dist. Court, 136 Nev. Adv. Op. 12 (Mar. 26, 2020), John Mccormick-Huhn
Nevada Supreme Court Summaries
The Court clarified the ambiguity of the meaning “territorial jurisdiction,” a term of art found in NRS 172.105. The Court held that NRS 172.105 incorporates Nevada’s venue statutes and grants a grand jury the authority to “inquire into a [criminal] offense so long as the district court that empaneled the grand jury may appropriately adjudicate the defendant’s guilt for that particular offense.”
Republican Attorneys General Association V. Las Vegas Metropolitan Police Department, 136 Nev. Adv. Op. 3 (Feb. 20, 2020), Nicholas Hagenkord
Republican Attorneys General Association V. Las Vegas Metropolitan Police Department, 136 Nev. Adv. Op. 3 (Feb. 20, 2020), Nicholas Hagenkord
Nevada Supreme Court Summaries
The Court determined that (1) the district court did not err in denying appellant Republican Attorneys General Association’s (RAGA) petition for a writ of mandamus under the Nevada Public Records Act (NPRA) seeking bodycam footage regarding juveniles and former State Senator Aaron Ford’s interactions with police; and (2) the district court abused its discretion in denying RAGA’s request for other requested records by not assessing whether these records contain any nonconfidential material.
Cabrera V. State, 135 Nev. Adv. Op. 65 (Dec. 26, 2019), Trisha Delos Santos
Cabrera V. State, 135 Nev. Adv. Op. 65 (Dec. 26, 2019), Trisha Delos Santos
Nevada Supreme Court Summaries
The Court determined that the plain language of NRS § 194.010(8) cannot be interpreted to limit the duress defense with respect to crimes that are not punishable with death, regardless of the relationship between those crimes and another crime that is punishable with death.
High Desert State Prison V. Sanchez, 135 Nev., Adv. Op. 68 (Dec. 26, 2019), Jeff Garrett
High Desert State Prison V. Sanchez, 135 Nev., Adv. Op. 68 (Dec. 26, 2019), Jeff Garrett
Nevada Supreme Court Summaries
NRS § 209.4465 does not allow for good time served to be credited for those who commit child lewdness. The Court held that in order for a violation to be a continuous crime, the statute must be explicitly label the crime as continuous. Here, Respondent’s time served had been properly calculated by the district court because Respondent’s violation was codified as a one-time offense and occurred before the 2007 amendment to NRS § 209.4465. The language of the violated statutes define attempted lewdness with a child to be a one-time offense and not a continuous offense. Furthermore, the State’s assertion …
Witter V. State, 135 Nev. Adv. Op. 73444 (Nov. 14, 2019), John Bays
Witter V. State, 135 Nev. Adv. Op. 73444 (Nov. 14, 2019), John Bays
Nevada Supreme Court Summaries
The Court determined that (1) a judgment of conviction containing a restitution provision must contain the specific amount of restitution required; (2) a judgment of conviction containing an indeterminate restitution provision is not a final judgement for purposes of appeal or for purposes of triggering the deadline for filing a habeas petition; and (3) the principle of finality requires that even when such an error is made, if the defendant treats the judgment as final by litigating, the defendant is estopped from later arguing that judgment was not final and that subsequent proceedings were null and void for lack of …
Gathrite V. Eighth Jud. Dist. Ct., 135 Nev. Adv. Op. 54 (Nov. 7, 2019), Skylar Arakawa-Pamphilon
Gathrite V. Eighth Jud. Dist. Ct., 135 Nev. Adv. Op. 54 (Nov. 7, 2019), Skylar Arakawa-Pamphilon
Nevada Supreme Court Summaries
For purposes of NRS 172.135(2), evidence that has been suppressed in justice court proceedings on a felony complaint is not “legal evidence,” and therefore, may not be presented to a grand jury. The Court will grant an exception to this rule if the suppression was reversed before the grand jury proceedings.
State Bd. Of Parole Comm’Rs V. Second Judicial Dist. Court, 135 Nev. Adv. Op. 53 (Oct. 24, 2019) (En Banc), Dallas Anselmo
State Bd. Of Parole Comm’Rs V. Second Judicial Dist. Court, 135 Nev. Adv. Op. 53 (Oct. 24, 2019) (En Banc), Dallas Anselmo
Nevada Supreme Court Summaries
The Court confronted several issues in this methodical decision. The Court addressed standing and discretionary review in the context of writ petitions. It next analyzes and determines the applicable version of a particular NRS section. Finally, the Court interprets the applicable version of the statute. The opinion culminates in the granting of a writ of mandamus petition for the Parole Board to correct an inaccurate application of law at the district court level.
Newson V. State, 135 Nev. Adv. Op. 50 (Oct. 10, 2019), Richard Young
Newson V. State, 135 Nev. Adv. Op. 50 (Oct. 10, 2019), Richard Young
Nevada Supreme Court Summaries
The Court determined although the district court has broad discretion to settle jury instructions, the failure to instruct the jury on a defendant’s theory of a case that is supported by any evidence warrants reversal unless the error was harmless.