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Articles 121 - 150 of 317
Full-Text Articles in Criminal Law
Summary Of Coleman V. State, 130 Nev. Adv. Op. 22, Kylee Gloeckner
Summary Of Coleman V. State, 130 Nev. Adv. Op. 22, Kylee Gloeckner
Nevada Supreme Court Summaries
The Court determined whether a person who is serving a sentence of lifetime supervision may challenge that sentence by filing a post-conviction petition for a writ of habeas corpus. Summary written by Kylee Gloeckner.
Summary Of Davis V. State, 130 Nev. Adv. Op. 16, Danielle Barraza
Summary Of Davis V. State, 130 Nev. Adv. Op. 16, Danielle Barraza
Nevada Supreme Court Summaries
The Court clarified two issues: [1] whether battery is justifiable in self-defense under the same conditions that would justify homicide, and [2] when proposed jury instructions should be accepted by the trial court regarding justifiable battery.
Summary Of Sanchez-Dominguez V. State, 130 Nev. Adv. Op. 10, Brady Briggs
Summary Of Sanchez-Dominguez V. State, 130 Nev. Adv. Op. 10, Brady Briggs
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the felony murder rule applies to killings which occur only after all of the elements of the underlying felony are complete, and (2) whether the felony murder rule requires that a killing be caused by the commission of the underlying felony.
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.
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.
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.
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.
Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
Nevada Supreme Court Summaries
The Court considered the State’s motion to reconsider and other various motions regarding the sealing of the ex parte motion to substitute counsel. It further deliberated whether documents and records could be filed under seal in a pending criminal case before the Court. In addition, the Court also addressed the requirements and procedures for sealing such documents and records.
Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin
Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin
Nevada Supreme Court Summaries
The Court considered the State’s appeal from a district court order granting the defendant’s motion to withdraw her guilty plea and to dismiss the criminal case under Nevada’s prosecutorial immunity statutes, NRS 178.572 and NRS 178.574.
Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead
Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead
Nevada Supreme Court Summaries
Appeals from district court judgments of conviction based on similar questions regarding double jeopardy and redundancy. The Court considered whether a criminal defendant who is charged with both attempted murder and battery or aggravated battery through a single act can be so charged, or whether such a charge constitutes double jeopardy, or violates Nevada’s common law redundancy theory.
Summary Of Goudge V. State, 128 Nev. Adv. Op. 52, Joseph Sakai
Summary Of Goudge V. State, 128 Nev. Adv. Op. 52, Joseph Sakai
Nevada Supreme Court Summaries
An appeal addressing a district court’s discretion when deciding a petition for release from a special sentence of lifetime supervision under NRS 176.0931(3) and whether the district court has the discretion to deny the release if the requirements in the statute have been met.