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Articles 271 - 300 of 317
Full-Text Articles in Criminal Law
Summary Of Miller V. State, 121 Nev. Adv. Op. 10 And Summary Of Daniel V. State, 121 Nev. Adv. Op. 11, Hagar Labouz
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 …
Summary Of Sparks V. State, 120 Nev. Adv. Op. 12, Bryce Loveland
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
Summary Of Garcia V. State , Justin L. Carley
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 …
Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan
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.
Summary Of Wright V. Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 14, Scott Mcdonald
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
Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster
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.
Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka
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 …
Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross
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 …
Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins
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 …
Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr.
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 …
Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher
Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati
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.
Summary Of Maiola V. State Of Nevada, 120 Nev. Adv. Op. 76, Clarke Walton
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.
Summary Of Allred V. State, 120 Nev. Adv. Op. 47, Hilary Barrett Muckleroy
Summary Of Allred V. State, 120 Nev. Adv. Op. 47, Hilary Barrett Muckleroy
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Bailey V. State, Scott Whittemore
Summary Of Bailey V. State, Scott Whittemore
Nevada Supreme Court Summaries
No abstract provided.
Summary Of State V. Dist. Ct. (Epperson), 120 Nev. Adv. Op. 30, Angela Morrison
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.
Summary Of Morgan V. State, 120 Nev. Adv.Op.No.25, Ronda Heilig
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
Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis
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.
Summary Of Ebeling V. State, 120 Nev. Adv. Rep. 50, Scott Whittemore
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.
Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen
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.
Summary Of Johnson V. State, Christina H. Wang
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.
Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley
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 …
Summary Of Martinez V. State, Scott Whittemore
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.
Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke
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.
Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison
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.
Summary Of Zabeti V. State, 120 Nev. Adv. Rep. 60, Z. Ryan Pahnke
Summary Of Zabeti V. State, 120 Nev. Adv. Rep. 60, Z. Ryan Pahnke
Nevada Supreme Court Summaries
After the Eighth Judicial District Court denied defendant’s motion to suppress evidence, he was convicted on a jury’s verdict of possession of a controlled substance. Defendant appealed.
Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal
Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal
Nevada Supreme Court Summaries
Appellant Robert McConnell murdered Brian Pierce in August 2002. The State of Nevada charged McConnell with first-degree murder and sought capital sentencing. The State alleged two theories: deliberate, premeditated murder and felony murder during the perpetration of a burglary. McConnell represented himself, pleaded guilty to first-degree murder, and presented a case in mitigation at his penalty hearing. The jury returned a sentence of death. Initially, McConnell moved to waive his appeal but eventually reconsidered and authorized counsel to fully brief all issues on appeal. Specifically, McConnell challenged the propriety of his penalty hearing and death sentence on various grounds. The …
Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore
Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore
Nevada Supreme Court Summaries
Following her conviction for six counts of driving with prohibited substance in blood or urine, one count of use of controlled substance, and one count of possession of controlled substance, petitioner sought writ of habeas corpus.
Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano
Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano
Nevada Supreme Court Summaries
Appellant Margaret Rudin (Rudin) married her husband, Ron, in September of 1987. In January of 1995, Ron’s remains were discovered at Lake Mohave, he apparently had been murdered. Shortly after the discovery of her husband’s body, Rudin boarded a plane to St. Louis, Missouri. On April 17, 1997, Rudin was indicted by the Clark County grand jury on three counts for (1) unauthorized surreptitious intrusion of privacy by listening device, (2) murder with the use of a deadly weapon and (3) accessory to murder. A warrant was then issued for her arrest. Rudin was subsequently apprehended in Massachusetts in November …
Summary Of Browning V. State, 120 Nev. Adv. Rep. 39, Nevada Law Journal
Summary Of Browning V. State, 120 Nev. Adv. Rep. 39, Nevada Law Journal
Nevada Supreme Court Summaries
Appeal from a petition for post-conviction relief dismissed by the Eighth Judicial District Court, State of Nevada, finding that Petitioner “received effective assistance of counsel and that his other claims were procedurally barred.”