Criminal Procedure Commons^™

Stafford V. State [State Of Nevada], 142 Nev. Adv. Op. 59 (Aug. 27, 2026), Giselle Garcia-Contreras

Nevada Supreme Court Summaries

Stafford v. State holds that an in-custody defendant’s failure to appear at a hearing does not relieve the State of its plea agreement obligations, as the State controls the defendant’s ability to appear.

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.

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.

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.

Time Out For Transfer: Youth Transfer As Punishment, Kristina Kersey

Nevada Law Journal

The confidentiality of the juvenile court, while laudable in protection of the children charged, often means that people, in general, have little understanding of the inner workings of the court. One of the opaquest practices in juvenile court is how, when, and under which circumstances youth are prosecuted as adults. The cases that do reach the headlines are the most salacious, which leads to a confirmation bias on both the need and the appropriateness of the practice of transfer.

Many scholars have discussed the undeniable impact of adolescent development research on juvenile legal jurisprudence and a general reimaging of diminished …

Aubry (Malcolm) V. State 142 Nev. Adv. Op. 14 (Feb. 26, 2026), Francesca Manz

Nevada Supreme Court Summaries

Nevada Supreme Court holds that NRS 174.035 permits juries to consider voluntary intoxication with a disease or defect of the mind in evaluating insanity, so long as intoxication is not the sole cause; conflicting jury instruction required reversal and remand.

Silvanus V. State Of Nevada, 142 Nev. Adv. Op. 15 (Feb. 26, 2026), Rocco Marino

Nevada Supreme Court Summaries

In cases with split ‘guilty but mentally ill’ and ‘not guilty by reason of insanity’ verdicts, district courts retain discretion in sequencing civil commitment and incarceration under NRS 175.539 and NRS 175.533.

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.

Isaiha Duckket V. The State Of Nevada, 142 Nev. Adv. Op. 9 (Feb. 05, 2026), Adrienne Jack-Sands

Nevada Supreme Court Summaries

In Duckket v. State, the Supreme Court of Nevada found no error in allowing a criminal defendant to represent himself despite multiple competency evaluations before and during trial, nor was his right to a speedy trial infringed when none of the delays were caused by the State.

Williams V. The Second Judicial District Court Of The State Of Nevada, 142 Nev. Adv. Op. 5 (Jan. 29, 2026), Kaleigh Evanchak

Nevada Supreme Court Summaries

The Nevada Supreme Court may reassign a district judge in a criminal case to preserve fairness and the presumption of innocence, even if the judge will not be disqualified for judicial bias.

Ajay (Ajay) V. State, 142 Nev. Adv. Op. 4 (Jan. 15, 2026), David Elder

Nevada Supreme Court Summaries

A waiver of Miranda rights is invalid if the rights are only explained in English and the criminally accused individual has limited English proficiency.

Rogers V. State Of Nevada, 142 Nev. Adv. Op. 3 (Jan. 15, 2026), Luis Dorantes

Nevada Supreme Court Summaries

NEITHER NRS 176.055 NOR NRS 178.463 PERMITS CREDITING TIME PREVIOUSLY SERVED IN PRISON ON VACATED CRIMINAL CONVICTIONS AGAINST THE LENGTH OF A CIVIL COMMITMENT.

Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa

Scholarly Works

No abstract provided.

State Of Nevada V. Dubuc, 141 Nev. Adv. Op. 67 (Dec. 23, 2025), Amanda Vaskov

Nevada Supreme Court Summaries

Under the Nevada Constitution, a warrantless search of a suspect’s companion is unreasonable.

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.

State Of Nevada V. Eighth Judicial District And Kirk, Jr., 141 Nev. Adv. Op. 60 (Nov. 26, 2025), Kerri Richards

Nevada Supreme Court Summaries

No abstract provided.

Camacho (Ocean) V. State [State Of Nevada], 141 Nev. Adv. Op. 52 (Nov. 06, 2025), Nathan Mackay

Nevada Supreme Court Summaries

Because the photo array process used to identify the defendant was not unnecessarily suggestive, and there were no other reversible errors in his trial, Camacho's conviction is affirmed.

Stewart V. Nev. Bd. Parole Comm’Rs, 123 Nev. Adv. Op. 45 (Sep 25, 2025)., Bowen Fuller

Nevada Supreme Court Summaries

In Stewart v. Board, the Nevada Supreme Court clarified that the presumption of vindictiveness articulated in North Carolina v. Pearce (1969) applies to the Parole Board in the same way it applies to any tribunal.

Pizarro V. State Of Nevada, 141 Nev. Adv. Op. 44 (Sept. 18, 2025), Charnel Gibson

Nevada Supreme Court Summaries

CLARIFYING THE STANDARD AND BURDEN OF PROOF FOR ADMISSION TO NEVADA’S GAMBLER’S DIVERSION COURT UNDER NRS 458A.220; THE NEVADA SUPREME COURT HELD THE DISTRICT COURT DETERMINES A DEFENDANT’S ADMISSION INTO GAMBLER’S DIVERSION COURT AND HAS WIDE DISCRETION IN MAKING THIS FINDING. FURTHER, IT IS THE DEFENDANT WHO BEARS THE BURDEN OF PROVING ELIGIBILITY FOR PLACEMENT INTO THE SPECIALTY COURT.

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

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.

State V. Desavio, 141 Nev. Adv. Op. 25 (May 22, 2025), William Ewell

Nevada Supreme Court Summaries

DISMISSAL OF CLAIM WITHOUT PREJUDICE APPROPRIATE NEXT STEP WHEN STATE AGENCY FAILS TO REMEDY ONGOING PREJUDICE AGAINST INCOMPETENT DEFENDANT IN VIOLATION OF COURT ORDER

State Of Nevada V. Eighth Judicial District Court, 141 Nev. Adv. Op. 27 (June 5, 2025)., Jacob M. Ginsburg

Nevada Supreme Court Summaries

An order resolving a motion to correct an illegal sentence is not a final judgment or verdict and is therefore appealable by the state.

Kosor, Jr. V. S. Highlands Cmty. Ass’N, 141 Nev. Adv. Op. 34 (Jun. 18, 2025), Grace Michaelson

Nevada Supreme Court Summaries

A statutory pre-suit alternative dispute resolution requirement, like NRS 38.310, is a mandatory procedural rule, not a jurisdictional bar, and may be waived or forfeited if not timely raised.

Exonerations For Wrongfully Convicted Disabled Inmates: The Path To Salvation Is Paved With Bad Intentions, Marc Consalo

Nevada Law Journal

No abstract provided.

Not Demented Enough: Dementia And Competency To Stand Trial, Rashmi Goel

Nevada Law Journal

No abstract provided.

"A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Scholarly Works

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Presumed Guilt: Epistemic Closure In Pregnancy Prosecutions, M. Eve Hanan

Scholarly Works

Criminal law and reproductive justice scholars are calling attention to the increase in prosecutions for pregnancy outcomes in the United States. Trace amounts of controlled substances in newborns are prosecuted as child abuse. Miscarriages are prosecuted as illegal abortions or homicides. This area of criminal law existed side-by-side with Roe v. Wade for late-term pregnancy outcomes. The Dobbs decision has further emboldened these prosecutions by removing the protections of the Due Process Clause from the pre-viability phase of the pregnancy.

Using a case study of a woman who was pressured to plead guilty to manslaughter and sentenced to eight years …

Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson

Scholarly Works

In recent years, tablets have gained tremendous popularity behind bars for their ability to expand access to educational and rehabilitative services for people in prison. However, there are downsides to tablet implementation, including high costs at the expense of a captive population and shifting power dynamics resulting in possible volatility. This Article examines the use of correctional tablets in jails and prisons as mechanisms for administrative control and profit-making in an era of beleaguered correctional budgets. It also considers legal and policy implications related to the disproportionately negative impact of the introduction of tablets on people in poverty, increased dependency …

Catholic Sexual Abuse In Louisiana, Leslie C. Griffin

Scholarly Works

No abstract provided.