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Criminal Procedure Commons

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University of Nevada, Las Vegas -- William S. Boyd School of Law

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Articles 211 - 240 of 372

Full-Text Articles in Criminal Procedure

Summary Of Hoagland V. State, 126 Nev. Adv. Op. 37, Meredith Still Oct 2010

Summary Of Hoagland V. State, 126 Nev. Adv. Op. 37, Meredith Still

Nevada Supreme Court Summaries

The district court rejected appellant Richard William Hoagland’s argument that necessity is a defense to driving under the influence of alcohol (DUI). The judge did not permit Hoagland to submit jury instructions on the defense or to present evidence to the jury to support the defense. In this case, the Nevada Supreme Court considered whether a defendant may assert a necessity defense to DUI.


Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni Jul 2010

Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi Jul 2010

Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi

Nevada Supreme Court Summaries

This is an appeal from a judgment of conviction in the Second Judicial District Court, pursuant to a jury verdict of second-degree felony murder by means of child abuse, neglect, or endangerment.


Summary Of State Of Nevada, Dmv V. Taylor-Caldwell, 125 Nev. Adv. Op. No. 14 , David Krawczyk May 2010

Summary Of State Of Nevada, Dmv V. Taylor-Caldwell, 125 Nev. Adv. Op. No. 14 , David Krawczyk

Nevada Supreme Court Summaries

Consideration of whether Nev. Rev. Stat. §484.384 mandates driver’s license revocation when two consecutive breath samples are obtained from a DUI suspect and only one breath sample tests over the legal limit for alcohol.


Summary Of Higgs V. State, 126 Nev. Adv. Op. No. 1, Kathleen Wilde Jan 2010

Summary Of Higgs V. State, 126 Nev. Adv. Op. No. 1, Kathleen Wilde

Nevada Supreme Court Summaries

A multi-faceted appeal from a Second Judicial District Court conviction of first-degree murder.


Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin Dec 2009

Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin

Nevada Supreme Court Summaries

Appeal from a judgment of conviction by jury of conspiracy to commit a crime, burglary, robbery, first-degree kidnapping, and attempted grand larceny auto.


Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom Dec 2009

Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom

Nevada Supreme Court Summaries

An appeal from an Eighth Judicial District Court judgment of conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.


Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky Nov 2009

Summary Of Glover V. Dist. Court, 125 Nev. Adv. Op. No. 53, Amy Kominsky

Nevada Supreme Court Summaries

This case involved a writ of prohibition to determine if Defendant’s double jeopardy rights were violated when the district court ordered a mistrial and subsequent retrial as a “manifest necessity” based on potential jury bias because defense counsel impermissibly argued facts not in evidence.


Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney Oct 2009

Summary Of Mendoza-Lobos V. State, 125 Nev. Adv. Op. No. 49, Ryan Mcinerney

Nevada Supreme Court Summaries

Appellant Douglas Mendoza-Lobos was convicted of one count each of burglary, robbery with the use of a deadly weapon, sexual assault with the use of a deadly weapon, attempted sexual assault with the use of a deadly weapon, assault with a deadly weapon, and battery with a deadly weapon. On appeal, Mendoza-Lobos argued that the district court failed to comply with NRS 193.165(1) in imposing the sentences for the deadly weapon enhancements because it failed to articulate sufficient findings on the record. As a preliminary matter, the Court addressed whether NRS 193.165(1) (1) violated the separation-of-powers doctrine and (2) required …


Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps Oct 2009

Summary Of Wyman V. State, 125 Nev. Adv. Op. 46, Karlee Phelps

Nevada Supreme Court Summaries

Appeal from a judgment of conviction for second-degree murder, challenging the district court’s denial of Appellant’s motion to dismiss for pre-indictment delay and Appellant’s motion for certificate of materiality to obtain out-of-state mental health records.


Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi Sep 2009

Summary Of Zana V. State, 125 Nev. Adv. Op. No. 41, Anthony R. Sassi

Nevada Supreme Court Summaries

An appeal from a judgment of conviction in the Eighth Judicial District Court, pursuant to a jury verdict, of one count of open or gross lewdness, three counts of lewdness with a child under the age of fourteen, and six counts of visual representation depicting sexual conduct of a person under the age of sixteen.


Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway Jul 2009

Summary Of Funderburk V. State, 125 Nev. Adv. Op. No. 25, James Conway

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon a jury verdict, of two counts of burglary while in possession of a deadly weapon, two counts of conspiracy to commit robbery, and four counts of robbery with use of a deadly weapon.


Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston Jul 2009

Summary Of Mcconnell V. State, 125 Nev. Adv. Op. No. 24, Ian Houston

Nevada Supreme Court Summaries

Appeal from an order of the district court dismissing appellant’s post-conviction petition for a writ of habeas corpus in a death penalty case.


Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman Jun 2009

Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman

Nevada Supreme Court Summaries

Appellant Daniel Anthony Ramet was convicted of first-degree murder. On appeal, Ramet contended that the testimony concerning his refusal to consent to a search of his home, taken together with the prosecutor’s comment on it, was violative of his Fourth Amendment rights. The Court concluded that the district court erred in allowing testimony and argument regarding Ramet’s invocation of his Fourth Amendment right. However, they further concluded that the error in admitting the statements was harmless. The Court therefore affirmed Ramet’s conviction.Óÿ


Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe May 2009

Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe

Nevada Supreme Court Summaries

The Court took this opportunity to align Nevada’s standard for emergency home entries with the recent Supreme Court opinion in Brigham City v. Stuart.2 The Supreme Court held in that case that for a warrantless entry to be lawful there must be an objectively reasonable basis to believe that a party inside is in danger.3 Accepting this standard eliminates Nevada’s previous test, which allowed courts to look at the law enforcement agent’s lack of intent to arrest or search.


Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld Apr 2009

Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

Petitioners filed writs of mandamus challenging the district court orders denying petitioners’ requests to present evidence during competency hearings.


Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie Apr 2009

Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie

Nevada Supreme Court Summaries

Consolidated writs for mandamus challenging the district court’s denial of petitioners’ request for full and complete copies of competency examination reports prior to competency hearing.


Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis Mar 2009

Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz Jan 2009

Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz

Nevada Supreme Court Summaries

Consolidated petitions for writs of mandamus that challenged district court failures to consider applications pursuant to NRS 484.37941 on their merits.


Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson Jan 2009

Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson

Nevada Supreme Court Summaries

Original petition for a writ of mandamus challenging the district court’s decision to deny petitioner’s request to apply for treatment.


"Who's The Man?": Masculinities Studies, Terry Stops, And Police Training, Frank Rudy Cooper Jan 2009

"Who's The Man?": Masculinities Studies, Terry Stops, And Police Training, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper examines how masculinity contests specifically, and masculinities studies generally, affect policing. He reviews the hegemonic masculinities school of thought and identifies the following background principles of the hegemonic pattern of masculinities in the United States: (1) men's concern with the opinions of other men; (2) anxiety over whether one has proved one's manhood; (3) a competitiveness reflected in a need to dominate other men and a general aggressiveness; and (4) a denigration of contrast figures reflected in a repudiation of femininity and homosexuality as well as subordination of racial minorities. Then he identifies …


Rob Once, Serve Twice?: Punishment Under Both The Federal Bank Robbery Act And The Hobbs Act Violates The Double Jeopardy Clause, Jamie Zimmerman Jan 2009

Rob Once, Serve Twice?: Punishment Under Both The Federal Bank Robbery Act And The Hobbs Act Violates The Double Jeopardy Clause, Jamie Zimmerman

Nevada Law Journal

No abstract provided.


Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani Nov 2008

Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani

Nevada Supreme Court Summaries

Cumulative effect of prosecutorial misconduct and the abuse of discretion on the part of the district court through a failure to give the jury a written bifurcation instruction and the resultant effect of juror misconduct warrants reversal warranted reversal of a first-degree murder and attempted murder conviction.


Summary Of State V. Harte, 124 Nev. Adv. Op. No. 82, Ian Houston Oct 2008

Summary Of State V. Harte, 124 Nev. Adv. Op. No. 82, Ian Houston

Nevada Supreme Court Summaries

Appeal from a district court order partially granting a post-conviction petition for a writ of habeas corpus in a death penalty case.


Summary Of Hernandez V. State, 124 Nev. Adv. Op. 83, Julian R. Gregory Oct 2008

Summary Of Hernandez V. State, 124 Nev. Adv. Op. 83, Julian R. Gregory

Nevada Supreme Court Summaries

Appeal from a district court order denying Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.


Summary Of Rubio V. State, 124 Nev. Adv. Op. No. 87, Holly Cheong Oct 2008

Summary Of Rubio V. State, 124 Nev. Adv. Op. No. 87, Holly Cheong

Nevada Supreme Court Summaries

Appeal from a district court order denying relief for ineffective assistance in a criminal case resulting in deportation.


Summary Of Knipes V State, 124 Nev. Adv. Op. No. 79, Miranda Mahe Oct 2008

Summary Of Knipes V State, 124 Nev. Adv. Op. No. 79, Miranda Mahe

Nevada Supreme Court Summaries

Appeal from a conviction of driving under the influence causing death on the basis that the district court failed to follow the procedural safeguards for juror questioning.


Summary Of Davidson V. State, 124 Nev. Adv. Op. 76, Moorea Katz Oct 2008

Summary Of Davidson V. State, 124 Nev. Adv. Op. 76, Moorea Katz

Nevada Supreme Court Summaries

Appeal from a criminal conviction of two counts of burglary, two counts of robbery, two counts of battery, and adjudication as a habitual criminal.


The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown Oct 2008

The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown

Nevada Law Journal

No abstract provided.


Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen Sep 2008

Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen

Nevada Supreme Court Summaries

Donald Mitchell appeals his second-degree murder conviction. Mitchell argues that the district court trial contained five procedural errors, the most significant being a violation of his Fifth Amendment right against self-incrimination.