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- Criminal Procedure (9)
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- AND SELF INCRIMINATION IN MEDICAL MARIJUANA REGISTRIES (1)
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- Alford plea (1)
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Articles 1 - 30 of 302
Full-Text Articles in Criminal Procedure
Stafford V. State [State Of Nevada], 142 Nev. Adv. Op. 59 (Aug. 27, 2026), Giselle Garcia-Contreras
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
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
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
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.
Aubry (Malcolm) V. State 142 Nev. Adv. Op. 14 (Feb. 26, 2026), Francesca Manz
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
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
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
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
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
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
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.
State Of Nevada V. Dubuc, 141 Nev. Adv. Op. 67 (Dec. 23, 2025), Amanda Vaskov
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
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
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
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
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
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
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.
State V. Desavio, 141 Nev. Adv. Op. 25 (May 22, 2025), William Ewell
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
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
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.
Guidry V. State, 138 Nev. Adv. Op. 39 (June 2, 2022), Candace Mays
Guidry V. State, 138 Nev. Adv. Op. 39 (June 2, 2022), Candace Mays
Nevada Supreme Court Summaries
The Supreme Court of Nevada, reviewing the case de novo, considered whether the errors committed by the prosecution at trial entitled the appellant to relief from her convictions. The Court held that the ambiguous jury instruction on the count of second-degree murder was a prejudicial error, warranting a reversal of the conviction. As to the charges of robbery, grand larceny, and leaving the scene, for which the appellant was also convicted, claims of prosecutorial misconduct and challenges to the sufficiency of evidence were not sufficient to warrant a reversal. Given the reversal on the second-degree murder charge, however, the Court …
Bennett V. State, 138 Nev. Adv. Op. 29 (Apr. 28, 2022), Anne-Greyson Long
Bennett V. State, 138 Nev. Adv. Op. 29 (Apr. 28, 2022), Anne-Greyson Long
Nevada Supreme Court Summaries
Years after a jury sentenced Bennett to death, newly discovered evidence was presented. This case thoroughly explains whether a new evidentiary hearing must be granted. The statutory scheme providing for a petition to establish factual innocence is a relatively new addition to Nevada law.[1] Bennett v. State provided an opportunity to address the statutory provisions that guided the district court’s decision whether to order a hearing on this type of petition. The Court clarified two considerations relevant to the pleading requirements a petition must satisfy under NRS 34.960(2)(b): (1) a petition may rely on a witness’s recantation of trial …
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.
Anderson V. State, 135 Nev. Adv. Op. 56 (Nov. 27, 2019), Tayler Bingham
Anderson V. State, 135 Nev. Adv. Op. 56 (Nov. 27, 2019), Tayler Bingham
Nevada Supreme Court Summaries
The Court determined that (1) when the government relies on the forfeiture exception of the Confrontation Clause to introduce a witness’s out-of-court statements, the burden of proof the litigant must meet is that of preponderance of the evidence; and (2) that a trial court does not abuse its discretion in denying a motion to substitute counsel and thereby violate the Sixth Amendment right to counsel when the trial court holds a Young hearing for each motion and enough evidence indicates there is not a complete breakdown in the attorney-client relationship.
Poasa V. State, 135 Nev. Adv. Op. 57 (Nov. 27, 2019), Gillian Block
Poasa V. State, 135 Nev. Adv. Op. 57 (Nov. 27, 2019), Gillian Block
Nevada Supreme Court Summaries
The Court reaffirmed its holding in Kuykendall v. State, interpreting NRS 176.055(1) to require sentencing courts to award credit for time served in presentence confinement.
White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda
White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda
Nevada Supreme Court Summaries
No abstract provided.