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- Criminal Procedure (9)
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- AND SELF INCRIMINATION IN MEDICAL MARIJUANA REGISTRIES (1)
- APPEAL (1)
- Abuse of Discretion (1)
- Access to courts (1)
- Alford plea (1)
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Articles 211 - 240 of 302
Full-Text Articles in Criminal Procedure
Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson
Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, upon 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 Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure
Summary Of Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure
Nevada Supreme Court Summaries
This case is an appeal from a district court order dismissing a complaint that challenged a parole board proceeding under Nevada’s Open Meeting Law.‡Ìq
Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle
Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle
Nevada Supreme Court Summaries
Appellant Albert Gallegos was charged under NRS 202.360(1)(b),2 in 2004, with one count of unlawful possession of a firearm after police arrested him at his home in Clark County and found a firearm inside that home. That charge was based on a 1998 felony warrant issued by a California superior court. The California court issued the warrant when Gallegos failed to appear for sentencing after pleading nolo contendere to seven felony charges. At his Nevada trial, Gallegos testified that he did not appear for his sentencing hearing because the California superior court told him when he entered his plea that …
Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez
Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez
Nevada Supreme Court Summaries
Appeal from a district court’s order granting a defendant’s motion to suppress evidence found by a Las Vegas Metropolitan Police Officer during a consensual vehicle search.
Summary Of Schuster V. Eighth Jud. Dist. Ct., Nev. Adv. Op. No. 23, Sherry Moore
Summary Of Schuster V. Eighth Jud. Dist. Ct., Nev. Adv. Op. No. 23, Sherry Moore
Nevada Supreme Court Summaries
Petitioner filed a writ of mandamus or prohibition on the ground that the District Court improperly denied petitioner’s writ of habeas corpus and/or motion to dismiss the indictment based on the State’s improper refusal to instruct the grand jury on the law of self-defense.
Summary Of Johnson V. State, 123 Nev. Adv. Op. No. 17, Michael J. Gayan
Summary Of Johnson V. State, 123 Nev. Adv. Op. No. 17, Michael J. Gayan
Nevada Supreme Court Summaries
Appellant Jeffrey Lee Johnson communicated via the Internet with several undercover law enforcement officers who he thought were 14-year-old girls. Based on the nature of the conversations, Johnson was charged under the attempt provision of NRS 201.560.2 Johnson pleaded guilty to one count of violating NRS 201.560 and failed to file a direct appeal. Johnson filed a post-conviction petition for a writ of habeas corpus in the district court, claiming ineffective assistance of counsel. Johnson argued that his counsel was ineffective for not arguing that it was impossible for Johnson to violate the attempt provision of NRS 201.560 because no …
Summary Of Hightower V. Statehightower V. State, 123 Nev. Adv. Op. 7, Shauna Welsh
Summary Of Hightower V. Statehightower V. State, 123 Nev. Adv. Op. 7, Shauna Welsh
Nevada Supreme Court Summaries
Appellant Dennis Lydell Hightower appeals his conviction on the grounds that the district court erred when it denied his request to allow an incarcerated defense witness to appear at trial in civilian clothing. Hightower was convicted of one count each of gross misdemeanor conspiracy to commit larceny, gross misdemeanor unlawful taking of a motor vehicle, and felony conspiracy to commit robbery. When the victim stopped his car to help an apparent stranded bicyclist, Hightower’s codefendant, Derrick Farr, knocked the victim to the ground after repeatedly striking him in the face. While on the ground, Hightower took the victim’s wallet and …
Summary Of Summers V. State, Nev. Adv. Op. No. 112, Jason Ray
Summary Of Summers V. State, Nev. Adv. Op. No. 112, Jason Ray
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, entered after jury verdict, for first-degree murder with the use of a deadly weapon, and assault with the use of a deadly weapon, attempted murder with the use of a deadly weapon, and assault with the use of a deadly weapon, and from sentences of life in prison without the possibility of parole.
Summary Of Johnson V. State, Nev. Adv. Op. No. 113, Jason Ray
Summary Of Johnson V. State, Nev. Adv. Op. No. 113, Jason Ray
Nevada Supreme Court Summaries
Appeal from a death sentence and conviction by jury of four counts of first degree murder with the use of a deadly weapon, among other crimes, after a death sentence entered by a three judge panel was appealed and vacated.
Summary Of Santana V. State, 122 Nev. Adv. Op. No. 121, Robert Stephens
Summary Of Santana V. State, 122 Nev. Adv. Op. No. 121, Robert Stephens
Nevada Supreme Court Summaries
Appeal from a conviction in the Eighth Judicial District Court of 19 counts of coercion resulting in five consecutive life sentences without the possibility of parole and fourteen concurrently running life sentences. Appellant argues that the jury instructions did not instruct the jury to apply the reasonable person test and therefore seeks a new trial.
Summary Of Thomas V. State, 122 Nev. Adv. Op. 114, 148 P.3d 727, James Robertson
Summary Of Thomas V. State, 122 Nev. Adv. Op. 114, 148 P.3d 727, James Robertson
Nevada Supreme Court Summaries
Appeal from a death sentence following a second penalty hearing conducted pursuant to a remand by the Nevada Supreme Court.
Summary Of Rosas V. State, Nev. Adv. Op. No. 106, Sherry Moore
Summary Of Rosas V. State, Nev. Adv. Op. No. 106, Sherry Moore
Nevada Supreme Court Summaries
The district court convicted Appellant of committing battery upon an officer and rejected Appellant’s proffered jury instruction on the crime resisting a public officer, a lesser-included offense of battery upon an officer.s
Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen
Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen
Nevada Supreme Court Summaries
Appeal from the denial of a post-conviction petition for a writ of habeas corpus in a criminal case.
Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu
Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu
Nevada Supreme Court Summaries
NRS 178.400, Nevada's standard for a defendant's competency to stand trial, conforms to the standard set out by the United States Supreme Court in Dusky v. United States.
Summary Of State V. Rincon, 122 Nev. Adv. Op. 99, Michelle L'Hommedieu
Summary Of State V. Rincon, 122 Nev. Adv. Op. 99, Michelle L'Hommedieu
Nevada Supreme Court Summaries
A motorist is driving below the speed limit is, by itself, insufficient to give rise to a reasonable suspicion of driving while intoxicated warranting an investigative stop. While reasonable suspicion is not a stringent standard, it requires more than a mere observation that a motorist is driving slowly. There must be additional indicia of erratic driving or unusual behavior before a reasonable suspicion arises justifying an investigative stop. Where no reasonable suspicion exists, an inquiry stop may nonetheless be justified under the community caretaking doctrine when a police officer has an objectively reasonable belief that a slow driver is in …
Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer
Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer
Nevada Supreme Court Summaries
Appeal from a conviction, by jury, of two counts of preventing or dissuading a person from testifying or producing evidence, one count of first-degree kidnapping, two counts of battery with intent to commit a crime, six counts of sexual assault of a minor under 14, two counts of coercion, and two counts of lewdness with a child under 14. The primary issue on appeal was the admissibility of evidence gathered while the Appellant was committed to a mental institution for the purpose of evaluating competency to stand trial.
Summary Of Stockmeier V. Psychological Review Panel, 122 Nev. Adv. Op. No. 50, Gregory A. Hubbard
Summary Of Stockmeier V. Psychological Review Panel, 122 Nev. Adv. Op. No. 50, Gregory A. Hubbard
Nevada Supreme Court Summaries
The Psychological Review Panel (“Psych Panel”) held a hearing to consider whether a prisoner serving consecutive sentences for sex offenses was a threat to society if he were released on parole. The Psych Panel decided not to certify the prisoner for release, partially based on new allegations made by the victim during the hearing. The prisoner filed a district court petition for a writ of mandamus, prohibition, or habeas corpus, challenging the Psych Panel’s actions. The district court denied and dismissed the petition. The Nevada Supreme Court held that the district court abused its discretion in denying and dismissing the …
Summary Of Mejia V. State, 122 Nev. Adv. Op. 43, David T. Gluth
Summary Of Mejia V. State, 122 Nev. Adv. Op. 43, David T. Gluth
Nevada Supreme Court Summaries
Defendant Mejia appealed a judgment of the Eighth Judicial District Court after a jury convicted him of one count of sexual assault against a minor under 14 years of age and seven counts of lewdness with a minor under 14 years of age. Mejia was sentenced to two concurrent terms of life imprisonment with the possibility of parole in ten years for each count of lewdness.
Summary Of Ford V. State Of Nevada, 122 Nev. Adv. Op. 36, Denise S. Balboni
Summary Of Ford V. State Of Nevada, 122 Nev. Adv. Op. 36, Denise S. Balboni
Nevada Supreme Court Summaries
Appeal from jury verdict in criminal trial on grounds that prosecutors impermissibly excluded jurors based on race in violation of Batson v. Kentucky.
Summary Of Stockmeier V. Nev. Dep’T. Of Corrections Psychological Review Panel, 124 Nev. Adv. Op. No. 30, Holly Ludwig
Summary Of Stockmeier V. Nev. Dep’T. Of Corrections Psychological Review Panel, 124 Nev. Adv. Op. No. 30, Holly Ludwig
Nevada Supreme Court Summaries
Appeal from district court’s grant of a 12(b)(5) motion to dismiss in favor of Defendant Psych Panel. District court held: (1) that Stockmeier lacked standing to assert violations of the open meeting law; (2) that prisoners cannot conduct the people’s business and therefore cannot assert open meeting law violations; and (3) that Psych Panel hearings qualify as quasi-judicial proceedings and are therefore exempt from the open meeting law.
Summary Of Barnhart V. State, 122 Nev. Adv. Op. 26, Robert Reid
Summary Of Barnhart V. State, 122 Nev. Adv. Op. 26, Robert Reid
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Herman V. State, 122 Nev. Adv. Op. 17, Michael Pandullo
Summary Of Herman V. State, 122 Nev. Adv. Op. 17, Michael Pandullo
Nevada Supreme Court Summaries
In this case, the Court considered two issues: (1) whether DNA evidence voluntarily submitted to a public facility to absolve a defendant of a crime may be used in an unrelated criminal prosecution, and (2) whether reading a presentence report to a jury during the sentencing phase is error when the report cannot be made part of the public record.
Summary Of State V. Sargent, 122 Nev. Adv. Op. 18, Michael Pandullo
Summary Of State V. Sargent, 122 Nev. Adv. Op. 18, Michael Pandullo
Nevada Supreme Court Summaries
The Court decided whether justice courts have jurisdiction to order a defendant to personally appear at a preliminary hearing when the defendant has filed a waiver of personal appearance and counsel has appeared on his behalf.
Summary Of Redeker V. Dist. Ct., 122 Nev. Adv. Op. 14, Brandon P. Kemble
Summary Of Redeker V. Dist. Ct., 122 Nev. Adv. Op. 14, Brandon P. Kemble
Nevada Supreme Court Summaries
Arie R. Redeker, facing a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances that he was convicted of a felony involving the use or threat of violence to the person of another.
Summary Of Moore V. State, 122 Nev. Adv. Op. 4, Stephanie Hamrick
Summary Of Moore V. State, 122 Nev. Adv. Op. 4, Stephanie Hamrick
Nevada Supreme Court Summaries
Appellant Moore was convicted of fraudulent use of a credit card based on an incident that took place in a Las Vegas Wal-Mart. His suspicious behavior2 while shopping attracted the attention of a loss prevention specialist. The loss prevention specialist suspected Moore might attempt to purchase goods with a credit card, and instructed a cashier to contact management if Moore presented a credit card without proper identification. Moore brought over $300 worth of goods to the cashier’s register and presented a credit card. When Moore could not produce identification, the cashier summoned a manager who took the credit card to …
Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth
Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth
Nevada Supreme Court Summaries
In 2002, appellant, George, filed a writ of habeas corpus with the Nevada Supreme Court claiming he was deprived his right to appeal. The Nevada Supreme Court then discovered that defendant's original 1985 notice of appeal was never transmitted. The court directed the district court to transmit defendant's notice of appeal and appoint appellate counsel.
Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert
Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert
Nevada Supreme Court Summaries
A jury, selected from the third venire, convicted Gary Jerome Williams of battery with use of a deadly weapon causing substantial bodily harm on Robin Swope. On June 22, 2003, Williams and the victim (Robin Swope) engaged in an altercation after Swope saw Williams speaking to Swope’s thirteen-year-old daughter. At trial, most details of the altercation were highly disputed including, who was the initial aggressor, who produced a knife, and whether Swope used highly inflammatory language. In 1985, when he was seventeen, the State of Arkansas convicted Williams of aggravated battery, sentencing him to fifteen years confinement. The Nevada pre-sentencing …
Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove
Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni
Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni
Nevada Supreme Court Summaries
Admission of expert testimony is within the sole discretion of the trial judge. Abuse of discretion does not exist where defense counsel waited until the eighth day of trial to seek to call a newly-named expert witness without sufficient justification for the delay. The Nevada Supreme Court adopts the rule against admission of witness and prosecution comments regarding a defendant’s invocation of Fourth Amendment rights when such evidence is used to support an inference of guilt. When the district court admits such evidence, this Court will determine the existence of reversible error by application of the same test used for …
Summary Of Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster
Summary Of Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster
Nevada Supreme Court Summaries
No abstract provided.