Nevada Case Commentaries

Thomas v. Nevada: Ineffective Assistance of Counsel in Capital Sentencing Phase

Date: Feb 11, 2004

Thomas v. Nevada: Ineffective Assistance of Counsel in Capital Sentencing Phase Introduction Thomas v. The State of Nevada is a landmark case adjudicated by the Supreme Court of Nevada on February...

Invalidating "At Random" Aggravator: Implications for Brady Violations in Capital Sentencing - State v. Bennett

Date: Dec 31, 2003

Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal advice, please consult a qualified attorney. Invalidating "At Random"...

Transition Instructions in Jury Deliberations: Adopting the 'Unable to Agree' Approach in Nevada Jurisprudence

Date: Dec 12, 2003

Transition Instructions in Jury Deliberations: Adopting the 'Unable to Agree' Approach in Nevada Jurisprudence Introduction The case of Frederick Green v. The State of Nevada (119 Nev. 542) serves as...

Reversal of Death Sentence Due to Cumulative Trial Errors in Daniel v. Nevada

Date: Nov 4, 2003

Reversal of Death Sentence Due to Cumulative Trial Errors in Daniel v. Nevada Introduction Dorion Daniel v. The State of Nevada is a landmark case adjudicated by the Supreme Court of Nevada on...

Codification of the Undivided-Fee Rule in Eminent Domain: County of Clark v. Sun State Properties

Date: Jul 22, 2003

Codification of the Undivided-Fee Rule in Eminent Domain: County of Clark v. Sun State Properties Introduction The Supreme Court of Nevada's decision in County of Clark v. Sun State Properties, Ltd.,...

Severance of Charges and Admissibility of Hearsay: Insights from Tabish & Murphy v. Nevada

Date: Jul 15, 2003

Severance of Charges and Admissibility of Hearsay: Insights from Tabish & Murphy v. Nevada Introduction In the landmark case of Richard Bennett Tabish and Sandra Renee Murphy v. The State of Nevada,...

Defining Intentional Interference with Contractual Relations: Insights from J.J. Industries v. Bennett

Date: Jul 9, 2003

Defining Intentional Interference with Contractual Relations: Insights from J.J. Industries v. Bennett Introduction The case of J.J. Industries, LLC v. Hale B. Bennett presents a pivotal examination...

Establishing Good Cause for Delayed Habeas Corpus Petitions: Hathaway v. Nevada

Date: Jun 27, 2003

Establishing Good Cause for Delayed Habeas Corpus Petitions: Hathaway v. Nevada Introduction The case of Michael Joseph Hathaway v. The State of Nevada (119 Nev. 248) adjudicated by the Supreme Court...

Limitation on Stipulations Disregarding Procedural Default Rules in Post-Conviction Habeas Proceedings

Date: May 31, 2003

Limitation on Stipulations Disregarding Procedural Default Rules in Post-Conviction Habeas Proceedings Introduction In the pivotal case of The State of Nevada v. Richard Haberstroh (119 Nev. 173,...

Affirmation of Murder Convictions in Buchanan v. State: Evidence Sufficiency and Due Process Considerations

Date: May 31, 2003

Affirmation of Murder Convictions in Buchanan v. State: Evidence Sufficiency and Due Process Considerations Introduction Buchanan v. State, 119 Nev. 201 (2003), represents a significant judicial...

Non-Retroactive Application of RING v. ARIZONA in Capital Sentencing: Insights from Lawrence Colwell, Jr. v. State of Nevada

Date: Feb 21, 2003

Non-Retroactive Application of RING v. ARIZONA in Capital Sentencing: Insights from Lawrence Colwell, Jr. v. State of Nevada Introduction The case of Lawrence Colwell, Jr. v. The State of Nevada (No....

Establishing Limited-Purpose Public Figure Status and Defamation Protections in Restaurant Reviews: Pegasus v. Reno Gazette-Journal

Date: Feb 21, 2003

Establishing Limited-Purpose Public Figure Status and Defamation Protections in Restaurant Reviews: Pegasus v. Reno Gazette-Journal Introduction In the landmark case of Pegasus v. Reno...

Supreme Court of Nevada Establishes Specific Intent Requirement for Aiding and Abetting Attempted Murder in Sharma v. Nevada

Date: Nov 1, 2002

Supreme Court of Nevada Establishes Specific Intent Requirement for Aiding and Abetting Attempted Murder in Sharma v. Nevada Introduction Sonu Sharma v. The State of Nevada is a pivotal case decided...

Ralph M. Gonzales v. State of Nevada: Clarification on Timeliness of Post-Conviction Habeas Petitions and Rejection of Prison Mailbox Rule

Date: Oct 31, 2002

Ralph M. Gonzales v. State of Nevada: Clarification on Timeliness of Post-Conviction Habeas Petitions and Rejection of Prison Mailbox Rule Introduction Ralph M. Gonzales v. The State of Nevada is a...

Unconscionability of Arbitration Clauses in Homebuyer Warranties: Nevada Supreme Court Sets Precedent

Date: Oct 30, 2002

Unconscionability of Arbitration Clauses in Homebuyer Warranties: Nevada Supreme Court Sets Precedent Introduction In the landmark case of James Burch and Linda Burch v. The Second Judicial District...

Hernandez v. Nevada: Supreme Court Upholds Death Sentence Amid Juror Conduct and Custodial Kidnapping

Date: Sep 6, 2002

Hernandez v. Nevada: Supreme Court Upholds Death Sentence Amid Juror Conduct and Custodial Kidnapping Introduction Hernandez v. The State of Nevada, 118 Nev. 513 (2002), presents a critical...

Establishing the Boundaries of Absolute Privilege in Attorney Defamation Claims: Fink v. Oshins

Date: Jul 18, 2002

Establishing the Boundaries of Absolute Privilege in Attorney Defamation Claims: Fink v. Oshins Introduction The case of Donald M. Fink v. Richard A. Oshins (118 Nev. 428) adjudicated by the Supreme...

Supreme Court of Nevada Establishes Rigorous Standards for Writ of Mandamus in Dismissal Challenges

Date: May 9, 2002

Supreme Court of Nevada Establishes Rigorous Standards for Writ of Mandamus in Dismissal Challenges Introduction The case of State of Nevada, Office of the Attorney General; Frankie Sue Del Papa,...

Estoppel in Appellate Challenges: Insights from Kelly Eugene Rhyne v. State of Nevada

Date: Mar 7, 2002

Estoppel in Appellate Challenges: Insights from Kelly Eugene Rhyne v. State of Nevada Introduction Kelly Eugene Rhyne v. State of Nevada, 118 Nev. 1, decided by the Supreme Court of Nevada on March...

Strict Application of One-Year Time Bar on Successive Habeas Corpus Petitions in Capital Murder Cases

Date: Mar 7, 2002

Strict Application of One-Year Time Bar on Successive Habeas Corpus Petitions in Capital Murder Cases Introduction PELLEGRINI v. STATE of Nevada is a landmark decision by the Supreme Court of Nevada,...