Interesting Unpublished Decisions by the Nevada Supreme Court

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New unpublished decisions have been posted by the Nevada Supreme Court.  SCR 123 states that these unpublished orders shall not be regarded as precedent and shall not be cited as legal authority.cracks and cheats tracfone

State v. Spina - the Court denies the State's appeal from an order of the district court dismissing a charge of first-degree murder with use of a deadly weapon.  The State had argued that the defendant could be charged with felony murder based upon an allegation of burglary with "ex-felon in possession of a firearm" as the predicate felony for burglary.  The Court agreed with the district court that "burglary cannot be predicates solely on entry into a structure or vehicle by an ex-felon in possession of a firearm."  The Court also agreed with the district court that "ex-felon in possession of a firearm" is not inherently dangerous.  "Thus, there is no justification for the imputation of implied malice under the felony-murder rule.  Accordingly, we conclude that it would be impermissible to allow the State to bootstrap 'ex-felon in possession of a firearm' into burglary in order to sustain a conviction for murder in the first-degree under the felony-murder rule."cracks and cheats tracfone

* There appears to be no case authority in Nevada directly addressing this issue.  I'm puzzled by the Court's decision not to publish this decision as an opinion. cracks and cheats tracfone

Ledezma v. State - the Court rejects the defendant's argument that NRS 453.3405, which allows for a lesser sentence if the defendant offers substantial assistance to law enforcement, violates his equal protection rights because persons, like him, who are subject to an INS immigration hold cannot be released from custody and participate in "buys" for police officers.cracks and cheats tracfone

Mejia v. State - the Court finds that the district court abused its discretion in failing to appoint counsel for post-conviction proceedings in a case in which the defendant was convicted of sexual assault on a minor and lewdness with a minor and was serving life sentences.cracks and cheats tracfone

 Winston v. State - the Court finds a jury instruction on implied malice as it relates to attempted murder to be incorrect, but finds the error to be harmless.cracks and cheats tracfone


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This page contains a single entry by JoNell published on November 19, 2008 9:17 AM.cracks and cheats tracfone

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