Interesting unpublished decisions

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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.  SCR 123.BEST OG BC

Parker v. State - the Court finds a violation of the Double Jeopardy Clause for convictions of both grand larceny auto and robbery.  The Court rejects the State's argument that the taking of the car keys constituted a separate offense and notes that the keys were located inside the car.  The grand larceny auto conviction is reversed.BEST OG BC

State v. Mikayelyan - the Court affirms an order of the district court granting a post-conviction petition for a writ of habeas corpus.  It's such a rare thing for state courts to grant habeas relief that it is worth noting here.BEST OG BC

Colato v. State - the Court finds a Lozada violation based upon trial counsel's failure to file a notice of appeal.BEST OG BC

Martin v. State - driving with studded snow tires is sufficient by itself to provide an arresting officer with probable cause to conduct a traffic stop.  The Court finds, however, that the district court erred by denying Martin's application for deferral of judgment and treatment pursuant to recently enacted NRS 484.37941.BEST OG BC

Pelat v. State - the Court reverses a judgment for misdemeanor battery and remands the case for further proceedings based upon the admission of bad act testimony without a limiting instruction.BEST OG BC

Stinchfield v. State - the district court prematurely released a jury by letting the jury go after returning verdicts on the guilt phase.  The jury should have determined the defendant's sentence.  The Court finds that the district court used the appropriate remedy by selecting a new jury for the penalty hearing.  The Court rejects the defendant's argument that he was entitled to a new trial.BEST OG BC




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This page contains a single entry by JoNell published on December 15, 2008 8:49 AM.BEST OG BC

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