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   State Courts - Nevada - March 16, 2006

  
Avery v. State, No. 43928, SUPREME COURT OF NEVADA, March 16, 2006, Decided
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Overview: Inmate's claim that his guilty plea was invalid on the ground that he was not aware before entering the plea that he would be subject to lifetime supervision under Nev. Rev. Stat. § 176.0931 as required by Palmer decision was rejected because Palmer was decided after the inmate's conviction became final and did not apply retroactively.

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Barnhart v. State, No. 46380, SUPREME COURT OF NEVADA, March 16, 2006, Decided
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Overview: In denying appellant's postconviction petition for a writ of habeas corpus, the district court did not err in finding that the coercion defense was not properly before it where the defense had not been previously raised.

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Koller v. State, No. 43737, SUPREME COURT OF NEVADA, March 16, 2006, Decided
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Overview: District court abused its discretion in granting State's writ of prohibition after the justice court determined it had jurisdiction to hear defendant's motion to dismiss as under the Interstate Agreement on Detainers (IAD), Nev. Rev. Stat. § 178.620, the justice court was the "appropriate court" for IAD-related challenges to felony complaints.

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Las Vegas Police Protective Ass'n Metro, Inc. v. Eighth Judicial Dist. Court , No. 44677, No. 44774, SUPREME COURT OF NEVADA, March 16, 2006, Decided
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Overview: Advisory review board issued subpoena to police officer, and district court properly enforced subpoena because Nev. R. App. P. 3A(b)(1) permitted aggrieved party to appeal, and Nev. Rev. Stat. § 289.390(2) governed enforcement actions. Subpoena was valid under Nev. Rev. Stat. § 289.390(1); citizen review board could consider citizen's complaint.

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Ledbetter v. State, No. 43093, SUPREME COURT OF NEVADA, March 16, 2006, Decided
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Overview: Probative value of explaining to the jury what motivated defendant to repeatedly sexually abuse his stepdaughter over many years was high; therefore, evidence of defendant's prior acts of sexual abuse, Nev. Rev. Stat. § 48.045, was properly admitted to show defendant's sexual attraction to and obsession with the young female members of his family.

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Maria L. v. Eighth Judicial Dist. Court (In re N.S.), No. 43919, No. 45415, SUPREME COURT OF NEVADA, March 16, 2006, Decided
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Overview: In petitions for writ of mandamus, supreme court granted grandmother's petitions as district court erred in denying her guardianship petition as it failed to ensure that she was involved in and notified of any plan for child's temporary or permanent placement, and it gave improper weight to foster parents' wishes regarding her visitation petition.

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Mendoza v. State, No. 43390, SUPREME COURT OF NEVADA, March 16, 2006, Decided
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Overview: To sustain convictions for both robbery and kidnapping arising from same course of conduct, any movement or restraint had to create a risk of danger to the victim substantially exceeding that necessarily present in the crime of robbery. Thus, kidnapping conviction, Nev. Rev. Stat. § 200.310, of second victim was affirmed based on increased danger.

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Silvar v. Eighth Judicial Dist. Court , No. 44825, SUPREME COURT OF NEVADA, March 16, 2006, Decided
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Overview: In challenge to prostitution loitering ordinance, Clark County, Nevada, Ordinance 12.08.030, was void; it was unconstitutionally vague, violating the Fourteenth Amendment, because it lacked notice and guidance, and it was overly broad, violating the First Amendment, because it criminalized constitutionally protected conduct.

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