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Nevada Supreme Court issues opinions

Chartier v. State - judgment for two counts of first degree murder reversed and new trial ordered. The district court abused its discretion in failing to sever the trial of his co-defendant. Fergusen v. State - The 8th Judicial District may assign the determination of all initial competency matters to a particular district court judge; however, the determination of a defendant's ongoing competency thereafter and during trial must vest with the trial judge who has been assigned to hear the matter. Also, upon a defendant's return from a mental health facility where the defendant has been deemed competent to stand trial, the district court upon a timely request must afford the defendant a hearing wherein the defendant is affoded the opportunity to examine the members of the treatment team regarding their report...continue to full post

Full post as published by Harmful Error on September 11, 2008 (boomark / email).