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Nevada Supreme Court issues opinions in 3 criminal cases

In State v. Lewis, the Court, sitting en banc, dismisses the State's appeal after concluding that the State does not have a right to appeal from an order of the district court granting a presentence motion to withdraw a guilty plea. In Dozier v. State, the Court sitting en banc with Justices Maupin and Cherry dissenting, affirms the dismissal of a post-conviction petition for a writ of habeas corpus. The Court clarified its prior precedent and concluded that when a defendant is charged with a criminal offense and affirmatively raises a statute-of-limitations defense, if the State seeks to disprove that defense under NRS 171.095(1)(a) by showing that the offense was committed in a secret manner, the State must do so by a preponderance of the evidence...continue to full post

Full post as published by Harmful Error on March 13, 2008 (boomark / email).