Justia Civil Rights Opinion Summaries
Articles Posted in Supreme Court of Nevada
Gonzalez v. State
Appellant was convicted of first-degree murder and related crimes for the death of a member of a motorcycle gang after a brawl between two motorcycle gangs. The Supreme Court reversed Appellant’s judgment of conviction and remanded for a new trial, holding (1) the district court abused its discretion when it refused to answer two questions from the jury during deliberations; (2) the district court abused its discretion when it refused to bifurcate the gang-enhancement portion of the trial from the guilt phase; and (3) the cumulative effect of these and other errors deprived Appellant of his right to a fair trial. View "Gonzalez v. State" on Justia Law
Scott v. First Judicial Dist. Court
Petitioner was convicted of violating Carson City Municipal Code (CCMC) 3.04.050. CCMC 3.04.050(1) makes it “unlawful for any person to hinder, obstruct, resist, delay, molest or threaten to hinder, obstruct, resist, delay or molest any…member of the sheriff’s office…in the discharge of his official duties.” Petitioner appealed, arguing that CCMC 3.04.050(1) is unconstitutionally overbroad and vague because it restricts constitutional speech. The district court affirmed. The Supreme Court held that CCMC 3.04.050(1) is unconstitutionally overboard because is not narrowly tailored to prohibit only disorderly conduct or fighting words and is unconstitutionally vague because it lacks sufficient guidelines and gives the sheriff too much discretion in its enforcement. Remanded to the district court with instructions to enter an order reversing Petitioner’s conviction in part on the grounds that CCMC 8.04.050(1) is unconstitutional on its face and to determine whether Petitioner may properly be charged under the remainder of CCMC 8.04.050. View "Scott v. First Judicial Dist. Court" on Justia Law