Justia Criminal Law Opinion Summaries

Jonathan Eluterio Martinez-Garcia, a juvenile offender, attacked his 11th-grade English teacher and subsequently pleaded guilty to attempted murder, attempted sexual assault, and battery with the use of a deadly weapon resulting in substantial bodily harm. The district court sentenced him to two consecutive prison terms of 8 to 20 years and a concurrent term of 6 to 15 years, resulting in an aggregate sentence of 40 years with parole eligibility after 16 years. Martinez-Garcia moved to reconsider the sentence, arguing it was illegal and that he was entitled to parole eligibility after 15 years under NRS 213.12135(1)(a). The district court treated the motion as one to correct an illegal sentence and denied it.Martinez-Garcia appealed the district court's decision, contending that his sentence should reflect parole eligibility after 15 years as mandated by NRS 213.12135(1)(a) for juvenile nonhomicide offenders. He argued that the sentence imposed was illegal because it provided for parole eligibility after 16 years, contrary to the statute. The State argued that the sentence complied with the statutes governing the offenses to which Martinez-Garcia pleaded guilty.The Supreme Court of Nevada reviewed the case and held that NRS 213.12135(1)(a) provides for parole eligibility for juvenile nonhomicide offenders after 15 years by operation of law, without requiring resentencing or amendment of the judgment of conviction. The court concluded that the statute does not render a sentence illegal if it otherwise conforms to the sentencing statutes for the offenses committed. Therefore, the court affirmed the district court's order denying Martinez-Garcia's motion to correct an illegal sentence, acknowledging that he will be eligible for parole after 15 years despite the longer parole-eligibility period stated in the judgment of conviction. View "GARCIA VS. STATE" on Justia Law

Anthony Ray Price was charged with two felonies and his cases were stayed pending a competency determination. Two doctors evaluated Price and found him likely not competent, with signs of possible malingering. The district court found Price incompetent to stand trial and ordered him to competency treatment at Lakes Crossing Center. While on the waitlist for the treatment facility, Price was held at the Washoe County Detention Center. The State requested a second evidentiary hearing, believing Price was feigning incompetence. At the hearing, two witnesses from the detention center testified that they had no concerns about Price's behavior or mental health. The district court then found Price competent to stand trial.Price filed a petition for a writ of mandamus, arguing that the district court abused its discretion by finding him competent based on jail information rather than input from the Administrator of the Division of Public and Behavioral Health, as required by NRS 178.425(4).The Supreme Court of Nevada reviewed the case and determined that NRS 178.425(4) mandates that once a defendant charged with a felony is found incompetent, only the Administrator or their designee can determine competency. The district court's decision to find Price competent without input from the Administrator was a manifest abuse of discretion. The Supreme Court granted the petition and directed the district court to vacate its order finding Price competent to stand trial. View "PRICE VS. DIST. CT." on Justia Law

Nikos Sharp was charged with several criminal offenses related to child abuse or neglect following an investigation by the Clark County Department of Family Services (DFS). Sharp sought information from DFS reports involving the alleged victim, E.S., which included the identities of individuals who reported the abuse. The district court ordered DFS to disclose this information despite DFS's objections.The district court reviewed the reports in camera and initially released redacted versions to Sharp. Sharp then requested unredacted versions, including the identities of the reporters. The district court granted this request, and DFS's motion for reconsideration was denied. DFS subsequently sought relief through an original writ petition.The Supreme Court of Nevada reviewed the case and held that NRS 432B.290(4) provides a limited privilege for reporter identities, protecting them if DFS determines that disclosure would harm an investigation or the life or safety of any person. The court found that this limited privilege did not apply in this case because DFS had not made such a determination. Consequently, the district court did not err in ordering the disclosure of the reporter identities. The Supreme Court of Nevada denied the petition, affirming the district court's decision. View "Clark County Department of Family Services v. District Court" on Justia Law

Kenneth Vaughn, a self-described Moorish National, was convicted by a jury of six counts of offering a false instrument for filing or record, two counts of simulation of summons, complaint, judgment, order, or other legal process, and two counts of intimidating a public officer. Vaughn sent documents to his landlords and the Clark County Recorder's office, claiming ownership of properties he did not own and threatening public officers when his documents were not recorded. He was sentenced as a habitual criminal to an aggregate prison term of 5-20 years and ordered to pay $19,600 in restitution.The Eighth Judicial District Court in Clark County adjudicated Vaughn as a habitual criminal and denied his motion to dismiss the indictment on speedy trial grounds. Vaughn represented himself at trial with standby counsel and was convicted on all counts. He appealed his conviction and sentence, arguing several grounds including the denial of his motion to dismiss, insufficient evidence, prejudicial witness testimony, misleading jury instructions, improper habitual criminal adjudication, and an unsupported restitution award.The Supreme Court of Nevada reviewed the case and held that the State failed to prove the elements of the charges under NRS 239.330(1) because the documents Vaughn attempted to record were not of a type that could be recorded under state or federal law. Consequently, the court reversed Vaughn's conviction on the six counts of offering a false instrument for filing or record. The court also reversed the restitution award, finding that the district court relied on impalpable or highly suspect evidence. However, the court affirmed Vaughn's conviction on the remaining counts and upheld the habitual criminal adjudication and the sentence imposed for those counts. View "VAUGHN VS. STATE" on Justia Law

Respondents, members of the Hells Angels Motorcycle Club, were charged with multiple offenses following a shooting incident where they allegedly ambushed members of the rival Vagos Motorcycle Club. The State of Nevada appealed district court orders that partially granted respondents' pretrial habeas corpus petitions, dismissing the criminal gang sentencing enhancement from the superseding indictment.The Eighth Judicial District Court, Clark County, found that the State failed to provide sufficient evidence to establish that the Hells Angels commonly engage in criminal activity, thus qualifying as a criminal gang. Consequently, the district court dismissed the gang enhancement from all counts. The State then appealed this decision.The Supreme Court of Nevada reviewed the case and concluded that the district court erred in its decision. The Supreme Court found that the State had presented at least slight or marginal evidence to support a reasonable inference that the Hells Angels engage in felony-level violence against rival motorcycle clubs, meeting the statutory definition of a criminal gang under NRS 193.168. The evidence included expert testimony on the Hells Angels' organizational structure, policies, and history of violent confrontations with rival clubs, as well as specific instances of violence and felony convictions involving Hells Angels members.The Supreme Court of Nevada held that the district court substantially erred in dismissing the gang enhancement and reversed the district court's orders. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "STATE VS. DEVRIES" on Justia Law

Hugo Sanchez pleaded guilty to multiple felony offenses involving two juvenile victims. Eight years later, he filed a petition to establish factual innocence under Nevada Revised Statutes (NRS) 34.900-.990. The district court dismissed the petition without prejudice, stating that Sanchez did not meet the pleading requirements under NRS 34.960.Previously, Sanchez had filed a direct appeal, which was dismissed after he voluntarily withdrew it. He later filed a postconviction petition for a writ of habeas corpus, claiming actual innocence regarding some charges. The State argued that such a claim should be raised in a petition to establish factual innocence. The district court denied the State's motion to dismiss and allowed Sanchez to amend his petition. Sanchez then filed an amended petition to establish factual innocence, supported by a declaration from one of the victims recanting her previous statements. The district court initially set a hearing but later limited it to the pleading requirements under the factual-innocence statutes and subsequently dismissed the petition without prejudice.The Supreme Court of Nevada reviewed the case to determine if an order dismissing a petition to establish factual innocence without prejudice is appealable. The court concluded that such an order is not appealable under NRS 34.970(9) or any other statute or rule cited by Sanchez. The court noted that the factual-innocence statutes do not provide for an appeal from an order dismissing a petition without prejudice and that such an order does not constitute a final judgment. Consequently, the Supreme Court of Nevada dismissed the appeal for lack of jurisdiction. View "SANCHEZ VS. STATE" on Justia Law

John Paul Alvarez was initially charged with misdemeanor possession of stolen property in Reno Municipal Court, to which he pleaded guilty and was sentenced to 30 days in county jail. Subsequently, he was charged with residential burglary, conspiracy to commit burglary, and grand larceny in the Second Judicial District Court, Washoe County, based on the same incident. The primary issue on appeal was whether Alvarez's prosecution and conviction for grand larceny violated double jeopardy principles, given his prior guilty plea to possession of stolen property.In the lower court, Alvarez filed a motion to dismiss the grand larceny charge on double jeopardy grounds, arguing that the State was barred from prosecuting him for grand larceny because it involved the same act as the possession-of-stolen-property offense. The district court denied the motion, concluding that under the Blockburger test, each offense required proof of a fact not required by the other. The case proceeded to trial, and the jury found Alvarez guilty of residential burglary, conspiracy to commit burglary, and grand larceny.The Supreme Court of Nevada reviewed the case and held that a defendant cannot be convicted of both a theft crime and possessing or receiving the property stolen in the commission of the same theft crime. The court reaffirmed that theft crimes and possession of stolen property are mutually exclusive, alternative offenses. Consequently, the district court erred in denying Alvarez's motion to dismiss the grand larceny charge, as his prior conviction for possession of stolen property precluded the grand larceny conviction. The Supreme Court of Nevada reversed Alvarez's grand larceny conviction but affirmed the other convictions and remanded the case for further proceedings consistent with its opinion. View "ALVAREZ VS. STATE" on Justia Law

On January 18, 1997, C.V. was sexually assaulted by a man holding a knife who approached her at a bus stop, walked her to a vacant lot, and assaulted her. The perpetrator then dumped out her purse and left. A sexual assault examination was conducted, but no suspect was identified at the time. Over 20 years later, Clifton Dawson's DNA matched the DNA from the examination kit. Dawson was charged with one count of sexual assault and found guilty in 2022 after a six-day jury trial. At sentencing, the State sought an enhancement based on Dawson's habitual criminal status.The Eighth Judicial District Court in Clark County applied the habitual criminal statute in effect at the time of the offense, which required three prior felony convictions for a large habitual criminal adjudication. The court found three qualifying convictions and sentenced Dawson to life in prison without the possibility of parole.The Supreme Court of Nevada reviewed the case. Dawson argued that the enhancement should be based on the statute in effect at the time of sentencing, not the time of the offense. The court disagreed, holding that the statute in effect at the time of the offense applies unless the legislature clearly states otherwise. The court found that the 1995 version of the habitual criminal statute was correctly applied.However, the court concluded that the district court erred in adjudicating Dawson as a habitual criminal because the State did not prove the requisite number of prior convictions. Only two of the prior convictions predated the charged offense. The court vacated Dawson's sentence and remanded for a new sentencing hearing, emphasizing that the State must prove that prior convictions predate the charged offense for habitual criminal adjudication. View "DAWSON VS. STATE" on Justia Law

In 2020, state and federal law enforcement conducted a reverse sting operation in Reno, targeting individuals seeking commercial sex with minors. Jesus Alberto Martinez, Jr. was arrested after he responded to an online advertisement and engaged in text conversations with an undercover officer posing as a 17-year-old sex worker. Martinez was charged with attempted abuse or neglect of a child involving sexual exploitation and soliciting a child for prostitution. He was convicted on both charges following a jury trial.Martinez appealed, arguing that the government's conduct was outrageous and violated due process, and that the jury instructions on entrapment were improper. He also contended that the evidence was insufficient to support the charges, and that his rights were violated by the district court's denial of his motion to compel the identity of the person depicted in the online advertisement.The Nevada Supreme Court reviewed the case and affirmed the conviction. The court clarified the law on entrapment, emphasizing the importance of predisposition over initial contact. It adopted a six-factor test from United States v. Black to evaluate whether the government's conduct was outrageous. The court concluded that the government's conduct did not violate due process and that the jury instructions on entrapment, while containing an error regarding initial contact, did not warrant reversal. The court also found sufficient evidence to support the charges and determined that the district court did not err in denying Martinez's motion to compel the identity of the person in the advertisement. The judgment of conviction was affirmed. View "MARTINEZ VS. STATE" on Justia Law

The case involves Nathan Chasing Horse, who was indicted on multiple felony charges, including sexual assault, by a grand jury. The charges stem from allegations by two victims, C.C.H. and S.B., who claimed that Chasing Horse used his position within the Lakota Tribe to manipulate them into sexual relationships under the guise of spiritual and healing practices. C.C.H. alleged that Chasing Horse coerced her into sexual acts to heal her mother’s cancer, while S.B. claimed she was similarly manipulated due to her fear of spiritual consequences.The Eighth Judicial District Court of Nevada denied Chasing Horse's pretrial petition for a writ of habeas corpus, which challenged the indictment on the grounds that the State improperly instructed the grand jury on the concept of "grooming" and failed to present exculpatory evidence. The district court dismissed one count but upheld the remaining charges, leading Chasing Horse to seek relief from the Nevada Supreme Court.The Supreme Court of Nevada reviewed the case and found that the State had provided an improper instruction on "grooming" to the grand jury, which was unsupported by evidence and not necessary for the elements of the charged offenses. Additionally, the court determined that the State failed to present exculpatory evidence, specifically statements made by C.C.H. that could indicate consent, which is a critical element in sexual assault charges. The court concluded that these errors prejudiced Chasing Horse and undermined the integrity of the grand jury proceedings.The Nevada Supreme Court granted the writ petition, directing the district court to dismiss the indictment without prejudice. The State may seek a new indictment, but it must correct the errors identified by the court in its presentation to the grand jury. View "CHASING HORSE VS. DIST. CT." on Justia Law