Justia Criminal Law Opinion Summaries

Appellant was found guilty by a jury of first-degree murder with the use of a deadly weapon, burglary, and robbery. The Supreme Court affirmed. Appellant later filed a third postconviction petition for a writ of habeas corpus, alleging newly discovered evidence and asserting nine claims. Appellant supported his petition with declarations that, if true, may establish a gateway claim of actual innocence. The district court dismissed Appellant’s petition without allowing discovery or conducting an evidentiary hearing. The Supreme Court reversed, holding that the district court improperly discounted the declarations offered in support of Appellant’s petition, which presented specific factual allegations of Appellant’s innocence that were not belied by the record and were sufficient to merit discovery and an evidentiary hearing on Appellant’s gateway actual innocence claim. View "Berry v. State" on Justia Law

Nev. Rev. Stat. 200.160 states that homicide is justified in response to a reasonable apprehension of the commission of a felony or in the actual resistance of an attempted felony, but the statute does not specify the type of felony. Defendant was charged with battery with the use of a deadly weapon and attempted assault with the use of a deadly weapon for lighting the victim on fire during an altercation at a gas station. At trial, Defendant claimed that his actions were a justifiable battery because he reasonably believed the victim was committing felony coercion against him at the time of the incident. The jury found Defendant guilty. Defendant appealed, arguing that the district court gave a jury instruction that was an incorrect statement of Nevada law and that his conviction for attempted assault was legally impossible. The Supreme Court affirmed, holding (1) the use of deadly force in response to a felony is justified only when the person poses a threat of serious bodily injury, and the amount of force used must be reasonable and necessary under the circumstances; and (2) attempted assault under Nev. Rev. Stat. 200.471(1)(a)(2) is not legally impossible. View "Newell v. State" on Justia Law