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Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2)
by Dale Chappell
An out-of-court statement is not hearsay only if the person making the statement is subject to cross-examination concerning the statement, the Nevada Supreme Court instructed, clarifying and narrowing the application of when nonhearsay statements are admissible at trial.
After Kirsten Kinard identified Dvontae Richard …
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More from this issue:
- News In Brief
- When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
- Can Criminal Records Ever Truly Be Expunged in the Internet Era?, by Matthew Clarke
- Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction, by Douglas Ankney
- Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually, by Douglas Ankney
- San Francisco Embraces New Technology to Clear Pot Convictions
- Wisconsin Considers Updating Its Cash Bail System, by Kevin Bliss
- Birth Pangs of Bail Reform Come to Texas, by Edward Lyon
- Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal, by Derek Gilna
- $8.4 Million Combined Settlement Reached by ‘Norfolk Four’, by Douglas Ankney
- Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction, by Matthew Clarke
- Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification, by Matthew Clarke
- Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior, by Douglas Ankney
- Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing, by Matthew Clarke
- Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice, by Mark Wilson
- Death Penalty Usage Trending Downward, Report Reveals, by Betty Nelander
- Tennessee Supreme Court: Attempting to Secretly Videotape Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography, by Douglas Ankney
- Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional, by Douglas Ankney
- Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court, by Kevin Bliss
- Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits, by Derek Gilna
- FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months, by Dale Chappell
- Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform, by Kevin Bliss
- First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive, by Dale Chappell
- Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2), by Dale Chappell
- North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test, by Douglas Ankney
- Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict, by Douglas Ankney
- Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence, by David Reutter
- Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police, by Dale Chappell
- Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release, by Douglas Ankney
- Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC, by Matthew Clarke
- In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States, by Douglas Ankney
- Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error, by Dale Chappell
- Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison, by David Reutter
- Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense, by Chad Marks
- Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons, by Douglas Ankney
- California Police Privacy Laws Have Been Violating Brady for Years, by Mark Wilson
- New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule, by Richard Resch
- N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge, by Douglas Ankney
- NYPD’s Controversial Use of Mugshot Database Searches, by Matthew Clarke
- Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed, by Chad Marks
- Appeals court provides new vehicle to challenge registration, by Larry N.
- The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree., by Ryan Gabrielson
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- California Appeals Court Rules in Favor of Ripped Off Prisoner, Feb. 1, 2026. Attorney Misconduct, Court Appearances, Trials, Abuse of Discretion Standard, Access To Courts.
- Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence, March 18, 2020. Trials, Wrongful Conviction.
- Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify, March 18, 2020. Jury Instructions, Trials.
- Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant, March 18, 2020. Trials.
- Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors, March 18, 2020. Trials.
- Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial, March 18, 2020. Trials.
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, Feb. 18, 2020. Appeals, Trials.
- Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i, Feb. 18, 2020. Trials.
- Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision, Jan. 21, 2020. Racial Discrimination, Trials.
- Nevada Supreme Court: Trial Court Must Give Manslaughter Instruction Even When Evidence Is Circumstantial, Dec. 18, 2019. Trials.
