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Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute
by Douglas Ankney
In a case of first impression, the Supreme Court of Nevada ruled that bail determinations for pretrial detainees requires due process, announced the procedures to be followed, and severed unconstitutional language from NRS 178.4851(1).
The State obtained felony indictments against Aaron Frye and Jose Valdez-Jimenez, and the ...
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More from this issue:
- Racism and Wrongful Convictions, by Matthew Clarke
- Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause, by Dale Chappell
- Ninth Circuit: Mental Impairment that Prevented ‘Monitoring’ of Habeas Counsel’s Actions May Require Equitable Tolling, by Dale Chappell
- Tenth Circuit Vacates District Court’s Order Sealing Plea Supplement, Explaining Local Court Rule Doesn’t Abrogate Common Law Right of Access to Judicial Records, by Douglas Ankney
- Federal Judge Issues Order Reducing 40-Year Stacked § 924(c) Sentence Based on First Step Act Changes to Compassionate Release, by Chad Marks
- Latest Forensic Technology, Pattern Analysis, May Be ‘Pseudoscience’, by Michael Fortino, Ph.D
- SCOTUS: Jury Verdicts Must Be Unanimous to Convict on Criminal Charges, Overruling Apodaca, by Douglas Ankney
- ATF: What Is a Gun?, by Jayson Hawkins
- Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge, by Douglas Ankney
- Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense, by Dale Chappell
- Virus Vigilantes v. Virus Violators: Shunning, Shaming, or Policing COVID-19 May not Be the Cure, by Michael Fortino, Ph.D
- SCOTUS: Due Process Doesn’t Require States to Adopt a Specific Test for Determining Insanity, by Douglas Ankney
- Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It, by Anthony Accurso
- Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty, by Douglas Ankney
- Iowa Supreme Court Vacates Guilty Plea for Lack of Evidence and Ineffective Assistance of Counsel, by David Reutter
- Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion, by Dale Chappell
- Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome, by Dale Chappell
- Divide and Conquer: New Algorithm Examines Crime-Scene Bullets Segment by Segment
- U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split, by Dale Chappell
- SCOTUS: Knowledge that Driver’s License of Vehicle’s Registered Owner Was Revoked Provides Reasonable Suspicion to Initiate Traffic Stop, by Douglas Ankney
- Don’t Allow Government to Abuse Emergency Powers After COVID-19 Threat Subsides, by Douglas Ankney
- Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC, by Anthony Accurso
- Notorious Louisiana Prosecutor Fired for Misconduct Technicality, by Edward Lyon
- 10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness, by Douglas Ankney
- $369,000 Settlement in Police Raid of Journalist’s Home and Office
- Delaware Supreme Court Clarifies Meaning of ‘Mixture’ as Used in State’s Controlled Substances Act, by Douglas Ankney
- Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial, by Douglas Ankney
- Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof, by Dale Chappell
- Pennsylvania Supreme Court: Cronic’s Presumption of Prejudice Triggered by Counsel Failing to Secure Interpreter for First Day of Trial, by Douglas Ankney
- Ohio Supreme Court Announces New Standard for ‘Actual Racial Bias’ for Jurors and Holds Counsel Was Ineffective for Failing to Strike Racially Biased Juror, by Douglas Ankney
- U.S. Supreme Court Rejects Fifth Circuit’s Rule Barring Plain-Error Review of Unpreserved Factual Arguments, by Dale Chappell
- FBI’s Long History of Squelching Political Dissent Under the Guise of National Security, by Jayson Hawkins
- Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn, by Douglas Ankney
- No Consequences for Prosecutors’ Bad Behavior, by Jayson Hawkins
- Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute, by Douglas Ankney
- Federal Court Overturns Conviction for Person Linked to Former Subway Spokesperson’s Child Porn Case, by Dale Chappell
- Study Sheds Light on ‘Recidivism’ and Probation and Parole Violations, by Dale Chappell
- Utah Residents Can Wind Up in Jail When They Miss Loan Payments, by Kevin Bliss
- California Court of Appeal: Unoccupied Running Vehicle Doesn’t Justify Warrantless Search of Residence, by Douglas Ankney
- Interpreting Emojis as Court Evidence, by Anthony Accurso
- LAPD Officers Accused of Entering Names of Innocent People Into Gang Database, by Douglas Ankney
- ‘No-Knock Raids’ an Increasing Danger to Public Safety, by Jayson Hawkins
- Massachusetts Supreme Judicial Court Clarifies Standards for Exit Order and Patfrisk, by Anthony Accurso
- A Mass Purge of Misconduct Records by Phoenix, Arizona Police, by Bill Barton
- Cops in Missouri Exploit Loophole to Seize $2.6 Million from Innocent Citizens, by Douglas Ankney
- How Old Is That Fingerprint?, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- Ninth Circuit Revives Complaint Over Sloppy Cell Checks Before Psychotic Detainee’s Death at L.A. Jail, June 1, 2025
- $500,000 for Colorado Detainee Dropped On His Face by Jailers, June 1, 2025
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025
- Eleventh Circuit Revives Volunteer Pastor’s First Amendment Claim at Georgia Jail, May 1, 2025
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, May 1, 2025
- Second Circuit Revives Connecticut Prisoner’s Challenge To Conditions In Virginia Lockup Where He Was Transferred, May 1, 2025
- Missouri Pays More Than $1.2 Million for Deputy Warden’s Sexual Harassment Claim Against Warden, May 1, 2025
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
More from these topics:
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025. Bail, Bail Bonds, Pretrial Detention and Detainees.
- Cuyahoga County Judges Vowed to Reform the Bail System. Here’s What Happened., Feb. 15, 2025. Prison Reform, Bail, Bail Bonds.
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025. Overdetention, Search and Seizure, Pending Appeal/Sentencing, Dismissal.
- Colorado Law Creates “Rebuttable Presumption” Against Incarcerating Pregnant Women, June 1, 2024. OB/GYN, Bail, Alternative Sentencing, Mothers in Prison, Bail/Pretrial Release, Pending Appeal/Sentencing.
- Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence, May 15, 2023. Ineffective Assistance of Counsel, Pending Appeal/Sentencing, Sentencing Disparity.
- Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution, Aug. 15, 2022. Traffic stop, Doctrine of Unconstitutional Conditions, Pending Appeal/Sentencing.
- Justice Delayed in California Jails: Lengthy Pretrial Imprisonment Common, Aug. 1, 2021. Pending Appeal/Sentencing.
- First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act, June 15, 2020. U.S. Sentencing Guidelines, Pending Appeal/Sentencing, Fair Sentencing Act of 2010.
- Court Grants Bail to Ex-Peruvian President Challenging Extradition Due to Solitary Confinement, March 4, 2020. Bail.
- Court Rulings Condemning Cash Bail Systems Increasing, Feb. 19, 2020. Bail, Bail Bonds.