Bushnell v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the district court abused its discretion at sentencing because the \sole reason\ for the district court's imposition of a harsher sentence was the defendant's decision to maintain his innocence
• stating that “imposition of a harsher sentence based on the defendant’s exercise of his constitutional rights is an abuse of discretion”
• stating that \[i]mposition of a harsher sentence based on the defendant's exercise of his constitutional rights is an abuse of discretion\
• stating that “[imposition of a harsher sentence based on the defendant’s exercise of his constitutional rights is an abuse of discretion”
• “Imposition of a harsher sentence based upon the defendant’s exercise of his constitutional rights is an abuse of discretion....”
• a court may not impose a harsher sentence based upon a defendant's exercise of his constitutional rights

Source: CourtListener parenthetical corpus (CC0).

Cited by

8 cases in this archive cite this case.

• Brake v. State
  Nevada Supreme Court· 1997-05-22· cited 248×
• Brown v. State
  Nevada Supreme Court· 1997-02-26· cited 33×
• State v. James
  New Mexico Court of Appeals· 1989-11-02· cited 30×
• Dzul v. State
  Nevada Supreme Court· 2002-10-31· cited 24×
• State v. Kellis
  Idaho Court of Appeals· 2010-02-16· cited 13×
• Thomas v. State
  Nevada Supreme Court· 1983-10-19· cited 9×
• TALLEY (OMAR) v. STATE
  Nevada Supreme Court· 2025-12-04· cited 2×
• State v. Gattuso
  Nevada Supreme Court· 1992-01-24

Cites

9 cases in this archive are cited by this case.

• North Carolina v. Pearce
  Supreme Court· 1969-06-23· cited 7,763×
• Smith v. Hooey
  Supreme Court· 1969-01-20· cited 1,132×
• Joseph L. Thomas v. United States
  Fifth Circuit· 1966-11-09· cited 168×
• In Re Lewallen
  California Supreme Court· 1979-02-09· cited 112×
• United States v. Guadalupe Rodringuez, Victoriano Lozano Vega, Rolando Garcia and Rene Castillo Tamez
  Fifth Circuit· 1974-08-05· cited 46×
• Tellis v. Sheriff of Clark County
  Nevada Supreme Court· 1969-10-02· cited 18×
• State v. Keith
  Washington Supreme Court· 1975-12-11· cited 17×
• Stevenson v. Sheriff
  Nevada Supreme Court· 1976-09-17· cited 2×
• Wammack v. Sheriff
  Nevada Supreme Court· 1970-03-06· cited 1×