Nevada Supreme Court· 4/2/1998
Daniels v. State
Citations
- 956 P.2d 111
- 114 Nev. 261
- 1998 Nev. LEXIS 39
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the failure to collect evidence violates due process when police with gross negligence or bad faith fail to collect material evidence
- recognizing that the failure to gather evidence only amounts to a due process violation where the evidence is material and the failure to gather evidence was the result of gross negligence or bad faith
- holding that the defendant’s “claimed 19 incapacity to form specific intent [due to voluntary intoxication] would not shield him from 20 culpability for robbery and concomitant culpability for first-degree murder under the felony 21 murder rule”
- explaining that in determining if the police's failure to gather evidence rises to the level of injustice, the court must consider whether the evidence was material
- holding dismissal of charged for failure to gather evidence is only a possibility where the failure was in bad faith and there is a 19 reasonable probability of a different result had the evidence been collected
- explaining the remedies a district court can give to a defendant who challenges the State's failure to preserve evidence at trial
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerCited by
28 cases in this archive cite this case; the 20 most cited are listed.
- Jackson v. StateNevada Supreme Court· 2012-12-06· cited 102×
- Higgs v. StateNevada Supreme Court· 2010-01-14· cited 80×
- Grey v. StateNevada Supreme Court· 2008-03-13· cited 74×
- Steese v. StateNevada Supreme Court· 1998-05-19· cited 59×
- Williams v. StateNevada Supreme Court· 2005-12-29· cited 45×
- Randolph v. StateNevada Supreme Court· 2001-12-14· cited 32×
- Mortensen v. StateNevada Supreme Court· 1999-09-27· cited 26×
- BELCHER, JR. (NORMAN) VS. STATE (DEATH PENALTY-DIRECT)Nevada Supreme Court· 2020-06-04· cited 26×
- Nolan v. StateNevada Supreme Court· 2006-04-20· cited 20×
- Johnson v. StateNevada Supreme Court· 2001-02-23· cited 18×
- Chapman v. StateNevada Supreme Court· 2001-01-29· cited 12×
- Guerrina v. StateNevada Supreme Court· 2018-06-07· cited 12×
- Gordon v. StateNevada Supreme Court· 2005-08-11· cited 11×
- Leonard v. StateNevada Supreme Court· 1998-08-12· cited 9×
- Klein v. Warden, Ely State PrisonNevada Supreme Court· 2002-04-16· cited 7×
- Gallimort v. StateNevada Supreme Court· 2000-03-10· cited 5×
- GUERRINA (ROBERT) VS. STATENevada Supreme Court· 2018-06-07
- Clark (Walter) Vs. StateNevada Supreme Court· 2019-09-12
- Robinson (Darrius) Vs. StateNevada Supreme Court· 2019-12-12
- Ovalle (Michael) Vs. StateNevada Supreme Court· 2019-12-20
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.