residual clause (Nevada) · Go Syfert
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residual clause in Nevada

5 Nevada opinions name it 1 courts 1998–2019 0 in the last five years

The cases below were cited by Nevada courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Welch v. United Statesgreen
scotus · 2016 · cited in 4 Nevada opinions naming this issue, 2019–2019
2 sentences

2019SUPREME COURT OF NEVADA (0) 1947A , 41.7W Court announced its decision in Welch v. United States, 136 S. Ct. 1257, 1260-61 (2016) (holding that the decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which determined that the residual clause of the Armed Career Criminal Act of 1984 was void for vagueness, was retroactive). 2 See Clem v. State, 119 Nev. 615, 621 , 81 P.3d 521, 525 (2003) ("To establish good cause, appellants must show that an impediment external to the defense prevented their compliance with the applicable procedural rules . . . [such as] where the factual or legal ba

2019Welch, 136 S. Ct. at 1265 (retroactively applying a substantive rule that found the residual clause of the Armed Career Criminal Act of 1984 unconstitutional because it was void for vagueness); Montgomery, 136 S. Ct. at 736 (retroactively applying a substantive rule that found a mandatory sentence of life without parole for juvenile homicide offenders unconstitutional because it constituted cruel and unusual punishment).

44
Clem v. Stategreen
nev · 2003 · cited in 2 Nevada opinions naming this issue, 2019–2019
2 sentences

2019SUPREME COURT OF NEVADA (0) 1947A , 41.7W Court announced its decision in Welch v. United States, 136 S. Ct. 1257, 1260-61 (2016) (holding that the decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which determined that the residual clause of the Armed Career Criminal Act of 1984 was void for vagueness, was retroactive). 2 See Clem v. State, 119 Nev. 615, 621 , 81 P.3d 521, 525 (2003) ("To establish good cause, appellants must show that an impediment external to the defense prevented their compliance with the applicable procedural rules . . . [such as] where the factual or legal ba

2019SUPREME COURT OF NEVADA (0) 1947A , 41.7W Court announced its decision in Welch v. United States, 136 S. Ct. 1257, 1260-61 (2016) (holding that the decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which determined that the residual clause of the Armed Career Criminal Act of 1984 was void for vagueness, was retroactive). 2 See Clem v. State, 119 Nev. 615, 621 , 81 P.3d 521, 525 (2003) ("To establish good cause, appellants must show that an impediment external to the defense prevented their compliance with the applicable procedural rules . . . [such as] where the factual or legal ba

22
Idaho v. Wrightgreen
scotus · 1990 · cited in 1 Nevada opinions naming this issue, 1998–1998
2 sentences

1998See Idaho v. Wright, 497 U.S. 805, 817 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1989).

1998See Idaho v. Wright, 497 U.S. 805, 817 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Johnson v. United States green
scotus · 2015
2 sentences

2019SUPREME COURT OF NEVADA (0) 1947A , 41.7W Court announced its decision in Welch v. United States, 136 S. Ct. 1257, 1260-61 (2016) (holding that the decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which determined that the residual clause of the Armed Career Criminal Act of 1984 was void for vagueness, was retroactive). 2 See Clem v. State, 119 Nev. 615, 621 , 81 P.3d 521, 525 (2003) ("To establish good cause, appellants must show that an impediment external to the defense prevented their compliance with the applicable procedural rules . . . [such as] where the factual or legal ba

2019SUPREME COURT OF NEVADA (0) 1947A , 41.7W Court announced its decision in Welch v. United States, 136 S. Ct. 1257, 1260-61 (2016) (holding that the decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which determined that the residual clause of the Armed Career Criminal Act of 1984 was void for vagueness, was retroactive). 2 See Clem v. State, 119 Nev. 615, 621 , 81 P.3d 521, 525 (2003) ("To establish good cause, appellants must show that an impediment external to the defense prevented their compliance with the applicable procedural rules . . . [such as] where the factual or legal ba

22019–2019

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 34.726 (4) NV § Nev. Rev. Stat. § 34.810 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 51 (1988–2025) IL 45 (1984–2026) GA 42 (2008–2026) MN 40 (1970–2026) MT 26 (1988–2017) NC 26 (1984–2023) IA 25 (1994–2024) CA 25 (1982–2026) WI 23 (1978–2025) MI 22 (1998–2023) MA 16 (1982–2024) MS 15 (1968–2017) CO 14 (1986–2026) OR 11 (1984–2026) AZ 11 (1974–2024) NJ 10 (1955–2024) UT 10 (2001–2025) WA 10 (1990–2025) NM 10 (1990–2024) NE 10 (1993–2023) PA 9 (2005–2025) AK 8 (1972–2021) KY 8 (1989–2021) SD 8 (1985–2016) MD 8 (1995–2020) DE 7 (1999–2023) ND 7 (2009–2025) KS 7 (1992–2021) TX 6 (2002–2023) RI 6 (1996–2011) WV 5 (1990–2025) NV 5 (1998–2019) IN 5 (2005–2019) OK 4 (1967–2005) FL 4 (1963–2024) AR 4 (1992–2021) MO 4 (2002–2019) ID 3 (1988–2023) DC 3 (2004–2020) OH 2 (2006–2017) VT 2 (2023–2024) NY 2 (1980–1995) AL 2 (1995–2001) TN 2 (2016–2019) LA 2 (1962–1990) VI 2 (2002–2015) WY 2 (2003–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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