defendant guilty absent error (Nevada) · Go Syfert
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defendant guilty absent error in Nevada

16 Nevada opinions name it 2 courts 2000–2025 2 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 (14)

CaseFollowedCited
Nay v. Stategreen
nev · 2007 · cited in 6 Nevada opinions naming this issue, 2017–2024
2 sentences

2024See Nay, 123 Nev. at 333-34 , 167 P.3d at 435 (recognizing that harmless-error review applies to jury instruction errors). "[A]n error is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." Id. at 334, 167 P.3d at 435 (quoting Wegner v. State, 116 Nev, 1149, 1155, 14 P.3d 25, 30 (2000), overruled on other grounds by Rosas v. State, 122 Nev. 1258 , 1267- 68, 147 P.3d 1101, 1108 (2006) (further internal quotation marks omitted)).

2024See Nay, 123 Nev. at 333-34 , 167 P.3d at 435 (recognizing that harmless-error review applies to jury instruction errors). "[A]n error is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." Id. at 334, 167 P.3d at 435 (quoting Wegner v. State, 116 Nev, 1149, 1155, 14 P.3d 25, 30 (2000), overruled on other grounds by Rosas v. State, 122 Nev. 1258 , 1267- 68, 147 P.3d 1101, 1108 (2006) (further internal quotation marks omitted)).

56
Allred v. Stategreen
nev · 2004 · cited in 3 Nevada opinions naming this issue, 2011–2025
2 sentences

2025See Allred v. State, 120 Nev. 410, 415 , 92 P.3d 1246, 1250 (2004) ("An error is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." (internal quotation marks ornitted)).

2025See Allred v. State, 120 Nev. 410, 415 , 92 P.3d 1246, 1250 (2004) ("An error is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." (internal quotation marks ornitted)).

33
Wegner v. Stategreen
nev · 2000 · cited in 3 Nevada opinions naming this issue, 2002–2024
2 sentences

2024See Nay, 123 Nev. at 333-34 , 167 P.3d at 435 (recognizing that harmless-error review applies to jury instruction errors). "[A]n error is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." Id. at 334, 167 P.3d at 435 (quoting Wegner v. State, 116 Nev, 1149, 1155, 14 P.3d 25, 30 (2000), overruled on other grounds by Rosas v. State, 122 Nev. 1258 , 1267- 68, 147 P.3d 1101, 1108 (2006) (further internal quotation marks omitted)).

2020The improper exclusion of a jury instruction is harmless error "when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." Wegner v. State, 116 Nev. 1149, 1155-56 , 14 P.3d 25, 30 (2000), overruled on other grounds by Rosas v. State, 122 Nev, 1258, 147 P.3d 1101 (2006) (internal quotation marks omitted).

33
Neder v. United Statesgreen
scotus · 1999 · cited in 5 Nevada opinions naming this issue, 2000–2008
2 sentences

2008The test under Chapman for constitutional trial error is “whether it is ‘clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.’ ” Tavares, 117 Nev. at 732 n.14, 30 P.3d at 1132 n.14 (quoting Neder, 527 U.S. at 18 ).

2002This instruction, without more, would warrant a finding of plain reversible error, because it would allow for a conviction based on mere aiding and abetting, or aiding and abetting a battery when [Sharma] lacked the intent to kill [Ranadey] when [he] acted." [27] Collman v. State, 116 Nev. 687 , 722-23, 7 P.3d 426, 449 (2000) (in assessing harmless error, the court must ask: "`[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'" (quoting Neder v. United States, 527 U.S. 1, 18 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999))). [28] Wegn

25
Rosas v. Stategreen
nev · 2006 · cited in 2 Nevada opinions naming this issue, 2020–2024
2 sentences

2024See Nay, 123 Nev. at 333-34 , 167 P.3d at 435 (recognizing that harmless-error review applies to jury instruction errors). "[A]n error is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." Id. at 334, 167 P.3d at 435 (quoting Wegner v. State, 116 Nev, 1149, 1155, 14 P.3d 25, 30 (2000), overruled on other grounds by Rosas v. State, 122 Nev. 1258 , 1267- 68, 147 P.3d 1101, 1108 (2006) (further internal quotation marks omitted)).

2024See Nay, 123 Nev. at 333-34 , 167 P.3d at 435 (recognizing that harmless-error review applies to jury instruction errors). "[A]n error is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." Id. at 334, 167 P.3d at 435 (quoting Wegner v. State, 116 Nev, 1149, 1155, 14 P.3d 25, 30 (2000), overruled on other grounds by Rosas v. State, 122 Nev. 1258 , 1267- 68, 147 P.3d 1101, 1108 (2006) (further internal quotation marks omitted)).

12
Savage v. Piersongreen
nev · 2007 · cited in 1 Nevada opinions naming this issue, 2024–2024
1 sentence

2024See Nay, 123 Nev. at 333-34 , 167 P.3d at 435 (recognizing that harmless-error review applies to jury instruction errors). "[A]n error is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." Id. at 334, 167 P.3d at 435 (quoting Wegner v. State, 116 Nev, 1149, 1155, 14 P.3d 25, 30 (2000), overruled on other grounds by Rosas v. State, 122 Nev. 1258 , 1267- 68, 147 P.3d 1101, 1108 (2006) (further internal quotation marks omitted)).

11
Rose v. Stategreen
nev · 2011 · cited in 1 Nevada opinions naming this issue, 2020–2020
2 sentences

2020Moreover, "[t]he district court has broad discretion to settle jury instructions," Crawford v. State, 121 Nev. 744, 748 , 121 P.3d 582, 585 (2005), and any error in giving Jury Instruction No. 50 would have been harmless, see Rose v. State, 127 Nev. 494, 500 , 255 P.3d 291, 295 (2011) ("An erroneous instruction on the elements of an offense is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." (internal quotation marks omitted)).

2020Moreover, "[t]he district court has broad discretion to settle jury instructions," Crawford v. State, 121 Nev. 744, 748 , 121 P.3d 582, 585 (2005), and any error in giving Jury Instruction No. 50 would have been harmless, see Rose v. State, 127 Nev. 494, 500 , 255 P.3d 291, 295 (2011) ("An erroneous instruction on the elements of an offense is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." (internal quotation marks omitted)).

11
Crawford v. Stategreen
nev · 2005 · cited in 1 Nevada opinions naming this issue, 2020–2020
2 sentences

2020Moreover, "[t]he district court has broad discretion to settle jury instructions," Crawford v. State, 121 Nev. 744, 748 , 121 P.3d 582, 585 (2005), and any error in giving Jury Instruction No. 50 would have been harmless, see Rose v. State, 127 Nev. 494, 500 , 255 P.3d 291, 295 (2011) ("An erroneous instruction on the elements of an offense is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." (internal quotation marks omitted)).

2020Moreover, "[t]he district court has broad discretion to settle jury instructions," Crawford v. State, 121 Nev. 744, 748 , 121 P.3d 582, 585 (2005), and any error in giving Jury Instruction No. 50 would have been harmless, see Rose v. State, 127 Nev. 494, 500 , 255 P.3d 291, 295 (2011) ("An erroneous instruction on the elements of an offense is harmless when it is clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error." (internal quotation marks omitted)).

11
State v. Mooregreen
nev · 1925 · cited in 1 Nevada opinions naming this issue, 2017–2017
2 sentences

2017"An instruction, to be applicable, must have some basis in the evidence." State v. Moore, 48 Nev. 405, 414 , 233 P. 523, 525-26 (1925); see Zahavi, 131 Nev., Adv.

2017"An instruction, to be applicable, must have some basis in the evidence." State v. Moore, 48 Nev. 405, 414 , 233 P. 523, 525-26 (1925); see Zahavi, 131 Nev., Adv.

11
Cooper v. Stategreen
nev · 1978 · cited in 1 Nevada opinions naming this issue, 2002–2002
2 sentences

2002This instruction, without more, would warrant a finding of plain reversible error, because it would allow for a conviction based on mere aiding and abetting, or aiding and abetting a battery when [Sharma] lacked the intent to kill [Ranadey] when [he] acted." [27] Collman v. State, 116 Nev. 687 , 722-23, 7 P.3d 426, 449 (2000) (in assessing harmless error, the court must ask: "`[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'" (quoting Neder v. United States, 527 U.S. 1, 18 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999))). [28] Wegn

2002This instruction, without more, would warrant a finding of plain reversible error, because it would allow for a conviction based on mere aiding and abetting, or aiding and abetting a battery when [Sharma] lacked the intent to kill [Ranadey] when [he] acted." [27] Collman v. State, 116 Nev. 687 , 722-23, 7 P.3d 426, 449 (2000) (in assessing harmless error, the court must ask: "`[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'" (quoting Neder v. United States, 527 U.S. 1, 18 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999))). [28] Wegn

11
Collman v. Stategreen
nev · 2000 · cited in 1 Nevada opinions naming this issue, 2002–2002
1 sentence

2002This instruction, without more, would warrant a finding of plain reversible error, because it would allow for a conviction based on mere aiding and abetting, or aiding and abetting a battery when [Sharma] lacked the intent to kill [Ranadey] when [he] acted." [27] Collman v. State, 116 Nev. 687 , 722-23, 7 P.3d 426, 449 (2000) (in assessing harmless error, the court must ask: "`[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'" (quoting Neder v. United States, 527 U.S. 1, 18 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999))). [28] Wegn

11
People v. Beemangreen
cal · 1984 · cited in 1 Nevada opinions naming this issue, 2002–2002
2 sentences

2002This instruction, without more, would warrant a finding of plain reversible error, because it would allow for a conviction based on mere aiding and abetting, or aiding and abetting a battery when [Sharma] lacked the intent to kill [Ranadey] when [he] acted." [27] Collman v. State, 116 Nev. 687 , 722-23, 7 P.3d 426, 449 (2000) (in assessing harmless error, the court must ask: "`[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'" (quoting Neder v. United States, 527 U.S. 1, 18 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999))). [28] Wegn

2002This instruction, without more, would warrant a finding of plain reversible error, because it would allow for a conviction based on mere aiding and abetting, or aiding and abetting a battery when [Sharma] lacked the intent to kill [Ranadey] when [he] acted." [27] Collman v. State, 116 Nev. 687 , 722-23, 7 P.3d 426, 449 (2000) (in assessing harmless error, the court must ask: "`[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'" (quoting Neder v. United States, 527 U.S. 1, 18 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999))). [28] Wegn

11
Dearman v. Stategreen
nev · 1977 · cited in 1 Nevada opinions naming this issue, 2002–2002
2 sentences

2002This instruction, without more, would warrant a finding of plain reversible error, because it would allow for a conviction based on mere aiding and abetting, or aiding and abetting a battery when [Sharma] lacked the intent to kill [Ranadey] when [he] acted." [27] Collman v. State, 116 Nev. 687 , 722-23, 7 P.3d 426, 449 (2000) (in assessing harmless error, the court must ask: "`[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'" (quoting Neder v. United States, 527 U.S. 1, 18 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999))). [28] Wegn

2002This instruction, without more, would warrant a finding of plain reversible error, because it would allow for a conviction based on mere aiding and abetting, or aiding and abetting a battery when [Sharma] lacked the intent to kill [Ranadey] when [he] acted." [27] Collman v. State, 116 Nev. 687 , 722-23, 7 P.3d 426, 449 (2000) (in assessing harmless error, the court must ask: "`[i]s it clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error?'" (quoting Neder v. United States, 527 U.S. 1, 18 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999))). [28] Wegn

11
Sullivan v. Louisianagreen
scotus · 1993 · cited in 1 Nevada opinions naming this issue, 2000–2000
1 sentence

2000Moreover, Neder concluded that jury instruction errors are subject to a harmless-error analysis if they do not involve the type of jury instruction *1156 error which “vitiates all the jury’s findings” and produces “consequences that are necessarily unquantifiable and indeterminate.’ ’ Id. at 10-11 (citing Sullivan v. Louisiana, 508 U.S. 275, 281-82 (1993)).

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 (2)

CaseCitedYears
Tavares v. State green
nev · 2001
2 sentences

2008The test under Chapman for constitutional trial error is “whether it is ‘clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.’ ” Tavares, 117 Nev. at 732 n.14, 30 P.3d at 1132 n.14 (quoting Neder, 527 U.S. at 18 ).

2008The test under Chapman for constitutional trial error is “whether it is ‘clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.’ ” Tavares, 117 Nev. at 732 n.14, 30 P.3d at 1132 n.14 (quoting Neder, 527 U.S. at 18 ).

12008–2008
Kotteakos v. United States green
scotus · 1946
1 sentence

2001Under the Chapman standard, we ask whether it is “clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.” Neder v. United States, 527 U.S. 1, 18 (1999) (discussing Chapman and the United States Supreme Court cases decided under Chapman). 15 328 U.S. 750 (1946). 16 See Fed.

12001–2001

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 200.030 (6) NV § Nev. Rev. Stat. § 100.060 (4) NV § Nev. Rev. Stat. § 100.065 (4) NV § Nev. Rev. Stat. § 100.075 (4) NV § Nev. Rev. Stat. § 100.085 (4) NV § Nev. Rev. Stat. § 100.091 (4) NV § Nev. Rev. Stat. § 111.063 (4) NV § Nev. Rev. Stat. § 111.065 (4) NV § Nev. Rev. Stat. § 200.010 (4) NV § Nev. Rev. Stat. § 200.020 (4) NV § Nev. Rev. Stat. § 205.300 (4) NV § Nev. Rev. Stat. § 48.045 (3)

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

WI 129 (2002–2026) CA 75 (1999–2026) MI 59 (2001–2025) IL 28 (2001–2025) VA 28 (2017–2026) NV 16 (2000–2025) ID 10 (2010–2022) DC 5 (2005–2025) FL 5 (2007–2018) NC 5 (2005–2005) OK 4 (2004–2016) TN 3 (2000–2014) CT 3 (2000–2020) TX 3 (2008–2008) IN 3 (2019–2020) MS 2 (2010–2014) NM 2 (2004–2004)

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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