16 Nevada opinions name it 2 courts 2009–2020 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.
| Case | Followed | Cited |
|---|---|---|
State Ex Rel. Board of Parole Commissioners v. Morrowgreen2 sentences2020See id. at 274, 255 P.3d at 229-30. 11 By presenting this affirmative defense, Kinion and Elfriede met their burden as the parties moving for summary judgment, but did so without addressing the elements of and factual basis for Spencer's defamation counterclaim. 2020See id. at 274, 255 P.3d at 229-30. 11 By presenting this affirmative defense, Kinion and Elfriede met their burden as the parties moving for summary judgment, but did so without addressing the elements of and factual basis for Spencer's defamation counterclaim. | 2 | 2 |
In Re Marriage of Schiffmangreen2 sentences2017We further determine that cultural considerations should be 3 See, e.g., In re AILS., 171 P.3d 1148 , 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. 2017We further determine that cultural considerations should be 3 See, e.g., In re AILS.,171 P.3d 1148, 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. | 2 | 2 |
Cohee v. Coheegreen2 sentences2017We further determine that cultural considerations should be 3 See, e.g., In re AILS., 171 P.3d 1148 , 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. 2017We further determine that cultural considerations should be 3 See, e.g., In re AILS.,171 P.3d 1148, 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. | 2 | 2 |
Bobo v. Jewellgreen2 sentences2017We further determine that cultural considerations should be 3 See, e.g., In re AILS., 171 P.3d 1148 , 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. 2017We further determine that cultural considerations should be 3 See, e.g., In re AILS.,171 P.3d 1148, 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. | 2 | 2 |
Doherty v. Wiznergreen2 sentences2017We further determine that cultural considerations should be 3 See, e.g., In re AILS., 171 P.3d 1148 , 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. 2017We further determine that cultural considerations should be 3 See, e.g., In re AILS.,171 P.3d 1148, 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. | 2 | 2 |
Montgomery v. Wellsgreen2 sentences2017We further determine that cultural considerations should be 3 See, e.g., In re AILS., 171 P.3d 1148 , 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. 2017We further determine that cultural considerations should be 3 See, e.g., In re AILS.,171 P.3d 1148, 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. | 2 | 2 |
Ellis v. Caruccigreen2 sentences2015See NRS 125.480(4) ("In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things. .") (emphasis added); Ellis v. Carucci, 123 Nev. 145, 152 , 161 P.3d 239, 243 (2007) (in determining the best interest of a child, "courts should look to the factors set forth in NRS 125.480(4) as well as any other relevant considerations") (emphasis added). 2015See NRS 125.480(4) ("In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things. .") (emphasis added); Ellis v. Carucci, 123 Nev. 145, 152 , 161 P.3d 239, 243 (2007) (in determining the best interest of a child, "courts should look to the factors set forth in NRS 125.480(4) as well as any other relevant considerations") (emphasis added). | 2 | 2 |
Hotel Last Frontier Corp. v. Frontier Properties, Inc.green2 sentences2014This list of factors is "nonexhaustive," id., and we have recognized, "as a proper guide to the exercise of discretion, the basic underlying policy to have each case decided upon its merits." Hotel Last Frontier Corp. v. Frontier Props., Inc., 79 Nev. 150, 155, 380 P.2d 293, 295 (1963). 2014This list of factors is "nonexhaustive," id., and we have recognized, "as a proper guide to the exercise of discretion, the basic underlying policy to have each case decided upon its merits." Hotel Last Frontier Corp. v. Frontier Props., Inc., 79 Nev. 150, 155, 380 P.2d 293, 295 (1963). | 1 | 1 |
State v. Sturgeongreen2 sentences2012State v. Sturgeon, 231 Wis.2d 487 , 605 N.W.2d 589, 596 (Wis.Ct.App.1999). [9] We *100 agree that these are relevant considerations, but we also emphasize that this is not an exhaustive list and that "[t]he particular case may present other relevant considerations." Id. 2012State v. Sturgeon, 231 Wis.2d 487 , 605 N.W.2d 589, 596 (Wis.Ct.App.1999). [9] We *100 agree that these are relevant considerations, but we also emphasize that this is not an exhaustive list and that "[t]he particular case may present other relevant considerations." Id. | 1 | 1 |
Fisher v. Stategreen2 sentences2009App. 1996) (stating that it is within the legislative power to establish guidelines for deciding when a sentence of death is appropriate); cf. Fisher v. State, 690 So. 2d 268, 275-76 (Miss. 1996) (holding that a sentencing statute requiring imposition of a death sentence or life imprisonment did not run afoul of the separation of powers doctrine). 2009See U.S. v. Kerr, 686 F.Supp. 1174, 1183 (W.D.Pa.1988) ("[F]rom Congress' power to eliminate entirely judicial discretion in sentencing follows the power to limit discretion and assign specific values to sentencing factors."); Carter v. State, 422 N.E.2d 742, 744 (Ind.Ct.App.1981) (the establishment of a list of factors to be considered when determining sentences "does not invade the power of the judiciary"); Matchett v. State, 941 S.W.2d 922, 932 (Tex.Crim.App.1996) (stating that it is within the legislative power to establish guidelines for deciding when a sentence of death is appropriate); | 1 | 1 |
Carter v. Stategreen2 sentences2009Pa. 1988) (“[F]rom Congress’ power to eliminate entirely judicial discretion in sentencing follows the power to limit discretion and assign specific values to sentencing factors.”); Carter v. State, 422 N.E.2d 742, 744 (Ind. Ct. App. 1981) (the establishment of a list of factors to be considered when determining sentences “does not invade the power of the judiciary”); Matchett v. State, 941 S.W.2d 922, 932 (Tex. Crim. 2009See U.S. v. Kerr, 686 F.Supp. 1174, 1183 (W.D.Pa.1988) ("[F]rom Congress' power to eliminate entirely judicial discretion in sentencing follows the power to limit discretion and assign specific values to sentencing factors."); Carter v. State, 422 N.E.2d 742, 744 (Ind.Ct.App.1981) (the establishment of a list of factors to be considered when determining sentences "does not invade the power of the judiciary"); Matchett v. State, 941 S.W.2d 922, 932 (Tex.Crim.App.1996) (stating that it is within the legislative power to establish guidelines for deciding when a sentence of death is appropriate); | 1 | 1 |
United States v. Kerrgreen1 sentence2009See U.S. v. Kerr, 686 F.Supp. 1174, 1183 (W.D.Pa.1988) ("[F]rom Congress' power to eliminate entirely judicial discretion in sentencing follows the power to limit discretion and assign specific values to sentencing factors."); Carter v. State, 422 N.E.2d 742, 744 (Ind.Ct.App.1981) (the establishment of a list of factors to be considered when determining sentences "does not invade the power of the judiciary"); Matchett v. State, 941 S.W.2d 922, 932 (Tex.Crim.App.1996) (stating that it is within the legislative power to establish guidelines for deciding when a sentence of death is appropriate); | 1 | 1 |
Matchett v. Stategreen2 sentences2009Pa. 1988) (“[F]rom Congress’ power to eliminate entirely judicial discretion in sentencing follows the power to limit discretion and assign specific values to sentencing factors.”); Carter v. State, 422 N.E.2d 742, 744 (Ind. Ct. App. 1981) (the establishment of a list of factors to be considered when determining sentences “does not invade the power of the judiciary”); Matchett v. State, 941 S.W.2d 922, 932 (Tex. Crim. 2009See U.S. v. Kerr, 686 F.Supp. 1174, 1183 (W.D.Pa.1988) ("[F]rom Congress' power to eliminate entirely judicial discretion in sentencing follows the power to limit discretion and assign specific values to sentencing factors."); Carter v. State, 422 N.E.2d 742, 744 (Ind.Ct.App.1981) (the establishment of a list of factors to be considered when determining sentences "does not invade the power of the judiciary"); Matchett v. State, 941 S.W.2d 922, 932 (Tex.Crim.App.1996) (stating that it is within the legislative power to establish guidelines for deciding when a sentence of death is appropriate); | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. McCoyred2 sentences2009But see State v. McCoy, 94 Idaho 236 , 486 P.2d 247, 251-52 (1971) (holding that courts have an inherent right to suspend a sentence and a statute imposing a mandatory sentence, without any right to exercise judicial discretion, is unconstitutional). 2009But see State v. McCoy, 94 Idaho 236 , 486 P.2d 247, 251-52 (1971) (holding that courts have an inherent right to suspend a sentence and a statute imposing a mandatory sentence, without any right to exercise judicial discretion, is unconstitutional). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Board of Supervisors of Louisiana State University & Agricultural & Mechanical College v. 1732 Canal Street, L.L.C.
green
2 sentences2015Id. 2015Id. | 4 | 2015–2015 |
In Re ACS
green
2 sentences2017We further determine that cultural considerations should be 3 See, e.g., In re AILS., 171 P.3d 1148 , 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. 2017We further determine that cultural considerations should be 3 See, e.g., In re AILS.,171 P.3d 1148, 1152-53 (Alaska 2007); In re Marriage of Schiffman, 620 P.2d 579, 583 (Cal. 1980); Montgomery v. Wells, 708 N.W.2d 704, 708-09 (Iowa Ct. App. 2005); Cohee v. Cohee, 317 N.W.2d 381, 384 (Neb. 1982); Bobo v. Jewell, 528 N.E.2d 180, 185 (Ohio 1988); Doherty v. Wizner, 150 P.3d 456, 461-62 (Or. | 2 | 2017–2017 |
Kendall v. Turner (In Re Turner)
green
1 sentence2019Id. at 146 & n.7 (referencing a list of factors for courts to consider whether a transfer was made with actual intent pursuant to California's fraudulent transfer law (citing Cal. Civ. | 1 | 2019–2019 |
Arnold v. Kip
green
2 sentences2014This list of factors is "nonexhaustive," id., and we have recognized, "as a proper guide to the exercise of discretion, the basic underlying policy to have each case decided upon its merits." Hotel Last Frontier Corp. v. Frontier Props., Inc., 79 Nev. 150, 155 , 380 P.2d 293, 295 (1963). 2014This list of factors is "nonexhaustive," id., and we have recognized, "as a proper guide to the exercise of discretion, the basic underlying policy to have each case decided upon its merits." Hotel Last Frontier Corp. v. Frontier Props., Inc., 79 Nev. 150, 155, 380 P.2d 293, 295 (1963). | 1 | 2014–2014 |
Leibowitz v. EIGHTH JUD. DISTRICT COURT
green
2 sentences2012To assist the district court in making this determination, this court went so far as to set forth a list of factors to consider. 4 Id. at 534 , 78 P.3d at 522 . 2012To assist the district court in making this determination, this court went so far as to set forth a list of factors to consider. 4 Id. at 534 , 78 P.3d at 522 . | 1 | 2012–2012 |
Hallmark v. Eldridge
green
2 sentences2010Id. at ___, 189 P.3d at 651-52 . 2010Id. at ___, 189 P.3d at 651-52 . | 1 | 2010–2010 |
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.
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.