second penalty hearing (Nevada) · Go Syfert
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second penalty hearing in Nevada

13 Nevada opinions name it 1 courts 1989–2021 1 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 (7)

CaseFollowedCited
Hall v. Stategreen
nev · 1975 · cited in 2 Nevada opinions naming this issue, 1991–1994
2 sentences

1994In Hall v. State, 91 Nev. 314, 315 , 535 P.2d 797, 798 (1975), we stated: “The law of a first appeal is the law of the case on all subsequent appeals in which the facts are substantially the same.” Accordingly, we need not reconsider an issue which we have previously decided in this same case.

1994In Hall v. State, 91 Nev. 314, 315 , 535 P.2d 797, 798 (1975), we stated: “The law of a first appeal is the law of the case on all subsequent appeals in which the facts are substantially the same.” Accordingly, we need not reconsider an issue which we have previously decided in this same case.

22
Cullen v. Pinholstergreen
scotus · 2011 · cited in 1 Nevada opinions naming this issue, 2016–2016
1 sentence

2016See Cullen v. Pinholster, 563 U.S. 170, 196 (2011) (explaining that an appellate court is "required not simply to give the attorneys the benefit of the doubt, but to affirmatively entertain the range of possible reasons [the petitioner's] counsel may have had for proceeding as they did" (internal quotation marks, alterations, and citations omitted)).

11
Thomas v. Stategreen
nev · 2004 · cited in 1 Nevada opinions naming this issue, 2016–2016
2 sentences

2016The death sentences were later reversed in a postconviction proceeding, Thomas v. State, 120 Nev. 37, 45 , 83 P.3d 818, 824 (2004), and a second penalty hearing was held.

2016The death sentences were later reversed in a postconviction proceeding, Thomas v. State, 120 Nev. 37, 45 , 83 P.3d 818, 824 (2004), and a second penalty hearing was held.

11
Doleman v. Stategreen
nev · 1996 · cited in 1 Nevada opinions naming this issue, 2016–2016
2 sentences

2016"A strategy decision, such as who should be called as a witness, is a tactical decision that is virtually unchallengeable absent extraordinary circumstances." Doleman v. State, 112 Nev. 843, 848 , 921 P.2d 278, 280-81 (1996) (internal quotation marks omitted).

2016"A strategy decision, such as who should be called as a witness, is a tactical decision that is virtually unchallengeable absent extraordinary circumstances." Doleman v. State, 112 Nev. 843, 848 , 921 P.2d 278, 280-81 (1996) (internal quotation marks omitted).

11
McNelton v. Stategreen
nev · 1995 · cited in 1 Nevada opinions naming this issue, 2008–2008
2 sentences

2008There was no suggestion in the record before us that these offenses were violent, and their revelation pales in comparison to Browning’s prior felony convictions for violent crimes. 64 Bennett, 121 Nev. at 810 , 121 P.3d at 610 . 65 Id. at 810-11, 121 P.3d at 611 . 66 Again, we note the one exception explained in note 63. 67 Hernandez v. State, 118 Nev. 513, 535 , 50 P.3d 1100, 1115 (2002). 68 See McNelton v. State, 111 Nev. 900, 907-08 , 900 P.2d 934, 938 (1995) (upholding the under-a-sentence-of-imprisonment aggravating circumstance “when a defendant commits the murder while still serving hi

2008There was no suggestion in the record before us that these offenses were violent, and their revelation pales in comparison to Browning’s prior felony convictions for violent crimes. 64 Bennett, 121 Nev. at 810 , 121 P.3d at 610 . 65 Id. at 810-11, 121 P.3d at 611 . 66 Again, we note the one exception explained in note 63. 67 Hernandez v. State, 118 Nev. 513, 535 , 50 P.3d 1100, 1115 (2002). 68 See McNelton v. State, 111 Nev. 900, 907-08 , 900 P.2d 934, 938 (1995) (upholding the under-a-sentence-of-imprisonment aggravating circumstance “when a defendant commits the murder while still serving hi

11
Hernandez v. Stategreen
nev · 2002 · cited in 1 Nevada opinions naming this issue, 2008–2008
2 sentences

2008There was no suggestion in the record before us that these offenses were violent, and their revelation pales in comparison to Browning’s prior felony convictions for violent crimes. 64 Bennett, 121 Nev. at 810 , 121 P.3d at 610 . 65 Id. at 810-11, 121 P.3d at 611 . 66 Again, we note the one exception explained in note 63. 67 Hernandez v. State, 118 Nev. 513, 535 , 50 P.3d 1100, 1115 (2002). 68 See McNelton v. State, 111 Nev. 900, 907-08 , 900 P.2d 934, 938 (1995) (upholding the under-a-sentence-of-imprisonment aggravating circumstance “when a defendant commits the murder while still serving hi

2008There was no suggestion in the record before us that these offenses were violent, and their revelation pales in comparison to Browning’s prior felony convictions for violent crimes. 64 Bennett, 121 Nev. at 810 , 121 P.3d at 610 . 65 Id. at 810-11, 121 P.3d at 611 . 66 Again, we note the one exception explained in note 63. 67 Hernandez v. State, 118 Nev. 513, 535 , 50 P.3d 1100, 1115 (2002). 68 See McNelton v. State, 111 Nev. 900, 907-08 , 900 P.2d 934, 938 (1995) (upholding the under-a-sentence-of-imprisonment aggravating circumstance “when a defendant commits the murder while still serving hi

11
Jimenez v. Stategreen
nev · 1989 · cited in 1 Nevada opinions naming this issue, 1990–1990
2 sentences

1990See Jimenez v. State, 105 Nev. 337 , 775 P.2d 694 (1989).

1990See Jimenez v. State, 105 Nev. 337 , 775 P.2d 694 (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 (6)

CaseCitedYears
Mazzan v. State green
nev · 1987
2 sentences

2000Mazzan v. State (Mazzan II), 103 Nev. 69 , 733 P.2d 850 (1987).

2000Mazzan v. State (Mazzan II), 103 Nev. 69 , 733 P.2d 850 (1987).

31989–2000
Tracy Petrocelli v. Renee Baker green
ca9 · 2017
1 sentence

2021After being granted relief as to the death sentence, see Petrocelli v. Baker, 869 F.3d 710 (9th Cir. 2017), Petrocelli received a second penalty hearing.

12021–2021
Bennett v. Eighth Judicial District Court of Nevada Ex Rel. County of Clark green
nev · 2005
2 sentences

2008There was no suggestion in the record before us that these offenses were violent, and their revelation pales in comparison to Browning’s prior felony convictions for violent crimes. 64 Bennett, 121 Nev. at 810 , 121 P.3d at 610 . 65 Id. at 810-11, 121 P.3d at 611 . 66 Again, we note the one exception explained in note 63. 67 Hernandez v. State, 118 Nev. 513, 535 , 50 P.3d 1100, 1115 (2002). 68 See McNelton v. State, 111 Nev. 900, 907-08 , 900 P.2d 934, 938 (1995) (upholding the under-a-sentence-of-imprisonment aggravating circumstance “when a defendant commits the murder while still serving hi

2008There was no suggestion in the record before us that these offenses were violent, and their revelation pales in comparison to Browning’s prior felony convictions for violent crimes. 64 Bennett, 121 Nev. at 810 , 121 P.3d at 610 . 65 Id. at 810-11, 121 P.3d at 611 . 66 Again, we note the one exception explained in note 63. 67 Hernandez v. State, 118 Nev. 513, 535 , 50 P.3d 1100, 1115 (2002). 68 See McNelton v. State, 111 Nev. 900, 907-08 , 900 P.2d 934, 938 (1995) (upholding the under-a-sentence-of-imprisonment aggravating circumstance “when a defendant commits the murder while still serving hi

12008–2008
Flanagan v. State green
nev · 1993
2 sentences

1996Flanagan III, 109 Nev. at 52 , 846 P.2d at 1055 .

1996Flanagan III, 109 Nev. at 52 , 846 P.2d at 1055 .

11996–1996
Jimenez v. State green
nev · 1990
2 sentences

1996Jimenez v. State, 106 Nev. 769 , 801 P.2d 1366 (1990).

1996Jimenez v. State, 106 Nev. 769 , 801 P.2d 1366 (1990).

11996–1996
Flanagan v. State green
nev · 1991
2 sentences

1993Flanagan v. State, 107 Nev. 243 , 810 P.2d 759 (1991).

1993Flanagan v. State, 107 Nev. 243 , 810 P.2d 759 (1991).

11993–1993

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 200.033 (6) NV § Nev. Rev. Stat. § 175.552 (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

NV 13 (1989–2021) DE 4 (1996–2014) CT 2 (1999–2004) UT 2 (1993–1996) PA 2 (2002–2011) LA 2 (1998–2009)

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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