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9 Nevada opinions name it 2 courts 1936–2016 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 |
|---|---|---|
Crawford v. Stategreen2 sentences2016While we agree with Robles that the district erred in refusing to give his inverse instructions, see Crawford, 121 Nev. at 753 , 121 P.3d at 588 ("[S]pecific jury instructions that remind jurors that they may not convict the defendant if proof of a particular element is lacking should be given upon request," and the giving of a positive instruction on the elements of a crime "does not justify refusing a properly worded negatively phrased position or theory instruction." (internal quotation marks omitted)), we 5To the extent Robles argues that the jury should have been instructed that the crime 2016While we agree with Robles that the district erred in refusing to give his inverse instructions, see Crawford, 121 Nev. at 753 , 121 P.3d at 588 ("[S]pecific jury instructions that remind jurors that they may not convict the defendant if proof of a particular element is lacking should be given upon request," and the giving of a positive instruction on the elements of a crime "does not justify refusing a properly worded negatively phrased position or theory instruction." (internal quotation marks omitted)), we 5To the extent Robles argues that the jury should have been instructed that the crime | 6 | 6 |
Brooks v. Stategreen2 sentences2013"A positive instruction as to the elements of the crime does SUPREME COURT OF NEVADA (0) 1947A 4 W41;i:MTP not justify refusing a properly worded negatively phrased position or theory instruction." Brooks v. State, 124 Nev. 203, 211 , 180 P.3d 657, 662 (2008) (internal quotation marks and alternation omitted). "[T]he district court is ultimately responsible for not only assuring that the substance of the defendant's requested instruction is provided to the jury, but that the jury is otherwise fully and correctly instructed." Crawford v. State, 121 Nev. 744, 754-55 , 121 P.3d 582, 589 (2005). 2013"A positive instruction as to the elements of the crime does SUPREME COURT OF NEVADA (0) 1947A 4 W41;i:MTP not justify refusing a properly worded negatively phrased position or theory instruction." Brooks v. State, 124 Nev. 203, 211 , 180 P.3d 657, 662 (2008) (internal quotation marks and alternation omitted). "[T]he district court is ultimately responsible for not only assuring that the substance of the defendant's requested instruction is provided to the jury, but that the jury is otherwise fully and correctly instructed." Crawford v. State, 121 Nev. 744, 754-55 , 121 P.3d 582, 589 (2005). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Hugh N. Manning
green
1 sentence1987Manning, supra. Phillip’s “position” was that, because he was merely present, he did not knowingly aid his brother in the commission of the crime. | 1 | 1987–1987 |
Singer v. Martin
neutral
2 sentences1957In Singer v. Martin, 96 Wash. 231 , 164 P. 1105, 1108 , it was held that a statute limiting speed at intersections within city limits was available to a passenger in a taxicab, the court stating: *161 “The further claim that the speed statute can only be invoked in favor of pedestrians is without merit. * * * It imposed a positive rule of conduct upon all drivers. 1957In Singer v. Martin, 96 Wash. 231 , 164 P. 1105, 1108 , it was held that a statute limiting speed at intersections within city limits was available to a passenger in a taxicab, the court stating: *161 “The further claim that the speed statute can only be invoked in favor of pedestrians is without merit. * * * It imposed a positive rule of conduct upon all drivers. | 1 | 1957–1957 |
Phillips v. Snowden Placer Co.
green
2 sentences1936Appellants cite the cases of Phillips v. Snowden Placer Co., 40 Nev. 66 , 160 P. 786 , and Didier v. Webster Mines Corporation, 49 Nev. 5 , 234 P. 520 , in which it was held that the purpose of the statute was to give actual notice to workmen or materialmen that the owner *Page 173 of the property disclaims responsibility for liens upon it for their services or supplies. 1936Appellants cite the cases of Phillips v. Snowden Placer Co., 40 Nev. 66 , 160 P. 786 , and Didier v. Webster Mines Corporation, 49 Nev. 5 , 234 P. 520 , in which it was held that the purpose of the statute was to give actual notice to workmen or materialmen that the owner *Page 173 of the property disclaims responsibility for liens upon it for their services or supplies. | 1 | 1936–1936 |
Didier v. Webster Mines Corporation
green
2 sentences1936Appellants cite the cases of Phillips v. Snowden Placer Co., 40 Nev. 66 , 160 P. 786 , and Didier v. Webster Mines Corporation, 49 Nev. 5 , 234 P. 520 , in which it was held that the purpose of the statute was to give actual notice to workmen or materialmen that the owner *Page 173 of the property disclaims responsibility for liens upon it for their services or supplies. 1936Appellants cite the cases of Phillips v. Snowden Placer Co., 40 Nev. 66 , 160 P. 786 , and Didier v. Webster Mines Corporation, 49 Nev. 5 , 234 P. 520 , in which it was held that the purpose of the statute was to give actual notice to workmen or materialmen that the owner *Page 173 of the property disclaims responsibility for liens upon it for their services or supplies. | 1 | 1936–1936 |
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.