retroactivity analysis (Nevada) · Go Syfert
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retroactivity analysis in Nevada

9 Nevada opinions name it 2 courts 1982–2021 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 (5)

CaseFollowedCited
Teague v. Lanegreen
scotus · 1989 · cited in 5 Nevada opinions naming this issue, 2014–2018
2 sentences

2018The threshold requirement for the applicability of Teague's retroactivity framework is that the new rule at issue must be a constitutional rule. 2 See Teague , 489 U.S. at 306 , 109 S.Ct. 1060 .

2018The threshold requirement for the applicability of Teague's retroactivity framework is that the new rule at issue must be a constitutional rule. 2 See Teague , 489 U.S. at 306 , 109 S.Ct. 1060 .

25
Hamdan v. Rumsfeldyellow
scotus · 2006 · cited in 1 Nevada opinions naming this issue, 2012–2012
1 sentence

2012Application of ‘‘a jurisdiction-conferring or jurisdiction-stripping statute usually ‘takes away no substantive right but simply changes the tribunal that is to hear the case.”’ Hamdan v. Rumsfeld, 548 U.S. 557, 576-77 (2006) (quoting Hallowell v. Commons, 239 U.S. 506, 508 (1916)).

11
Hallowell v. Commonsgreen
scotus · 1916 · cited in 1 Nevada opinions naming this issue, 2012–2012
1 sentence

2012Application of ‘‘a jurisdiction-conferring or jurisdiction-stripping statute usually ‘takes away no substantive right but simply changes the tribunal that is to hear the case.”’ Hamdan v. Rumsfeld, 548 U.S. 557, 576-77 (2006) (quoting Hallowell v. Commons, 239 U.S. 506, 508 (1916)).

11
Landgraf v. USI Film Productsgreen
scotus · 1994 · cited in 1 Nevada opinions naming this issue, 2012–2012
1 sentence

2012The parties focus on whether NRS 62B.330(3)(e)(2) is retroactive, but a retroactivity analysis is unnecessary because NRS 62B.330(3)(e)(2) is a jurisdictional statute. 5 “[Sjtatutes ‘conferring or ousting jurisdiction’ that ‘speak to the power of the court rather than to the rights or obligations of the parties’ generally do not raise concerns about retroactivity.” Henry v. Ashcroft, 175 F. Supp. 2d 688, 693 (S.D.N.Y. 2001) (quoting Landgraf v. USI Film Products, 511 U.S. 244, 274 (1994)).

11
Henry v. Ashcroftgreen
nysd · 2001 · cited in 1 Nevada opinions naming this issue, 2012–2012
1 sentence

2012The parties focus on whether NRS 62B.330(3)(e)(2) is retroactive, but a retroactivity analysis is unnecessary because NRS 62B.330(3)(e)(2) is a jurisdictional statute. 5 “[Sjtatutes ‘conferring or ousting jurisdiction’ that ‘speak to the power of the court rather than to the rights or obligations of the parties’ generally do not raise concerns about retroactivity.” Henry v. Ashcroft, 175 F. Supp. 2d 688, 693 (S.D.N.Y. 2001) (quoting Landgraf v. USI Film Products, 511 U.S. 244, 274 (1994)).

11

Distinguished, questioned or overruled (3)

CaseNegativeCited
Tehan v. United States Ex Rel. Shottgreen
scotus · 1965 · cited in 1 Nevada opinions naming this issue, 1982–1982
1 sentence

1982But see, Stovall v. Denno, 388 U.S. 293 (1967). 2 In Tehan v. United States, 382 U.S. 406 (1966), the Court was required to determine the retroactivity of the rule established in Griffin v. California, 380 U.S. 609 (1965): adverse comment by a prosecutor or judge upon a defendant’s failure to testify violates the Fifth Amendment privilege against self-incrimination.

11
Stovall v. Dennogreen
scotus · 1967 · cited in 1 Nevada opinions naming this issue, 1982–1982
1 sentence

1982But see, Stovall v. Denno, 388 U.S. 293 (1967). 2 In Tehan v. United States, 382 U.S. 406 (1966), the Court was required to determine the retroactivity of the rule established in Griffin v. California, 380 U.S. 609 (1965): adverse comment by a prosecutor or judge upon a defendant’s failure to testify violates the Fifth Amendment privilege against self-incrimination.

11
Griffin v. Californiagreen
scotus · 1965 · cited in 1 Nevada opinions naming this issue, 1982–1982
1 sentence

1982But see, Stovall v. Denno, 388 U.S. 293 (1967). 2 In Tehan v. United States, 382 U.S. 406 (1966), the Court was required to determine the retroactivity of the rule established in Griffin v. California, 380 U.S. 609 (1965): adverse comment by a prosecutor or judge upon a defendant’s failure to testify violates the Fifth Amendment privilege against self-incrimination.

11

Also cited on this issue (1)

CaseCitedYears
Colwell v. State green
nev · 2002
2 sentences

2021For purposes of the retroactivity analysis, we have said that a conviction is "final" when "judgment has been entered, the availability of appeal has been exhausted, and a petition for certiorari to the Supreme Court has been denied or the time for such a petition has expired." Id.

2021For purposes of the retroactivity analysis, we have said that a conviction is "final" when "judgment has been entered, the availability of appeal has been exhausted, and a petition for certiorari to the Supreme Court has been denied or the time for such a petition has expired." Id.

22011–2021

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 34.726 (5) NV § Nev. Rev. Stat. § 34.810 (5) NV § Nev. Rev. Stat. § 34.800 (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

CA 107 (1967–2026) IL 87 (1991–2024) OH 84 (1996–2025) NJ 56 (1978–2026) TX 45 (1979–2026) FL 43 (1996–2025) NY 40 (1990–2026) WA 38 (1983–2023) MI 36 (1976–2025) PA 34 (1976–2025) MD 23 (1979–2025) IN 18 (1980–2008) OR 16 (1967–2023) ID 15 (1980–2023) AZ 15 (1984–2019) MT 13 (2001–2025) CT 13 (1985–2023) MA 12 (1980–2026) WI 11 (1975–2014) TN 11 (1990–2025) CO 11 (1982–2025) MN 10 (2006–2025) NV 9 (1982–2021) KS 9 (2001–2022) NC 8 (1971–2025) NM 8 (1994–2021) WV 7 (1977–2010) DC 7 (1983–2018) IA 7 (1993–2023) VT 5 (2007–2018) LA 5 (1987–2020) MO 4 (2011–2019) ME 4 (1983–2025) DE 4 (1990–2026) HI 4 (2000–2015) RI 3 (1985–2016) UT 3 (1983–2020) AK 3 (2006–2022) MS 3 (1987–2015) GA 2 (1987–1995) OK 2 (2010–2021) NE 2 (2014–2018) SC 2 (1986–1989) VA 2 (2017–2021) NH 2 (2007–2014) WY 2 (2014–2014)

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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