alibi defense (Nevada) · Go Syfert
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alibi defense in Nevada

7 Nevada opinions name it 1 courts 1971–2020 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.

Followed or applied (13)

CaseFollowedCited
Bush v. Stategreen
kan · 1969 · cited in 2 Nevada opinions naming this issue, 1971–1981
2 sentences

1981We considered the following to be demonstrative of good cause for non-compliance: Whether the testimony is sought to be introduced at such a late time in the course of the trial that even an adjournment for investigation would not cure the prejudice to the state, State v. Woodard, 246 A.2d 130, 134 (N.J.Super.App.Div. 1968); whether an excuse was shown *4 for the omission, State v. Adair, 469 P.2d 823, 826 (Ariz. 1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 454 P.2d 42

1971Div. 1968); whether an excuse was shown for the omission, State v. Adair, 469 P.2d 823, 826 (Ariz. 1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 454 P.2d 429, 434 (Kan. 1969); and whether the alibi had such substance as to have probative value to the defense, State v. Martin, 410 P.2d 132, 137 (Ariz.App. 1966).

22
State v. Adairgreen
ariz · 1970 · cited in 2 Nevada opinions naming this issue, 1971–1981
2 sentences

1981We considered the following to be demonstrative of good cause for non-compliance: Whether the testimony is sought to be introduced at such a late time in the course of the trial that even an adjournment for investigation would not cure the prejudice to the state, State v. Woodard, 246 A.2d 130, 134 (N.J.Super.App.Div. 1968); whether an excuse was shown *4 for the omission, State v. Adair, 469 P.2d 823, 826 (Ariz. 1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 454 P.2d 42

1971Div. 1968); whether an excuse was shown for the omission, State v. Adair, 469 P.2d 823, 826 (Ariz. 1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 454 P.2d 429, 434 (Kan. 1969); and whether the alibi had such substance as to have probative value to the defense, State v. Martin, 410 P.2d 132, 137 (Ariz.App. 1966).

22
State v. Martingreen
arizctapp · 1966 · cited in 2 Nevada opinions naming this issue, 1971–1981
2 sentences

1981We considered the following to be demonstrative of good cause for non-compliance: Whether the testimony is sought to be introduced at such a late time in the course of the trial that even an adjournment for investigation would not cure the prejudice to the state, State v. Woodard, 246 A.2d 130, 134 (N.J.Super.App.Div. 1968); whether an excuse was shown *4 for the omission, State v. Adair, 469 P.2d 823, 826 (Ariz. 1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 454 P.2d 42

1971Div. 1968); whether an excuse was shown for the omission, State v. Adair, 469 P.2d 823, 826 (Ariz. 1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 454 P.2d 429, 434 (Kan. 1969); and whether the alibi had such substance as to have probative value to the defense, State v. Martin, 410 P.2d 132, 137 (Ariz.App. 1966).

22
State v. Woodardgreen
njsuperctappdiv · 1968 · cited in 2 Nevada opinions naming this issue, 1971–1981
2 sentences

1981We considered the following to be demonstrative of good cause for non-compliance: Whether the testimony is sought to be introduced at such a late time in the course of the trial that even an adjournment for investigation would not cure the prejudice to the state, State v. Woodard, 246 A.2d 130, 134 (N.J.Super.App.Div. 1968); whether an excuse was shown *4 for the omission, State v. Adair, 469 P.2d 823, 826 (Ariz. 1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 454 P.2d 42

1971Super. 419 , 246 A.2d 130, 134 (App.Div. 1968); whether an excuse was shown for the omission, State v. Adair, 106 Ariz. 4 , 469 P.2d 823, 826 (1970); whether the information failed to describe the occurrence of the crime with sufficient specificity to enable the accused to prepare an alibi defense, Bush v. State, 203 Kan. 494 , 454 P.2d 429, 434 (1969); and whether the alibi had such substance as to have probative value to the defense, State v. Martin, 2 Ariz. App. 510 , 410 P.2d 132, 137 (1966).

22
Tien Fu Hsu v. County of Clarkgreen
nev · 2007 · cited in 1 Nevada opinions naming this issue, 2020–2020
2 sentences

2020See Hsu v. Cty. of Clark, 123 Nev. 625, 630-31 , 173 P.3d 724, 729 (2007) (recognizing circumstances where the doctrine of the law of the case may not apply); Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975) (setting forth the doctrine of the law of the case).

2020See Hsu v. Cty. of Clark, 123 Nev. 625, 630-31 , 173 P.3d 724, 729 (2007) (recognizing circumstances where the doctrine of the law of the case may not apply); Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975) (setting forth the doctrine of the law of the case).

11
Miller-El v. Dretkegreen
scotus · 2005 · cited in 1 Nevada opinions naming this issue, 2006–2006
2 sentences

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

11
Miller-El v. Stategreen
texcrimapp · 1988 · cited in 1 Nevada opinions naming this issue, 2006–2006
1 sentence

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

11
Purkett v. Elemgreen
scotus · 1995 · cited in 1 Nevada opinions naming this issue, 2006–2006
2 sentences

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

11
Libby v. Stategreen
nev · 1997 · cited in 1 Nevada opinions naming this issue, 2006–2006
2 sentences

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

11
Kaczmarek v. Stategreen
nev · 2004 · cited in 1 Nevada opinions naming this issue, 2006–2006
2 sentences

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

2006We conclude that each of Ford’s additional arguments lacks merit. 3 545 U.S. 231, 240 (2005). 4 At trial, Tanguma testified that he had eaten lunch with Ford nearly every day for two years and that he was certain Ford was one of the robbers. 5 Kaczmarek v. State, 120 Nev. 314, 332 , 91 P.3d 16, 29 (2004) (citing Purkett v. Elem, 514 U.S. 765, 767 (1995)). 6 See Libby v. State, 113 Nev. 251, 255 , 934 P.2d 220, 222 (1997). 7 See Kaczmarek, 120 Nev. at 332 , 91 P.3d at 29 . 8 Id. at 333 , 91 P.3d at 29 (citing Burkett, 514 U.S. at 768 ). 9 Id. 10 Id. 11 Id. at 334, 91 P.3d at 30 (citing Purkett,

11
United States v. Benjamin Jerome Hicks, United States of America v. Frankie Randallgreen
ca4 · 1984 · cited in 1 Nevada opinions naming this issue, 1988–1988
1 sentence

1988Having concluded that the lower court erred by not giving an alibi instruction, we can sustain Duckett’s conviction only “if we can say that the error was harmless beyond a reasonable doubt.” United States v. Hicks, 748 F.2d 854, 858 (4th Cir. 1984).

11
Polito v. Stategreen
nev · 1955 · cited in 1 Nevada opinions naming this issue, 1983–1983
2 sentences

1983Polito v. State, 71 Nev. 135, 142 , 282 P.2d 801, 804 (1955).

1983Polito v. State, 71 Nev. 135, 142 , 282 P.2d 801, 804 (1955).

11
Hankins v. Stategreen
nev · 1975 · cited in 1 Nevada opinions naming this issue, 1981–1981
2 sentences

1981This Court has repeatedly held as recently as Stewart v. State, 94 Nev. 378 , 580 P.2d 473 (1978) “that where ‘there is conflicting testimony presented, it is for the jury to determine what weight and credibility to give to the testimony.’ Hankins v. State, 91 Nev. 477 , 538 P.2d 167, 168 (1975).

1981This Court has repeatedly held as recently as Stewart v. State, 94 Nev. 378 , 580 P.2d 473 (1978) “that where ‘there is conflicting testimony presented, it is for the jury to determine what weight and credibility to give to the testimony.’ Hankins v. State, 91 Nev. 477 , 538 P.2d 167, 168 (1975).

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 (10)

CaseCitedYears
Hall v. State green
nev · 1975
2 sentences

2020See Hsu v. Cty. of Clark, 123 Nev. 625, 630-31 , 173 P.3d 724, 729 (2007) (recognizing circumstances where the doctrine of the law of the case may not apply); Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975) (setting forth the doctrine of the law of the case).

2020See Hsu v. Cty. of Clark, 123 Nev. 625, 630-31 , 173 P.3d 724, 729 (2007) (recognizing circumstances where the doctrine of the law of the case may not apply); Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975) (setting forth the doctrine of the law of the case).

12020–2020
Batson v. Kentucky green
scotus · 1986
1 sentence

2006Therefore, we affirm Ford’s conviction. 1 476 U.S. 79 (1986). 2 Ford also assigns error to the following aspects of his trial: (1) the district court improperly permitted prior bad act evidence without a hearing or limiting instruction, (2) the district court incorrectly instructed the jury on the definition of “deadly weapon,” (3) the State failed to prove use of a deadly weapon beyond a reasonable doubt, (4) the district court erred by not giving an alibi instruction sua sponte, and (5) the district court erred by refusing to suppress an alleged suggestive identification process.

12006–2006
Founts v. State green
nev · 1971
2 sentences

1981Having shown “good cause” relative to the probative value of the anticipated testimony, more notice than that afforded by the prosecution in Founts, and a reasonable explanation for the *5 nominal delay, 3 on this record, to require strict compliance with the statute would “defeat the ends of justice and fair play which is the policy underlying the statute.” Founts v. State, 87 Nev. at 170 , 483 P.2d at 656 .

1981Id., at 169 , 483 P.2d at 656 .

11981–1981
Stewart v. State green
nev · 1978
2 sentences

1981This Court has repeatedly held as recently as Stewart v. State, 94 Nev. 378 , 580 P.2d 473 (1978) “that where ‘there is conflicting testimony presented, it is for the jury to determine what weight and credibility to give to the testimony.’ Hankins v. State, 91 Nev. 477 , 538 P.2d 167, 168 (1975).

1981This Court has repeatedly held as recently as Stewart v. State, 94 Nev. 378 , 580 P.2d 473 (1978) “that where ‘there is conflicting testimony presented, it is for the jury to determine what weight and credibility to give to the testimony.’ Hankins v. State, 91 Nev. 477 , 538 P.2d 167, 168 (1975).

11981–1981
State v. Selbach green
wis · 1955
1 sentence

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 418 P.2d 571 (Ariz. 1966); People v. Williams, 160 N.W.2d 599 (Mich.App. 1968); State v. Woodard, supra; Gray v. State, 161 N.W.2d 892 (Wis. 1968).

11971–1971
Gray v. State green
wis · 1968
2 sentences

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 101 Ariz. 234 , 418 P.2d 571 (1966); People v. Williams, 11 Mich. App. 62 , 160 N.W.2d 599 (1968); State v. Woodard, supra; Gray v. State, 40 Wis.2d 379 , 161 N.W.2d 892 (1968).

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 418 P.2d 571 (Ariz. 1966); People v. Williams, 160 N.W.2d 599 (Mich.App. 1968); State v. Woodard, supra; Gray v. State, 161 N.W.2d 892 (Wis. 1968).

11971–1971
State v. Dodd green
ariz · 1966
2 sentences

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 101 Ariz. 234 , 418 P.2d 571 (1966); People v. Williams, 11 Mich. App. 62 , 160 N.W.2d 599 (1968); State v. Woodard, supra; Gray v. State, 40 Wis.2d 379 , 161 N.W.2d 892 (1968).

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 418 P.2d 571 (Ariz. 1966); People v. Williams, 160 N.W.2d 599 (Mich.App. 1968); State v. Woodard, supra; Gray v. State, 161 N.W.2d 892 (Wis. 1968).

11971–1971
Williams v. Florida green
scotus · 1970
2 sentences

1971If there was any real question about the constitutionality, notice-of-alibi statutes such as NRS 174.087, that question was put to rest in the case of Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d *659 446 (1970) [3] when the United States Supreme Court said: "We conclude, however, as has apparently every court which has considered the issue that the privilege against self-incrimination is not violated by a requirement that the defendant give notice of an alibi defense and disclose his alibi witnesses." Almost without exception, in the jurisdictions where the trial courts have

1971If there was any real question about the constitutionality, notice-of-alibi statutes such as NRS 174.087, that question was put to rest in the case of Williams v. Florida, 399 U.S. 78 (1970) 3 when the United States Supreme Court said: “We conclude, however, as has apparently every court which has considered the issue that the privilege against self-incrimination is not violated by a requirement that the defendant give notice of an alibi defense and disclose his alibi witnesses.” Almost without exception, in the jurisdictions where the trial courts have exercised their discretion and refused t

11971–1971
Cox v. State green
fladistctapp · 1969
2 sentences

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 101 Ariz. 234 , 418 P.2d 571 (1966); People v. Williams, 11 Mich. App. 62 , 160 N.W.2d 599 (1968); State v. Woodard, supra; Gray v. State, 40 Wis.2d 379 , 161 N.W.2d 892 (1968).

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 418 P.2d 571 (Ariz. 1966); People v. Williams, 160 N.W.2d 599 (Mich.App. 1968); State v. Woodard, supra; Gray v. State, 161 N.W.2d 892 (Wis. 1968).

11971–1971
People v. Williams green
michctapp · 1968
2 sentences

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 101 Ariz. 234 , 418 P.2d 571 (1966); People v. Williams, 11 Mich. App. 62 , 160 N.W.2d 599 (1968); State v. Woodard, supra; Gray v. State, 40 Wis.2d 379 , 161 N.W.2d 892 (1968).

1971State v. Selbach, supra; Cox v. State, 219 So.2d 762 (Fla.App. 1969); State v. Dodd, 418 P.2d 571 (Ariz. 1966); People v. Williams, 160 N.W.2d 599 (Mich.App. 1968); State v. Woodard, supra; Gray v. State, 161 N.W.2d 892 (Wis. 1968).

11971–1971

Where else courts name it

NY 340 (1910–2026) IL 270 (1934–2026) PA 215 (1933–2026) CA 168 (1922–2026) GA 160 (1911–2025) MI 145 (1926–2026) MO 135 (1893–2025) TX 101 (1889–2026) OH 98 (1977–2026) MS 94 (1951–2025) TN 88 (1970–2026) IN 85 (1902–2019) NJ 77 (1964–2026) CT 69 (1974–2024) FL 65 (1935–2025) KS 50 (1938–2026) WA 50 (1949–2025) MD 46 (1974–2022) MA 41 (1970–2023) OR 40 (1926–2026) WI 40 (1967–2026) AL 36 (1922–2025) AZ 36 (1923–2026) IA 35 (1911–2025) NC 34 (1973–2024) DC 29 (1972–2008) WV 28 (1930–2021) CO 28 (1947–2025) VA 28 (1796–2026) NM 26 (1968–2025) SC 25 (1921–2026) UT 23 (1911–2022) DE 21 (1979–2025) LA 20 (1975–2025) OK 17 (1933–1998) NE 17 (1897–2023) SD 16 (1945–2007) NH 15 (1984–2024) HI 15 (1983–2017) MN 14 (1953–2023) ID 11 (1901–2025) VT 11 (1979–2014) MT 11 (1978–2017) AK 10 (1978–2025) WY 9 (1977–2004) ND 7 (1980–2018) AR 7 (1921–2017) NV 7 (1971–2020) KY 5 (1961–2023) ME 4 (1977–2013) RI 3 (1979–1986)

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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