6 Nevada opinions name it 1 courts 2014–2022 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.
| Case | Followed | Cited |
|---|---|---|
Sawyer v. Whitleygreen2 sentences2015As the Court explained, "Mlle phrase 'innocent of death' is not a natural usage of those words." Sawyer, 505 U.S. at 341 ; see also Smith v. Murray, 477 U.S. 527, 537 (1986) (acknowledging that actual innocence "does not translate easily into the context of an alleged error at the sentencing phase of a trial on a capital offense"). 2015As the Court explained, "[Ole phrase 'innocent of death' is not a natural usage of those words." Sawyer, 505 U.S. at 341; see also Smith v. Murray, 477 U.S. 527, 537 (1986) (acknowledging that actual innocence "does not translate easily into the context of an alleged error at the sentencing phase of a trial on a capital offense"). | 2 | 3 |
Bradshaw v. Richeygreen2 sentences2015Although we are not bound by the United States Supreme Court's decisions in interpreting state law, see Bradshaw v. Richey, 546 U.S. 74, 76 (2005) (reiterating the converse, that "a state court's interpretation of state law. . . binds a federal court sitting in habeas corpus"), we find persuasive the Supreme Court's reasoning with its focus on the objective factors that narrow the class of offenders subject to the death penalty because that focus ensures rational reviewability and restrains the actual-innocence inquiry as a narrow gateway through which a petitioner may obtain review of claims 2015Although we are not bound by the United States Supreme Court's decisions in interpreting state law, see Bradshaw v. Richey, 546 U.S. 74, 76 (2005) (reiterating the converse, that "a state court's interpretation of state law. . . binds a federal court sitting in habeas corpus"), we find persuasive the Supreme Court's reasoning with its focus on the objective factors that narrow the class of offenders subject to the death penalty because that focus ensures rational reviewability and restrains the actual-innocence inquiry as a narrow gateway through which a petitioner may obtain review of claims | 2 | 2 |
Smith v. Murraygreen2 sentences2015As the Court explained, "Mlle phrase 'innocent of death' is not a natural usage of those words." Sawyer, 505 U.S. at 341 ; see also Smith v. Murray, 477 U.S. 527, 537 (1986) (acknowledging that actual innocence "does not translate easily into the context of an alleged error at the sentencing phase of a trial on a capital offense"). 2015As the Court explained, "[Ole phrase 'innocent of death' is not a natural usage of those words." Sawyer, 505 U.S. at 341; see also Smith v. Murray, 477 U.S. 527, 537 (1986) (acknowledging that actual innocence "does not translate easily into the context of an alleged error at the sentencing phase of a trial on a capital offense"). | 2 | 2 |
Strickland v. Washingtongreen1 sentence2014He frustrated trial counsel's attempts to uncover mitigation evidence, and, while counsel is obligated to make reasonable decisions regarding investigative efforts, the reasonableness of counsel's actions "may be determined or substantially influenced by the defendant's own statements or actions." Strickland ix Washington, 466 U.S. 668, 691 (1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bousley v. United States
green
2 sentences2015Further, because the actual-innocence inquiry concerns factual innocence, the State must be allowed to rebut appellant's claim of actual innocence with "any admissible evidence of [appellant's] guilt even if that evidence was not presented during [his] plea colloquy." Bousley, 523 U.S. at 624 . 2015Further, because the actual-innocence inquiry concerns factual innocence, the State must be allowed to rebut appellant's claim of actual innocence with "any admissible evidence of [appellant's] guilt even if that evidence was not presented during [his] plea colloquy." Bousley, 523 U.S. at 624 . | 2 | 2015–2015 |
Schlup v. Delo
red
1 sentence2022Considering the hoped-for content of SUPREME COURT OF NEVADA 5 (0) I947A the allegedly withheld forensic report in light of all the evidence at trial, there is no support for a conclusion that Middleton met the actual-innocence test—"that it is more likely than not that no reasonable juror would have convicted him in the light of the new evidence." Berry, 131 Nev. at 966, 363 P.3d at 1154 (quoting Schlup, 513 U.S. at 327 ). | 1 | 2022–2022 |
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.