Fourth Amendment Invocation Inadmissible
On June 4, 2009 the Nevada Supreme Court announced in Ramet v. State that “the State may not introduce evidence of a defendant’s refusal to submit to a warrantless search, or argue it to the jury as evidence of guilt. The defendant’s invocation of his Fourth Amendment right cannot be used as evidence of a [...]
What Can A Prosecutor Say About You In A DUI Trial?
Within the context of DUI, the Nevada Supreme Court defines a prosecutor’s statements as prosecutorial misconduct if those statements, “so infected the proceedings with unfairness as to result in a denial of due process.” To assist with the analysis, the Court identified four factors it will look at: 1) a prosecutor may not vouch for [...]
Prosecutorial Misconduct
Prosecutorial Misconduct, part 2 In the case of Robert Hays, he was convicted following a jury trial on four counts of sexual assault of a minor under the age of fourteen years and four counts of lewdness with a minor on charges that he sexually abused his then eight-year old daughter Jennifer. His conviction was [...]
Must I Hire an Attorney?
Is it necessary that I have an attorney if charged with a crime? The simple answer is no. You do not need an attorney. But in reality, there is a lot at stake, even if you believe you are innocent. If you think prosecutors always play fair, you may want to reconsider after reading this. [...]
