Opinion

Atkins v. State

  • 112 Nev. 1122
  • 923 P.2d 1119
  • 1996 Nev. LEXIS 135
Court
Nevada Supreme Court
Filed
Aug 28, 1996
Status
Published
Author
Steffen
On the bench
Shearing, Steffen, Young, Springer
Cited by
17 cases
Authority
More cited than 7.1%

Overruled on other grounds by McConnell v. State, 120 Nev. 1043 (2004)

stating that Nevada’s sexual assault statute requires a live victim

How later courts described this case

  • stating that Nevada’s sexual assault statute requires a live victim
  • reversal based on error in the admission or exclusion of evidence inappropriate absent “clear abuse” of discretion
  • "Trial courts have considerable discretion in determining the relevance and admissibility of evidence."
  • prosecutor’s statements that defendant “brutally murdered” and “savaged” the victim were proper to describe the impact of the crime on the victim and her family

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by McConnell v. State, 120 Nev. 1043 (2004)

    ” Atkins v. State, 112 Nev. 1122, 1127, 923 P.2d 1119, 1123 (1996), overruled on other grounds by McConnell v. State, 120 Nev. 1043, 102 P.3d 606 (2004).
    Nevada Supreme CourtDec 29, 2004other groundsmedium confidenceRead it

The opinion

Steffen, C. J.,

concurring in part and dissenting in part:

For the reasons specified in my dissent in Doyle v. State, 112 Nev. 879 , 921 P.2d 901 (1996), I respectfully dissent from that part of the majority’s opinion that reverses Atkins’ conviction for sexual assault. I concur in all other aspects of the majority’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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