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Oral argument recording available in Wheeler v. State

An audio recording of this morning's oral argument in Wheeler v. State is now available at the Nevada Supreme Court's website. This is a Washoe County case which presents the issue of whether NRS 200.485 should apply, rather than NRS 200.481, in cases of domestic battery causing substantial bodily harm. The appellant also presents an issue of whether the State should be permitted to file notice of its intent to seek a habitual criminal adjudication after a jury trial on the primary offense in a case where the State is aware of the information that supports the habitual criminal status prior to trial. The appellant argued that there was an appearance of vindictiveness based upon the timing of notice. The Court noted that there is a statute which allows for the filing after verdict.continue to full post

Full post as published by Harmful Error on March 05, 2008 (boomark / email).