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« I love the smell of napalm in the morning.... | Main | SAF brief in Miller v. Bonta »

Nevada ruling on right to jury trial in domestic violence misdemeanor cases

Posted by David Hardy · 19 February 2023 02:30 PM

Anderson v. 8th Judicial District. Ct. (2022). The test for right to a jury trial is whether the legislature seems to have treated the offense in question as "petty" or "serious," and the US Supreme Court has ruled that a potential sentence of six months or less should be presumed "petty" (although six months in a cell doesn't seem very "petty" to me).

The Nevada Supreme Court ruled that the legislature, in adding a gun prohibition to the consequences of a DV conviction, had shown it now considers the violation "serious," so that jury trial must be allowed. It cited Heller and McDonald.

3 Comments | Leave a comment

Pete | February 20, 2023 10:45 AM | Reply

As the push to restrict gun rights grows to encompass more offences, would it be too far fetched to suppose it could come to include traffic offences someday?

CDR D replied to comment from Pete | February 21, 2023 9:07 AM | Reply

No, probably not. With the likes of California's Rob Bonta as Attorney General, I could see it even including parking violations. He's already encouraged sheriffs to comb social media accounts for politically incorrect posts when considering CCW permits.

Anonymous replied to comment from CDR D | February 21, 2023 1:28 PM | Reply

Rob REALLY Wants to Lose Big Time Before the Supreme Court then!

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