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Nevada Supreme Court Holds Habeas Petition Not Mooted by End of Sentence
Loaded on Nov. 6, 2017
published in Prison Legal News
November, 2017, page 41
Filed under:
Sentencing,
Habeas Corpus.
In a case of first impression, the Supreme Court of Nevada held that a state habeas corpus action filed while a person was incarcerated was not mooted by his subsequent release from all forms of custody.
In 2011, while a state prisoner, Lazaro Martinez-Hernandez filed a petition for …
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More from this issue:
- Five Years after Implementation, PREA Standards Remain Inadequate, by Derek Gilna
- Cook County Jail Locked Down on Mother’s Day; Over 200 Workers Absent, by Monte McCoin
- Supreme Court Declines to Hear Case on Jail Booking Fees, by Christopher Zoukis
- Prisoners in Flint, Michigan Lied to About Water Crisis; Lawsuit Settles, by David Reutter
- Michigan Court Forced to End “Pay or Stay” Policy, by David Reutter
- Seventh Circuit Allows Prisoner’s Eighth Amendment Claim to Proceed, by Christopher Zoukis
- Former Utah Jail Commander Pleads Guilty to Misuse of Public Money, by Monte McCoin
- Concern over Use of Prisoners to Clear Homeless Camps in Washington, Oregon, by Lonnie Burton
- Eighth Circuit Reverses Finding of Due Process Violations in Minnesota Civil Commitment Program, by Matthew Clarke
- Georgia Prison Contraband Investigation Nets 130 Arrests, Guilty Pleas, by David Reutter
- Missouri Has Difficulty Retaining Provider for Execution Drugs, by David Reutter
- $6.5 Million to Family of Wash. Diabetic Prisoner Who Died
- Wife of President Trump’s Ethics Attorney Caught Having Sex with Prisoner, by Monte McCoin
- Lawsuit Over 22 Years of Continuous Segregation Reinstated by Second Circuit, by Lonnie Burton
- $100,000 Damages Award in Jail Slip-and-Fall Upheld, by Matthew Clarke
- $250,000 Paid By Virginia Jail to Settle Deaf Prisoner Suit
- Obama Publishes Commentary on Criminal Justice Reform in Harvard Law Review, by Christopher Zoukis
- Fourth Circuit Reverses Dismissal of Deaf Prisoner’s Civil Rights Claim, by Derek Gilna
- Oregon Prison Guard Freed on Sex Charge, Victim Detained as Material Witness
- $1.2 Million to Settle with Rikers Island Rape Victims, by Derek Gilna
- Former Sheriff Arpaio Guilty of Criminal Contempt, Receives Presidential Pardon, by Joe Watson
- Nevada Supreme Court Holds Habeas Petition Not Mooted by End of Sentence
- Westboro Baptist Church Members Continue to Work in Corrections, by Matthew Clarke
- Colorado Narrowly Rejects Ballot Measure to End Slavery as Punishment for Crime, by Matthew Clarke
- Community Funds, Federal Legislation Challenging Bail System from Different Angles, by Christopher Zoukis
- Lawsuit Alleges Four Oregon Prisons Served Food “Not for Human Consumption”, by Monte McCoin
- DOJ Applauds Pennsylvania’s Commitment to Treatment for Mentally Ill Prisoners, by David Reutter
- The Elusive Dream: Closing Rikers Island, by David Reutter, Matthew Clarke
- Washington Supreme Court Reverses Prisoner’s Parental Termination Order, by Lonnie Burton
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- Tenth Circuit Holds Jail Guard May be Liable for Prisoner-on-Prisoner Assault
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- News in Brief
More from these topics:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- California Supreme Court Limits Money Bail for Nonviolent Charges, July 1, 2026. Conditions of Confinement, Sentencing, Due Process, Constitutional Challenges/Law, Pretrial Detention and Detainees.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.

