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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
- Wiccan Prisoner Wins Injunction to Wear Medallion; Case Settles on Remand, by David Reutter
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- Alabama DOC: Partial Settlement on ADA, Mental Health Claims; $1 Million in Attorney Fees Awarded, by David Reutter
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- Arrested Texas Jail Nurse Refused to Test Blood Sugar of Prisoner Who Died, by Matthew Clarke
- Tenth Circuit Holds Jail Guard May be Liable for Prisoner-on-Prisoner Assault
- President of New York City Guards’ Union Faces Corruption Charges, by David Reutter
- Federal Halfway House Closures Threaten to Extend Prison Time, Delay Reentry, by Derek Gilna
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- News in Brief
More from these topics:
- 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.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.

