Barton v. State

Nevada Supreme Court

Decided September 12, 2001

Nevada Supreme Court · decided 2001-09-12

Relies on Owens v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-09-12

How this case has been cited

Cited by 28 later decisions — most recently May 2022 · most notably Rosas v. State (2006), Jackson v. State (2012)

28 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Maupin, C. J.,

¶1with whom Rose, J., agrees, dissenting:

¶2I would not overturn Owens v. State1and thus would reverse the trial court in this instance. I believe that the facts of a particular case should be analyzed along with the elements of primary and proposed lesser included offenses to determine whether a “lesser included” jury instruction should be given. Although this would enlarge the scope of state due process rights beyond those afforded under the Federal Constitution, we are free to do so at the state level.

¶3100 Nev. 286, 288, 680 P.2d 593, 595 (1984).