Legal Opinion

Clark v. State

Nevada Supreme Court

Decided January 12, 1979No. 9633PublishedCited by 15 opinions

1Opinion of the Court

OPINION

By the Court,

Manoukian, J.:

Following pleas of not guilty and not guilty by reason of insanity, and trial, a jury convicted appellant of attempted murder of her infant daughter, Heather Denise Clark. This appeal ensued.

Two issues confront us: (1) Was appellant properly found to be sane at the time of the commission of the offense? (2) Was the jury correctly instructed on the presumption of sanity? 1 We answer both questions in the affirmative and uphold the conviction.

It is well settled in Nevada that insanity is an affirmative defense and that the accused is presumed to be sane absent…

2Cases cited14 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Mullaney v. WilburSupreme Court of the United States · 1975
  3. State v. NobleNew Mexico Supreme Court · 1977
  4. State v. LewisNevada Supreme Court · 1889
  5. In Re DennisCalifornia Supreme Court · 1959

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Finger v. StateNevada Supreme Court · 2001
  2. Rogers v. StateNevada Supreme Court · 1985
  3. Allen v. StateNevada Supreme Court · 1983
  4. Ybarra v. SumnerDistrict Court, D. Nevada · 1988
  5. Ybarra v. StateNevada Supreme Court · 1984

10 more not listed; retrieve them via the Exa API.

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