Legal Opinion

Mitchell v. State

Nevada Supreme Court

Decided September 18, 2008No. 48840PublishedCited by 65 opinions

1Opinion of the Court

OPINION

By the Court,

Gibbons, C. J.:

In this appeal, we principally consider whether the district court violated appellant Donald Mitchell’s Fifth Amendment privilege against self-incrimination when the court ordered him to undergo a compulsory psychiatric examination after he claimed that he justifiably fired in self-defense because his post-traumatic stress disorder caused him to suffer from a heightened threat perception. We conclude that Mitchell’s Fifth Amendment rights were not violated because he placed his mental state directly at issue. Concluding otherwise would permit him to enjoy…

2Cases cited31 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Estelle v. SmithSupreme Court of the United States · 1981
  3. Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
  4. Duane Earl Pope v. United StatesCourt of Appeals for the Eighth Circuit · 1967
  5. United States v. Jerry Neale AlbrightCourt of Appeals for the Fourth Circuit · 1968

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3Cited by65 opinions

  1. State v. GoffOhio Supreme Court · 2010
  2. Berry v. StateNevada Supreme Court · 2009
  3. State v. KleserWisconsin Supreme Court · 2010
  4. Perez v. StateNevada Supreme Court · 2013
  5. Clancy v. StateNevada Supreme Court · 2013

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

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