Weaver v. Warden, Nevada State Prison
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Summary

The Nevada Supreme Court granted habeas relief, holding that counsel was ineffective for failing to present evidence of a Vietnam veteran’s severe PTSD at sentencing, where the omitted evidence may have affected the sentence imposed.

1991 | State Juristiction

Weaver v. Warden, Nevada State Prison

Keywords habeas relief; ineffective counsel; Vietnam veteran; severe PTSD; sentencing; omitted evidence
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Summary

The Nevada Supreme Court provided relief in a habeas corpus case. The Court determined that legal counsel was ineffective. This ineffectiveness stemmed from the failure to present evidence of a Vietnam veteran's severe post-traumatic stress disorder (PTSD) during sentencing. The Court concluded that this omitted evidence could have influenced the sentence that was imposed.

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Summary

The Nevada Supreme Court approved a request for release, determining that the legal representation provided was inadequate. This was due to the lawyer's failure to introduce evidence during sentencing that the veteran experienced severe Post-Traumatic Stress Disorder (PTSD) stemming from service in Vietnam. The Court concluded that if this evidence had been presented, it might have changed the sentence given.

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Summary

The Nevada Supreme Court provided relief to a Vietnam veteran. The court found the veteran's lawyer did not effectively represent the veteran during sentencing. The lawyer failed to present important information about the veteran's severe Post-Traumatic Stress Disorder (PTSD). This evidence could have changed the sentence the court gave.

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Summary

The Nevada Supreme Court decided that a lawyer did not do a good job. The lawyer did not show information about a Vietnam veteran's PTSD during sentencing. The court felt that if this information had been shared, the veteran's sentence might have been different.

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Footnotes and Citation

Cite

Weaver v. Warden, Nev. State Prison, 107 Nev. 856, 822 P.2d 112 (1991)

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