Domingues v. State

114 Nev. 783, 961 P.2d 1279 (1998)

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Domingues v. State

Nevada Supreme Court
114 Nev. 783, 961 P.2d 1279 (1998)

  • Written by Liz Nakamura, JD

Facts

In 1992, the United States ratified the International Covenant on Civil and Political Rights (ICCPR), which, in relevant part, barred the imposition of the death penalty on individuals under the age of 18. However, in ratifying ICCPR, the United States reserved the right to impose the death penalty on individuals under 18. After the ICCPR was ratified, Michael Domingues (plaintiff), at the age of 16, committed a capital offense and was sentenced to death under Nevada’s juvenile death-penalty statute. Domingues appealed, arguing that Nevada’s juvenile death-penalty statute, which allowed the death penalty to be imposed on individuals aged 16 or older, was superseded by the ICCPR’s prohibition on imposing the death penalty on individuals under 18.

Rule of Law

Issue

Holding and Reasoning (Young, J.)

Dissent (Rose, J.)

Dissent (Springer, C.J.)

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