Year: 2018

Nevada Appellate Courts Advance Opinions for December 27, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 27, 2018

GONOR VS. DALE

  • Does a deceased party’s actual date of death, or the suggestion of death filed on the record, trigger the 90-day time limitation prescribed in NRCP 25(a)(1) under which a motion to substitute the proper party in place of the deceased party must be filed in order to preclude dismissal.

CAPANNA, M.D. VS. ORTH C/W 70227

  • What constitutes improper jury nullification and golden rule arguments during closing argument.

HARRIS (AMMAR) VS. STATE (DEATH PENALTY-DIRECT)

  • When can gruesome photographs of a victim’s injuries be properly admitted in a criminal case.

BRANCH BANKING & TR. CO. VS. GERRARD, ESQ.

  • When does a litigation malpractice claim accrue.

IN RE: ESTATE OF SARGE

  • Is an order finally resolving a constituent consolidated case immediately appealable as a final judgment even where the other constituent case or cases remain pending.

COOPER (JAMES) VS. STATE

  • What evidence satisfies the prima facie showing of race-based discrimination to determine whether a peremptory challenge is improperly based on race.

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Nevada Appellate Courts Advance Opinions for December 20, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 20, 2018

NATKO (HELEN) VS. STATE

  • Does a person’s status as a joint account holder by itself provide lawful authority to use or transfer another’s assets for their own benefit.

STATE VS. BROWN (TAREN)

  • What constitutes a “good cause showing” that the State must make under NRS 177.015 in order to file an interlocutory appeal from a district court order denying a motion to suppress evidence.

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Nevada Appellate Courts Advance Opinions for December 13, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 13, 2018

FLORES VS. LAS VEGAS-CLARK CTY. LIBRARY DIST.

  • Does Senate Bill 175, which declares that the regulation of firearms in Nevada is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void, preempt a library district from banning the possession of firearms on its premises.

CENTURY SURETY CO. VS. ANDREW (NRAP 5)

  • Is the liability of an insurer that has breached its duty to defend, but has not acted in bad faith, capped at the policy limit plus any costs incurred by the insured in mounting a defense, or is the insurer liable for all losses consequential to the insurer’s breach.

BRANHAM (WILLIAM) VS. WARDEN

  • Do the United States Supreme Court decisions in Welch v. United States, 578 U.S. ___, 136 S. Ct. 1257 (2016), and Montgomery v. Louisiana, 577 U.S ___, 36 S. Ct. 718 (2016), constitute good cause to overcome the procedural bars to a postconviction petition for a writ of habeas corpus in which the petitioner contends he is entitled to the retroactive application of a nonconstitutional substantive rule.

DOOLIN (GLENN) VS. STATE, DEPT. OF CORR.

  • Can an offender have statutory credit earned pursuant to NRS 209.4465 applied to the offender’s parole eligibility and minimum term of sentence imposed pursuant to NRS 207.010.

IN RE: EXECUTION SEARCH WARRANTS

  • Does NRS 18.010, which permits an award of attorney fees to a prevailing party in a civil action, permit a fee award against a police department ordered to return a large amount of cash and other property seized pursuant to a criminal search warrant.

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Nevada Appellate Courts Advance Opinions for December 6, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 6, 2018

STATE VS. DIST. CT. (HEARN (MATTHEW))

  • Is the prosecutorial veto within NRS 176A.290, which authorizes a district court to assign certain eligible defendants to a veterans court program, unconstitutional.

RODRIGUEZ (JUAN) VS. STATE

  • Is NRS 200.481(2)(b) an enhancement statute such that battery causing substantial bodily harm cannot be enhanced for committing a crime against a person 60 years of age or older under NRS 193.167.

STATE VS. DIST. CT. (OJEDA (FRANCISCO))

  • Does a district court have authority to order the State to disclose veniremember criminal history information it acquires from a government database that is unavailable to the defense.

LAKE TAHOE PROTECTION DIST. VS. BD. OF ADMIN.

  • Does NRS 616B.578 require an employer to prove that it had knowledge of a specific diagnosis of an employee’s preexisting condition to qualify for reimbursement on a worker’s compensation claim.

O’KEEFE VS. STATE, DEP’T OF MOTOR VEHICLES

  • What is the correct standard of review that a hearing officer must apply to a Department of Motor Vehicles (DMV) disciplinary decision to terminate an employee.

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Nevada Appellate Courts Advance Opinions for November 21, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 21, 2018

VICKERS (TRACEY) VS. DIRECTOR

  • Is an offender who is willing and able to work but who has not been assigned a job by the Nevada Department of Corrections (NDOC) entitled to labor credits pursuant to NRS 209.4465(2).
  • Does the change in the ability to apply credits to minimum sentences brought about by the 2007 amendments to NRS 209.4465 violate the Equal Protection Clauses of the United States and Nevada Constitutions.

STARR (BRANDON) VS. STATE

  • When is a criminal defendant entitled to an inverse flight instruction.

MCGOWEN VS. DIST. CT. (CRYSTAL)

  • Can a plaintiff’s attorney or the employee of a plaintiff’s attorney serve a summons and complaint on a defendant.

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Nevada Appellate Courts Advance Opinions for November 15, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 15, 2018

STATE VS. PLUNKETT (ALEXIS)

  • Can a person who is not a prisoner be held vicariously liable under NRS 212.165(4), which prohibits prisoners in jail from possessing a cellphone or other portable telecommunications device.

PATIN VS. LEE

  • Is an attorney’s statement on a website summarizing a jury’s verdict protected under NRS 41.660, Nevada’s anti-SLAPP statute.

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Nevada Appellate Courts Advance Opinions for November 8, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 8, 2018

STATE, LOCAL GOV’T EMPLOYEE-MGMT. RELATIONS BD. VS. EDUC. SUPPORT EMPLOYEES ASS’N

  • Is the vote-counting standard mandated by NRS 288.160 and Nevada Administrative Code (NAC) 288.110 a majority of the members of the bargaining unit or a majority of the votes cast.

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Nevada Appellate Courts Advance Opinions for November 1, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 1, 2018

SARFO VS. STATE, BD. OF MED EXAM’RS

  • Do a physician’s due process rights attach at the investigation stage of a complaint made to the Nevada State Board of Medical Examiners.

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Nevada Appellate Courts Advance Opinions for October 25, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 25, 2018

CLARK CTY. SCHOOL DIST. VS. LAS VEGAS REVIEW-JOURNAL

  • How should a court determine if a government entity should redact information in a public records request.

WILLIAMS (GREGORY) VS. STATE

  • Did the district court err in denying a defendant’s Batson challenge to the State’s use of a peremptory strike to remove an African-American woman from the venire.
  • What is the procedure for admitting or excluding evidence to show that a young victim had the knowledge to contrive sexual allegations.

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Nevada Appellate Courts Advance Opinions for October 18, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 18, 2018

MULKERN VS. DIST. CT. (CLARK CTY. DEP’T OF FAMILY SERV.’S)

  • Does NRS 432B.550(5)(a)’s sibling presumption apply after one of the siblings has been adopted.

PUB. EMPLOYEES’ RETIREMENT SYS. OF NEVADA VS. NEVADA POLICY RESEARCH INST., INC.

  • Does the Nevada Public Records Act require the Public Employees’ Retirement System of Nevada (PERS) to disclose certain employment and pension payment information about its government retirees held in its computer database when sought through a public records request.

Visit the Nevada Appellate Report for more legal news.