Nevada Appellate Courts Advance Opinions for July 26, 2018
- Can a probationer’s testimony at a revocation hearing be used in a subsequent criminal proceeding.
Year: 2018
Nevada Appellate Courts Advance Opinions for July 19, 2018
Nevada Appellate Courts Advance Opinions for July 19, 2018
LABARBERA VS. WYNN LAS VEGAS, LLC
- Did the district court abuse its discretion under the Nevada Supreme Court Rule Part IX-B(B) when its written order summarily denied a civil defendant’s request to testify at trial using audiovisual equipment.
- What standard must a court use to determine the admissibility of intoxication as a defense to a contract claim.
STATE VS. DIST. CT. (KEPHART (JOHN))
- What determines felony enhancement for domestic battery under NRS 200.485.
- Does the discretionary-act immunity doctrine apply to an action arising from a vehicular accident involving a police officer responding to an emergency.
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Is uncharged act evidence admissible in juvenile delinquency proceedings?
In Re: N.J., A Minor Child (Nev. Supreme Ct. – June 28, 2018)
The issue is whether the juvenile court abused its discretion in admitting uncharged acts as evidence.
On September 22, 2015, N.J. and a group of mutual acquaintances were at a park in Fallon, Nevada, when N.J. attempted to fight the victim in this case. According to witness testimony, N.J. believed that her boyfriend, T.H., was sexually intimate with the victim. The victim eluded an altercation and left the park.
Later that evening, the victim received a text message from T.H. The victim and TB, planned to visit Walmart to purchase pajamas. T.H. picked up the victim, but instead of visiting Walmart, they drove to an isolated area behind Walmart. After they parked the vehicle, N.J. pulled up in a vehicle behind them. N.J. left her vehicle and entered the vehicle carrying the victim. N.J. struck the temple of the victim’s head, threatened to hurt the victim if she did not stay away from T.H., and spat on the victim.
The State filed a delinquency petition in juvenile court charging N.J. with one count of battery and one count of harassment. During an evidentiary hearing, N.J. objected to the admission of testimony regarding two uncharged acts, namely testimony that she had (1) challenged the victim to a fight earlier in the day at the park, and (2) spat on the victim after the battery and harassment. With regard to the two uncharged acts, the district court overruled the objections based on the res gestae doctrine. The district court ultimately adjudicated N.J. delinquent on both counts. N.J. appealed.
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Nevada Appellate Courts Advance Opinions for June 28, 2018
Nevada Appellate Courts Advance Opinions for June 28, 2018
WEST SUNSET 2050 TRUST VS. NATIONSTAR MORTG., LLC
- Did a deed of trust survive an HOA foreclosure sale because the HOA failed to provide statutorily required preforeclosure notice.
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Courtroom Handbook on Nevada Evidence 2018 Edition
New for 2018 – The Courtroom Handbook on Nevada Evidence
The Courtroom Handbook on Nevada Evidence is a compact, all-inclusive guide to the rules and laws of evidence in the State of Nevada. Though suitable for a desk reference, the Handbook’s primary role is for use while in the courtroom. By taking a practice-oriented approach, the Handbook is intended to help reduce the risk of wasting precious time or missing a potential argument. Much thought went into the design and layout of the Handbook. To provide a common reference point for all attorneys, Chapter 8 of this Handbook is organized by the Federal Rule Number with reference to the corresponding Nevada Revised Statutes. Chapter 8 is comprised of the annotated version of the Nevada Rules of Evidence. Attorneys can use this for quick access to relevant case law while engaged in argument. Also included are select Civil Rules of Procedure from various jurisdictions. Practicing attorneys can use this section to find the appropriate rules at a moment’s notice. The tables contain a summary of common objections and responses as well as evidentiary foundations. These tables are designed as checklists for use while in the courtroom. Each checklist provides a step-by-step script to assist with courtroom evidentiary procedures.
In addition, on September 14, 2017, the Supreme Court of Nevada issued an order amending Rule 36 of the Nevada Rules of Appellate Procedure providing that a party may cite only unpublished dispositions issued by the Supreme Court on or after January 1, 2016, for their persuasive authority. As a result, beginning with the 2018 Edition, relevant Supreme Court of Nevada unpublished opinions are included in this Handbook.
To read more about the Courtroom Handbook on Nevada Evidence or to purchase click here.
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Nevada Appellate Courts Advance Opinions for June 14, 2018
Nevada Appellate Courts Advance Opinions for June 14, 2018
CARRINGTON MORTG. HOLDINGS, LLC VS. R VENTURES VIII, LLC
- When are attorney fees and costs appropriate pursuant to NRS 116.3116(8) (2013).
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Can a defendant be simultaneously convicted of robbery and kidnapping arising from a single course of events?
Guerrina (Robert) vs. State (Nev. Supreme Ct. – June 7, 2018)
The issue is whether the State produced sufficient evidence to sustain convictions for robbery and kidnapping when both convictions stem from a defendant’s actions over the course of a single incident.
Cuevas worked at FastBucks, a payday loan store in Henderson, Nevada. Each morning, she retrieved money from the store and deposited it in the bank before the store opened at 10 a.m. On most mornings, that money consisted of the business’s proceeds from the previous day only, but on Mondays it included proceeds from both Friday and Saturday.
One Monday morning, as Cuevas was walking toward the store, a man wearing a hat and sunglasses approached her. He carried a plastic bag and an object that Cuevas believed to be a knife. The man ordered Cuevas to unlock the FastBucks door and accompany him inside.
Nevada Appellate Courts Advance Opinions for June 7, 2018
Nevada Appellate Courts Advance Opinions for June 7, 2018
- Was a criminal defendant’s request to represent himself properly denied as untimely when the request was made 24 days prior to the scheduled trial date.
- Did the State produce sufficient evidence to sustain convictions for robbery and kidnapping when both convictions stemmed from the defendant’s actions over the course of a single incident.
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Nevada Appellate Courts Advance Opinions for May 31, 2018
Nevada Appellate Courts Advance Opinions for May 31, 2018
BAUTISTA VS. PICONE (CHILD CUSTODY)
- Is granting a parenting coordinator authority to make substantive changes to a parents’ custody arrangement an improper delegation of the district court’s judicial authority.
- Is NRS 1.310 unconstitutional.
PREVOST VS. STATE, DEP’T OF ADMIN.
- Is the failure to name a party of record in the caption of a petition for judicial review jurisdictionally fatal under NRS 233B.130(2)(a) where the party is named in the body of the petition and is properly served with the petition.
MDC RESTAURANTS, LLC VS. DIST. CT. (DIAZ)
- Under the Minimum Wage Amendment (MWA) to the Nevada Constitution, what health benefits must an employer provide to pay a minimum wage of one dollar per hour less than an employer who does not provide health benefits.
THE COMM’N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN
- Must an attorney for a public body have authorization from the client in a public meeting prior to filing a notice of appeal.
MONTAGE MARKETING, LLC VS. WASHOE COUNTY
- What is the appropriate method for assessing the taxable value of fully developed but unsold condominium units held by a developer.
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When does a party waive their right to challenge a juror on appeal?
Sayedzada v. State (Nev. Ct. App. – May 24, 2018)
The Court of Appeals of Nevada addressed whether a criminal defendant waived his appellate argument of juror bias as to two jurors he passed for cause at trial.
Sayedzada attacked a condominium-complex security guard who confronted him after the guard noticed he was hiding something under his shirt and acting suspiciously. The guard subdued Sayedzada and called the police. The guard discovered Sayedzada had a purse hanging around his neck, which Sayedzada claimed to have found. The purse contained several credit cards belonging to a woman and her family. Additional credit cards were found scattered on the ground where Sayedzada had been sitting after the guard subdued him. Officers recovered a total of 13 credit cards. When police contacted the purse’s owner, she told them she was unaware her purse, which she had left in her unlocked car the night before, had been stolen. The State charged Sayedzada with 13 counts of possession of a credit or debit card without the cardholder’s consent, and he pleaded not guilty.
At the preliminary hearing, Sayedzada indicated that at trial he would seek to exclude evidence of the purse theft. The State stated it would not introduce that evidence, but acknowledged the jury would be able to draw that inference from the facts.
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