Nevada Appellate Courts Advance Opinions for July 25, 2019

Nevada Appellate Courts Advance Opinions for July 25, 2019

Daisy Trust v. Wells Fargo Bank

  • Do Nevada’s recording statutes require Freddie Mac to publicly record a deed of trust to establish its interest in a loan.
  • Must Freddie Mac’s loan servicer produce the actual loan servicing agreement with Freddie Mac or the original promissory note to establish its interest in the loan.

Menendez-Cordero v. State

  • What measures should a district court employ when empaneling an anonymous jury.
  • Must a district court instruct a jury on the effect of a deadly weapon enhancement at the penalty phase of a trial.

Visit the Nevada Appellate Report for more legal news.

Can a district court raise the bail amount originally set in justice court?

Picture of money and handcuffs

Cameron, Jr. (Timmie) vs. Dist. Ct. (State) (Nev. Supreme Ct. – July 18, 2019)

A defendant challenged the district court’s decision to increase his bail from $25,000 to $100,000, arguing that the district court lacked good cause to support the increase.

The State charged Cameron with first-degree kidnapping with the use of a deadly weapon, robbery with the use of a deadly weapon, battery with the use of a deadly weapon, grand larceny of a firearm, burglary, coercion, and owner or possession of a firearm by a prohibited person. At the arraignment hearing, the justice court set bail at $25,000 with mid-level electronic monitoring. The State subsequently sought a grand jury indictment and the case was transferred to district court. The district court transferred bail and set it at $25,000 – the same amount as the justice court.

After setting bail, the district court invited the State to submit a written motion for its request to increase bail to $150,000. The State filed a motion seeking to increase bail, which Cameron opposed. The district court subsequently held a hearing on the State’s motion, heard arguments by the parties, and set bail at $100,000 and imposed house arrest.

Continue reading “Can a district court raise the bail amount originally set in justice court?”

Nevada Appellate Courts Advance Opinions for July 3, 2019

Nevada Appellate Courts Advance Opinions for July 3, 2019

AMAYA VS. GUERRERO RIVERA (CHILD CUSTODY)

  • Can a child custody order satisfy the dependency or custody prong for Special Immigrant Juvenile status (SIJ) predicate findings.
  • Does a showing that reunification with one parent is not viable satisfy the reunification prong for SIJ findings.

U.S. BANK NAT’L ASS’N ND VS. RESOURCES GRP., LLC

  • How should a foreclosing HOA determine the address to send a notice of default to a first deed of trust holder absent a formal request.

BOESIGER VS. DESERT APPRAISALS, LLC

  • Is expert witness testimony necessary to establish the professional standard of care governing real estate appraisals.

PEREZ (GERARDO) VS. WARDEN

  • What is the relevant sentencing statute for the purposes of applying statutory credits to the minimum term of an offender’s sentence.

SATICOY BAY LLC SER. 9050 W WARM SPRINGS 2079 VS. NEV. ASS’N SERV.’S

  • Does NRS116.31166 permit the use of funds provided for the foreclosure price held in trust to redeem a property.
  • Is substantial compliance sufficient for the purposes of NRS Chapter 116’s redemption statute’s notice requirement.

PARDEE HOMES OF NEVADA VS. WOLFRAM

  • Do attorney fees incurred by a plaintiff in bringing a two-party breach-of-contract claim against a defendant constitute special damages which would warrant an award of attorney fees.

Visit the Nevada Appellate Report for more legal news.