Nevada Appellate Courts Advance Opinions for December 26, 2019

Nevada Appellate Courts Advance Opinions for December 26, 2019

State v. Inzunza

  • Does a 26-month delay between the filing of charges and a person’s arrest violate that person’s Sixth Amendment right to a speedy trial.

High Desert State Prison v. Sanchez

  • Does attempted lewdness with a child under 14 constitute a continuing offense.
  • How should a district court determine an award of good time credits when the charged offense is continuous in nature.

White v. State, Div. of Forestry

  • Is a person who suffers an industrial injury while incarcerated, but who subsequently is released and seeks workers’ compensation disability benefits due to that injury, entitled to have the benefits calculated at the minimum wage guaranteed under the Nevada Constitution.

Chandra v. Schulte

  • When does the spousal exception to the Nevada Real Estate Education, Research and Recovery Fund apply to permit a spouse to recover from the fund.

CABRERA (IVONNE) VS. STATE

  • Can duress be asserted to a crime that is not punishable by death, but requires proof of intent to commit a crime that is punishable by death.

BENKO VS. QUALITY LOAN SERV. CORP.

  • Do trustees who exercise the power of sale under a deed of trust pursuant to NRS Chapter 107 engage in collection activities under Chapter 649 such that they must be licensed under that chapter.

IN RE: APPLICATION OF FINLEY

  • Can a district court consider previously sealed criminal convictions when determining whether to grant a petition to seal other criminal records.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for December 19, 2019

Nevada Appellate Courts Advance Opinions for December 19, 2019

Valentine v. State

  • When is an evidentiary hearing warranted on a fair-cross-section challenge to a jury.

Vegas United Inv. Series 105 v. Celtic Bank

  • Are mortgage savings clauses enforceable in nonresidential property owners’ associations.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for December 12, 2019

Nevada Appellate Courts Advance Opinions for December 12, 2019

Buma v. Providence Corp. Dev.

  • When is an employee who is injured while traveling away from the workplace eligible to receive workers’ compensation under the Nevada Industrial Insurance Act (NIIA).

Rosen v. Tarkanian

  • What is the appropriate test for determining if protected communications are made in good faith under Nevada’s anti SLAPP statutes.

Visit the Nevada Appellate Report for more legal news.

Does an online blogger qualify for the protections of Nevada’s news shield statute?

Picture of a reporter at a typewriter

Toll v. Wilson (Nev. Supreme Ct. – Dec. 5, 2019)

Almost fifty years ago, the Nevada Legislature passed the news shield statute, NRS 49.275. The current version of the statute protects journalists who are associated with newspapers, periodicals, press associations, and radio and television programs from mandatory disclosure of confidential sources. Since the passage of the statute, the news media has undergone immense changes. Previously, most news outlets disseminated news via physically printed newspapers and magazines or by radio and television broadcasts. Now, in addition to these sources, independent bloggers disseminate news through personal websites. At issue is whether digital media falls within the protections of Nevada’s news shield statute.

Toll runs an online blog that reports on current events in Virginia City, Nevada. Initially, this blog, thestoreyteller.online (The Storey Teller), focused on the then-pending recall election of Sheriff Gerald Antinoro. Toll expressed a counter-narrative to local news sources, which he felt were publishing stories that were critical of Antinoro. After the recall election, Toll continued publishing The Storey Teller. In addition to other current events, Toll took an interest in Storey County Commissioner Lance Gilman. Toll wrote several articles that were critical of Gilman and posted them on The Storey Teller. Specifically, Toll wrote and posted articles that alleged Gilman did not live in Storey County. In response to these articles, Gilman filed suit, alleging defamation per se against Toll.

Continue reading “Does an online blogger qualify for the protections of Nevada’s news shield statute?”