Year: 2019

Nevada Appellate Courts Advance Opinions for July 25, 2019

Posted on by Jeff Jaeger

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.

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

Posted on by Jeff Jaeger

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.

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Nevada Appellate Courts Advance Opinions for July 3, 2019

Posted on by Jeff Jaeger

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.

Nevada Appellate Courts Advance Opinions for June 27, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for June 27, 2019

WASTE MGMT. OF NEVADA, INC. VS. WEST TAYLOR ST., LLC

  • Does reference to the mechanics’ lien statute in Nevada’s garbage lien statute, NRS 444.520(3), incorporate only the mechanics’ lien statute’s procedural requirements for foreclosure as set forth in NRS 108.239 or does that reference also incorporate requirements of perfecting a lien, as set forth in NRS 108.226.
  • Is foreclosure of a garbage lien subject to a statute of limitations.

 Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for June 13, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for June 13, 2019

KIM VS. DICKINSON WRIGHT, PLLC

  • Does 28 U.S.C. § 1367(d) toll the statute of limitations for a state-law claim filed in federal court under supplemental jurisdiction while the state-law claim is pending in federal court regardless of the continuation or dismissal of other claims in that action.
  • Does the litigation malpractice tolling rule apply to non-adversarial proceedings.

Visit the Nevada Appellate Report for more legal news.

Does witness testimony at trial via two-way audiovisual violate a defendant’s right to confrontation?

Posted on by Jeff Jaeger

Picture of a person wiith a TV head

Lipsitz (Ryan) vs. State (Nev. Supreme Ct. – June 6, 2019)

Lipsitz was convicted of seven sexually related counts, including sexual assault and attempted sexual assault. He argued that the district court erred when it allowed the victim to testify by two-way audiovisual transmission, which violated his rights under the Confrontation Clause of the Sixth Amendment.

Lipsitz trespassed into a residential treatment facility, where he sexually assaulted the victim, an 18-year-old patient seeking treatment for substance abuse and trauma related to her experience as a victim of sex trafficking. On the morning in question, the victim fell asleep while reading in the recreation room around 4 a.m. Approximately one hour later, the victim awoke to find Lipsitz, whom she had never seen before, standing at the end of the couch. Lipsitz exposed himself and forced the victim to have sex with him. Lipsitz then attempted to force the victim to perform fellatio on him. When he failed, he became upset, mumbled something under his breath, and walked away. Another patient and several staff members at the treatment center saw Lipsitz exiting the treatment center through the front gate. He was nearby the center when police officers found him.

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Nevada Appellate Courts Advance Opinions for June 6, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for June 6, 2019

ROSE, LLC VS. TREASURE ISLAND, LLC

  • When a written lease is otherwise silent, is the allegedly defaulting party entitled to “strict” or merely “substantial” compliance with the notice requirements set forth in the lease for declaring the party in default.

THE ORIGINAL ROOFING CO., LLC VS. CHIEF ADMIN. OFFICER OF THE OCCUPATIONAL SAFETY AND HEALTH ADMIN.

  • How must an employer’s knowledge of violative conduct of safety laws by a supervisor be established.

LIPSITZ (RYAN) VS. STATE

  • Does a witness’s testimony at trial via two-way audiovisual transmission violate a defendant’s right to confrontation.
  • Can a defendant be convicted of both sexual assault and attempted sexual assault based on the same conduct.

Visit the Nevada Appellate Report for more legal news.