Month: July 2020

Nevada Appellate Courts Advance Opinions for July 16, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 16, 2020

In re Hughes

  • Did a family court judge violate the Nevada Code of Judicial Conduct.
  • What is the appropriate sanction for violation of the Code of Judicial Conduct where the violation is not knowing or deliberate and aggravating factors are not present.

Figueroa-Beltran v. United States

  • Is the identity of a substance an element of the crime articulated in NRS 453.333.

Lofthouse v. State

  • Is sexual conduct between certain school employees or volunteers and students who are old enough to consent to sexual conduct an unlawful act perpetrated upon the person of a minor such that it is a predicate offense for first-degree kidnapping.

Pundyk v. State

  • Is psychiatric expert witness testimony regarding a defendant’s mental state admissible for purposes of establishing that the defendant meets the not-guilty-by-reason-of-insanity standard under NRS 174.035(6).

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for July 9, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 9, 2020

State, Dep’t of Taxation v. Dist. Ct.

  • Does a government entity have possession, custody, or control over the content on the personnel cell phones of former workers hired through a temporary employment agency so as to be required under NRCP 16.1 to disclose that material.

Anthony S. Noonan IRA, LLC v. U.S. Bank

  • Can the entire amount of a homeowner’s association (HOA) yearly assessment be included in the superpriority piece of an HOA’s lien under 116.3116.

Kuptz-Blinkinsop v. Blinkinsop

  • Does NRS 11.190(1)(a), which requires that an action on a divorce decree commence within six years, apply to claims of enforcement of real property distribution in divorce decrees.

Est. of Curtis v. S. Las Vegas Med. Inv’rs

  • Is a nurse’s mistake in administering a drug to one patient, when the drug was prescribed to a different patient, as well as the alleged failure to thereafter monitor the patient, a matter of professional negligence subject to NRS 41A.071’s affidavit requirement.

Matthews v. State

  • Did the court error in denying a defendant’s Batson objection.

State, Dep’t of Corr. v. DeRosa

  • Does NRCP 4.2(a) require personal service of a petition for judicial review of an agency’s decision.

Nelson v. Nelson

  • Are orders denying a request for a joint preliminary injunction pursuant to EDCR 5.157 in a family law matter appealable under NRAP 3AA(b)(3).

Spencer v. Klementi

  • Does Nevada’s absolute privilege that attaches to judicial and quasi-judicial proceedings extend to statements made during the public-comment period of a planning-commission or improvement-district meeting,

Visit the Nevada Appellate Report for more legal news.