Nevada Appellate Courts Advance Opinions for October 1, 2020

COTTER, JR. VS. KANE

• Can a corporate nominal defendant in a derivative action challenge or defend the underlying merits of that action.
• What must a court consider when determining whether a shareholder plaintiff adequately represents shareholders and thus has standing to bring a derivative action.

 TURNER (STEVEN) VS. STATE 

• Does a defendant waive or forfeit a Bruton argument where the defendant moves to sever the trial on Bruton grounds but thereafter cooperates to redact the statements and neither objects to the statements at trial nor renews the Bruton argument before the admission of the statements to the jury.

 HARVEY (ALFRED) VS. STATE

• Does NRS 175.101 preclude a judge other than the trial judge from deciding post-trial motions where there is no evidence that the trial judge is absent, deceased, sick, or disabled.

GONZALES (MELVIN) VS. STATE

• What types of ineffective-assistance claims are permitted by NRS 34.810(1)(a).

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