Nevada Appellate Courts Advance Opinions for August 23, 2018
- When should an out-of-court statement be excluded from the definition of hearsay as a prior inconsistent statement or as a prior identification.
Category: Uncategorized
Nevada Appellate Courts Advance Opinions for August 2, 2018
Nevada Appellate Courts Advance Opinions for August 2, 2018
- Does the Parole Board’s use of the Static-99R recidivism risk assessment comply with the relevant statutory provisions governing parole review for prisoners convicted of sexual offenses.
SHORES VS. GLOBAL EXPERIENCE SPECIALISTS, INC.
- Must a noncompete agreement that imposes a nationwide restriction be limited to the geographical areas in which an employer has particular business interests.
N. NEVADA HOMES, LLC VS. GL CONSTR., INC.
- What is the proper method of determining the prevailing party when faced with both a settlement and a damages recovery.
IN RE: PARENTAL RIGHTS AS TO S.L., N.R.B., H.R.B., W.C.B. C/W 71889
- Does the termination of parental rights bases on the parents’ refusal to admit to abuse violate their Fifth Amendment rights.
SFR INVESTMENTS POOL 1, LLC VS. BANK OF NEW YORK MELLON (NRAP 5)
- Does NRS 116.31168(1)’s incorporation of NRS 107.090 require a homeowner’s association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on October 1, 2015.
GRANADA-RUIZ (GAMBINO) VS. DIST. CT. (STATE)
- When does double jeopardy prohibit a retrial.
- Does an order for immediate occupancy permitting a party to occupy a permanent easement vest a right to compensation.
NEVADA RECYCLING AND SALVAGE, LTD VS. RENO DISPOSAL CO., INC.
- Were the appellants injured in their business and therefore have standing to assert their claim under the Nevada Unfair Trade Practice Act (UTPA).
- Must the defense place intent or absence of mistake at issue before the State can seek admission of prior act evidence.
RIPPO (MICHAEL) VS. STATE (DEATH PENALTY-PC)
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Nevada Appellate Courts Advance Opinions for July 26, 2018
Nevada Appellate Courts Advance Opinions for July 26, 2018
- Can a probationer’s testimony at a revocation hearing be used in a subsequent criminal proceeding.
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Nevada Appellate Courts Advance Opinions for July 19, 2018
Nevada Appellate Courts Advance Opinions for July 19, 2018
LABARBERA VS. WYNN LAS VEGAS, LLC
- Did the district court abuse its discretion under the Nevada Supreme Court Rule Part IX-B(B) when its written order summarily denied a civil defendant’s request to testify at trial using audiovisual equipment.
- What standard must a court use to determine the admissibility of intoxication as a defense to a contract claim.
STATE VS. DIST. CT. (KEPHART (JOHN))
- What determines felony enhancement for domestic battery under NRS 200.485.
- Does the discretionary-act immunity doctrine apply to an action arising from a vehicular accident involving a police officer responding to an emergency.
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Nevada Appellate Courts Advance Opinions for June 28, 2018
Nevada Appellate Courts Advance Opinions for June 28, 2018
WEST SUNSET 2050 TRUST VS. NATIONSTAR MORTG., LLC
- Did a deed of trust survive an HOA foreclosure sale because the HOA failed to provide statutorily required preforeclosure notice.
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Courtroom Handbook on Nevada Evidence 2018 Edition
New for 2018 – The Courtroom Handbook on Nevada Evidence
The Courtroom Handbook on Nevada Evidence is a compact, all-inclusive guide to the rules and laws of evidence in the State of Nevada. Though suitable for a desk reference, the Handbook’s primary role is for use while in the courtroom. By taking a practice-oriented approach, the Handbook is intended to help reduce the risk of wasting precious time or missing a potential argument. Much thought went into the design and layout of the Handbook. To provide a common reference point for all attorneys, Chapter 8 of this Handbook is organized by the Federal Rule Number with reference to the corresponding Nevada Revised Statutes. Chapter 8 is comprised of the annotated version of the Nevada Rules of Evidence. Attorneys can use this for quick access to relevant case law while engaged in argument. Also included are select Civil Rules of Procedure from various jurisdictions. Practicing attorneys can use this section to find the appropriate rules at a moment’s notice. The tables contain a summary of common objections and responses as well as evidentiary foundations. These tables are designed as checklists for use while in the courtroom. Each checklist provides a step-by-step script to assist with courtroom evidentiary procedures.
In addition, on September 14, 2017, the Supreme Court of Nevada issued an order amending Rule 36 of the Nevada Rules of Appellate Procedure providing that a party may cite only unpublished dispositions issued by the Supreme Court on or after January 1, 2016, for their persuasive authority. As a result, beginning with the 2018 Edition, relevant Supreme Court of Nevada unpublished opinions are included in this Handbook.
To read more about the Courtroom Handbook on Nevada Evidence or to purchase click here.
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Nevada Appellate Courts Advance Opinions for June 14, 2018
Nevada Appellate Courts Advance Opinions for June 14, 2018
CARRINGTON MORTG. HOLDINGS, LLC VS. R VENTURES VIII, LLC
- When are attorney fees and costs appropriate pursuant to NRS 116.3116(8) (2013).
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Nevada Appellate Courts Advance Opinions for June 7, 2018
Nevada Appellate Courts Advance Opinions for June 7, 2018
- Was a criminal defendant’s request to represent himself properly denied as untimely when the request was made 24 days prior to the scheduled trial date.
- Did the State produce sufficient evidence to sustain convictions for robbery and kidnapping when both convictions stemmed from the defendant’s actions over the course of a single incident.
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Nevada Appellate Courts Advance Opinions for May 31, 2018
Nevada Appellate Courts Advance Opinions for May 31, 2018
BAUTISTA VS. PICONE (CHILD CUSTODY)
- Is granting a parenting coordinator authority to make substantive changes to a parents’ custody arrangement an improper delegation of the district court’s judicial authority.
- Is NRS 1.310 unconstitutional.
PREVOST VS. STATE, DEP’T OF ADMIN.
- Is the failure to name a party of record in the caption of a petition for judicial review jurisdictionally fatal under NRS 233B.130(2)(a) where the party is named in the body of the petition and is properly served with the petition.
MDC RESTAURANTS, LLC VS. DIST. CT. (DIAZ)
- Under the Minimum Wage Amendment (MWA) to the Nevada Constitution, what health benefits must an employer provide to pay a minimum wage of one dollar per hour less than an employer who does not provide health benefits.
THE COMM’N. ON ETHICS OF THE STATE OF NEVADA VS. HANSEN
- Must an attorney for a public body have authorization from the client in a public meeting prior to filing a notice of appeal.
MONTAGE MARKETING, LLC VS. WASHOE COUNTY
- What is the appropriate method for assessing the taxable value of fully developed but unsold condominium units held by a developer.
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Nevada Appellate Courts Advance Opinions for May 24, 2018
Nevada Appellate Courts Advance Opinions for May 24, 2018
- When does a party waive their right to challenge a juror’s presence on the jury on appeal.