Tag: 6th Amendment

Nevada Appellate Courts Advance Opinions for December 26, 2019

Posted on by Jeff Jaeger

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.

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Nevada Appellate Courts Advance Opinions for December 19, 2019

Posted on by Jeff Jaeger

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.

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Nevada Appellate Courts Advance Opinions for November 27, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 27, 2019

Poasa v. State

  • When a district court imposes a sentence in a criminal case, must it give a defendant credit for any of the time the defendant has actually spent in presentence confinement.

Anderson v. State

  • What is the appropriate burden of proof for purposes of the forfeiture-by-wrongdoing exception to the Sixth Amendment’s Confrontation Clause.

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Nevada Appellate Courts Advance Opinions for November 7, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 7, 2019

Gathrite v. Eighth Jud. Dist. Ct.

  • Can evidence that has been suppressed in justice court proceedings on a felony complaint be presented to the grand jury in support of an indictment.

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Can a grand jury consider suppressed evidence?

Posted on by Jeff Jaeger

Picture of evidence envelope

Gathrite v. Eighth Jud. Dist. Ct. (Nev. Supreme Ct. – Nov. 7, 2019)

At issue is whether evidence that has been suppressed in justice court proceedings on a felony complaint can be presented to the grand jury in support of an indictment.

Stemming from Gathrite’s alleged involvement in a deadly shooting, the State filed a criminal complaint in the justice court charging Gathrite with murder with use of a deadly weapon and possession of a firearm by a prohibited person. Before the preliminary hearing, Gathrite moved to suppress his statements to the police and the gun discovered as a result of his statements, alleging that the police had violated Miranda v. Arizona, 384 U.S. 436 (1966), and his Fifth Amendment privilege against self-incrimination. The justice court granted the motion and ordered the statements and the gun suppressed. The State did not ask the justice court to reconsider its decision or appeal the justice court’s decision to the district court. Instead, the State voluntarily dismissed the criminal complaint without prejudice and went to the grand jury solely on a charge of possession of a firearm by a prohibited person, presenting the evidence that the justice court had suppressed. The grand jury indicted Gathrite on one count of possession of a firearm by a prohibited person.

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Nevada Appellate Courts Advance Opinions for October 10, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 10, 2019

Reif v. Aries Consultants, Inc.

  • Does NRS 11.258 require a complaint involving nonresidential construction malpractice to be filed concurrently with an attorney affidavit and expert report.

Newson v. State

  • Must a district court instruct the jury on voluntary manslaughter when requested by the defense if the defense is only supported by circumstantial evidence.

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Does a defendant have the right to a jury trial on a charge of misdemeanor battery constituting domestic violence?

Posted on by Jeff Jaeger

Picture of a jury

Andersen v. Eighth Jud. Dist. Ct. (Nev. Supreme Ct. – Sept. 12, 2019)

At issue is since Nevada limits the right to bear arms for a person who has been convicted of misdemeanor battery constituting domestic violence, is the classification of the offense serious thereby requiring a jury trial.

Andersen was arrested and charged with first-offense battery constituting domestic violence (domestic battery), a misdemeanor pursuant to NRS 200.485(1)(a), and simple battery. Before the municipal court, Andersen made a demand for a jury trial, arguing that a conviction for domestic battery was a serious offense and thus compelled a jury trial. After the municipal court denied the demand for a jury trial, Andersen entered a no contest plea to the domestic battery charge, and the charge of simple battery was dismissed.

On appeal to the district court, Andersen’s sole contention was that he was erroneously denied the right to a jury trial. The district court disagreed and affirmed the conviction. Andersen then filed a writ petition.

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Nevada Appellate Courts Advance Opinions for September 12, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 12, 2019

Andersen v. Eighth Jud. Dist. Ct.

  • Is the offense of misdemeanor battery constituting domestic violence a serious offense such that the right to a jury trial is triggered.

State Eng’r v. Happy Creek, Inc.

  • Do Nevada courts have authority to grant equitable relief in water law cases beyond the relief, if any, that the water law statutes allow the State engineer to grant.

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Nevada Appellate Courts Advance Opinions for September 5, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 5, 2019

Spar Bus. Servs., Inc. v. Olson

  • Is the untimely service of a timely filed petition for judicial review of an administrative decision a jurisdictional defect mandating dismissal.

Poole v. Nev. Auto Dealership Invs.

  • What is the meaning of “knowingly” and “material fact” under the Nevada Deceptive Trade Practices Act (NDTPA).

MMAWC, LLC v. Zion Wood Obi Wan Tr.

  • Does the Federal Arbitration Act (FAA) preempt NRS 597.995, which requires agreements that include an arbitration provision to also include a specific authorization for the arbitration provision showing that the parties affirmatively agreed to that provision.

Anderson v. State

  • What is the State’s burden of proof when invoking the forfeiture-by-wrongdoing exception to the Confrontation Clause.

Azucena v. State

  • What is the standard of review for preserved claims of judicial misconduct during voir dire.

DeMaranville v. Cannon Cochran Mgmt.

  • Did substantial evidence support an appeal officers finding that a retired city police officer’s death was caused by heart disease and was compensable as an occupational disease under NRS 617.457.

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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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