Nevada Appellate Courts Advance Opinions for December 27, 2018

Nevada Appellate Courts Advance Opinions for December 27, 2018

GONOR VS. DALE

  • Does a deceased party’s actual date of death, or the suggestion of death filed on the record, trigger the 90-day time limitation prescribed in NRCP 25(a)(1) under which a motion to substitute the proper party in place of the deceased party must be filed in order to preclude dismissal.

CAPANNA, M.D. VS. ORTH C/W 70227

  • What constitutes improper jury nullification and golden rule arguments during closing argument.

HARRIS (AMMAR) VS. STATE (DEATH PENALTY-DIRECT)

  • When can gruesome photographs of a victim’s injuries be properly admitted in a criminal case.

BRANCH BANKING & TR. CO. VS. GERRARD, ESQ.

  • When does a litigation malpractice claim accrue.

IN RE: ESTATE OF SARGE

  • Is an order finally resolving a constituent consolidated case immediately appealable as a final judgment even where the other constituent case or cases remain pending.

COOPER (JAMES) VS. STATE

  • What evidence satisfies the prima facie showing of race-based discrimination to determine whether a peremptory challenge is improperly based on race.

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Nevada Appellate Courts Advance Opinions for November 21, 2018

Nevada Appellate Courts Advance Opinions for November 21, 2018

VICKERS (TRACEY) VS. DIRECTOR

  • Is an offender who is willing and able to work but who has not been assigned a job by the Nevada Department of Corrections (NDOC) entitled to labor credits pursuant to NRS 209.4465(2).
  • Does the change in the ability to apply credits to minimum sentences brought about by the 2007 amendments to NRS 209.4465 violate the Equal Protection Clauses of the United States and Nevada Constitutions.

STARR (BRANDON) VS. STATE

  • When is a criminal defendant entitled to an inverse flight instruction.

MCGOWEN VS. DIST. CT. (CRYSTAL)

  • Can a plaintiff’s attorney or the employee of a plaintiff’s attorney serve a summons and complaint on a defendant.

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