Tag: Fourteenth Amendment

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 December 27, 2018

Posted on by Jeff Jaeger

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

Posted on by Jeff Jaeger

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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Nevada Appellate Courts Advance Opinions for August 23, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 23, 2018

RICHARD (DVONTAE) VS. STATE

  • When should an out-of-court statement be excluded from the definition of hearsay as a prior inconsistent statement or as a prior identification.

MATHEWS (DONOVINE) VS. STATE

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Is it permissible to strike a prospective juror based on sexual orientation?

Posted on by Jeff Jaeger

Picture of two hands removing jurors from a jury box

Morgan (John) vs. State (Nev. Supreme Ct. – May 3, 2018)

The State used a peremptory challenge to strike a prospective juror, an identifiably gay member. The defendant made a Batson challenge against the State’s strike based on sexual orientation.

On October 30, 2014, Maria was working as a manager at an AM/PM convenience store when she saw a man grab a package of mixed nuts and put them into his pocket. Maria approached the man while he was at the checkout counter trying to pay for another item and asked him if he could please take out what he had placed into his pocket. The man told Maria to “get the f_ _ _ out of [his] face,” and as she backed up in response, he approached and hit her in the chest. Maria fell to the ground, got up, and hit the man’s backpack with a stick as he left the store. The man’s backpack ripped and containers of soup fell out. Maria called the police and indicated where the man departed. Police detained the man and identified him as Morgan. The State then charged Morgan by way of criminal complaint and information with one count of robbery and one count of battery with intent to commit a crime.

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Nevada Appellate Courts Advance Opinions for May 3, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for May 3, 2018

DOLORES VS. STATE, DEP’T OF EMPLOYMENT SEC. DIV.

  • Is submitting a resignation when faced with a resign-or-be-fired option a voluntary resignation under NRS 612.380, thereby disqualifying an individual from unemployment benefits.

LAS VEGAS DEV. GRP., LLC VS. BLAHA

  • Do the time limitations in NRS 107.080(5)-(6) (2010) bar an action challenging an NRS Chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale.

COTTER, JR. VS. DIST. CT. (COTTER)

  • Do documents disclosed to third parties constitute waiver of the work-product privilege.

MEI-GSR HOLDINGS, LLC VS. PEPPERMILL CASINOS, INC.

  • Does NRS 600A.030, Nevada’s Uniform Trade Secrets Act (NTSA), preclude a defendant from demonstrating that certain information is readily ascertainable and not a trade secret even though the defendant acquired the information through improper means.

FITZGERALD VS. MOBILE BILLBOARDS, LLC

  • Were allegedly defamatory statements made by an employer regarding an employee’s alleged abuse of the workers’ compensation program to obtain prescription pain medication, a violation of NRS 616D.300, absolutely privileged.

IN RE: MATTER OF E.R. C/W 73198

  • Does a familial placement preference survive the termination of parental rights.

COLEMAN (SOLOMON) VS. STATE

  • Does NRS 200.604 prohibit a person from copying, without permission, a consensually recorded video depicting sexual acts.

MORGAN (JOHN) VS. STATE

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Nevada Appellate Courts Advance Opinions for December 26, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 26, 2017

ARCELLA VS. ARCELLA (CHILD CUSTODY)

  • What weight should a court afford to one parent’s objection to a child receiving a religious education.

STATE, DEP’T. OF BUS. AND INDUS., FIN. INST. DIV. VS. DOLLAR LOAN CTR., LLC

  • Can a payday loan licensee sue to collect on the recovery of a loan made for the purpose of refinancing prior loans under NRS 604A.480(2).

FRANCHISE TAX BD. VS. HYATT

  • Does the exception to immunity for intentional torts and bad-faith conduct survive the Supreme Court of Nevada’s adoption of the federal discretionary-function immunity test.
  • Is the Franchise Tax Board of the State of California (FTB) entitled to the $50,000 statutory cap on damages a similarly situated Nevada agency would be entitled to in similar circumstances.
  • Is it reasonable to provide FTB with the same protection of California law, to the extent that it does not conflict with Nevada law, to grant FTB immunity from punitive damages.

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Is Nevada’s medical marijuana registry unconstitutional?

Posted on by Jeff Jaeger

Is Nevada’s medical marijuana registry unconstitutional?

Doe vs. State, Legislature of the 77th Session (Nev. Supreme Ct. – Dec. 7, 2017)

In November 2000, the Nevada Constitution was amended to allow the possession and use of marijuana for the treatment or alleviation of various medical conditions. This amendment also required the Legislature to establish a registry of patients who were authorized to use marijuana for medical purposes. As a result, the Legislature enacted Assembly Bill 453, allowing registry identification cardholders to use medical marijuana without fear of state prosecution for certain marijuana-related offenses. Subsequently, the Legislature established two fees to defray the costs of administering the registration program: an application fee and a processing fee. In this appeal, the Supreme Court of Nevada examined whether Nevada’s medical marijuana registry violates the Due Process, Equal Protection, or Self-Incrimination Clauses of the United States or Nevada Constitutions.

In 2015, appellant John Doe applied for, and received, a registry identification card after his doctor recommended he try medical marijuana to treat his migraine headaches. Doe subsequently filed suit against the Nevada Legislature, the Governor, and the Department of Health and Human Services (the DHHS) (collectively, respondents). In particular, Doe argued that the medical marijuana registry and its associated fees violated his due process and equal protection rights, and his right against self-incrimination. Doe also argued that the DHHS committed fraud and was unjustly enriched by the registration fees.

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