Nevada Appellate Courts Advance Opinions for July 16, 2020

Nevada Appellate Courts Advance Opinions for July 16, 2020

In re Hughes

  • Did a family court judge violate the Nevada Code of Judicial Conduct.
  • What is the appropriate sanction for violation of the Code of Judicial Conduct where the violation is not knowing or deliberate and aggravating factors are not present.

Figueroa-Beltran v. United States

  • Is the identity of a substance an element of the crime articulated in NRS 453.333.

Lofthouse v. State

  • Is sexual conduct between certain school employees or volunteers and students who are old enough to consent to sexual conduct an unlawful act perpetrated upon the person of a minor such that it is a predicate offense for first-degree kidnapping.

Pundyk v. State

  • Is psychiatric expert witness testimony regarding a defendant’s mental state admissible for purposes of establishing that the defendant meets the not-guilty-by-reason-of-insanity standard under NRS 174.035(6).

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for September 27, 2017

Nevada Appellate Courts Advance Opinions for September 27, 2017

STATE ENGINEER VS. EUREKA CTY.

  • When does a district court exceed its authority when an appellate court remands a case to the district court.

STATE, DEP’T. OF TRANSP. VS. DIST. CT. (NASSIRI)

  • Did the Nevada Department of Transportation (NDOT) breach a settlement agreement or its implied duty of good faith and fair dealing by building an overpass adjacent to a landowner’s property.
  • When is a unilateral mistake claim time-barred by the statute of limitations.

GORDON VS. GEIGER (CHILD CUSTODY)

  • Did the district court violate a parent’s due process rights when it changed the terms of custody without sufficient notice to the parent.
  • What are the proper procedures when the district court wants to interview a child witness.

FORD MOTOR CO. VS. TREJO

  • Should Nevada adopt the risk-utility analysis for determining whether a defendant is liable for a design defect under a strict product liability theory.

ADELSON VS. HARRIS (NRAP 5)

  • Does a hyperlink to source material about judicial proceedings in an online petition suffice to qualify as a report for purposes of applying the common law fair report privilege.
  • Did Nevada’s anti-strategic litigation against public participation (“anti-SLAPP”) statute, NRS 41.653-.670, as that statute was in effect prior to the most recent amendments in 2013, cover speech that seeks to influence an election but that is not addressed to a government agency.

HIGH NOON AT ARLINGTON RANCH HOMEOWNERS ASS’N VS. DIST. CT. (D.R. HORTON, INC.)

  • Does a homeowners’ association have standing to represent (a) unit owners who purchase their units after the litigation commences, and (b) unit owners who sell their units after the litigation commences.

Visit the Nevada Appellate Report for more legal news.