Tag: NRS 128.107

Nevada Appellate Courts Advance Opinions for August 2, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 2, 2018

COLES (BRENT) VS. BISBEE

  • 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.

CLARK CTY. VS. HQ METRO, LLC

  • 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).

HUBBARD (CORY) VS. STATE

  • 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)

Visit the Nevada Appellate Report for more legal news.

Can a parent be compelled to admit to a crime to maintain their parental rights?

Posted on by Jeff Jaeger

Parental Rights 5th Amendment

In Re: Parental Rights as to A.D.L. and C.L.B., Jr. (Nev. Supreme Ct. – Oct. 5, 2017)

In this opinion, the Supreme Court of Nevada considered whether a parent’s Fifth Amendment rights are violated when he or she is required to admit to a criminal act in order to maintain his or her parental rights.

In April 2010, Clark County Department of Family Services (DFS) received an anonymous call through its child abuse hotline alleging that Keaundra’s children were being abused and neglected. The caller alleged that the face of Keaundra’s infant child had been burned. During an interview with a DFS investigator, Keaundra stated that she was the only adult at home when C.L.B., Jr. was burned. Her two children, A.D.L. and C.L.B., Jr., were in the master bedroom while she was preparing for work in the attached bathroom. She had recently ironed her clothes and had placed the iron on her dresser. Keaundra heard the iron fall and when she came out to investigate, A.D.L. told her that C.L.B., Jr. had tried to kiss the iron. Keaundra then called her mother, a nurse, who told her to put ointment on the injury and to take C.L.B., Jr. to the emergency room if the burn blistered.

Following the initial contact with DFS, Keaundra moved her family to Louisiana, where her father was stationed with the U.S. Air Force. Upon learning that Keaundra moved to Louisiana, DFS sought help from U.S. Air Force authorities to gain protective custody of the children. The children were removed from Keaundra’s care, and C.L.B., Jr. was taken to see Dr. Neuman, a physician in Louisiana. Dr. Neuman reported that the injury was well healed and that there was no evidence of abuse.

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Nevada Appellate Courts Advance Opinions for October 5, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 5, 2017

MENDENHALL VS. TASSINARI

  • Are claims that are brought by the offering party in a second action, and arise out of facts that were discovered after serving the NRCP 68 offer, barred by general principles of claim preclusion or by the very terms of the NRCP 68 offer.

HUMPHRIES VS. NEW YORK-NEW YORK HOTEL & CASINO, LLC

  • When does an innkeeper owe a duty of care for on premises injuries caused by third parties because the wrongful act of a third party was foreseeable.

SWEAT (LONNIE) VS. DIST. CT. (STATE)

  • Does a defendant who pleads guilty to a lesser charge pursuant to a plea agreement and fails to comply with the terms of that agreement, waive his or her right to be protected from prosecution on a greater charge.

WILLIAMS (JESSICA) VS. STATE, DEP’T OF CORR.

  • Do credits earned pursuant to NRS 209.4465 apply to eligibility for parole as provided in NRS 209.4465(7)(b) where the offender was sentenced pursuant to a statute that requires a minimum term of not less than a set number of years, but does not mention parole eligibility.

FREDIANELLI VS. MARTINEZ

  • Can an attorney actively enforce a retaining lien.
  • Is an affirmative recovery necessary in the retaining lien context.
  • Can a retaining lien be reduced to a monetary judgment.

JOHNSON (DONTE) VS. STATE (DEATH PENALTY-PC)

  • Must a defendant file a postconviction petition within one year after remittitur issued on direct appeal from his original judgment of conviction where the direct appeal resulted in reversal and remand for another penalty hearing such that his sentences were unsettled.

IN RE: PARENTAL RIGHTS AS TO A.D.L. AND C.L.B., JR.

  • Are a parent’s Fifth Amendment rights violated when he or she is required to admit to a criminal act in order to maintain his or her parental rights.

Visit the Nevada Appellate Report for more legal news.