Tag: NRS 173.035

Nevada Appellate Courts Advance Opinions for September 27, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 27, 2018

WARREN, JR. (JOSEPH) VS. DIST. CT. (STATE)

  • Does NRS 178.562(2) limit the State’s options after the justice court dismisses a criminal complaint that charges felony and/or gross misdemeanor offenses such that the State can only file a motion for leave to file an information by affidavit or obtain a grand jury indictment and cannot appeal the justice court’s decision to the district court.

HALL PRANGLE & SCHOONVELD, LLC VS. DIST. CT. (PETERSON) C/W 70083

  • Can a court use the collective knowledge doctrine to aggregate employees’ knowledge to impose discovery sanction orders.
  • Does a district court’s citation to the Rules of Professional Conduct in support of a determination of attorney misconduct cause reputational harm that amounts to a sanction.

DECHAMBEAU V. BALKENBUSH

  • What controls the duration and scope of a stipulation.

Visit the Nevada Appellate Report for more legal news.

Can a defendant be prosecuted twice for the same offense if he or she fails to comply with the terms of a plea agreement?

Posted on by Jeff Jaeger

Plea Agreement

Sweat (Lonnie) vs. Dist. Ct. (State) (Nev. Supreme Ct. – Oct. 5, 2017)

The Double Jeopardy Clause protects a defendant from multiple prosecutions for the same offense. This opinion addresses whether a defendant’s failure to comply with the terms of a plea agreement with the State constitutes a waiver of that protection.

On May 9, 2016, the State charged Sweat by way of criminal complaint with battery constituting domestic violence, a category C felony. In Nevada, battery constituting domestic violence is a felony if the defendant has two or more prior convictions for domestic violence within seven years. Because Sweat had priors in 2010 and 2011, the State opted to proceed as a felony. Pursuant to negotiations with the State of Nevada, Sweat agreed to plead guilty in justice court to one count of battery constituting domestic violence, a misdemeanor, and in district court to one count of battery constituting substantial bodily harm, a felony. In exchange for his pleas, the State agreed to drop the charge of battery constituting domestic violence as a felony. Per the agreement, Sweat pleaded guilty to the misdemeanor battery constituting domestic violence and was immediately sentenced to time served. Sweat also waived his right to a preliminary hearing and was bound over to district court for entry of plea on the felony count of battery causing substantial bodily harm.

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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.