Nevada Appellate Courts Advance Opinions for August 29, 2019

Nevada Appellate Courts Advance Opinions for August 29, 2019

Hager v. State

  • Is a defendant who is assigned to and successfully completes a mental health specialty court diversion program under NRS 176A.250 through NRS 176A.265 (2013) thereby adjudicated as mentally ill, making it illegal for him to possess a firearm under NRS 202.360(2)(a).
  • When can a person be convicted of illegal possession of a firearm by an unlawful user of a controlled substance under NRS 202.360(1)(d).

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Nevada Appellate Courts Advance Opinions for December 6, 2018

Nevada Appellate Courts Advance Opinions for December 6, 2018

STATE VS. DIST. CT. (HEARN (MATTHEW))

  • Is the prosecutorial veto within NRS 176A.290, which authorizes a district court to assign certain eligible defendants to a veterans court program, unconstitutional.

RODRIGUEZ (JUAN) VS. STATE

  • Is NRS 200.481(2)(b) an enhancement statute such that battery causing substantial bodily harm cannot be enhanced for committing a crime against a person 60 years of age or older under NRS 193.167.

STATE VS. DIST. CT. (OJEDA (FRANCISCO))

  • Does a district court have authority to order the State to disclose veniremember criminal history information it acquires from a government database that is unavailable to the defense.

LAKE TAHOE PROTECTION DIST. VS. BD. OF ADMIN.

  • Does NRS 616B.578 require an employer to prove that it had knowledge of a specific diagnosis of an employee’s preexisting condition to qualify for reimbursement on a worker’s compensation claim.

O’KEEFE VS. STATE, DEP’T OF MOTOR VEHICLES

  • What is the correct standard of review that a hearing officer must apply to a Department of Motor Vehicles (DMV) disciplinary decision to terminate an employee.

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