Nevada Appellate Courts Advance Opinions for June 4, 2020

Nevada Appellate Courts Advance Opinions for June 4, 2020

Belcher v. State

  • What factors are considered to help determine whether the Nevada Supreme Court should consider an error’s harmlessness when the State has not argued harmlessness in a death penalty case.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for December 27, 2018

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.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for March 1, 2018

Nevada Appellate Courts Advance Opinions for March 1, 2018

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).

ZENOR VS. STATE, DEP’T OF TRANSP.

  • Are attorney fees prohibited under NRS 18.010(2)(b) in petitions for judicial review of an agency determination.

STATE VS. DIST. CT. (BAKER (JEFFREY))

  • Did a defendant have “an adequate opportunity” to cross-examine a witness when, immediately after the State’s direct examination at the preliminary hearing, the defendant waived his right to continue the preliminary hearing.

ANDREWS (RYAN) VS. STATE

  • Does the simultaneous possession of different schedule I controlled substances constitute separate offenses under NRS 453.3385 or must the weight of the controlled substances be aggregated to form a single offense.

PAWLIK VS. DENG

  • Does NRS 271.595, a statute governing redemption of property sold for default on city tax assessments, create two consecutive redemption periods.

K-KEL, INC. VS. STATE, DEP’T OF TAXATION

  • Did the court lack jurisdiction to consider petitions for judicial review of the Nevada Tax Commission regarding a tax refund request because they were untimely.

DEZZANI VS. KERN & ASSOC.’S, LTD. C/W 69410

  • Can an attorney be held liable for a claim under NRS 116.31183 as an agent of a common-interest community homeowners’ association.
  • Can attorneys litigating pro se and/or on behalf of their law firms recover attorney fees and costs.

JEREMIAS (RALPH) VS. STATE (DEATH PENALTY-DIRECT)

  • Did the district court violate the defendant’s right to a public trial by closing the courtroom to members of the public during jury selection without making sufficient findings to warrant the closure.

Visit the Nevada Appellate Report for more legal news.