Tag: NRS 178.598

Nevada Appellate Courts Advance Opinions for October 1, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 1, 2020

COTTER, JR. VS. KANE

  • Can a corporate nominal defendant in a derivative action challenge or defend the underlying merits of that action.
  • What must a court consider when determining whether a shareholder plaintiff adequately represents shareholders and thus has standing to bring a derivative action.

 TURNER (STEVEN) VS. STATE 

  • Does a defendant waive or forfeit a Bruton argument where the defendant moves to sever the trial on Bruton grounds but thereafter cooperates to redact the statements and neither objects to the statements at trial nor renews the Bruton argument before the admission of the statements to the jury.

 HARVEY (ALFRED) VS. STATE

  • Does NRS 175.101 preclude a judge other than the trial judge from deciding post-trial motions where there is no evidence that the trial judge is absent, deceased, sick, or disabled.

GONZALES (MELVIN) VS. STATE

  • What types of ineffective-assistance claims are permitted by NRS 34.810(1)(a).

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for June 4, 2020

Posted on by Jeff Jaeger

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.

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Nevada Appellate Courts Advance Opinions for January 30, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for January 30, 2020

Paulos v. FCH1, LLC

  • What is the preclusive effect of a qualified-immunity decision where the federal district court’s judgment addressed both prongs of the qualified-immunity inquiry, but the federal appellate court addressed only one prong to affirm the judgment.

Flowers v. State

  • Was evidence of a subsequent murder properly admitted in a murder prosecution under the identity exception to NRS 48.045(2).

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Nevada Appellate Courts Advance Opinions for December 27, 2018

Posted on by Jeff Jaeger

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.