Nevada Appellate Courts Advance Opinions for June 4, 2020
- 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.
Tag: NRS 178.602
When does a party waive their right to challenge a juror on appeal?
Sayedzada v. State (Nev. Ct. App. – May 24, 2018)
The Court of Appeals of Nevada addressed whether a criminal defendant waived his appellate argument of juror bias as to two jurors he passed for cause at trial.
Sayedzada attacked a condominium-complex security guard who confronted him after the guard noticed he was hiding something under his shirt and acting suspiciously. The guard subdued Sayedzada and called the police. The guard discovered Sayedzada had a purse hanging around his neck, which Sayedzada claimed to have found. The purse contained several credit cards belonging to a woman and her family. Additional credit cards were found scattered on the ground where Sayedzada had been sitting after the guard subdued him. Officers recovered a total of 13 credit cards. When police contacted the purse’s owner, she told them she was unaware her purse, which she had left in her unlocked car the night before, had been stolen. The State charged Sayedzada with 13 counts of possession of a credit or debit card without the cardholder’s consent, and he pleaded not guilty.
At the preliminary hearing, Sayedzada indicated that at trial he would seek to exclude evidence of the purse theft. The State stated it would not introduce that evidence, but acknowledged the jury would be able to draw that inference from the facts.
Continue reading “When does a party waive their right to challenge a juror on appeal?”
Nevada Appellate Courts Advance Opinions for May 24, 2018
Nevada Appellate Courts Advance Opinions for May 24, 2018
- When does a party waive their right to challenge a juror’s presence on the jury on appeal.
Visit the Nevada Appellate Report for more legal news.
Nevada Appellate Courts Advance Opinions for November 16, 2017
Nevada Appellate Courts Advance Opinions for November 16, 2017
IN RE: DISCIPLINE OF CHRISTOPHER READE
- Does SCR 102 provide for the imposition of a fine when the State Bar Disciplinary Board recommends that an attorney be suspended or disbarred.
- When can offenses be joined as being committed as parts of a common plan or scheme pursuant to NRS 173.115(2).
- Can counsel’s affirmative misrepresentation regarding filing a postconviction petition and subsequent abandonment of the petitioner be an impediment external to the defense to satisfy cause for the delay under NRS 34.726(1)(a) for filing an untimely petition.
- Do the provisions of NRS Chapter 289, which are intended to provide job-related protections to peace officers employed by law enforcement agencies, apply to bailiffs and marshals employed by the Eighth Judicial District Court.
SIERRA PACK’G V. CHIEF AD. OFF’R OF NOSHA
- What standard must the Nevada Occupational Safety and Health Administration utilize to establish employee exposure to hazard.
CITY OF LAS VEGAS VS. DIST. CT. (KAMIDE (STEVEN))
- Does NRS 50.155(1) impose a duty to limit out-of-court communications between witnesses about their testimony when the witness exclusion rule has been invoked.
Visit the Nevada Appellate Report for more legal news.
Nevada Appellate Courts Advance Opinions for October 5, 2017
Nevada Appellate Courts Advance Opinions for October 5, 2017
- 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.
- 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.