Nevada Appellate Courts Advance Opinions for December 3, 2020

Nevada Appellate Courts Advance Opinions for December 3, 2020

 STATE, DEP’T OF TRANSP. VS. BRONDER

  • Is NAC 281.305(1)(a), which provides that a state officer or employee claiming whistleblower protection must file a whistleblower appeal within 10 workdays of the alleged reprisal or retaliation, a procedural rule and thus within the rulemaking authority that NRS 281.641(5) confers upon the Nevada Department of Administration’s Personnel Commission.

 IN RE: PETITION OF ARAGON

  • Does a conviction for open or gross lewdness meet the statutory requirements for sealing.

 SILVERWING DEV. VS. NEV. STATE CONTRACTORS BD.  

  • Is the term “substitution site” in NRS 624.220, which requires the Nevada State Contractors Board to impose a monetary license on the amount a contractor can bid on a project, unconstitutionally vague.

 IN RE: CHRISTIAN FAMILY TRUST 

  • May a creditor satisfy its claim against a settlor’s trust where the trust does not specifically provide for payment of a claim but the trustees approve a payment.

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Nevada Appellate Courts Advance Opinions for December 26, 2019

Nevada Appellate Courts Advance Opinions for December 26, 2019

State v. Inzunza

  • Does a 26-month delay between the filing of charges and a person’s arrest violate that person’s Sixth Amendment right to a speedy trial.

High Desert State Prison v. Sanchez

  • Does attempted lewdness with a child under 14 constitute a continuing offense.
  • How should a district court determine an award of good time credits when the charged offense is continuous in nature.

White v. State, Div. of Forestry

  • Is a person who suffers an industrial injury while incarcerated, but who subsequently is released and seeks workers’ compensation disability benefits due to that injury, entitled to have the benefits calculated at the minimum wage guaranteed under the Nevada Constitution.

Chandra v. Schulte

  • When does the spousal exception to the Nevada Real Estate Education, Research and Recovery Fund apply to permit a spouse to recover from the fund.

CABRERA (IVONNE) VS. STATE

  • Can duress be asserted to a crime that is not punishable by death, but requires proof of intent to commit a crime that is punishable by death.

BENKO VS. QUALITY LOAN SERV. CORP.

  • Do trustees who exercise the power of sale under a deed of trust pursuant to NRS Chapter 107 engage in collection activities under Chapter 649 such that they must be licensed under that chapter.

IN RE: APPLICATION OF FINLEY

  • Can a district court consider previously sealed criminal convictions when determining whether to grant a petition to seal other criminal records.

Visit the Nevada Appellate Report for more legal news.