Tag: NRS 193.130

Nevada Appellate Courts Advance Opinions for November 21, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 21, 2018

VICKERS (TRACEY) VS. DIRECTOR

  • Is an offender who is willing and able to work but who has not been assigned a job by the Nevada Department of Corrections (NDOC) entitled to labor credits pursuant to NRS 209.4465(2).
  • Does the change in the ability to apply credits to minimum sentences brought about by the 2007 amendments to NRS 209.4465 violate the Equal Protection Clauses of the United States and Nevada Constitutions.

STARR (BRANDON) VS. STATE

  • When is a criminal defendant entitled to an inverse flight instruction.

MCGOWEN VS. DIST. CT. (CRYSTAL)

  • Can a plaintiff’s attorney or the employee of a plaintiff’s attorney serve a summons and complaint on a defendant.

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Nevada Appellate Courts Advance Opinions for September 13, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 13, 2018

WELLS FARGO BANK, N.A. VS. RADECKI

  • Is a regularly conducted, non-collusive NRS Chapter 116 foreclosure sale exempt from the Uniform Fraudulent Transfer Act (UFTA) pursuant to NRS 112.170(2).
  • Does an alleged inaccuracy in a foreclosure deed invalidate an otherwise valid foreclosure sale.

IN RE: CONNELL LIVING TRUST

  • Does a trust beneficiary forfeit interest in the trust’s assets pursuant to a no-contest clause penalty by breaching her fiduciary duties while acting in her dual capacity as trustee.

BANK OF AMERICA, N.A. VS. SFR INV.’S POOL 1, LLC

  • Does a first deed of trust holder’s unconditional tender of a superpriority amount due result in the buyer at foreclosure taking the property subject to the deed of trust.

BAIGUEN VS. HARRAH’S LAS VEGAS, LLC

  • When does an injury arising from an employer’s failure to provide medical assistance to an employee arise out of and in the course of the employment.

IBARRA (GABRIEL) VS. STATE

  • Does a person who asks to borrow another person’s property temporarily while intending to steal it permanently, take the property without the other person’s consent for purposes of NRS 205.270(1) (larceny from a person).

ROSENBERG LIVING TRUST VS. MACDONALD HIGHLANDS REALTY, LLC C/W 70478

  • Does Nevada recognize implied restrictive covenants based on a common development scheme.

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Nevada Appellate Courts Advance Opinions for July 19, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 19, 2018

LABARBERA VS. WYNN LAS VEGAS, LLC

  • Did the district court abuse its discretion under the Nevada Supreme Court Rule Part IX-B(B) when its written order summarily denied a civil defendant’s request to testify at trial using audiovisual equipment.
  • What standard must a court use to determine the admissibility of intoxication as a defense to a contract claim.

STATE VS. DIST. CT. (KEPHART (JOHN))

  • What determines felony enhancement for domestic battery under NRS 200.485.

GLOVER-ARMONT V. CARGILE

  • Does the discretionary-act immunity doctrine apply to an action arising from a vehicular accident involving a police officer responding to an emergency.

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Nevada Appellate Courts Advance Opinions for October 5, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 5, 2017

MENDENHALL VS. TASSINARI

  • 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.

FREDIANELLI VS. MARTINEZ

  • 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.

Visit the Nevada Appellate Report for more legal news.