Tag: NRS 193.330

Nevada Appellate Courts Advance Opinions for December 26, 2019

Posted on by Jeff Jaeger

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.

Does witness testimony at trial via two-way audiovisual violate a defendant’s right to confrontation?

Posted on by Jeff Jaeger

Picture of a person wiith a TV head

Lipsitz (Ryan) vs. State (Nev. Supreme Ct. – June 6, 2019)

Lipsitz was convicted of seven sexually related counts, including sexual assault and attempted sexual assault. He argued that the district court erred when it allowed the victim to testify by two-way audiovisual transmission, which violated his rights under the Confrontation Clause of the Sixth Amendment.

Lipsitz trespassed into a residential treatment facility, where he sexually assaulted the victim, an 18-year-old patient seeking treatment for substance abuse and trauma related to her experience as a victim of sex trafficking. On the morning in question, the victim fell asleep while reading in the recreation room around 4 a.m. Approximately one hour later, the victim awoke to find Lipsitz, whom she had never seen before, standing at the end of the couch. Lipsitz exposed himself and forced the victim to have sex with him. Lipsitz then attempted to force the victim to perform fellatio on him. When he failed, he became upset, mumbled something under his breath, and walked away. Another patient and several staff members at the treatment center saw Lipsitz exiting the treatment center through the front gate. He was nearby the center when police officers found him.

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Nevada Appellate Courts Advance Opinions for June 6, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for June 6, 2019

ROSE, LLC VS. TREASURE ISLAND, LLC

  • When a written lease is otherwise silent, is the allegedly defaulting party entitled to “strict” or merely “substantial” compliance with the notice requirements set forth in the lease for declaring the party in default.

THE ORIGINAL ROOFING CO., LLC VS. CHIEF ADMIN. OFFICER OF THE OCCUPATIONAL SAFETY AND HEALTH ADMIN.

  • How must an employer’s knowledge of violative conduct of safety laws by a supervisor be established.

LIPSITZ (RYAN) VS. STATE

  • Does a witness’s testimony at trial via two-way audiovisual transmission violate a defendant’s right to confrontation.
  • Can a defendant be convicted of both sexual assault and attempted sexual assault based on the same conduct.

Visit the Nevada Appellate Report for more legal news.