Nevada Appellate Courts Advance Opinions for July 16, 2020

Posted on July 19, 2020 by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 16, 2020

In re Hughes

Did a family court judge violate the Nevada Code of Judicial Conduct.
What is the appropriate sanction for violation of the Code of Judicial Conduct where the violation is not knowing or deliberate and aggravating factors are not present.

Figueroa-Beltran v. United States

Is the identity of a substance an element of the crime articulated in NRS 453.333.

Lofthouse v. State

Is sexual conduct between certain school employees or volunteers and students who are old enough to consent to sexual conduct an unlawful act perpetrated upon the person of a minor such that it is a predicate offense for first-degree kidnapping.

Pundyk v. State

Is psychiatric expert witness testimony regarding a defendant’s mental state admissible for purposes of establishing that the defendant meets the not-guilty-by-reason-of-insanity standard under NRS 174.035(6).

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Can a defendant be simultaneously convicted of robbery and kidnapping arising from a single course of events?

Posted on June 16, 2018December 15, 2018 by Jeff Jaeger

Guerrina (Robert) vs. State (Nev. Supreme Ct. – June 7, 2018)

The issue is whether the State produced sufficient evidence to sustain convictions for robbery and kidnapping when both convictions stem from a defendant’s actions over the course of a single incident.

Cuevas worked at FastBucks, a payday loan store in Henderson, Nevada. Each morning, she retrieved money from the store and deposited it in the bank before the store opened at 10 a.m. On most mornings, that money consisted of the business’s proceeds from the previous day only, but on Mondays it included proceeds from both Friday and Saturday.

One Monday morning, as Cuevas was walking toward the store, a man wearing a hat and sunglasses approached her. He carried a plastic bag and an object that Cuevas believed to be a knife. The man ordered Cuevas to unlock the FastBucks door and accompany him inside.

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