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 200.380
Nevada Appellate Courts Advance Opinions for December 19, 2019
Nevada Appellate Courts Advance Opinions for December 19, 2019
- When is an evidentiary hearing warranted on a fair-cross-section challenge to a jury.
Vegas United Inv. Series 105 v. Celtic Bank
- Are mortgage savings clauses enforceable in nonresidential property owners’ associations.
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Nevada Appellate Courts Advance Opinions for September 13, 2018
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.
- 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.
- 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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Can a defendant be simultaneously convicted of robbery and kidnapping arising from a single course of events?
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.
Nevada Appellate Courts Advance Opinions for June 7, 2018
Nevada Appellate Courts Advance Opinions for June 7, 2018
- Was a criminal defendant’s request to represent himself properly denied as untimely when the request was made 24 days prior to the scheduled trial date.
- Did the State produce sufficient evidence to sustain convictions for robbery and kidnapping when both convictions stemmed from the defendant’s actions over the course of a single incident.
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Nevada Appellate Courts Advance Opinions for May 3, 2018
Nevada Appellate Courts Advance Opinions for May 3, 2018
DOLORES VS. STATE, DEP’T OF EMPLOYMENT SEC. DIV.
- Is submitting a resignation when faced with a resign-or-be-fired option a voluntary resignation under NRS 612.380, thereby disqualifying an individual from unemployment benefits.
LAS VEGAS DEV. GRP., LLC VS. BLAHA
- Do the time limitations in NRS 107.080(5)-(6) (2010) bar an action challenging an NRS Chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale.
COTTER, JR. VS. DIST. CT. (COTTER)
- Do documents disclosed to third parties constitute waiver of the work-product privilege.
MEI-GSR HOLDINGS, LLC VS. PEPPERMILL CASINOS, INC.
- Does NRS 600A.030, Nevada’s Uniform Trade Secrets Act (NTSA), preclude a defendant from demonstrating that certain information is readily ascertainable and not a trade secret even though the defendant acquired the information through improper means.
FITZGERALD VS. MOBILE BILLBOARDS, LLC
- Were allegedly defamatory statements made by an employer regarding an employee’s alleged abuse of the workers’ compensation program to obtain prescription pain medication, a violation of NRS 616D.300, absolutely privileged.
IN RE: MATTER OF E.R. C/W 73198
- Does a familial placement preference survive the termination of parental rights.
- Does NRS 200.604 prohibit a person from copying, without permission, a consensually recorded video depicting sexual acts.
- Did the district violate a defendant’s constitutional right to due process and his statutory right to cross-examine two examiners who had initially found him competent.
- Is striking a prospective juror based on sexual orientation permissible under the United States and Nevada Constitutions.
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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.