Nevada Appellate Courts Advance Opinions for October 29, 2020

Nevada Appellate Courts Advance Opinions for October 29, 2020

MOORE (MAURICE) VS. STATE

  • Is the mistaken belief as to a victim’s age a defense to the crime of lewdness with a child under the age of 16.

WYNN VS. THE ASSOCIATED PRESS

  • What qualifies as an official action or proceeding warranting application of the fair report privilege to one who reports on it.

BYRNE VS. SUNRIDGE BUILDERS, INC.

  • Must a claimant have filed a construction defect lawsuit within the grace period, not merely served and NRS Chapter 40 Notice, to preserve his or her claim after the 6-year statute of repose has run.

JPMORGAN CHASE BANK, NAT’L ASS’N VS. SFR INV.’S POOL 1, LLC

  • What statute of limitations applies to an action brought to enforce the Federal Foreclosure Bar.

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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.

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Nevada Appellate Courts Advance Opinions for January 3, 2019

Nevada Appellate Courts Advance Opinions for January 3, 2019

COKER VS. SASSONE

  • What is the appropriate standard of review for a district court’s denial or grant of an anti-SLAPP motion to dismiss.
  • What conduct is a protected communication under Nevada’s anti-SLAPP statute.

FRANKS (KENNETH) VS. STATE

  • Does NRS 485.045 permit a district court to admit evidence of a separate sexual offense for purposes of proving propensity in a sexual offense prosecution.
  • Must a court hold a Petrocelli hearing in cases where the State seeks to present evidence of separate acts constituting sexual offenses for purposes of showing propensity in a current sexual offense prosecution.

Visit the Nevada Appellate Report for more legal news.