Tag: NRS 205.060

Nevada Appellate Courts Advance Opinions for August 2, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 2, 2018

COLES (BRENT) VS. BISBEE

  • Does the Parole Board’s use of the Static-99R recidivism risk assessment comply with the relevant statutory provisions governing parole review for prisoners convicted of sexual offenses.

SHORES VS. GLOBAL EXPERIENCE SPECIALISTS, INC.

  • Must a noncompete agreement that imposes a nationwide restriction be limited to the geographical areas in which an employer has particular business interests.

N. NEVADA HOMES, LLC VS. GL CONSTR., INC.

  • What is the proper method of determining the prevailing party when faced with both a settlement and a damages recovery.

IN RE: PARENTAL RIGHTS AS TO S.L., N.R.B., H.R.B., W.C.B. C/W 71889

  • Does the termination of parental rights bases on the parents’ refusal to admit to abuse violate their Fifth Amendment rights.

SFR INVESTMENTS POOL 1, LLC VS. BANK OF NEW YORK MELLON (NRAP 5)

  • Does NRS 116.31168(1)’s incorporation of NRS 107.090 require a homeowner’s association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on October 1, 2015.

GRANADA-RUIZ (GAMBINO) VS. DIST. CT. (STATE)

  • When does double jeopardy prohibit a retrial.

CLARK CTY. VS. HQ METRO, LLC

  • Does an order for immediate occupancy permitting a party to occupy a permanent easement vest a right to compensation.

NEVADA RECYCLING AND SALVAGE, LTD VS. RENO DISPOSAL CO., INC.

  • Were the appellants injured in their business and therefore have standing to assert their claim under the Nevada Unfair Trade Practice Act (UTPA).

HUBBARD (CORY) VS. STATE

  • Must the defense place intent or absence of mistake at issue before the State can seek admission of prior act evidence.

RIPPO (MICHAEL) VS. STATE (DEATH PENALTY-PC)

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Nevada Appellate Courts Advance Opinions for June 7, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for June 7, 2018

GUERRINA (ROBERT) VS. STATE

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What is a “deadly weapon” within the context of battery?

Posted on by Jeff Jaeger

hand holding a screwdriver

Rodriguez (Daniel) vs. State (Nev. Supreme Ct. – Dec. 28, 2017)

At issue in this appeal was the definition of “deadly weapon” within the context of battery. Rodriguez contended the jury instruction that led to his conviction for battery with the use of a deadly weapon was erroneous because the object he used to stab his victim – a screwdriver – was not designed to be inherently dangerous.

Rodriguez used a screwdriver to stab a 66-year-old man in the neck. The screwdriver was four to six inches long. It broke through the victim’s skin, causing bleeding and one night of hospitalization. The State charged Rodriguez with battery with the use of a deadly weapon, causing substantial bodily harm, against a person at least sixty years of age.

Prior to trial, Rodriguez repeatedly contested the deadly weapon allegation, arguing that a screwdriver could not meet the narrow definition of deadly weapon he claimed applied to 200.481(2)(e), which governs the crime of battery with the use of a deadly weapon. The district court rejected Rodriguez’s motions to dismiss the deadly weapon allegation.

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Nevada Appellate Courts Advance Opinions for December 28, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 28, 2017

MCCROSKY VS. CARSON TAHOE REG’L MED. CTR.

  • Under what circumstances can a hospital be vicariously liable for the alleged negligence of a doctor who works at the hospital as an independent contractor.
  • Can evidence of Medicaid payments made on behalf of a plaintiff be introduced in a medical malpractice action.

BOCA PARK MARKETPLACE SYNDICATIONS GRP., LLC VS. HIGCO, INC.

  • Does the doctrine of claim preclusion prevent a tenant from suing its landlord for contract damages after having won an earlier suit against the landlord for declaratory judgment, where both suits concern the same underlying facts.

BROWN (WILLIS) VS. DIST. CT. (STATE)

  • What is the standard for determining indigency for the appointment of counsel for purposes of Widdis.
  • Must an indigent defendant request a sum certain before a motion for defense services at public expense can be considered or granted

SEGOVIA, PA-C VS. DIST. CT. (DUDA)

  • Do the 2015 Legislature amendments, adding physician assistants to NRS 41A.017, apply retroactively so as to cap their damages in medical malpractice actions.

EUREKA CTY. VS. DIST. CT. (SADLER RANCH, LLC)

  • Are junior water rights holders entitled to notice of and an opportunity to participate in a district court’s consideration of a curtailment request.

RODRIGUEZ (DANIEL) VS. STATE

  • What is the definition of “deadly weapon” within the context of battery.

HAWKINS VS. DIST. CT. (GGP MEADOWS MALL)

  • What should a district court  consider when awarding attorney fees sought for work done by a disqualified firm.

PECK VS. VALLEY HOSP. MED. CTR.

  • Does either statutory res ipsa loquitur or the common knowledge res ipsa loquitur doctrine provide an exception to the expert affidavit requirement for a medical malpractice complaint.
  • Is NRS 41A.071 unconstitutional under the Equal Protection Clause or Due Process Clause, facially, or as applied to inmates or indigent persons.

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What acts constitute an entry into a building for purposes of a burglary statute?

Posted on by Jeff Jaeger

Merlino v. State (Nev. Ct. App. – Sep. 10, 2015)

Under Nevada law, a person commits the crime of burglary when he or she enters a building with the intent to commit a predicate crime inside the building. The issue is whether NRS 193.0145, NRS 205.060(1), and NRS 205.060(5), which define the acts that can constitute an entry into a building for purposes of the burglary statute, encompass selling stolen property through the retractable sliding tray of a pawn shop’s drive-through window.

Merlino and her boyfriend, Byrd, befriended neighbor Wilson and would occasionally visit her in her apartment. During their visits, Merlino would sometimes bring Wilson food, clean her apartment, and run errands for her. Wilson eventually noticed that some jewelry was missing from her apartment and reported the theft, informing detectives with the Las Vegas Metropolitan Police Department that Merlino and Byrd might be responsible for the missing items. During their investigation, the detectives learned that Merlin had pawned items matching the descriptions of Wilson’s missing jewelry. Wilson identified the pawned items as belonging to her and indicated that Merlino did not have permission to possess those items. Merlino was subsequently charged by way of indictment with conspiracy to commit a crime, grand larceny, and three counts of burglary. She was convicted on all counts but on appeal challenged only her conviction on count five, one of the three counts of burglary.

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