Tag: NRS 209.4465

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.

Nevada Appellate Courts Advance Opinions for July 3, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 3, 2019

AMAYA VS. GUERRERO RIVERA (CHILD CUSTODY)

  • Can a child custody order satisfy the dependency or custody prong for Special Immigrant Juvenile status (SIJ) predicate findings.
  • Does a showing that reunification with one parent is not viable satisfy the reunification prong for SIJ findings.

U.S. BANK NAT’L ASS’N ND VS. RESOURCES GRP., LLC

  • How should a foreclosing HOA determine the address to send a notice of default to a first deed of trust holder absent a formal request.

BOESIGER VS. DESERT APPRAISALS, LLC

  • Is expert witness testimony necessary to establish the professional standard of care governing real estate appraisals.

PEREZ (GERARDO) VS. WARDEN

  • What is the relevant sentencing statute for the purposes of applying statutory credits to the minimum term of an offender’s sentence.

SATICOY BAY LLC SER. 9050 W WARM SPRINGS 2079 VS. NEV. ASS’N SERV.’S

  • Does NRS116.31166 permit the use of funds provided for the foreclosure price held in trust to redeem a property.
  • Is substantial compliance sufficient for the purposes of NRS Chapter 116’s redemption statute’s notice requirement.

PARDEE HOMES OF NEVADA VS. WOLFRAM

  • Do attorney fees incurred by a plaintiff in bringing a two-party breach-of-contract claim against a defendant constitute special damages which would warrant an award of attorney fees.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for December 13, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 13, 2018

FLORES VS. LAS VEGAS-CLARK CTY. LIBRARY DIST.

  • Does Senate Bill 175, which declares that the regulation of firearms in Nevada is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void, preempt a library district from banning the possession of firearms on its premises.

CENTURY SURETY CO. VS. ANDREW (NRAP 5)

  • Is the liability of an insurer that has breached its duty to defend, but has not acted in bad faith, capped at the policy limit plus any costs incurred by the insured in mounting a defense, or is the insurer liable for all losses consequential to the insurer’s breach.

BRANHAM (WILLIAM) VS. WARDEN

  • Do the United States Supreme Court decisions in Welch v. United States, 578 U.S. ___, 136 S. Ct. 1257 (2016), and Montgomery v. Louisiana, 577 U.S ___, 36 S. Ct. 718 (2016), constitute good cause to overcome the procedural bars to a postconviction petition for a writ of habeas corpus in which the petitioner contends he is entitled to the retroactive application of a nonconstitutional substantive rule.

DOOLIN (GLENN) VS. STATE, DEPT. OF CORR.

  • Can an offender have statutory credit earned pursuant to NRS 209.4465 applied to the offender’s parole eligibility and minimum term of sentence imposed pursuant to NRS 207.010.

IN RE: EXECUTION SEARCH WARRANTS

  • Does NRS 18.010, which permits an award of attorney fees to a prevailing party in a civil action, permit a fee award against a police department ordered to return a large amount of cash and other property seized pursuant to a criminal search warrant.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for November 21, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 21, 2018

VICKERS (TRACEY) VS. DIRECTOR

  • Is an offender who is willing and able to work but who has not been assigned a job by the Nevada Department of Corrections (NDOC) entitled to labor credits pursuant to NRS 209.4465(2).
  • Does the change in the ability to apply credits to minimum sentences brought about by the 2007 amendments to NRS 209.4465 violate the Equal Protection Clauses of the United States and Nevada Constitutions.

STARR (BRANDON) VS. STATE

  • When is a criminal defendant entitled to an inverse flight instruction.

MCGOWEN VS. DIST. CT. (CRYSTAL)

  • Can a plaintiff’s attorney or the employee of a plaintiff’s attorney serve a summons and complaint on a defendant.

Visit the Nevada Appellate Report for more legal news.