Tag: NRS 34

Nevada Appellate Courts Advance Opinions for October 1, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 1, 2020

COTTER, JR. VS. KANE

  • Can a corporate nominal defendant in a derivative action challenge or defend the underlying merits of that action.
  • What must a court consider when determining whether a shareholder plaintiff adequately represents shareholders and thus has standing to bring a derivative action.

 TURNER (STEVEN) VS. STATE 

  • Does a defendant waive or forfeit a Bruton argument where the defendant moves to sever the trial on Bruton grounds but thereafter cooperates to redact the statements and neither objects to the statements at trial nor renews the Bruton argument before the admission of the statements to the jury.

 HARVEY (ALFRED) VS. STATE

  • Does NRS 175.101 preclude a judge other than the trial judge from deciding post-trial motions where there is no evidence that the trial judge is absent, deceased, sick, or disabled.

GONZALES (MELVIN) VS. STATE

  • What types of ineffective-assistance claims are permitted by NRS 34.810(1)(a).

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for November 16, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 16, 2017

IN RE: DISCIPLINE OF CHRISTOPHER READE

  • Does SCR 102 provide for the imposition of a fine when the State Bar Disciplinary Board recommends that an attorney be suspended or disbarred.

FARMER (STEVEN) VS. STATE

  • When can offenses be joined as being committed as parts of a common plan or scheme pursuant to NRS 173.115(2).

HARRIS V. STATE

  • Can counsel’s affirmative misrepresentation regarding filing a postconviction petition and subsequent abandonment of the petitioner be an impediment external to the defense to satisfy cause for the delay under NRS 34.726(1)(a) for filing an untimely petition.

KNICKMEYER V. STATE OF NEVADA

  • Do the provisions of NRS Chapter 289, which are intended to provide job-related protections to peace officers employed by law enforcement agencies, apply to bailiffs and marshals employed by the Eighth Judicial District Court.

SIERRA PACK’G V. CHIEF AD. OFF’R OF NOSHA

  • What standard must the Nevada Occupational Safety and Health Administration utilize to establish employee exposure to hazard.

CITY OF LAS VEGAS VS. DIST. CT. (KAMIDE (STEVEN))

  • Does NRS 50.155(1) impose a duty to limit out-of-court communications between witnesses about their testimony when the witness exclusion rule has been invoked.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for October 5, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 5, 2017

MENDENHALL VS. TASSINARI

  • 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.

FREDIANELLI VS. MARTINEZ

  • 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.

Visit the Nevada Appellate Report for more legal news.