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.
- 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.