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.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for September 5, 2019

Nevada Appellate Courts Advance Opinions for September 5, 2019

Spar Bus. Servs., Inc. v. Olson

  • Is the untimely service of a timely filed petition for judicial review of an administrative decision a jurisdictional defect mandating dismissal.

Poole v. Nev. Auto Dealership Invs.

  • What is the meaning of “knowingly” and “material fact” under the Nevada Deceptive Trade Practices Act (NDTPA).

MMAWC, LLC v. Zion Wood Obi Wan Tr.

  • Does the Federal Arbitration Act (FAA) preempt NRS 597.995, which requires agreements that include an arbitration provision to also include a specific authorization for the arbitration provision showing that the parties affirmatively agreed to that provision.

Anderson v. State

  • What is the State’s burden of proof when invoking the forfeiture-by-wrongdoing exception to the Confrontation Clause.

Azucena v. State

  • What is the standard of review for preserved claims of judicial misconduct during voir dire.

DeMaranville v. Cannon Cochran Mgmt.

  • Did substantial evidence support an appeal officers finding that a retired city police officer’s death was caused by heart disease and was compensable as an occupational disease under NRS 617.457.

Visit the Nevada Appellate Report for more legal news.