Tag: NRS 453.3385

Nevada Appellate Courts Advance Opinions for July 16, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 16, 2020

In re Hughes

  • Did a family court judge violate the Nevada Code of Judicial Conduct.
  • What is the appropriate sanction for violation of the Code of Judicial Conduct where the violation is not knowing or deliberate and aggravating factors are not present.

Figueroa-Beltran v. United States

  • Is the identity of a substance an element of the crime articulated in NRS 453.333.

Lofthouse v. State

  • Is sexual conduct between certain school employees or volunteers and students who are old enough to consent to sexual conduct an unlawful act perpetrated upon the person of a minor such that it is a predicate offense for first-degree kidnapping.

Pundyk v. State

  • Is psychiatric expert witness testimony regarding a defendant’s mental state admissible for purposes of establishing that the defendant meets the not-guilty-by-reason-of-insanity standard under NRS 174.035(6).

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for March 1, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 1, 2018

STATE, DEP’T. OF BUS. AND INDUS., FIN. INST. DIV. VS. DOLLAR LOAN CTR., LLC

  • Can a payday loan licensee sue to collect on the recovery of a loan made for the purpose of refinancing prior loans under NRS 604A.480(2).

ZENOR VS. STATE, DEP’T OF TRANSP.

  • Are attorney fees prohibited under NRS 18.010(2)(b) in petitions for judicial review of an agency determination.

STATE VS. DIST. CT. (BAKER (JEFFREY))

  • Did a defendant have “an adequate opportunity” to cross-examine a witness when, immediately after the State’s direct examination at the preliminary hearing, the defendant waived his right to continue the preliminary hearing.

ANDREWS (RYAN) VS. STATE

  • Does the simultaneous possession of different schedule I controlled substances constitute separate offenses under NRS 453.3385 or must the weight of the controlled substances be aggregated to form a single offense.

PAWLIK VS. DENG

  • Does NRS 271.595, a statute governing redemption of property sold for default on city tax assessments, create two consecutive redemption periods.

K-KEL, INC. VS. STATE, DEP’T OF TAXATION

  • Did the court lack jurisdiction to consider petitions for judicial review of the Nevada Tax Commission regarding a tax refund request because they were untimely.

DEZZANI VS. KERN & ASSOC.’S, LTD. C/W 69410

  • Can an attorney be held liable for a claim under NRS 116.31183 as an agent of a common-interest community homeowners’ association.
  • Can attorneys litigating pro se and/or on behalf of their law firms recover attorney fees and costs.

JEREMIAS (RALPH) VS. STATE (DEATH PENALTY-DIRECT)

  • Did the district court violate the defendant’s right to a public trial by closing the courtroom to members of the public during jury selection without making sufficient findings to warrant the closure.

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.