Nevada Appellate Courts Advance Opinions for December 10, 2020

Nevada Appellate Courts Advance Opinions for December 10, 2020

BANKA (JACK) VS. STATE

  • Must a defendant be informed of the existence of a mandatory minimum fine in order to make a knowing, voluntary decision to enter a plea.

WALKER VS. DIST. CT. (MICHAELS)

  • What does the appellate court consider when deciding whether to review a discretionary order or judgment of the court below.

LATHIGEE VS. BRITISH COLUMBIA SEC. COMM’N

  • Did the district court properly recognize and enforce in Nevada a disgorgement portion of a securities fraud judgment from British Columbia.

RANDOLPH (THOMAS) VS. STATE (DEATH PENALTY-DIRECT)

  • Did the district court abuse its discretion in admitting prior bad act evidence.

KAUR VS. SINGH

  • What should a district court consider before considering whether a party sufficiently raised a defense to the application of the doctrine of judicial estoppel.

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Nevada Appellate Courts Advance Opinions for June 4, 2020

Nevada Appellate Courts Advance Opinions for June 4, 2020

Belcher v. State

  • What factors are considered to help determine whether the Nevada Supreme Court should consider an error’s harmlessness when the State has not argued harmlessness in a death penalty case.

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Nevada Appellate Courts Advance Opinions for January 3, 2019

Nevada Appellate Courts Advance Opinions for January 3, 2019

COKER VS. SASSONE

  • What is the appropriate standard of review for a district court’s denial or grant of an anti-SLAPP motion to dismiss.
  • What conduct is a protected communication under Nevada’s anti-SLAPP statute.

FRANKS (KENNETH) VS. STATE

  • Does NRS 485.045 permit a district court to admit evidence of a separate sexual offense for purposes of proving propensity in a sexual offense prosecution.
  • Must a court hold a Petrocelli hearing in cases where the State seeks to present evidence of separate acts constituting sexual offenses for purposes of showing propensity in a current sexual offense prosecution.

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Nevada Appellate Courts Advance Opinions for October 25, 2018

Nevada Appellate Courts Advance Opinions for October 25, 2018

CLARK CTY. SCHOOL DIST. VS. LAS VEGAS REVIEW-JOURNAL

  • How should a court determine if a government entity should redact information in a public records request.

WILLIAMS (GREGORY) VS. STATE

  • Did the district court err in denying a defendant’s Batson challenge to the State’s use of a peremptory strike to remove an African-American woman from the venire.
  • What is the procedure for admitting or excluding evidence to show that a young victim had the knowledge to contrive sexual allegations.

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Nevada Appellate Courts Advance Opinions for August 2, 2018

Nevada Appellate Courts Advance Opinions for August 2, 2018

COLES (BRENT) VS. BISBEE

  • Does the Parole Board’s use of the Static-99R recidivism risk assessment comply with the relevant statutory provisions governing parole review for prisoners convicted of sexual offenses.

SHORES VS. GLOBAL EXPERIENCE SPECIALISTS, INC.

  • Must a noncompete agreement that imposes a nationwide restriction be limited to the geographical areas in which an employer has particular business interests.

N. NEVADA HOMES, LLC VS. GL CONSTR., INC.

  • What is the proper method of determining the prevailing party when faced with both a settlement and a damages recovery.

IN RE: PARENTAL RIGHTS AS TO S.L., N.R.B., H.R.B., W.C.B. C/W 71889

  • Does the termination of parental rights bases on the parents’ refusal to admit to abuse violate their Fifth Amendment rights.

SFR INVESTMENTS POOL 1, LLC VS. BANK OF NEW YORK MELLON (NRAP 5)

  • Does NRS 116.31168(1)’s incorporation of NRS 107.090 require a homeowner’s association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on October 1, 2015.

GRANADA-RUIZ (GAMBINO) VS. DIST. CT. (STATE)

  • When does double jeopardy prohibit a retrial.

CLARK CTY. VS. HQ METRO, LLC

  • Does an order for immediate occupancy permitting a party to occupy a permanent easement vest a right to compensation.

NEVADA RECYCLING AND SALVAGE, LTD VS. RENO DISPOSAL CO., INC.

  • Were the appellants injured in their business and therefore have standing to assert their claim under the Nevada Unfair Trade Practice Act (UTPA).

HUBBARD (CORY) VS. STATE

  • Must the defense place intent or absence of mistake at issue before the State can seek admission of prior act evidence.

RIPPO (MICHAEL) VS. STATE (DEATH PENALTY-PC)

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Nevada Appellate Courts Advance Opinions for May 3, 2018

Nevada Appellate Courts Advance Opinions for May 3, 2018

DOLORES VS. STATE, DEP’T OF EMPLOYMENT SEC. DIV.

  • Is submitting a resignation when faced with a resign-or-be-fired option a voluntary resignation under NRS 612.380, thereby disqualifying an individual from unemployment benefits.

LAS VEGAS DEV. GRP., LLC VS. BLAHA

  • Do the time limitations in NRS 107.080(5)-(6) (2010) bar an action challenging an NRS Chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale.

COTTER, JR. VS. DIST. CT. (COTTER)

  • Do documents disclosed to third parties constitute waiver of the work-product privilege.

MEI-GSR HOLDINGS, LLC VS. PEPPERMILL CASINOS, INC.

  • Does NRS 600A.030, Nevada’s Uniform Trade Secrets Act (NTSA), preclude a defendant from demonstrating that certain information is readily ascertainable and not a trade secret even though the defendant acquired the information through improper means.

FITZGERALD VS. MOBILE BILLBOARDS, LLC

  • Were allegedly defamatory statements made by an employer regarding an employee’s alleged abuse of the workers’ compensation program to obtain prescription pain medication, a violation of NRS 616D.300, absolutely privileged.

IN RE: MATTER OF E.R. C/W 73198

  • Does a familial placement preference survive the termination of parental rights.

COLEMAN (SOLOMON) VS. STATE

  • Does NRS 200.604 prohibit a person from copying, without permission, a consensually recorded video depicting sexual acts.

MORGAN (JOHN) VS. STATE

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