Tag: NRS 48.025

Nevada Appellate Courts Advance Opinions for December 10, 2020

Posted on by Jeff Jaeger

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 November 7, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 7, 2019

Gathrite v. Eighth Jud. Dist. Ct.

  • Can evidence that has been suppressed in justice court proceedings on a felony complaint be presented to the grand jury in support of an indictment.

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Can a grand jury consider suppressed evidence?

Posted on by Jeff Jaeger

Picture of evidence envelope

Gathrite v. Eighth Jud. Dist. Ct. (Nev. Supreme Ct. – Nov. 7, 2019)

At issue is whether evidence that has been suppressed in justice court proceedings on a felony complaint can be presented to the grand jury in support of an indictment.

Stemming from Gathrite’s alleged involvement in a deadly shooting, the State filed a criminal complaint in the justice court charging Gathrite with murder with use of a deadly weapon and possession of a firearm by a prohibited person. Before the preliminary hearing, Gathrite moved to suppress his statements to the police and the gun discovered as a result of his statements, alleging that the police had violated Miranda v. Arizona, 384 U.S. 436 (1966), and his Fifth Amendment privilege against self-incrimination. The justice court granted the motion and ordered the statements and the gun suppressed. The State did not ask the justice court to reconsider its decision or appeal the justice court’s decision to the district court. Instead, the State voluntarily dismissed the criminal complaint without prejudice and went to the grand jury solely on a charge of possession of a firearm by a prohibited person, presenting the evidence that the justice court had suppressed. The grand jury indicted Gathrite on one count of possession of a firearm by a prohibited person.

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Nevada Appellate Courts Advance Opinions for May 3, 2018

Posted on by Jeff Jaeger

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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Is illegally obtained evidence admissible in a custody proceeding?

Posted on by Jeff Jaeger

Vintage photograph of women with headset listening to a recording

Abid vs. Abid (Child Custody) (Nev. Supreme Ct. – Dec. 7, 2017)

In this child custody proceeding, a father surreptitiously recorded his child and ex-wife’s conversations by hiding a recording device in the child’s backpack. Because neither the child nor the mother consented to this recording, the father’s actions likely violated NRS 200.650, which prohibits the surreptitious recording of nonconsenting individuals’ private conversations. The question presented is whether the district court abused its discretion by providing the recordings to a psychologist appointed by the court to evaluate the child’s welfare.

Sean and Lyudmyla Abid divorced in 2010. Their stipulated divorce decree awarded them joint legal and joint physical custody of their one-year old child. In 2015, Sean moved to modify those terms to get primary physical custody.

On at least two separate occasions, Sean placed a recording device in the child’s backpack as the child traveled to Lyudmyla’s home. The child and Lyudmyla were unaware of the device, and neither consented to Sean recording their conversations. Sean then edited the recordings, removed what he claimed to be irrelevant material, and destroyed the originals. Claiming that the recordings demonstrated Lyudmyla’s attempts to manipulate the child, Sean moved to admit them into evidence in the custody proceeding. Lyudmyla objected on grounds that Sean violated NRS 200.650 in recording her and the child’s private conversations.

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Nevada Appellate Courts Advance Opinions for December 7, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 7, 2017

MULLNER (TROY) VS. STATE

  • Can a court consider felony convictions originating from juvenile offenses in habitual criminal sentencing.

IN RE: PARENTAL RIGHTS AS TO T.L.

  • When does a parent lack standing to challenge a court’s placement decision following the termination of his or her parental rights.

AGWARA VS. STATE BAR OF NEVADA

  • Can an attorney assert his Fifth Amendment right against self-incrimination to quash subpoenas issued by the State Bar that seek production of client accounting records and tax records.

NEVILLE, JR. VS. DIST. CT. (TERRIBLE HERBST, INC.)

  • Does NRS Chapter 608 provide a private right of action for unpaid wages.

ABID VS. ABID (CHILD CUSTODY)

  • Is illegally obtained evidence admissible in a child custody proceeding.

DOE VS. STATE, LEGISLATURE OF THE 77TH SESSION

  • Does Nevada’s medical marijuana registry violate the Due Process, Equal Protection, or Self-Incrimination Clauses of the United States or Nevada Constitutions.

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