Tag: NRS 48.035

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 July 25, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 25, 2019

Daisy Trust v. Wells Fargo Bank

  • Do Nevada’s recording statutes require Freddie Mac to publicly record a deed of trust to establish its interest in a loan.
  • Must Freddie Mac’s loan servicer produce the actual loan servicing agreement with Freddie Mac or the original promissory note to establish its interest in the loan.

Menendez-Cordero v. State

  • What measures should a district court employ when empaneling an anonymous jury.
  • Must a district court instruct a jury on the effect of a deadly weapon enhancement at the penalty phase of a trial.

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Nevada Appellate Courts Advance Opinions for December 27, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 27, 2018

GONOR VS. DALE

  • Does a deceased party’s actual date of death, or the suggestion of death filed on the record, trigger the 90-day time limitation prescribed in NRCP 25(a)(1) under which a motion to substitute the proper party in place of the deceased party must be filed in order to preclude dismissal.

CAPANNA, M.D. VS. ORTH C/W 70227

  • What constitutes improper jury nullification and golden rule arguments during closing argument.

HARRIS (AMMAR) VS. STATE (DEATH PENALTY-DIRECT)

  • When can gruesome photographs of a victim’s injuries be properly admitted in a criminal case.

BRANCH BANKING & TR. CO. VS. GERRARD, ESQ.

  • When does a litigation malpractice claim accrue.

IN RE: ESTATE OF SARGE

  • Is an order finally resolving a constituent consolidated case immediately appealable as a final judgment even where the other constituent case or cases remain pending.

COOPER (JAMES) VS. STATE

  • What evidence satisfies the prima facie showing of race-based discrimination to determine whether a peremptory challenge is improperly based on race.

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Nevada Appellate Courts Advance Opinions for October 25, 2018

Posted on by Jeff Jaeger

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 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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Nevada Appellate Courts Advance Opinions for December 26, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 26, 2017

ARCELLA VS. ARCELLA (CHILD CUSTODY)

  • What weight should a court afford to one parent’s objection to a child receiving a religious education.

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).

FRANCHISE TAX BD. VS. HYATT

  • Does the exception to immunity for intentional torts and bad-faith conduct survive the Supreme Court of Nevada’s adoption of the federal discretionary-function immunity test.
  • Is the Franchise Tax Board of the State of California (FTB) entitled to the $50,000 statutory cap on damages a similarly situated Nevada agency would be entitled to in similar circumstances.
  • Is it reasonable to provide FTB with the same protection of California law, to the extent that it does not conflict with Nevada law, to grant FTB immunity from punitive damages.

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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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