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Summary Of Santana V. State, 122 Nev. Adv. Op. No. 121, Robert Stephens Dec 2006

Summary Of Santana V. State, 122 Nev. Adv. Op. No. 121, Robert Stephens

Nevada Supreme Court Summaries

Appeal from a conviction in the Eighth Judicial District Court of 19 counts of coercion resulting in five consecutive life sentences without the possibility of parole and fourteen concurrently running life sentences. Appellant argues that the jury instructions did not instruct the jury to apply the reasonable person test and therefore seeks a new trial.


Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux Dec 2006

Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order granting a petition for judicial review and reversing a decision of the Nevada State Board of Equalization that affirmed property tax assessments in Washoe County.


Summary Of Flamingo Hilton V. Gilbert, 122 Nev. Adv. Op. No. 108, Aubree Nielsen Dec 2006

Summary Of Flamingo Hilton V. Gilbert, 122 Nev. Adv. Op. No. 108, Aubree Nielsen

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for judicial review in a workers’ compensation matter.


Summary Of Johnson V. State, Nev. Adv. Op. No. 113, Jason Ray Dec 2006

Summary Of Johnson V. State, Nev. Adv. Op. No. 113, Jason Ray

Nevada Supreme Court Summaries

Appeal from a death sentence and conviction by jury of four counts of first degree murder with the use of a deadly weapon, among other crimes, after a death sentence entered by a three judge panel was appealed and vacated.


Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux Dec 2006

Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order granting a petition for judicial review and reversing a decision of the Nevada State Board of Equalization that affirmed property tax assessments in Washoe County.


Summary Of Thomas V. State, 122 Nev. Adv. Op. 114, 148 P.3d 727, James Robertson Dec 2006

Summary Of Thomas V. State, 122 Nev. Adv. Op. 114, 148 P.3d 727, James Robertson

Nevada Supreme Court Summaries

Appeal from a death sentence following a second penalty hearing conducted pursuant to a remand by the Nevada Supreme Court.


Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen Dec 2006

Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen

Nevada Supreme Court Summaries

An appeal involving an issue of first impression – whether a plaintiff in a medical malpractice action may amend her complaint, under NRCP 15(a), to comply with NRS 41A.071, which requires that complaints for medical malpractice be accompanied by a medical expert affidavit.


Summary Of Matter Of Petition Of Phillip A. C., 122 Nev. Adv. Op. No. 109, Erin Phillips Dec 2006

Summary Of Matter Of Petition Of Phillip A. C., 122 Nev. Adv. Op. No. 109, Erin Phillips

Nevada Supreme Court Summaries

Appeal from a district court order vacating the adoption of a minor child.


Summary Of Linthicum V. Rudi, 122 Nev. Adv. Op. No. 120, Robert Stephens Dec 2006

Summary Of Linthicum V. Rudi, 122 Nev. Adv. Op. No. 120, Robert Stephens

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, Washoe County, dismissing plaintiffs’ action regarding an amendment to a revocable inter vivos trust. Moreover, plaintiffs appeal the Second Judicial District Court’s denial of their motion to be appointed as guardians ad litem and the award of attorney fees to the defendant.


Summary Of In Re Christensen, 122 Nev. Adv. Op. No. 111, Erin Phillips Dec 2006

Summary Of In Re Christensen, 122 Nev. Adv. Op. No. 111, Erin Phillips

Nevada Supreme Court Summaries

Pursuant to NRAP 5, the United States Bankruptcy Court for the District of Nevada certified five questions to the Nevada Supreme Court concerning the interpretation of NRS 21.090(1)(g), which provides for the exemption of a certain percentage of a debtor’s disposable earnings.


Summary Of Matter Of Parental Rights As To A.J.G., 122 Nev. Adv. Op. No. 117, Jenny Routheaux Dec 2006

Summary Of Matter Of Parental Rights As To A.J.G., 122 Nev. Adv. Op. No. 117, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order terminating parental rights.


Summary Of Skender V. Brunsonbuilt Constr. & Dev. Co., 122 Nev. Adv. Op. No. 11, Chris Stein Dec 2006

Summary Of Skender V. Brunsonbuilt Constr. & Dev. Co., 122 Nev. Adv. Op. No. 11, Chris Stein

Nevada Supreme Court Summaries

Appeal from a district court judgment entered on a jury verdict in a constructional defect case and an order awarding interest, costs, and attorney fees.


Summary Of Summers V. State, Nev. Adv. Op. No. 112, Jason Ray Dec 2006

Summary Of Summers V. State, Nev. Adv. Op. No. 112, Jason Ray

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, entered after jury verdict, for first-degree murder with the use of a deadly weapon, and assault with the use of a deadly weapon, attempted murder with the use of a deadly weapon, and assault with the use of a deadly weapon, and from sentences of life in prison without the possibility of parole.


Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore Dec 2006

Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore

Nevada Supreme Court Summaries

The district court judge disqualified petitioner’s counsel because petitioner’s counsel was on the judge’s recusal list. Petitioner filed a writ of mandamus to prevent the district court judge’s disqualification of her attorney from representing her at trial.


Summary Of Rosas V. State, Nev. Adv. Op. No. 106, Sherry Moore Dec 2006

Summary Of Rosas V. State, Nev. Adv. Op. No. 106, Sherry Moore

Nevada Supreme Court Summaries

The district court convicted Appellant of committing battery upon an officer and rejected Appellant’s proffered jury instruction on the crime resisting a public officer, a lesser-included offense of battery upon an officer.s


Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen Dec 2006

Summary Of Mitchell V. State, 122 Nev. Adv. Op. No. 107, Aubree Nielsen

Nevada Supreme Court Summaries

Appeal from the denial of a post-conviction petition for a writ of habeas corpus in a criminal case.


Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay Dec 2006

Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay

Nevada Supreme Court Summaries

Appeal from an order of the Eighth Judicial District Court, State of Nevada, granting motion to dismiss for lack of personal jurisdiction and failure to plead with particularity.


Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu Dec 2006

Summary Of Calvin V. State, 122 Nev. Adv. Op. 100, Michelle L'Hommedieu

Nevada Supreme Court Summaries

NRS 178.400, Nevada's standard for a defendant's competency to stand trial, conforms to the standard set out by the United States Supreme Court in Dusky v. United States.


Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu Dec 2006

Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu

Nevada Supreme Court Summaries

No abstract provided.


Summary Of State V. Rincon, 122 Nev. Adv. Op. 99, Michelle L'Hommedieu Dec 2006

Summary Of State V. Rincon, 122 Nev. Adv. Op. 99, Michelle L'Hommedieu

Nevada Supreme Court Summaries

A motorist is driving below the speed limit is, by itself, insufficient to give rise to a reasonable suspicion of driving while intoxicated warranting an investigative stop. While reasonable suspicion is not a stringent standard, it requires more than a mere observation that a motorist is driving slowly. There must be additional indicia of erratic driving or unusual behavior before a reasonable suspicion arises justifying an investigative stop. Where no reasonable suspicion exists, an inquiry stop may nonetheless be justified under the community caretaking doctrine when a police officer has an objectively reasonable belief that a slow driver is in …


Salt Equalizer, Vol. 2006, Issue 3, Society Of American Law Teachers Dec 2006

Salt Equalizer, Vol. 2006, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Eileen Kaufman & Tayyab Mahmud, Co-Presidents' Column, at 1.

Jane Dolkart, SALT 2007 Annual Awards Dinner Honors Wildman, Rosenkranz, at 1.

Nancy Cook, Annual Robert Cover Study Group: "Come to New Orleans, But Walk Softly," at 4.

SALT Founder Norman Dorsen to Receive AALS Award, at 4.

Adele M. Morrison, Fall Semester with the Faculty Mentoring Committee, at 5.

Patricia J. Falk, SALT Teaching Conference a Great Success, at 7.

Natsu Taylor Saito, Academic Freedom Committee Report, at 9.

Kathleen Clark, Lift the Military's Gay Ban: Lobby in D.C. on …


Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer Nov 2006

Summary Of Estes V. State, 122 Nev. Adv. Op. No. 96, Michael Hammer

Nevada Supreme Court Summaries

Appeal from a conviction, by jury, of two counts of preventing or dissuading a person from testifying or producing evidence, one count of first-degree kidnapping, two counts of battery with intent to commit a crime, six counts of sexual assault of a minor under 14, two counts of coercion, and two counts of lewdness with a child under 14. The primary issue on appeal was the admissibility of evidence gathered while the Appellant was committed to a mental institution for the purpose of evaluating competency to stand trial.


Summary Of Marquis & Aurbach V. Dist. Ct., 122 Nev. Adv. Op. No. 97, Krystallin Hernandez Nov 2006

Summary Of Marquis & Aurbach V. Dist. Ct., 122 Nev. Adv. Op. No. 97, Krystallin Hernandez

Nevada Supreme Court Summaries

Parties petition for writs of mandamus challenging district court orders confirming an arbitration award of contingency fees for the original dispute, and denying attorney fees for a subsequent action attempting to enforce the agreement, but awarding costs.


Summary Of Bacher V. State Engineer, 122 Nev. Adv. Op. No. 95, Krystallin Hernandez Nov 2006

Summary Of Bacher V. State Engineer, 122 Nev. Adv. Op. No. 95, Krystallin Hernandez

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Kay V. Nunez, 122 Nev. Adv. Op. No. 94, Michael Hammer Nov 2006

Summary Of Kay V. Nunez, 122 Nev. Adv. Op. No. 94, Michael Hammer

Nevada Supreme Court Summaries

Appeal from a district court order which denied a petition for judicial review and a petition for a writ of mandamus, and challenged the Clark County Board of County Commissioners’ authority to waive development standards.


Is Looting Ever Justified?: An Analysis Of Looting Laws And The Applicability Of The Necessity Defense During Natural Disasters And States Of Emergency, Stephanie J. Hamrick Sep 2006

Is Looting Ever Justified?: An Analysis Of Looting Laws And The Applicability Of The Necessity Defense During Natural Disasters And States Of Emergency, Stephanie J. Hamrick

Nevada Law Journal

No abstract provided.


But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright Sep 2006

But What Will They Do Without Unpublished Opinions?: Some Alternatives For Dealing With The Ninth Circuit's Massive Caseload Post F.R.A.P. 32.1, Bryan Wright

Nevada Law Journal

No abstract provided.


Perp Walks And Prosecutorial Ethics, Ernest F. Lidge Iii Sep 2006

Perp Walks And Prosecutorial Ethics, Ernest F. Lidge Iii

Nevada Law Journal

No abstract provided.


Salt Equalizer, Vol. 2006, Issue 2, Society Of American Law Teachers Sep 2006

Salt Equalizer, Vol. 2006, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Eileen Kaufman & Tayyab Mahmud, Co-Presidents' Column, at 1.

Joan Howarth, New SALT Board of Governors Election Procedures, at 1.

Camille Nelson, 2006 SALT Teaching Conference, at 7.

Nancy Ehrenreich, Politically-Motivated Attacks on Ward Churchill Continue, at 7.

Natsu Taylor Saito, 2006 Robert Cover Workshop: Academic Freedom Under Assault, at 8.

Kellye Testy, Deanship Workshop to Be Held in May, at 9.

Carol Chomsky & Holly Maguigan, SALT Board Retreat and Strategic Planning, at 9.

Margaret Martin Barry, Affirmative Action Committee Report, at 10.

Kathleen Clark, Picking Up …


Judicial Review And The "Hard Look" Doctrine, Patrick M. Garry Sep 2006

Judicial Review And The "Hard Look" Doctrine, Patrick M. Garry

Nevada Law Journal

No abstract provided.