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Nevada Supreme Court Summaries

2008

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Summary Of Hill V. State, 124 Nev., Advance 52, Meredith Holmes Jul 2008

Summary Of Hill V. State, 124 Nev., Advance 52, Meredith Holmes

Nevada Supreme Court Summaries

Defendant-Appellant argued that the district court improperly denied his motion to dismiss the grand jury indictment and pretrial petition for writ of habeas corpus based on the State’s failure to report grand jury bias.


Summary Of State V. Dist. Ct. (Pullin), 124 Nev. Adv. Op. No. 54, Katie Maw Jul 2008

Summary Of State V. Dist. Ct. (Pullin), 124 Nev. Adv. Op. No. 54, Katie Maw

Nevada Supreme Court Summaries

This case came to the Court on a petition for a writ of mandamus challenging a district court’s order sentencing the real party in interest pursuant to NRS 193.165 amendments, which were made affective after the crimes in question were committed.


Summary Of Vredenburg V. Sedgwick Cms And Flamingo Hilton-Laughlin, 124 Nev. Adv. Op. No. 53, Holly Ludwig Jul 2008

Summary Of Vredenburg V. Sedgwick Cms And Flamingo Hilton-Laughlin, 124 Nev. Adv. Op. No. 53, Holly Ludwig

Nevada Supreme Court Summaries

Vredenburg appeals a district court order denying her petition for judicial review of her workman’s compensation matter. Ø÷


Summary Of Moldon V. County Of Clark, 124 Nev. Adv. Op. No. 49, Tyler James Watson Jul 2008

Summary Of Moldon V. County Of Clark, 124 Nev. Adv. Op. No. 49, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a district court order denying a motion for interest in an eminent domain action.


Summary Of Attorney General V. Montero, 124 Nev. Adv. Op. No. 55, Candace Oranges Jul 2008

Summary Of Attorney General V. Montero, 124 Nev. Adv. Op. No. 55, Candace Oranges

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Browning V. State Of Nevada, 124 Nev. Adv. Op. Citation 50, Philip Erwin Jul 2008

Summary Of Browning V. State Of Nevada, 124 Nev. Adv. Op. Citation 50, Philip Erwin

Nevada Supreme Court Summaries

This is an appeal from a sentence of death after remand for a new penalty hearing.


Summary Of Hallmark V. Eldridge, 124 Nev. Adv. Op. 48, Barbra E. Zess Jul 2008

Summary Of Hallmark V. Eldridge, 124 Nev. Adv. Op. 48, Barbra E. Zess

Nevada Supreme Court Summaries

Appeal from a district court judgment on a jury verdict in a personal injury action and an order denying a motion for a new trial. Plaintiff seeks a more favorable damage award alleging that the district court abused its discretion in allowing prejudicial expert testimony under NRS 50.275.


Summary Of Haney V. State Of Nevada, 124 Nev. Adv. Op. No. 40, Tyler James Watson Jun 2008

Summary Of Haney V. State Of Nevada, 124 Nev. Adv. Op. No. 40, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s motion to correct an illegal sentence.


Summary Of Diomampo V. State Of Nevada, 124 Nev. Adv. Op. No. 41, Tyler James Watson Jun 2008

Summary Of Diomampo V. State Of Nevada, 124 Nev. Adv. Op. No. 41, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon jury verdict, of one count of mid-level trafficking in a controlled substance.


Summary Of In Re Assad., 124 Nev. Adv. Op. No. 38, Candace Oranges Jun 2008

Summary Of In Re Assad., 124 Nev. Adv. Op. No. 38, Candace Oranges

Nevada Supreme Court Summaries

On appeal from the Nevada Commission on Judicial Discipline, the Nevada Supreme Court considers whether, in the disciplinary proceedings for Las Vegas Municipal Judge George Assad, the Commission properly denied admission of Judge Assad’s proposed judicial ethics expert testimony; whether the Commission’s actions during the proceedings denied Judge Assad due process; whether the record demonstrates clear and convincing evidence to support the Commission’s finding that Judge Assad violated Canon 2A; and whether the Commission properly imposed a public censure against Judge Assad for violations of the Code of Judicial Conduct.


Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber Jun 2008

Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber

Nevada Supreme Court Summaries

Appeal from three consolidated district court judgments, and from post-judgment orders denying a new trial and awarding attorney’s fees and costs.


Summary Of Douglas V. State, 124 Nev. Adv. Op. No. 37, Tyler Ure Jun 2008

Summary Of Douglas V. State, 124 Nev. Adv. Op. No. 37, Tyler Ure

Nevada Supreme Court Summaries

Appeal from district court denial of plaintiff’s writ of mandamus.


Summary Of Brooks V. Bonnet, 124 Nev. Adv. Op. No. 36, Tyler Ure Jun 2008

Summary Of Brooks V. Bonnet, 124 Nev. Adv. Op. No. 36, Tyler Ure

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Duchess Bus. Servs., Inc. V. Nev. St. Bd. Of Pharmacy, 124 Nev. Adv. Op. 32, Danielle Tarmu May 2008

Summary Of Duchess Bus. Servs., Inc. V. Nev. St. Bd. Of Pharmacy, 124 Nev. Adv. Op. 32, Danielle Tarmu

Nevada Supreme Court Summaries

Two pharmaceutical wholesalers appeal from the district court’s denial of a petition for judicial review of an order by respondent Nevada State Board of Pharmacy (the Board) revoking the wholesalers’ licenses for violations of Nevada’s statutes and regulations governing the secondary prescription drug market. The wholesalers appeal on multiple grounds, three of which raise issues of first impression: (1) an administrative agency’s discretion concerning joinder in an administrative proceeding; (2) an administrative agency’s discretion with respect to discovery in an administrative proceeding; and (3) whether intent must be proven to render an entity liable for violating NRS § 585.520(1).2


Summary Of Hidalgo V. District Court, 124 Nev. Adv. Op. 33, Barbra E. Zess May 2008

Summary Of Hidalgo V. District Court, 124 Nev. Adv. Op. 33, Barbra E. Zess

Nevada Supreme Court Summaries

Petitioner Luis Hidalgo III, awaiting a capital murder trial, successfully made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another” as required by NRS 200.033(2)(b). Although the court found the other aggravating circumstance, murder to receive money, to be in violation of SCR 250(4)(c) requirements, the court decided to allow the State amend its notice of intent to seek the death penalty to cure the deficiency.


Summary Of Fed. Ins. Co., V. Am. Hardware Mut. Ins. Co., Nev. Adv. Op. No. 31, Emily Reed May 2008

Summary Of Fed. Ins. Co., V. Am. Hardware Mut. Ins. Co., Nev. Adv. Op. No. 31, Emily Reed

Nevada Supreme Court Summaries

The Court answered a certified question under NRAP 5. The question was “whether, under Nevada law, an additional insured endorsement provides coverage for an injury caused by the sole independent negligence of the additional named insured.”2


Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal May 2008

Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal

Nevada Supreme Court Summaries

This case is a consolidated appeal from district court judgments granting specific performance and awarding costs in a real property action.


Summary Of Hamm V. Arrowcreek Homeowner’S Ass’N, 124 Nev. Adv. Op. No. 28, Airene Haze May 2008

Summary Of Hamm V. Arrowcreek Homeowner’S Ass’N, 124 Nev. Adv. Op. No. 28, Airene Haze

Nevada Supreme Court Summaries

Appeal from a district court order dismissing homeowner’s action that sought to release a homeowner’s association lien. Under NRS 383.10, the district court must dismiss any dispute arising from the interpretation, application, or enforcement of homeowner’s associations’ covenants, conditions, and restrictions (CC&R) if the parties did not first submit to mediation or arbitration. This statute, however, does not apply to actions for injunctive relief involving “immediate threat of irreparable harm, or action[s] relating to the title to residential property.”


Summary Of Stockmeier V. Nevada Department Of Corrections Psychological Review Panel, 124 Nev. Adv. Op. No. 30, Holly Ludwig May 2008

Summary Of Stockmeier V. Nevada Department Of Corrections Psychological Review Panel, 124 Nev. Adv. Op. No. 30, Holly Ludwig

Nevada Supreme Court Summaries

Stockmeier appeals the district court’s order dismissing his claim for damages against the Department of Corrections for violating the Nevada Open Meeting Law.


Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes May 2008

Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes

Nevada Supreme Court Summaries

Appellant Whitemaine had concurrent employment contracts with Bank of America Investment Services, Inc. (BAIS) and Bank of America, N.A. The BAIS contract contained a provision requiring appellant to arbitrate any dispute related to her employment. The Bank of America contract contained no arbitration clause, but contained an integration clause. The issue in this case was whether two employment contracts can constitute a single agreement when one of them contains an integration clause.


Summary Of Bob Allyn Masonry V. David Murphy, 124 Nev. Adv. Op. No 27, Tyler Ure May 2008

Summary Of Bob Allyn Masonry V. David Murphy, 124 Nev. Adv. Op. No 27, Tyler Ure

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Las Vegas Fetish & Fantasy V. Ahern Rentals, 124 Nev. Adv. Op. No. 26, Tyler Ure May 2008

Summary Of Las Vegas Fetish & Fantasy V. Ahern Rentals, 124 Nev. Adv. Op. No. 26, Tyler Ure

Nevada Supreme Court Summaries

Appeal from a district court grant of summary judgment and an award for costs and attorney fees in a contract action.


Summary Of Father & Sons & A Daughter Too Vs. Transp. Servs. Auth. Of Nev., 124 Nev. Adv. Op. 24, Danielle Tarmu May 2008

Summary Of Father & Sons & A Daughter Too Vs. Transp. Servs. Auth. Of Nev., 124 Nev. Adv. Op. 24, Danielle Tarmu

Nevada Supreme Court Summaries

Consolidated appeal from a district court order denying Father & Sons & a Daughter Too’s (FSD2) petition for judicial review regarding citations for two violations of NRS 706.386. The Court holds that FSD2 had held itself out to be a common motor carrier and substantial evidence supported the determination that it had violated NRS 706.386.


Summary Of Mclellan V. State, 124 Nev. Adv. Op. No. 25, Tyler Ure May 2008

Summary Of Mclellan V. State, 124 Nev. Adv. Op. No. 25, Tyler Ure

Nevada Supreme Court Summaries

Appellant appeals conviction on 22 counts of sexual assault of a minor under 14 years of age and 20 counts of lewdness with a child under 14 years of age. Appellant argues the district court should not have entered telephone conversation recorded in California into evidence. Appellant also argues that evidence regarding uncharged acts should not have been admitted.


Summary Of Johnson V. District Court, 124 Nev. Adv. Op. No. 23, Tyler Ure May 2008

Summary Of Johnson V. District Court, 124 Nev. Adv. Op. No. 23, Tyler Ure

Nevada Supreme Court Summaries

Petition for Writ of Mandamus or Writ of Prohibition challenging a district court order sealing a divorce case and a gag order restricting all parties and their attorneys from discussing the case with the public.


Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Emily Reed May 2008

Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Emily Reed

Nevada Supreme Court Summaries

Appeal from a district court order granting partial summary judgment in a contract action. The appeal addresses whether NRS 602.070 bars a partnership operating under a fictitious name from bringing an action for breach of contract when the contract was not entered into under the fictitious name.


Summary Of Buzz Stew, Llc V. City Of North Las Vegas, 124 Nev. Adv. Op. 21, Barbra E. Zess Apr 2008

Summary Of Buzz Stew, Llc V. City Of North Las Vegas, 124 Nev. Adv. Op. 21, Barbra E. Zess

Nevada Supreme Court Summaries

A municipality’s announcement of intent to condemn a parcel of land may give rise to a cause of action by the landowner for damages based on an allegation that, under the circumstances, the municipality acted improperly in making the announcement before instituting an eminent domain action.


Summary Of Turner V. Mandalay Sports Entertainment, 124 Nev. Adv. Op. No. 20, Tyler James Watson Apr 2008

Summary Of Turner V. Mandalay Sports Entertainment, 124 Nev. Adv. Op. No. 20, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in a tort case brought against Mandalay Sports Entertainment, owner of the Las Vegas 51s.


Summary Of Brooks V. State Of Nevada, 124 Nev. Adv. Op. Citation 19, Nevada Law Journal Apr 2008

Summary Of Brooks V. State Of Nevada, 124 Nev. Adv. Op. Citation 19, Nevada Law Journal

Nevada Supreme Court Summaries

This is an appeal from a judgment of conviction of conspiracy to commit robbery and robbery with the use of a deadly weapon


Summary Of Anderson Family Assocs. V. State Engineer, 124 Nev. Adv. Op. No. 17 , Nevada Law Journal Mar 2008

Summary Of Anderson Family Assocs. V. State Engineer, 124 Nev. Adv. Op. No. 17 , Nevada Law Journal

Nevada Supreme Court Summaries

No abstract provided.