Law Commons^™

Blount V. Blount, 138 Nev. Adv. Op. 52 (Jul. 07, 2022), Daniel Z. Weiss

Nevada Supreme Court Summaries

The court ruled that the statutory language found in NRS 125A.465, Nevada’s codification of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), is unambiguous and that its plain meaning applies as written. The court specifically addressed the timeline in which parties with existing custody or visitation rights can challenge new registrations of custody orders seeking to amend or alter existing orders. Appellants attempted to block the Nevada registration of an updated child custody determination ordered by a neighboring Tribal Court, by filing a challenge to the registration twenty-four days after receiving notice, four days after the allowable time requirement. …

Evans-Waiau Vs. Tate 138 Nev. Adv. Op. 42 (June 16, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

Both a procedural and substantive question were presented in this appeal. The procedural question asked whether a party must move for a new trial in district court to preserve attorney misconduct claims on appeal. The Court recently held that a party is not necessarily required to move for a new trial to preserve its trial error-based arguments or ability to seek a new trial as an appellate remedy.

Respondents argue that the Court’s decision in Lioce v. Cohen requires a party to move for a new trial to preserve a specific claim that attorney misconduct warrants a new trial. 3 …

Diamond Nat. Res. Prot. And Conservation Ass'n Vs. Diamond Valley Ranch, 138 Nev. Adv. Op. 43 (June 16, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

This case addressed the scarcity of water in the Diamond Valley Hydrologic Basin located in Eureka County, Nevada. The Basin was over-appropriated and over-pumped causing the groundwater withdrawals from the Basin to exceed its perennial year. In 2011, Nevada Legislature enacted NRS 534.037 and NRS 534.110(7) to address the scarcity of groundwater in Nevada’s over-appropriated basins. NRS 534.110(7) provides that the State engineer may designate an over-appropriated basin a Critical Management Area (VMA). After an area is designated, NRS 534.037 allowed rights holders to petition the State Engineer to approve a Groundwater Management Plan (GMP) that set forth the necessary …

Brown (Larry) V. State Of Nevada, 138 Nev. Adv. Op. 44 (June 23, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

In this appeal, the Court considered whether a jury may consider footwear impression evidence without the aid of expert testimony. The Court determined it was proper here. The Court also considered whether the district court violated the defendant's rights under the Confrontation Clause by allowing a witness to testify via a two-way video and limiting cross-examination to protect proprietary trade secrets. The Court determined that the district court failed to make express findings under Lipitz. The Court also concluded that the district court did not abuse its discretion by limiting witness testimony. No reversal was granted, and the court …

Education Freedom Pac V. Reid, 138 Nev. Adv. Op. 47 (June 28, 2022), Servando Martinez

Nevada Supreme Court Summaries

This appeal comes from a district court order enjoining an initiative petition’s circulation and the initiative’s placement on the ballot. In an opinion drafted by Justice Hardesty, the Court considered whether the district court properly denied EFP’s request to dismiss the complaint because the district court had not set the matter for a hearing within 15 days. The Court acknowledges that, under the Nevada Constitution, an initiative petition cannot require appropriations or expenditures, must adequately inform potential signatories about the petition’s goal, and cannot invade the Legislature’s primary role of proposing and enacting laws. The Court concluded that that the …

Leigh-Pink V. Rio Properties, Llc., 138 Nev. Adv. Op. 48 (Jun. 30, 2022), Candace Mays

Nevada Supreme Court Summaries

In a fraudulent conceal claim, this Court declined to restate a certified question but answered that a movant may not recover damages under a theory of fraudulent concealment without first establishing the entitlement to damages.

Helton V. Nev. Voters First Pac, 138 Nev. Adv. Op. 115 (June 28, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Herndon, the Court considered whether the description of effect articulates an overarching purpose and explains how provisions relate to a single subject. This appeal involves the requirements for Initiative petitions as set forth by the Nevada Constitution. In this appeal, the Court addresses three of them: the single-subject requirement, the description-of-effect requirement, and the funding requirement for a proposal that makes an appropriation or requires the expenditure of money. First, the Court clarified that even if an initiative petition proposes more than one change to Nevada law, it may still meet the singlesubject requirement, …

Hung Vs. Berhad, 138 Nev. Adv. Op. 50 (June 30, 2022), Candace Mays

Nevada Supreme Court Summaries

The Supreme Court of Nevada considered whether the district court erred in dismissing the appellants’ complaint on procedural grounds without granting leave to amend so that they could remedy any deficiencies in their pleadings thus far. The Court held that neither the appellants’ original complaint, first amended complaint, nor proposed second amended complaint, contained facts sufficient to show leave to amend would not be futile. Accordingly, the Court affirmed the district court’s dismissal of the complaint.

Cegavske V. Hollowood, 138 Nev. Adv. Op. 46 (June 28, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Stiglich, the Court considered whether initiative sponsors may withdraw a petition or whether an initiative petition’s signatories or the public acquire any rights in a petition. This appeal involves two verified initiative petitions to place questions on the ballot for the Nevada 2022 general election and the sponsors' withdrawal of the initiative petitions. Although Nevada law provides a procedure to withdraw an initiative petition and directs that “no further action may be taken on [a withdrawn] petition,”2 Secretary of State Barbara Cegavske refused to honor the withdrawals of the two petitions at issue here. …

Martinez V. Avila, Jr., 138 Nev. Adv. Op. 49 (June 30, 2022), Candace Mays

Nevada Supreme Court Summaries

The Supreme Court of Nevada reviewed a district court’s decision granting legal paternity to the biological father of a child over the objection of the person who assumed paternity over the child pursuant to a Voluntary Parenting Agreement. The Court held that while paternity can be established and memorialized through written instruments, biological paternity is supreme.

Thomas V. State, 138 Nev. Adv. Op. 37 (May 26, 2022), Candace Mays

Nevada Supreme Court Summaries

The Nevada Supreme Court reviewed the district court’s denial of the petitioner’s petition for post-conviction relief, which the lower court issued without an evidentiary hearing. The Court considered whether the district court erred in denying the petition without a hearing based on several contentions raised by the petitioner on appeal. The Court ultimately affirmed the order in part, reversed it in part, and remanded the case for further proceedings on the two claims for which the appellant was entitled to relief.

Sr Construction, Inc. V. Peek Brothers Construction, Inc., 138 Nev. Adv. Op. 41 (June 2, 2022), Candace Mays

Nevada Supreme Court Summaries

The Supreme Court, reviewing an appeal from the district court’s denial to compel arbitration, contemplated the scope of and applicability of a master subcontractor agreement’s arbitration clause when the language did not unequivocally compel subcontractors to arbitrate disputes. The Court held that where the arbitration provision of a contract is broad, the presumption toward arbitrability prevails.

Guidry V. State, 138 Nev. Adv. Op. 39 (June 2, 2022), Candace Mays

Nevada Supreme Court Summaries

The Supreme Court of Nevada, reviewing the case de novo, considered whether the errors committed by the prosecution at trial entitled the appellant to relief from her convictions. The Court held that the ambiguous jury instruction on the count of second-degree murder was a prejudicial error, warranting a reversal of the conviction. As to the charges of robbery, grand larceny, and leaving the scene, for which the appellant was also convicted, claims of prosecutorial misconduct and challenges to the sufficiency of evidence were not sufficient to warrant a reversal. Given the reversal on the second-degree murder charge, however, the Court …

Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays

Nevada Supreme Court Summaries

The Nevada Supreme Court considered whether the district court erroneously dismissed the rights deprivation claims of the appellant, an incarcerated individual, on procedural grounds. The Court held that the lower court erred in dismissing the appellant’s claims with prejudice under NRCP 12(b)(5) when he had pleaded facts sufficient to place the respondents on notice of the nature of the claim and relief sought, in accordance with Nevada’s notice-pleading standard. The Court also held that the lower court erred in dismissing the appellant’s complaint with prejudice, without granting leave to amend to resolve the deficiencies in service, and without an explanation …

Nied V. State Of Nevada, 138 Nev. Adv. Op. 30 (May 5, 2022), Servando Martinez

Nevada Supreme Court Summaries

This is an appeal from a judgment of conviction, arising from a guilty plea of reckless driving resulting in substantial bodily harm. The question considered is whether one could be charged to pay restitution based on initial billings that were not ultimately charged. The court also considered whether treatment for suicide attempts connected to an injury are applicable in computing restitution damages. The court concluded that the restitution awarded was not supported by competent evidence and thus ordered that the restitution portion of the judgment of conviction be vacated. The court further remanded the case to the district court for …

Nev. Pol’Y Rsch. Inst., Inc., V. Cannizzaro. 138 Nev. Adv. Op. 28 (Apr. 21, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

The Court held that it may apply the public-importance exception in cases where a party seeks to protect the essential nature of “a government in which the three distinct departments…legislative, executive, and judicial remain within the bounds of their constitutional powers.” In Nevada Policy Research Institute, Inc. v Cannizzaro, the Court determines proper standing and evaluates the public-importance exception laid out in Schwartz.

Shea V. State Of Nevada, 138 Nev. Adv. Op. 36 (May 26, 2022), Candace Mays

Nevada Supreme Court Summaries

The Nevada Supreme Court affirmed the First Judicial District Court of Carson City’s dismissal of the appellant’s claim as non-justiciable. The Court held that claims related to the inadequacy of the State’s public education present a non-justiciable political question and that the education clauses of the State Constitution are ‘aspirational’ in nature and do not represent a guarantee of a specific outcome.

Flangas V. Perfect Marketing, Llc 138 Nev. Adv. Op. 26 (April 14, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

The Court affirmed the district court’s order denying a motion to set aside a domesticated foreign judgement after respondent was properly served and judgement was properly domesticated in Nevada. The Court also concluded that enforcement of the foreign judgement did not violate due process because respondent served the domestication notice by certified mail. This type of service is reasonably calculated to reach the interested party. The Court affirmed.

Apco Constr., Inc. Vs. Helix Elec. Of Nev., Llc, 138 Nev. Adv. Op. 31 (May 5, 2022), Servando Martinez

Nevada Supreme Court Summaries

This is an appeal from a district court judgment after a bench trial in a contract action, arising from a dispute regarding delay costs between a contractor and subcontractor. The question considered is whether the district court properly applied the covenant of good faith and fair dealing when it awarded delay damages by signing a waiver and release to receive its retention. The standard for the covenant of good faith and fair dealing “prohibits arbitrary or unfair acts by one party that work to the disadvantage of the other.”2 The court also interpreted whether the subcontractor waived its right to …

Cox V. Mgm Grand Hotel, Lcc., 138 Nev. Adv. Op. 27 (Apr. 14, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

This case addressed when the district court can and should grant a remand for a new trial when a party claimed that evidentiary and instructional errors prejudiced their case. The particular issue in this case was the admittance of six surveillance videos that contradicted in-court presentation.

Sena (Christopher) V. State, 138 Nev. Adv. Op. 34 (May 26, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Herndon, the Court clarified their application of the statute of limitations to crimes involving sexual abuse of children, concluding that the statute of limitations did not preclude any of the charges originally brought against Sena and that, under the doctrine of lenity, the unit of prosecution is per victim, not per instance. Therefore, the Court vacated six of the nine incest convictions, two counts of possession of visual presentation depicting the sexual conduct of a child, and one count of child abuse or neglect. The Court ultimately remanded this case for further proceedings.

Vargas V. J. Morales, 138 Nev. Adv. Op. 38 (June 2, 2022), Candace Mays

Nevada Supreme Court Summaries

The Nevada Supreme Court reversed the district court’s order granting respondent NRCP 60(b)(1) and (6) relief from a prior judgment and remanded for proceedings consistent with the reversal. The Court held that (1) an NRCP 60(b)(1) motion is untimely when 14 months have elapsed since the judgment was entered and (2) that relief under NRCP 60(b)(6) is unjustified where it would have been available under NRCP 60(B)(1) if timely.

Barlow V. State Of Nevada 138 Nev. Adv. Op. 25 (April 14, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

Kenneth Barlow was found guilty of multiple charges by a jury and sentenced to death for murdering two people. During the guilt phase of the trial, the State provided overwhelming evidence that Barlow had broken into the victims’ apartment and shot each of them multiple times. Barlow was prohibited by the district court from arguing during the penalty phase that if a single juror determines that there are mitigating circumstances sufficient to outweigh the aggravating circumstance that the death penalty is no longer an option and the jury must then consider imposing a sentence other than death. The Court clarified …

Moretto Vs. Elk Point Country Club Hoa, Inc. 138 Nev. Adv. Op. 24 (April 7, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

This case addressed the extent of a common-interest-community homeowners association’s power to adopt rules restricting the use and design of individually owned properties. The Court concluded that public policy favors the adoption of section 6.7 and 6.9 of the Restatement (Third) of Property: Servitudes. 2 These sections explain that homeowners’ associations do not have the implied power to impose use or design on individually owned properties. The governing documents of the association must expressly authorize the imposition of restrictions to do so. These restrictions are subject to a “reasonableness” requirement.3 The Court also acknowledged that neither party addressed whether the …

Aguirre V. Elko County Sheriff’S Office, 138 Nev, Adv. Op. 32 (May 5, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Cadish, the Court considered whether Nevada’s homestead exemption protects real property from civil forfeiture and whether an incarcerated individual who records a homestead declaration while serving their prison sentence qualifies as a bona fide resident of the homestead property. Aguirre asserted that he recorded his homestead declaration before any final process occurred in the forfeiture cause of action against him, thus having his declaration preempt the forfeiture. The district court dismissed the appellant’s argument, rationalizing that the appellant did not comply with the residency requirement because he made his homestead declarations while he was …

Bennett V. State, 138 Nev. Adv. Op. 29 (Apr. 28, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

Years after a jury sentenced Bennett to death, newly discovered evidence was presented. This case thoroughly explains whether a new evidentiary hearing must be granted. The statutory scheme providing for a petition to establish factual innocence is a relatively new addition to Nevada law.[1] Bennett v. State provided an opportunity to address the statutory provisions that guided the district court’s decision whether to order a hearing on this type of petition. The Court clarified two considerations relevant to the pleading requirements a petition must satisfy under NRS 34.960(2)(b): (1) a petition may rely on a witness’s recantation of trial …

Saticoy Bay, Llc Ser. 34 Innisbrook V. Thornburg Motrg. Sec. Tr. 2007-3, 138 Nev. Adv. Op. 35 (May 26, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Stiglich, the Court considered whether HOA’s have a statutory duty to record whether tender of a superpriority portion of their lien on a property was made when the Legislature amended NRS 116.31164. Saticoy Bay alleged that (1) if it had been permitted to pursue a claim, it could have produced evidence that Red Rock or Spanish Trail misrepresented that a tender had not been made and (2) that Spanish Trail had a statutory duty to proactively record BANA’s tender. The Court dismissed these arguments and found that the district court did not err by …

Restorative Justice And Anti-Racism, Martha Minow

Nevada Law Journal

No abstract provided.

The “Fool’S Gold” Standard Of Confession Evidence: How Intersecting, Disadvantaged Identities Heighten The Risk Of False Confession, Nicole Weis

Nevada Law Journal

No abstract provided.

Nevada As An Example: State Immigration Reform In A Swing State, Michael Kagan, Selena Torres, Jorge "Coco" Padilla

Nevada Law Journal

No abstract provided.