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Full-Text Articles in Law
Guerrina V. State, 134 Nev. Adv. Op. 45 (June 7, 2018), Xheni Ristani
Guerrina V. State, 134 Nev. Adv. Op. 45 (June 7, 2018), Xheni Ristani
Nevada Supreme Court Summaries
The Court affirmed Lyons v. State, which gives the courts discretion to reject a defendant’s request for self-representation if the request is untimely. Further, the Court affirmed the Mendoza v. State test, which allows a single incident to sustain convictions for both robbery and kidnapping if any movement or restraint creates a risk to the victim substantially exceeding what is necessarily present in the crime of robbery. Finally, the Court held that the State must satisfy NRS § 193.165 to sustain deadly weapon charges.
Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski
Office Of The Attorney General V. Justice Court (Escalante), 133 Nev. Adv. Op. 12 (Apr. 6, 2017), Kristopher Kalkowski
Nevada Supreme Court Summaries
The Court determined that NRS 30.130, which concerns the Attorney General’s right to be notified and an opportunity to be heard in constitutional challenges to Nevada statutes, does not apply to criminal proceedings. Instead, NRS 30.130 only refers to a proceeding for declaratory relief, which is treated as a civil action.
In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 4 (Jan. 26, 2017), Maegun Mooso
In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 4 (Jan. 26, 2017), Maegun Mooso
Nevada Supreme Court Summaries
The Court determined that (1) NRS 155.190(1)(h) only grants the Court appellate jurisdiction over the portion of an appeal order instructing or appointing a trustee, and (2) persons accepting an appointment as an investment trust advisor for a trust with a situs in Nevada impliedly consent to personal jurisdiction in Nevada under 163.5555.
Golightly & Vannah, Pllc V. Tj Allen, Llc, 132 Nev. Adv. Op. 41 (Jun. 2, 2016), Baylie Hellman
Golightly & Vannah, Pllc V. Tj Allen, Llc, 132 Nev. Adv. Op. 41 (Jun. 2, 2016), Baylie Hellman
Nevada Supreme Court Summaries
In order for attorneys working on a contingency basis to comply with NRS 18.015’s requirement of perfecting a lien before receiving the funds, the notice of the lien must disclose the agreed upon contingency percentage and also claim court costs and out-of-pocket costs advanced by the attorney in an amount to be determined.
Wph Architecture, Inc. V. Vegas Vp, Lp., 131 Nev. Adv. Op. 88 (Nov. 5, 2015), Emily Dyer
Wph Architecture, Inc. V. Vegas Vp, Lp., 131 Nev. Adv. Op. 88 (Nov. 5, 2015), Emily Dyer
Nevada Supreme Court Summaries
The Court determined that (1) NRCP 68, NRS § 17.115, and NRS § 18.020, which allow costs and fees to be awarded in several types of district court cases, do not require an arbitrator to award fees and costs after an offer of judgment has been made; and (2) NRCP 68, NRS § 17.115, and NRS § 18.020 are substantive in their application to arbitration proceedings.