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2004

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Summary Of In The Matter Of Parental Rights As To D.R.H., Jeff Hall Jan 2004

Summary Of In The Matter Of Parental Rights As To D.R.H., Jeff Hall

Nevada Supreme Court Summaries

Appeal of a District Court order terminating the parental rights of both parents to their three children. The Division of Child and Family Services (DCFS) petitioned the district court to terminate the parental rights Vincent G. and Cristan H. after trying to return the children to the parents custody for two and half years. Vincent and Cristan appealed the district court’s decision to terminate their parental rights on the grounds that the statute relied on by the district court is unconstitutional.

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Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang Jan 2004

Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment entered pursuant to a jury verdict in an action concerning a construction contract.

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Summary Of Johnson V. State, Christina H. Wang Jan 2004

Summary Of Johnson V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of two counts of uttering a forged instrument and one count of principal to commit uttering a forged instrument.

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Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis Jan 2004

Summary Of Kaczmarek V. State, 120 Nev. Adv. Rep. 37, James Davis

Nevada Supreme Court Summaries

Appeal from a conviction and sentence of death by jury trial in the Eighth Judicial District Court, State of Nevada, finding the Petitioner “guilty of burglary, robbery, first-degree kidnapping, and first degree murder, all committed with the assistance of a child.”

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Summary Of Kourafas V. Basic Food Flavors, Inc., 120 Nev. Adv. Op. 22, Hilary Barrett Muckleroy Jan 2004

Summary Of Kourafas V. Basic Food Flavors, Inc., 120 Nev. Adv. Op. 22, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Appeal from a district court order dismissing appellant’s breach of contract claim and awarding attorney’s fees and costs to respondent.

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Summary Of Lara V. State, 120 Nev. Adv. Op. No. 20, Hilary Barrett Muckleroy Jan 2004

Summary Of Lara V. State, 120 Nev. Adv. Op. No. 20, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

Appeal from a district court order denying a post-conviction petition for a write of habeas corpus.

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Summary Of Mainor V. Nault, 120 Nev. Adv. Rep. 84, Timothy J. Geswein Jan 2004

Summary Of Mainor V. Nault, 120 Nev. Adv. Rep. 84, Timothy J. Geswein

Nevada Supreme Court Summaries

Appeal from the Eighth Judicial District Court's entry of final judgment pursuant to a jury verdict against attorneys Mainor and Harris. Respondents and cross-appellants Philip Nault and Wendy Nault, as co-guardians of the person and estate of Jason Nault, cross-appeal from a Eighth Judicial District Court’s order offsetting the final judgment by $400,000 from a prior settlement with another attorney involved in the underlying case.

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Summary Of Martin V. Martin, 120 Nev. Adv. Rep. 38, Jeff Hall Jan 2004

Summary Of Martin V. Martin, 120 Nev. Adv. Rep. 38, Jeff Hall

Nevada Supreme Court Summaries

Appeal from a district court order awarding primary physical custody to the father of a twelve year-old child because the mother was interfering with the father’s visitation rights and the father’s remarriage court found a change of circumstances in the custodial parent’s situation.

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Summary Of Martinez V. State, Scott Whittemore Jan 2004

Summary Of Martinez V. State, Scott Whittemore

Nevada Supreme Court Summaries

Gina Martinez appealed a district court order denying her motion for return of money deposited as bail.

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Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal Jan 2004

Summary Of Mcconnell V. State, 120 Nev. Adv. Rep. 105, Nevada Law Journal

Nevada Supreme Court Summaries

Appellant Robert McConnell murdered Brian Pierce in August 2002. The State of Nevada charged McConnell with first-degree murder and sought capital sentencing. The State alleged two theories: deliberate, premeditated murder and felony murder during the perpetration of a burglary. McConnell represented himself, pleaded guilty to first-degree murder, and presented a case in mitigation at his penalty hearing. The jury returned a sentence of death. Initially, McConnell moved to waive his appeal but eventually reconsidered and authorized counsel to fully brief all issues on appeal. Specifically, McConnell challenged the propriety of his penalty hearing and death sentence on various grounds. The …

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Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley Jan 2004

Summary Of Means V. State, 120 Nev. Adv. Op. 101, Justin L. Carley

Nevada Supreme Court Summaries

Clyde Means was charged with one count of open or gross lewdness and three counts of sexual assault upon his nineteen year old son. At trial, the jury was empaneled but the district court conducted a hearing to determine the admissibility of Means’ prior bad acts. Because the district court ruled that the acts were admissible, Means, through his attorneys, negotiated a plea bargain. Means would plead guilty to one count of sexual assault in exchange for dismissal of the other charges. Means was informed that he would face two to twenty years in prison, fines, and be required to …

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Summary Of Metz V. Metz, 120 Nev. Adv. Op. 86, Angela Morrison Jan 2004

Summary Of Metz V. Metz, 120 Nev. Adv. Op. 86, Angela Morrison

Nevada Supreme Court Summaries

This appeal involves an ongoing custody dispute between the appellant Robert Metz (“Robert”) and the respondent Amy Metz (“Amy”). Robert appealed two orders issued by the district court in April of 2003. One order stated that the district court could not order Amy to pay child support because her income derives from supplemental security income (“SSI”) and social security disability (“SSD”) payments. The other order denied both Amy and Robert’s motions to modify the custody arrangements, with two minor changes. The Nevada Supreme Court reversed and remanded the portion of the April order that declined to take into account Amy’s …

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Summary Of Molina V. State, 120 Nev. Adv. Rep. 21, Jeff Hall Jan 2004

Summary Of Molina V. State, 120 Nev. Adv. Rep. 21, Jeff Hall

Nevada Supreme Court Summaries

This case involves an appeal of a conviction entered on guilty pleas negotiated with the state. The defendant, Molina, alleged that he plead guilty because his lawyer’s inadequate assistance did not allow him to make an informed decision to plead guilty. He also contended that his attorney violated the attorney-client privilege by divulging communications between him and his attorney.

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Summary Of Nolm, Llc V. County Of Clark, Matt Wagner Jan 2004

Summary Of Nolm, Llc V. County Of Clark, Matt Wagner

Nevada Supreme Court Summaries

Clark County (“the County”) wanted to sell the remnants of two parcels of land after finishing constructing five lanes at the Desert Inn Arterial. The combined acreage of the two parcels totaled .49 acres. At a public auction, the County advertised the land under the former legal description, which described the property as being .92 acres. Neil Ohriner, the sole owner of Nolm, LLC, realized the legal property description was incorrect. He then bid on the parcels, winning them for $340,000.00. The Grant, Bargain, and Sale Deed delivered to escrow likewise incorrectly described the property as .92 acres. After escrow …

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Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis Jan 2004

Summary Of Pineda V. State, 120 Nev. Adv. Rep 24, James Davis

Nevada Supreme Court Summaries

Appellant appealed his jury conviction of second-degree murder in the Second Judicial District Court. Appellant raised three issues on appeal. They were: (1) Whether the defendant waived his right to appeal the court’s ruling in limine that his prior felony conviction could be used for impeachment purposes when he introduced his convictions during direct examination. (2) Whether the proper “self-defense” jury instruction was provided to the jury, over the defendants proposed, but rejected, alternative jury instructions. (3) Whether expert testimony is admissible during the penalty phase, when the prospective expert has only generalized knowledge regarding the specifics of the case.

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Summary Of Redl V. Secretary Of State, 120 Nev. Adv. Rep. 13, Mike Feliciano Jan 2004

Summary Of Redl V. Secretary Of State, 120 Nev. Adv. Rep. 13, Mike Feliciano

Nevada Supreme Court Summaries

Petition denied. Under NRS 78.730, the Secretary of State has discretion to revive a corporate charter that has been revoked for a period of five or more years.

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Summary Of Rickard V. Montgomery Ward & Co., 120 Nev. Ad. Op. 54, Amanda Yen Jan 2004

Summary Of Rickard V. Montgomery Ward & Co., 120 Nev. Ad. Op. 54, Amanda Yen

Nevada Supreme Court Summaries

On January 23, 1993, appellant David Rickard was involved in an incident at the Montgomery Ward store. On April 20, 1993, he filed a complaint in the Clark County District Court alleging various claims against the store. Approximately four years after the complaint was filed in court, Ward filed a chapter 11 bankruptcy proceeding with the United States Bankruptcy Court in the District of Delaware. In accordance with federal bankruptcy law, Rickard’s action in the Nevada district court was stayed. On August 25, 1998, Rickard filed a motion for relief from stay in order to further his action against Ward. …

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Summary Of Roberts V. State, Christina H. Wang Jan 2004

Summary Of Roberts V. State, Christina H. Wang

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, pursuant to a guilty plea, of one count of possession of a controlled substance

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Summary Of Rodriguez V. District Court, 128 Nev. Adv. Op. 14, Rami Hernandez Jan 2004

Summary Of Rodriguez V. District Court, 128 Nev. Adv. Op. 14, Rami Hernandez

Nevada Supreme Court Summaries

Petitioner Charles Rodriguez (Rodriguez) and the real party in interest, Nicole Eddowes (Eddowes), divorced in November 2001. The terms of the initial custody order and divorce decree awarded primary physical custody of the couple’s daughter to Eddowes and ordered Rodriguez to pay child support, half of the child’s insurance premiums, and half of any unreimbursed medical expenses incurred on the child’s behalf. Rodriguez failed to make payments as required, and on March 1, 2004, the district court issued its third contempt order against Rodriguez for the non-payment of child support. The district court denied Rodriguez’s assertion that he was an …

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Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano Jan 2004

Summary Of Rudin V. State, 120 Nev. Adv. Rep. 17, Mike Feliciano

Nevada Supreme Court Summaries

Appellant Margaret Rudin (Rudin) married her husband, Ron, in September of 1987. In January of 1995, Ron’s remains were discovered at Lake Mohave, he apparently had been murdered. Shortly after the discovery of her husband’s body, Rudin boarded a plane to St. Louis, Missouri. On April 17, 1997, Rudin was indicted by the Clark County grand jury on three counts for (1) unauthorized surreptitious intrusion of privacy by listening device, (2) murder with the use of a deadly weapon and (3) accessory to murder. A warrant was then issued for her arrest. Rudin was subsequently apprehended in Massachusetts in November …

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Summary Of State Ex Rel. Dep’T Of Transp. V. Pub. Employees’ Retirement Sys., 120 Nev. Adv. Rep. 4, Justen Ericksen Jan 2004

Summary Of State Ex Rel. Dep’T Of Transp. V. Pub. Employees’ Retirement Sys., 120 Nev. Adv. Rep. 4, Justen Ericksen

Nevada Supreme Court Summaries

Appeal from a district court order granting a petition for writ of mandamus in favor Public Employees’ Retirement System of Nevada (PERS) directing state agency to pay PERS for back employee and employer contributions to the retirement system plus interest on behalf of five archeologists whom the agency treated as independent contractors rather than employees.

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Summary Of State V. Catanio, 120 Nev. Adv. Rep. 103, Christopher Carson Jan 2004

Summary Of State V. Catanio, 120 Nev. Adv. Rep. 103, Christopher Carson

Nevada Supreme Court Summaries

This case was an appeal by the State from a district court order dismissing charges of lewdness with a minor for failure to meet an essential element of the test laid out in NRS 201.230. Catanio worked as a teacher’s aide and volunteer track coach at a middle school in Reno, Nevada. During the fall of 2002, Catanio befriended three young boys and began giving them gifts on a daily basis. The gifts escalated from candy to more elaborate, personal and inappropriate objects including video game systems, air pistols, pornographic material and condoms. In December 2002, Catanio escalated the relationship …

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Summary Of State V. Dist. Ct. (Romano), Christina Wang Jan 2004

Summary Of State V. Dist. Ct. (Romano), Christina Wang

Nevada Supreme Court Summaries

Real party in interest Robert Romano is charged in an indictment with four counts of sexual assault of a minor under fourteen years of age and ten counts of lewdness with a child under fourteen years of age. Romano and his girlfriend are the natural parents of the child victim, born May 5, 1997. In November 2002, the child allegedly told her mother that Romano had engaged in inappropriate activities with her. The mother contacted Nevada Child Protective Services and, at that agency’s request, took the child to Sunrise Hospital for evaluation. A pediatric emergency physician at Sunrise testified before …

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Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore Jan 2004

Summary Of State V. Williams, 120 Nev. Adv. Rep. 52, Scott Whittemore

Nevada Supreme Court Summaries

Following her conviction for six counts of driving with prohibited substance in blood or urine, one count of use of controlled substance, and one count of possession of controlled substance, petitioner sought writ of habeas corpus.

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Summary Of State, Department Of Transportation V. Cowan, 120 Nev. Adv. Op. No. 90, Beth Rosenblum Jan 2004

Summary Of State, Department Of Transportation V. Cowan, 120 Nev. Adv. Op. No. 90, Beth Rosenblum

Nevada Supreme Court Summaries

Appeal and cross-appeal from a judgment of the Eighth Judicial District Court, State of Nevada, awarding damages to the lessee of property condemned by the Nevada Department of Transportation (NDOT).

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Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke Jan 2004

Summary Of Sullivan V. State, 120 Nev. Adv. Rep. 61, Z. Ryan Pahnke

Nevada Supreme Court Summaries

Appeal from a district court order denying appellant’s post-conviction petition for a writ of habeas corpus to consider whether the district court’s entry of an amended judgment of conviction provided good cause to extend the one-year limitation set forth in NEV. REV. STAT. 34.726(1) for filing a timely post-conviction petition for a writ of habeas corpus.

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Summary Of The Doctors Company V. Vincent, 120 Nev. Adv. Op. 71, Justen Ericksen Jan 2004

Summary Of The Doctors Company V. Vincent, 120 Nev. Adv. Op. 71, Justen Ericksen

Nevada Supreme Court Summaries

Appeal by insurer from a district court order approving insurance agent’s settlement with insured. Insurer contended that the district court abused its discretion in approving agent’s settlement which effectively cut off insurer’s claims against agent for contribution and implied indemnity.

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Summary Of Traffic Control Services V. United Rentals, 120 Nev. Adv. Rep. 19, Christopher Carson Jan 2004

Summary Of Traffic Control Services V. United Rentals, 120 Nev. Adv. Rep. 19, Christopher Carson

Nevada Supreme Court Summaries

Philip A. Burkhardt and his employer, Traffic Control Services (Traffic Control) appealed the issuance of a preliminary injunction enforcing a noncompetiton covenant in favor of United Rentals (United), the purchaser of the corporate assets of NES Trench Shoring (NES), Burkhardt’s former employer. The main issue on appeal was Burkhardt’s contention that the covenant not to compete he made with NES could not be assigned during a corporate sale absent some consideration. Burkhardt, Traffic Control, United, and NES all specialize in renting and selling trench shoring equipment to underground construction contractors in the greater Las Vegas area. During 1999 and 2000 …

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Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen Jan 2004

Summary Of Vest V. State, 120 Nev. Ad. Op. 75, Amanda Yen

Nevada Supreme Court Summaries

This case was an appeal from a judgment of conviction, entered pursuant to a jury verdict of one count of burglary, one count of obtaining and using personal identification information of another, one count of fraudulent use of a credit or debit card, and eight counts of possession of a credit card without the cardholder’s consent.

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Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison Jan 2004

Summary Of Walker V. District Court, 120 Nev. Adv. Op. 88, Angela Morrison

Nevada Supreme Court Summaries

Petitioner Sam Walker filed a writ of mandamus with the Nevada Supreme Court to challenge a district court order which granted a motion by the State to unseal Walker’s criminal records. The State brought its motion pursuant to Nevada Revised Statute 179.295.

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