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Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert Dec 2005

Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert

Nevada Supreme Court Summaries

A jury, selected from the third venire, convicted Gary Jerome Williams of battery with use of a deadly weapon causing substantial bodily harm on Robin Swope. On June 22, 2003, Williams and the victim (Robin Swope) engaged in an altercation after Swope saw Williams speaking to Swope’s thirteen-year-old daughter. At trial, most details of the altercation were highly disputed including, who was the initial aggressor, who produced a knife, and whether Swope used highly inflammatory language. In 1985, when he was seventeen, the State of Arkansas convicted Williams of aggravated battery, sentencing him to fifteen years confinement. The Nevada pre-sentencing …


Summary Of City Of Las Vegas V. Walsh, 121 Nev. Adv. Op. 85, 124 P.3d 203, Laura Deeter Dec 2005

Summary Of City Of Las Vegas V. Walsh, 121 Nev. Adv. Op. 85, 124 P.3d 203, Laura Deeter

Nevada Supreme Court Summaries

This case analyzes the scope of NRS 50.315(4), which allows the submission of an affidavit to prove specific facts about blood testing by experts. The scope of the affidavit was challenged as well as the Defendant’s Sixth Amendment right to confront witnesses against him.


Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove Dec 2005

Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove

Nevada Supreme Court Summaries

No abstract provided.


Salt Equalizer, Vol. 2005, Issue 4, Society Of American Law Teachers Dec 2005

Salt Equalizer, Vol. 2005, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Nancy Ehrenreich, Welcome to Our New SALT Board Members, at 1.

Beto Juarez & Holly Maguigan, Co-Presidents' Column, at 1.

Kent Greenfield, Solomon Amendment Litigation Update, at 4.

Beto Juarez, SALT and Pipeline Programs, at 4.

Margaret Martin Barry, Affirmative Action Committee Report, at 5.

Margaret Martin Barry, Follow-Up on Revised ABA Standards for Law Clinic Faculty, at 6.

Camille A. Nelson & Adele M. Morrison, Report on SALT's Third Annual Junior Faculty Development Workshop, at 6.

Jane Dolkart, SALT Annual Awards Dinner to Honor Cole, CCR, and Yamamoto …


Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni Dec 2005

Summary Of Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni

Nevada Supreme Court Summaries

Admission of expert testimony is within the sole discretion of the trial judge. Abuse of discretion does not exist where defense counsel waited until the eighth day of trial to seek to call a newly-named expert witness without sufficient justification for the delay. The Nevada Supreme Court adopts the rule against admission of witness and prosecution comments regarding a defendant’s invocation of Fourth Amendment rights when such evidence is used to support an inference of guilt. When the district court admits such evidence, this Court will determine the existence of reversible error by application of the same test used for …


Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni Dec 2005

Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni

Nevada Supreme Court Summaries

Motion to support a stay pending an appeal by security other than a supersedeas bond.


Summary Of Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster Oct 2005

Summary Of Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Canfora V. Coast Hotels & Casinos, Inc., 121 Nev. Adv. Op. 76, Daria Snadowsky Oct 2005

Summary Of Canfora V. Coast Hotels & Casinos, Inc., 121 Nev. Adv. Op. 76, Daria Snadowsky

Nevada Supreme Court Summaries

The Canforas appealed the district court’s order that they reimburse Coast Hotels in accordance with a subrogation clause and reimbursement agreement. The Canforas unsuccessfully argued that various contract and civil procedure principles precluded Coast Hotels from recovering its expenses


Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy Oct 2005

Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy

Nevada Supreme Court Summaries

A mentally handicapped female working for Safeway Stores, Inc. was sexually assaulted at work by an employee of a company that provided janitorial services for Safeway. The assaults occurred in a storage room and in the parking lot while she was gathering shopping carts. She filed a complaint against Safeway and the janitorial company, Action Cleaning, alleging five causes of action as a result of the sexual assault. The district court granted summary judgment in favor of Safeway, determining that Safeway was immune from suit because of coverage provided by the Nevada Industrial Insurance Act (the “NIIA”). The district court …


Summary Of Blake V. State, 121 Nev. Adv. Op. 77, Anna Arroyo Oct 2005

Summary Of Blake V. State, 121 Nev. Adv. Op. 77, Anna Arroyo

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Nev. Serv. Employees Union V. Orr, 121 Nev. Adv. Op. 68, Patty L. Roberts Sep 2005

Summary Of Nev. Serv. Employees Union V. Orr, 121 Nev. Adv. Op. 68, Patty L. Roberts

Nevada Supreme Court Summaries

This case is an appeal and cross-appeal from a judgment of the Eighth Judicial District Court, Clark County, granting in part and denying in part petitions for judicial review of an administrative decision by the Employee-Management Relations Board.


Summary Of Amazon.Com V. Dee Dee Magee, 121 Nev. Adv. Op. 63, Debra L. Pieruschka Sep 2005

Summary Of Amazon.Com V. Dee Dee Magee, 121 Nev. Adv. Op. 63, Debra L. Pieruschka

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Miller V. Wilfong, 121 Nev. Adv. Op. 61, Jason Peck Sep 2005

Summary Of Miller V. Wilfong, 121 Nev. Adv. Op. 61, Jason Peck

Nevada Supreme Court Summaries

The Nevada Supreme Court upheld district court ruling that awarded Wilfong’s counsel, serving pro bono, $3,000 in attorney fees. The court also held that NRS 126.171 authorizes attorney fees in paternity actions.


Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard Sep 2005

Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard

Nevada Supreme Court Summaries

Appellant agent sought review of a summary judgment from the Eighth Judicial District Court, which ruled in favor of respondent entertainer in a contract dispute.


Summary Of May V. Anderson, 121 Nev. Adv. Op. 67, Patty L. Roberts Sep 2005

Summary Of May V. Anderson, 121 Nev. Adv. Op. 67, Patty L. Roberts

Nevada Supreme Court Summaries

This case is an appeal from a judgment of the Eighth Judicial District Court, Clark County, finding a settlement agreement between the parties to be valid and entering judgment in accordance with that agreement.


Summary Of Destefano V. Berkus, 121 Nev. Adv. Op. 62, Jason Peck Sep 2005

Summary Of Destefano V. Berkus, 121 Nev. Adv. Op. 62, Jason Peck

Nevada Supreme Court Summaries

In an election dispute, Berkus filed an action for declaratory judgment pursuant to NRS 281.050 asserting DeStefano was not a resident of the district in which he was running for office. DeStefano argued that the district court lacked jurisdiction to consider Berkus’ action because NRS 293.182 provided the exclusive method for challenging a candidate’s qualifications for office.


Summary Of Gaxiola V. State, 121 Nev. Adv. Op. 64, Debra L. Pieruschka Sep 2005

Summary Of Gaxiola V. State, 121 Nev. Adv. Op. 64, Debra L. Pieruschka

Nevada Supreme Court Summaries

An appeal from a judgment of conviction, entered after jury verdict, on five counts of sexual assault of a minor under the age of fourteen years and two counts of lewdness with a child under the age of fourteen years.


Summary Of Sandstrom V. Second Judicial District Court Of Nevada, 121 Nev. Adv. Op. 65, Jarrod Rickard Sep 2005

Summary Of Sandstrom V. Second Judicial District Court Of Nevada, 121 Nev. Adv. Op. 65, Jarrod Rickard

Nevada Supreme Court Summaries

Original petition for a writ of certiorari or in the alternative a writ of mandamus challenging the district court's order reversing and remanding a justice court order granting petitioner's motion to dismiss a misdemeanor criminal complaint.


Summary Of Southern Nevada Operating Engineers V. Labor Commissioner, 121 Nev. Adv. Op. 54, Scott Mcdonald Sep 2005

Summary Of Southern Nevada Operating Engineers V. Labor Commissioner, 121 Nev. Adv. Op. 54, Scott Mcdonald

Nevada Supreme Court Summaries

The elimination of an entire class of workers from an adopted prevailing wage regulation by the Labor Commissioner (“Commissioner”) constitutes administrative rulemaking and thus requires compliance with the notice and hearing provisions of Nevada’s Administrative Procedure Act (“APA”).


Summary Of State V. Weber, 121 Nev. Adv. Op. 57, Danielle Oakley Sep 2005

Summary Of State V. Weber, 121 Nev. Adv. Op. 57, Danielle Oakley

Nevada Supreme Court Summaries

An appeal from a judgment of conviction and sentence of death, pursuant to a jury trial.


Summary Of Phillips V. State, 121 Nev. Adv. Op. 58, Patrick Murch Sep 2005

Summary Of Phillips V. State, 121 Nev. Adv. Op. 58, Patrick Murch

Nevada Supreme Court Summaries

Defendant/Appellant Donald E. Phillips ("Phillips") appealed from a jury conviction of one count each of aggravated stalking and preventing or dissuading a witness from testifying, and twelve counts of extortion.


Summary Of Dep’T Of Taxation V. Daimlerchrysler Svcs. N. Am., Llc, 121 Nev. Adv. Op. 56, Danielle Oakley Sep 2005

Summary Of Dep’T Of Taxation V. Daimlerchrysler Svcs. N. Am., Llc, 121 Nev. Adv. Op. 56, Danielle Oakley

Nevada Supreme Court Summaries

Department of Taxation (“the Department”) appealed from a district court order, which had granted DaimlerChrysler’s petition for judicial review of the Department’s decision denying DaimlerChrysler’s application for a tax refund under Nevada’s bad-debt collection statute.


Summary Of Mineral County V. State, Bd. Equalization, 121 Nev. Adv. Op. 55, Patrick Murch Sep 2005

Summary Of Mineral County V. State, Bd. Equalization, 121 Nev. Adv. Op. 55, Patrick Murch

Nevada Supreme Court Summaries

Defendant/Appellant Mineral County ("County") appealed from the district court's dismissal of its petitions for review of decisions issued by the Nevada State Board of Equalization ("State Board") under the Nevada Administrative Procedure Act ("APA"), Nevada Revised Statutes ("NRS") Chapter 233B.


Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser Sep 2005

Justice Miriam Shearing: Nevada's Trailblazing Minimalist, Mary Berkheiser

Nevada Law Journal

No abstract provided.


Relinquish Control! Why The Irs Should Change Its Stance On Exempt Organizations In Ancillary Joint Ventures, Nicholas A. Mirkay Sep 2005

Relinquish Control! Why The Irs Should Change Its Stance On Exempt Organizations In Ancillary Joint Ventures, Nicholas A. Mirkay

Nevada Law Journal

No abstract provided.


The Limits Of Utilitarianism, Reza Dibadj Sep 2005

The Limits Of Utilitarianism, Reza Dibadj

Nevada Law Journal

No abstract provided.


Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan Sep 2005

Disabilities To Exceptional Abilities: Law Students With Disabilities, Nontraditional Learners, And The Law Teacher As A Learner, Jennifer Jolly-Ryan

Nevada Law Journal

No abstract provided.


Salt Equalizer, Vol. 2005, Issue 3, Society Of American Law Teachers Sep 2005

Salt Equalizer, Vol. 2005, Issue 3, Society Of American Law Teachers

SALT Equalizer

Kent Greenfield, Solomon Amendment Litigation Update, at 1.

Beto Juarez & Holly Maguigan, Co-Presidents’ Column, at 1.

Frank Rudy Cooper, In October, a Faculty Development Workshop for Progressives, at 3.

Michael Avery, See the New National Lawyers Guild in Portland this Fall, at 4.

Charles Calleros, ABA/LSAC Diversity Pipeline Conference to be Held in November, at 5.

Nancy Cook, SALT Welcoming Events for Academy Newcomers: November in D.C. and January in New Orleans, at 7.

Eileen Kaufman, Clinicians and Alternatives to the Bar Exam, at 8.

New ABA Standards for Clinicians’ Job Security, …


Bankruptcy Filing Rates After A Major Hurricane, Robert M. Lawless Sep 2005

Bankruptcy Filing Rates After A Major Hurricane, Robert M. Lawless

Nevada Law Journal

No abstract provided.


When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald Sep 2005

When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald

Nevada Law Journal

No abstract provided.