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Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young Dec 2003

Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court order granting in part and denying in part Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.


Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner Dec 2003

Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Seres V. Lerner, 120 Nev. Adv. Op. 95, Sally L. Galati Dec 2003

Summary Of Seres V. Lerner, 120 Nev. Adv. Op. 95, Sally L. Galati

Nevada Supreme Court Summaries

The sister of a manslaughter victim, on her mother’s behalf, brought an action against the felon, who wrote a book regarding the killing of the victim, seeking to recover the felon’s book proceeds under the Nevada “Son of Sam” law. The district court found the applicable Nevada statute to be unconstitutional and dismissed the plaintiff’s action. Plaintiff appealed.


Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati Dec 2003

Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati

Nevada Supreme Court Summaries

Defendant appealed from a judgment of conviction for one count of burglary following a jury verdict. Defendant’s primary contention was that the district court erred in refusing his proffered jury instruction on the lesser crime of trespass.


Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal Aug 2003

Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal

Nevada Supreme Court Summaries

General contractor’s petition for writ of mandamus or certiorari against partial summary judgment granted by the First Judicial District Court, State of Nevada, dismissing mechanic’s lien against property owner.


Summary Of Maki V. Chong, 119 Nev. Adv. Op. No. 46, Hilary Barrett Aug 2003

Summary Of Maki V. Chong, 119 Nev. Adv. Op. No. 46, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order applying the statutory homestead exemption to a debtor’s real property.


Summary Of Camacho V. State, 119 Nev. Adv. Op. No. 47, Hilary Barrett Aug 2003

Summary Of Camacho V. State, 119 Nev. Adv. Op. No. 47, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a judgment of conviction and sentence entered after a guilty plea.


Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal Aug 2003

Summary Of Dayside Inc. V. District Court, 119 Nev. Adv. Op. No. 48, Nevada Law Journal

Nevada Supreme Court Summaries

General contractor’s petition for writ of mandamus or certiorari against partial summary judgment granted by the First Judicial District Court, State of Nevada, dismissing mechanic’s lien against property owner.


Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis Aug 2003

Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, State of Nevada, finding that Defendant and underlying landowner was the rightful owner of a former railroad right-of-way under 43 U.S.C.S. §912, because the underlying landowner had purchased the underlying land and right-of-way from the railroad, which had been granted the right-of-way by the United States.


Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett Aug 2003

Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a property owner’s complaint for failure to state a claim upon which relief can be granted.


Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett Aug 2003

Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in a quiet title action.


Summary Of State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep Jun 2003

Summary Of State V. Bayard, 119 Nev. Adv. Op. No. 29, Melanie Koep

Nevada Supreme Court Summaries

Expedited appeal from an order of the Second Judicial District Court, State of Nevada, granting a motion to suppress evidence of narcotics obtained by searching defendant after arrest for two minor traffic violations.-flas


Summary Of Buchanan V. State, Akke Levin Jan 2003

Summary Of Buchanan V. State, Akke Levin

Nevada Supreme Court Summaries

Appeal from a judgment by the Second Judicial District Court of Washoe County, convicting Denise Dianna Buchanan of two counts of first-degree murder.


Salt On The Lsat, Society Of American Law Teachers Jan 2003

Salt On The Lsat, Society Of American Law Teachers

Statements

In 2003, Society of American Law Teachers issued a statement in which SALT expressed a concern with over-reliance on the LSAT and provided proposals for reform.


Summary Of Edington V. Edington, 119 Nev. Adv. Rep. 62, Z. Ryan Pahnke Jan 2003

Summary Of Edington V. Edington, 119 Nev. Adv. Rep. 62, Z. Ryan Pahnke

Nevada Supreme Court Summaries

Appeal from a district court order denying a motion to modify a divorce decree and denying a motion for attorney fees.


Summary Of Harris Assoc. V. Clark County Sch. Dist., Beth Rosenblum Jan 2003

Summary Of Harris Assoc. V. Clark County Sch. Dist., Beth Rosenblum

Nevada Supreme Court Summaries

Appeal from a judgment by the Eighth Judicial District Court, State of Nevada, denying the appellant’s motion to compel arbitration.


Summary Of Huntington V. Mila, Incorporated, Amy A. Johnson Jan 2003

Summary Of Huntington V. Mila, Incorporated, Amy A. Johnson

Nevada Supreme Court Summaries

Appeal from an Eighth Judicial District Court, Las Vegas Nevada order certified as final under NRCP 54(b) granting Respondent Mila’s motion for partial summary judgment to dismiss Appellant Huntington’s third party complaint.


Summary Of Hathaway V. State, Melanie Koep Jan 2003

Summary Of Hathaway V. State, Melanie Koep

Nevada Supreme Court Summaries

Proper person appeal from an order of the Eighth Judicial District Court, Honorable John S. McGroarty, denying appellant’s post-conviction petition for writ of habeas corpus.


Summary Of Mack V. State, Kristen L. Gallagher Jan 2003

Summary Of Mack V. State, Kristen L. Gallagher

Nevada Supreme Court Summaries

A neighbor found Betty May murdered in her room at a boarding house. An autopsy determined that May died by strangulation and suffered a traumatic sexual penetration just prior to her death. Semen and blood samples were taken from May’s body and clothing at the time of her death, and after twelve years passed, a detective ordered DNA testing of the evidence. Defendant Daryl Linnie Mack was charged with the first-degree murder of Betty May. Law enforcement obtained a blood and saliva sample from Mack at two different times during the investigation. Both the semen and the blood stains matched …


Summary Of Meridian Gold Co. V. State Ex Rel Dep’T Of Tax., Beth Rosenblum Jan 2003

Summary Of Meridian Gold Co. V. State Ex Rel Dep’T Of Tax., Beth Rosenblum

Nevada Supreme Court Summaries

Appeal from judgment of the Second Judicial District Court, Washoe County, affirming a Nevada Department of Taxation tax deficiency determination.


Summary Of Matter Of T.R., 119 Nev. Adv. Op. 67, Kathleen Hamers Jan 2003

Summary Of Matter Of T.R., 119 Nev. Adv. Op. 67, Kathleen Hamers

Nevada Supreme Court Summaries

Appeal from the Eighth Judicial District Court, Family Court Division order finding a juvenile delinquent for sexual assault of a victim under the age of fourteen.


Summary Of Sellers V. Fourth Judicial Dist. Ct., Nevada Law Journal Jan 2003

Summary Of Sellers V. Fourth Judicial Dist. Ct., Nevada Law Journal

Nevada Supreme Court Summaries

The real party in interest Richard Matthews brought an action for unpaid attorney’s fees against the petitioner Dean Sellers in Elko, Nevada’s Justice Court. Both Matthews, an attorney, and Sellers, a non-attorney, represented themselves. The court entered judgment for Matthews. The award included Matthews’ principle claim of $5,075.00, pre-judgment interest, costs of $230.001 and attorney’s fees of $1,500.002. Sellers unsuccessfully appealed to the District Court.3 Subsequently, Sellers filed a proper person petition for a writ of certiorari in the Nevada Supreme Court. The petition challenged the justice court’s judgment awarding damages, pre-judgment interest, costs and attorney fees. The court granted …


Summary Of State V. Gameros-Perez, Mike Feliciano Jan 2003

Summary Of State V. Gameros-Perez, Mike Feliciano

Nevada Supreme Court Summaries

Jose Simon Gameros-Perez and Isidro Benitez-Medina, Respondents, were believed to be in possession of illegal narcotics and paraphernalia in their apartment. The Washoe County Sheriff telephonically applied for and obtained a warrant to search the respondents’ apartment pursuant to NRS 179.045(2). The magistrate issued the warrant based on sworn oral statements that were later transcribed. The warrant contained a statement that probable cause existed to believe the respondents were in possession of illegal narcotics and paraphernalia. It did not, however, contain an actual recitation of the probable cause for the search. Upon execution of the warrant, heroin was found in …


Summary Of Vermef V. Boulder City, 119 Nev. Adv. Rep. 60, Justen Ericksen Jan 2003

Summary Of Vermef V. Boulder City, 119 Nev. Adv. Rep. 60, Justen Ericksen

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in favor of the city after a homeowner filed a claim alleging faulty construction of a drainage channel was the proximate cause of flood damage to his house.


Summary Of West V. State, Amanda Yen Jan 2003

Summary Of West V. State, Amanda Yen

Nevada Supreme Court Summaries

On February 5, 2001, the general manager of Canyon Gate Mini Storage discovered the decomposing body of Christine Smith in the storage unit owned by Smith and her daughter, appellant Brookey Lee West. Smith’s body was sealed in a garbage can wrapped with duct tape, garbage bags and cellophane wrap. A white plastic bag, knotted at the back of her head, covered Smith’s nose and mouth. Upon searching West’s apartment, police discovered Smith’s bank statements. The police determined that there were numerous ATM withdrawals on Smith’s bank account after February 1998, when Smith was last seen alive. West was charged …


The Rise And Spread Of Mandatory Arbitration As A Substitute For The Jury Trial, Jean R. Sternlight Jan 2003

The Rise And Spread Of Mandatory Arbitration As A Substitute For The Jury Trial, Jean R. Sternlight

Scholarly Works

THE CIVIL JURY trial is fast disappearing from our legal landscape, and one important reason for its disappearance is the rapid growth of mandatory arbitration. Yet, the imposition of mandatory arbitration eliminates the civil jury, and often this elimination is not made through a knowing, voluntary, or intelligent waiver. As I have argued elsewhere in greater detail, unless federal courts are generally willing to abandon the Seventh Amendment "knowing/voluntary/intelligent" civil jury trial waiver standard, they need to significantly revise their approach to mandatory arbitration clauses. If a given state allows the civil jury trial right to be waived through a …


"Venn" And The Art Of Shared Governance, Nancy B. Rapoport Jan 2003

"Venn" And The Art Of Shared Governance, Nancy B. Rapoport

Scholarly Works

This article discusses the concept of shared governance in the context of a law school that is part of a university. It argues that the governance of a law school is a shared process between the dean/administration and the faculty. It explains why law schools can't be run the way that businesses are run, and it tries to explain governance in terms of jurisdiction.


An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel Jan 2003

An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel

Scholarly Works

On July 30, 2002, President Bush signed the Sarbanes-Oxley Act of 2002, H.R. 3763, well-publicized in the press as a legislative response to the perceived excesses of corporate America: Enron; WorldCom; Tyco; Global Crossing, etc.

The Sarbanes-Oxley Act of 2002 contains an array of provisions affecting lawyers as professionals serving businesses and contains one provision that will clearly impact corporate counsel in the ethical discharge of their duties. Section 307 of the Act and the recently released Proposed Roles of the Securities Exchange Commission regarding lawyer duties and implementation of Section 307 require counsel to go "up the ladder," to …


Forgetfulness, Fuzziness, Functionality, Fairness And Freedom, In Dispute Resolution, Jeffrey W. Stempel Jan 2003

Forgetfulness, Fuzziness, Functionality, Fairness And Freedom, In Dispute Resolution, Jeffrey W. Stempel

Scholarly Works

Professor Subrin is a self-professed traditionalist who has been one of the most forceful defenders of what I might term neo-traditional “Clarkian” litigation. By that, I mean the model of civil disputing in which litigation is a primary vehicle. More important, the litigation is based on notice pleading, broad discovery, and a preference for adjudication on the merits.

Key Subrin works over the years have focused on the historical path of the Clarkian model, which served to fuel much of the law revolution of the mid-Twentieth Century, to the “new era” of civil procedure and dispute resolution that dominated the …


Summary Of Meyer V. State, 119 Nev. Adv. Rep. 61, Timothy W. Roehrs Jan 2003

Summary Of Meyer V. State, 119 Nev. Adv. Rep. 61, Timothy W. Roehrs

Nevada Supreme Court Summaries

“The right to trial by jury, if it is to mean anything, must mean the right to a fair and impartial jury. A litigant is therefore entitled to a jury composed of 12 impartial jurors; …a party has the right to have that decision, whether for or against him, based on the honest deliberations of 12 such individuals.”2 The legitimacy of our justice system hinges on the fact that the results of trials, as dictated by a jury of one’s peers, remain free from the taint of extrinsic evidence and are grounded solely on the evidence presented by the parties …