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In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl
In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl
Nevada Supreme Court Summaries
The Nevada Supreme Court held that (1) requiring a parent to admit guilt to a criminal act in order to maintain his or her parental rights violates that parent’s Fifth Amendment rights; and (2) substantial evidence must demonstrate that terminating parental rights is in the best interest of the children when a parent overcomes the presumptions in NRS 128.109(1)-(2).
Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez
Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez
Nevada Supreme Court Summaries
The Court held that, without notice, a permanent change to custody and visitation violates due process rights, and the affected party must be given the opportunity to respond and rebut the evidence. Further, when the district court conducts an alternative interview with a child, the interviews must be recorded and comply with the Uniform Child Witness Testimony by Alternative Methods Act.
Anselmo V. Bisbee, 133 Nev. Adv. Op. 45 (Jun. 29, 2017), Marco Luna
Anselmo V. Bisbee, 133 Nev. Adv. Op. 45 (Jun. 29, 2017), Marco Luna
Nevada Supreme Court Summaries
The Nevada Parole Board can deny parole for any reason authorized by regulation or statute. However, inmates do have a statutory right to have a parole hearing under NRS 213.140(1). Therefore, in limited cases where the Nevada Parole Board clearly misapplied its own internal guidelines in assessing whether to grant parole to an inmate, a new parole hearing is warranted.