Law Commons^™

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

Nevada Supreme Court Summaries

No abstract provided.

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

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

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

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

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

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

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

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

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

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

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.

Workers’ Compensation And Vocational Rehabilitation Benefits For Undocumented Workers: Reconciling The Purported Conflicts Between State Law, Federal Immigration Law, And Equal Protection To Prevent The Creation Of A Disposable Workforce, Robert I. Correales

Scholarly Works

This Article argues that sound public policy supports states providing vocational rehabilitation services to undocumented workers who have been injured in work-related accidents. Part I of the Article provides context by analyzing some of the complexities of undocumented immigrants’ lives in the United States. Part II discusses the history and economics of vocational rehabilitation programs established by workers’ compensation systems. Part III discusses ways in which immigration law and enforcement contribute to the formation of this shadow population. Part IV analyzes purported conflicts between vocational rehabilitation programs and the Immigration Reform Control Act of 1986 as they arose in Tarango …

Fundamentalism From The Perspective Of Liberal Tolerance, Leslie C. Griffin

Scholarly Works

No abstract provided.

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.

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Scholarly Works

There is no requirement of democratic theory that mandates that all public offices be filled by election. This is particularly true in modern democratic states, which are simply too large to justify the administrative burden of electing everyone who has significant responsibilities in our society.

Examples of this are everywhere in modern democracies, such as the United States and Europe. In England, for example, the Prime Minister is not directly elected by the people. Does this mean Great Britain has ceased to be a democracy? In most large, sophisticated nation-states, national cabinet officers have great power but are the political …

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

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

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

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

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

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

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

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

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

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

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 …

Traditional Equity And Contemporary Procedure, Thomas O. Main

Scholarly Works

This Article offers extensive background on the development and eventual merger of the regimes of law and equity, and suggests that the procedural infrastructure of a unified system must be sufficiently elastic to accommodate the traditional jurisdiction of equity. As the Federal Rules of Civil Procedure become increasingly more elaborate and technical, strict application of those procedural rules can generate mischievous results and hardship. This Article suggests that equity remains a source of authority for district judges to avoid the application of a procedural rule when technical compliance would produce an inequitable result. A separate system of equity provided a …

The Working Poor Are Paying For Government Benefits: Fixing The Hole In The Anti-Poverty Purse, Francine J. Lipman

Scholarly Works

No abstract provided.