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Summary Of Williams V. State, 121 Nev. Adv. Op. 90, Jacqueline A. Gilbert
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
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
Summary Of Bolden V. State, 121 Nev. Adv. Op. 86, Kelly Dove
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
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 Sampson V. State, 121 Nev. Adv. Op. 80, Denise S. Balboni
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 Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster
Summary Of Bennett V. Dist. Ct., 121 Nev. Adv. Op. 78, Collin Webster
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
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 Canfora V. Coast Hotels & Casinos, Inc., 121 Nev. Adv. Op. 76, Daria Snadowsky
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 Blake V. State, 121 Nev. Adv. Op. 77, Anna Arroyo
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
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 Gaxiola V. State, 121 Nev. Adv. Op. 64, Debra L. Pieruschka
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 Amazon.Com V. Dee Dee Magee, 121 Nev. Adv. Op. 63, Debra L. Pieruschka
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
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 Sandstrom V. Second Judicial District Court Of Nevada, 121 Nev. Adv. Op. 65, Jarrod Rickard
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 Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
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 Destefano V. Berkus, 121 Nev. Adv. Op. 62, Jason Peck
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 May V. Anderson, 121 Nev. Adv. Op. 67, Patty L. Roberts
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 Dep’T Of Taxation V. Daimlerchrysler Svcs. N. Am., Llc, 121 Nev. Adv. Op. 56, Danielle Oakley
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 Southern Nevada Operating Engineers V. Labor Commissioner, 121 Nev. Adv. Op. 54, Scott Mcdonald
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
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 Mineral County V. State, Bd. Equalization, 121 Nev. Adv. Op. 55, Patrick Murch
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.
Summary Of Phillips V. State, 121 Nev. Adv. Op. 58, Patrick Murch
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 Anderson V. State, 121 Nev. Adv. Op. 51, Bryce C. Loveland
Summary Of Anderson V. State, 121 Nev. Adv. Op. 51, Bryce C. Loveland
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Sheehan & Sheehan V. Nelson Malley & Co., 121 Nev. Adv. Op. 49, Kimberly Lou
Summary Of Sheehan & Sheehan V. Nelson Malley & Co., 121 Nev. Adv. Op. 49, Kimberly Lou
Nevada Supreme Court Summaries
In this case, the Nevada Supreme Court reviews the district court’s interpretation of a contractual covenant not to compete and a liquidated damages clause. The Court states that unless clearly erroneous, it will affirm a district court’s decision on whether a contract was breached or not. However, the Court does not have to use the district court’s construction of a contract to make that determination. The Court may use independent appellate review to construe contracts.
Summary Of Hosier V. State, 121 Nev. Adv. Op. 41, Robert Henriksen
Summary Of Hosier V. State, 121 Nev. Adv. Op. 41, Robert Henriksen
Nevada Supreme Court Summaries
This case is an original proper person petition for extraordinary relief, challenging the validity of Hosier’s 1990 judgment for conviction citing to Article 6, Section 4 of the Nevada Constitution.
Summary Of Bellon V. State, 121 Nev. Adv. Op. 45, 117 P.3d 176, Wayne Klomp
Summary Of Bellon V. State, 121 Nev. Adv. Op. 45, 117 P.3d 176, Wayne Klomp
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Gordon V. State, 121 Nev. Adv. Op. 51, Bryce C. Loveland
Summary Of Gordon V. State, 121 Nev. Adv. Op. 51, Bryce C. Loveland
Nevada Supreme Court Summaries
In this case, the Court considered two issues related to DUI charges against appellant. First, whether a jury may return a general guilty verdict based upon several legally sufficient theories of driving under the influence if at least one theory had sufficient evidentiary support. Second, whether the appellant was prejudiced by the State’s failure to gather evidence during its investigation. After a review of the evidence presented at trial, the Court concluded that a jury may return a general guilty verdict even when only one of several theories had sufficient support, and that the appellant here was not prejudiced by …
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Nevada Supreme Court Summaries
Appellant Szydel brought a medical malpractice claim against Dr. Markman after he left a surgical needle inside her breast following a surgical procedure. Szydel and her husband filed a malpractice claim in district court and Dr. Markman moved to dismiss because the complaint was not accompanied by a medical expert’s affidavit, as required by statute. Szydel claimed that her action was filed under Nevada’s res ipsa loquitur statute and thus did not require a medical expert’s affidavit.
Summary Of Weaver V. State, 121 Nev. Adv. Op. 50, Kimberly Lou
Summary Of Weaver V. State, 121 Nev. Adv. Op. 50, Kimberly Lou
Nevada Supreme Court Summaries
The DMV revoked Michael Weaver’s driver’s license pursuant to NRS 484.384 when an officer found him intoxicated at the site of his single vehicle accident with a blood alcohol level three times over the legal limit. Weaver alleges that NRS 484.384 violates due process by not allowing the person tested to present evidence that his or her alcohol level is based on alcohol consumed after driving.
Summary Of Southern Nevada Homebuilders Association V. Clark County, 121 Nev. Adv. Op. 46, Wayne Klomp
Summary Of Southern Nevada Homebuilders Association V. Clark County, 121 Nev. Adv. Op. 46, Wayne Klomp
Nevada Supreme Court Summaries
On a request for declaratory relief from Clark County and various citizens groups, the district court declared valid a zoning ordinance requiring a two-thirds majority vote of the Clark County Commissioners for the approval of all non-conforming zone change applications. The district court concluded on a motion for summary judgment that the ordinance was valid. Southern Nevada Homebuilders Association (“SNHA”) appealed the decision of the district court.