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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 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 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 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 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 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.


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 …


Summary Of Daniel V. State, Clarke Walton Jan 2003

Summary Of Daniel V. State, Clarke Walton

Nevada Supreme Court Summaries

Appellant, Donald M. Mosely, shot and killed Frederick Washington and Mark Payne. At the same time, Terhain Woods and Antione Hall were also shot by Mosely, but both survived. On July 28, 1997, Moseley was convicted in district court of firstdegree murder, attempted murder with use of a deadly weapon, and burglary while in possession of a firearm. During Mosely’s trial, a number of errors occurred, which brought rise to this appeal. Because of these cumulative errors, the Nevada Supreme Court reversed appellant’s conviction and remanded the case for a new trial. In analyzing the issues raised by appellant on …


Summary Of Houston V. Bank Of America Federal Savings Bank, Amy A. Johnson Jan 2003

Summary Of Houston V. Bank Of America Federal Savings Bank, Amy A. Johnson

Nevada Supreme Court Summaries

Appellants Edward R. Houston and Regina Houston paid David Boone $740,000 for investment services, which Boone converted to his own use. In May 1998, Boone and his wife Donna divorced and Boone quitclaimed real property to Donna. Norwest Mortgage, Respondent Bank of America’s predecessor, held a deed of trust on the real property for $342,000. That same month, the Houstons filed a complaint against Boone to recover their $740,000. The Houstons filed a notice of lis pendens in the Clark County Recorder’s Office on June 1, 1998 and filed an ex parte motion with the district court directing the issuance …


Summary Of In The Matter Of T.R. V. Nevada Div. Of Child And Family Services, 119 Nev. Adv. Op. 67, Kathleen Hamers Jan 2003

Summary Of In The Matter Of T.R. V. Nevada Div. Of Child And Family Services, 119 Nev. Adv. Op. 67, Kathleen Hamers

Nevada Supreme Court Summaries

T.R., a fourteen-year-old boy at the time of the incident, was charged with sodomy against a four-year-old boy, forcing the boy to orally copulate him, and orally copulating the boy. An evidentiary hearing was conducted by a district court hearing master who concluded that there was clear and convincing evidence T.R. sodomized the four-year-old boy, and that he forced the four-year-old boy to orally copulate him. The district court agreed with the hearing master, entered an order with the hearing master’s findings, and dismissed the remaining charge. T.R. moved for a rehearing based on inadmissible and unreliable hearsay statements, which …


Summary Of John V. Douglas County Sch. Dist., 125 Nev. Adv. Op. 55, Derrick Harris Jan 2003

Summary Of John V. Douglas County Sch. Dist., 125 Nev. Adv. Op. 55, Derrick Harris

Nevada Supreme Court Summaries

Appeal from a Ninth Judicial District Court order granting a special motion to dismiss under Nevada’s anti-SLAPP statute, in an employment matter.


Summary Of Las Vegas Downtown Redev. Agency V. Pappas, Sally L. Galati Jan 2003

Summary Of Las Vegas Downtown Redev. Agency V. Pappas, Sally L. Galati

Nevada Supreme Court Summaries

In November 1985, the City of Las Vegas Downtown Redevelopment Agency (Agency) was created to evaluate and determine whether redevelopment was necessary to combat physical, social, or economic blight in various sections of the city. The Agency identified conditions in downtown Las Vegas constituting “blight” within the definition of NRS §279.388, and considered and approved a redevelopment plan (Plan) with the purpose of eliminating blight and to encourage businesses and individuals to return to a safe downtown area with adequate parking and facilities. Although the Pappases’ property was included within the Plan, no one, including the Pappases, challenged the Plan …


Summary Of Nittinger V. Holman, Cami Perkins Jan 2003

Summary Of Nittinger V. Holman, Cami Perkins

Nevada Supreme Court Summaries

Respondents, Dedric Holman and Christina Edwards, were gambling at the Gold Coast Hotel when a physical confrontation arose between John Nittinger, a security guard, and Holman. When Holman tried to run, security officers pursued him and held him to the ground. According to Holman’s testimony, the guards made racial slurs, punched, kicked and beat him. The security shift supervisor was present during part of the incident. The district court instructed the jury that it could find the Gold Coast liable for punitive damages if a “managerial agent” authorized or ratified the guards’ conduct. The jury awarded respondents $198,000 in compensatory …


Summary Of Preferred Equities Corp. V. State Eng’R, James Davis Jan 2003

Summary Of Preferred Equities Corp. V. State Eng’R, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Fifth Judicial District Court, State of Nevada, denying petition for judicial review of State Engineer Ruling No. 4499. State Engineer Ruling No. 4499 rejected Petitioner’s application to change the diversion point and usage of certain water rights that they owned. Denial of application was based on mootness; applicant no longer owned water rights in question.


Summary Of Salazar V. State, Rick Rawson Jan 2003

Summary Of Salazar V. State, Rick Rawson

Nevada Supreme Court Summaries

Appeal from district court judgment of conviction on one count of battery with use of a deadly weapon with substantial bodily harm, one count of battery with a deadly weapon, and one count of mayhem with use of a deadly weapon.


Summary Of State V. Dist. Ct., 119 Nev. Adv. Op. 68, Kathleen Hamers Jan 2003

Summary Of State V. Dist. Ct., 119 Nev. Adv. Op. 68, Kathleen Hamers

Nevada Supreme Court Summaries

Petition for writ of mandamus to prevent enforcement of family court order compelling release of names and addresses of the natural and adoptive parents of the siblings of A.M.S. (real party in interest), a minor child.


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.