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- Art. 1 Sec. 8(6) (1)
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Articles 1 - 9 of 9
Full-Text Articles in Law
Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey
Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey
Nevada Supreme Court Summaries
The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.
Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca
Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca
Nevada Supreme Court Summaries
The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.
Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp
Berry V. State, 131 Nev. Adv. Op. No. 96 (Dec. 24, 2015), Brittany L. Shipp
Nevada Supreme Court Summaries
The issue before the Court was an appeal from a district court order dismissing a post-conviction petition for writ of habeas corpus. The Court reversed and remanded holding that the district court improperly discounted the declarations in support of the appellant’s petition, which included a confession of another suspect, whom the petitioner implicated as the real perpetrator at trial. The Court held that these declarations were sufficient to merit discovery, and an evidentiary hearing on Petitioner Berry’s gateway actual innocence claim.
Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan
Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan
Nevada Supreme Court Summaries
For the State Engineer to grant water rights applications, there must be evidence to support the decision and the new rights must not substantially conflict with existing rights. On appeal from the District Court, the Court found no evidence to support the granted application, and held the use of Respondent’s rights would severely impact the water table. The Court reversed and remanded the case for proceedings consistent with the opinion.
Summary Of Nevada Department Of Transportation V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 41 (June 25, 2015), Jessica Gandy
Summary Of Nevada Department Of Transportation V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 41 (June 25, 2015), Jessica Gandy
Nevada Supreme Court Summaries
The Court determined, pursuant to the U.S. Constitution, as well as the Nevada Constitution, there was no taking of Ad America’s property because the Nevada Department of Transportation publicly disclosed its plan to comply with federal law, the City independently acquired property that was part of Project Neon, and the City rendered land use application decisions conditioned on coordination with the Nevada Department of Transportation for purposes of Project Neon.
Summary Of Manning V. State, 131 Nev. Adv. Op. 26 (May 7, 2015), Scott Lundy
Summary Of Manning V. State, 131 Nev. Adv. Op. 26 (May 7, 2015), Scott Lundy
Nevada Supreme Court Summaries
The Court held that it is a constitutional error when the district court fails to notify and confer with the parties when the court receives and responds to a note from the jury indicating that they are deadlocked. The Court further held such error will be reviewed for harmlessness beyond a reasonable doubt.
Summary Of Pitmon V. State, 131 Nev. Adv. Op. 16 (Mar. 26, 2015), Aleem Dhalla
Summary Of Pitmon V. State, 131 Nev. Adv. Op. 16 (Mar. 26, 2015), Aleem Dhalla
Nevada Supreme Court Summaries
The Court determined that (1) NRS 176.035(1) was not unconstitutionally vague, (2) is its grant of discretion to district court judges was not unconstitutionally arbitrary, and (3) Nevada’s sentencing scheme does provide meaning appellate review of district court sentencing.
Summary Of Torres V. The State Of Nevada, 131 Nev. Adv. Op. 2, Jenn Odell
Summary Of Torres V. The State Of Nevada, 131 Nev. Adv. Op. 2, Jenn Odell
Nevada Supreme Court Summaries
The Court determined (1) an investigative stop under NRS 171.123 is transformed into an illegal seizure in violation of the Fourth Amendment when an officer retains a pedestrian’s identification after the suspicion for the original encounter is cured and there is no longer reasonable suspicion to detain the pedestrian; (2) without reasonable suspicion, the discovery of an arrest warrant cannot purge the taint from an illegal seizure.
Summary Of Buzz Stew, Llc V. City Of North Las Vegas, Nevada, 131 Nev. Adv. Op. 1, Stacy Newman
Summary Of Buzz Stew, Llc V. City Of North Las Vegas, Nevada, 131 Nev. Adv. Op. 1, Stacy Newman
Nevada Supreme Court Summaries
The Court determined that (1) in Buzz Stew I, the Court found no taking occurred under Art. 1 Sec. 8(6) of the Nevada Constitution, and Buzz Stew did not properly amend their complaint to pursue a new taking claim, and (2) a new trial is unwarranted because Buzz Stew cannot prove a taking and the district court did not clearly err by refusing to find a taking and awarding costs to the City.