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Articles 61 - 81 of 81
Full-Text Articles in Evidence
Summary Of Cramer V. Nev. Dep’T Of Motor Vehicles, 126 Nev. Adv. Op. No. 38, Justin Shiroff
Summary Of Cramer V. Nev. Dep’T Of Motor Vehicles, 126 Nev. Adv. Op. No. 38, Justin Shiroff
Nevada Supreme Court Summaries
The Court considers two appeals concerning NRS 50.320, which permits the use of an affidavit to prove a person’s blood-alcohol content in certain proceedings, including driver’s license revocation hearings, by a person who has been previously qualified to testify as an expert witness by a district court.
Summary Of Thomas V. Hardwick, 126 Nev. Adv. Op. No. 16, Amanda Hogeg
Summary Of Thomas V. Hardwick, 126 Nev. Adv. Op. No. 16, Amanda Hogeg
Nevada Supreme Court Summaries
A multi-faceted appeal from jury verdict entered in favor of defense in wrongful death suit.
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Herring V. United States: Mapp's "Artless" Overruling?, Michael Vitiello
Nevada Law Journal
The central thesis of this essay is that, consistent with the “art of overruling,” the Court could have limited Mapp, for example, by extending the good-faith reasonable mistake rationale that animates cases like United States v. Leon. As developed below, the facts of Herring are quite similar to the facts of other cases where the Court upheld police conduct that, although erroneous, seemed reasonable; accordingly, excluding the illegally obtained evidence had no value as a deterrent of future conduct in light of the reasonableness of the police officer's mistake. However, Herring goes much further and points towards a much greater …
Summary Of Fields V. State,125 Nev. Adv. Op. No. 36, John F. Burns
Summary Of Fields V. State,125 Nev. Adv. Op. No. 36, John F. Burns
Nevada Supreme Court Summaries
This case is an appeal from the Fourth Judicial District Court judgment of conviction of first-degree murder and conspiracy to commit murder. The appellant asserts error in admitting prior bad act evidence, error in excluding witness testimony as inadmissible extrinsic evidence, error in admitting telephone conversations subject to martial privilege, error in instructing the jury on specific intent, and improper argument by the prosecutor in closing argument.
Summary Of Fields V. State, 125 Nev. Adv. Op. No. 57, Kimberly Duque
Summary Of Fields V. State, 125 Nev. Adv. Op. No. 57, Kimberly Duque
Nevada Supreme Court Summaries
Whether the district court abused its discretion in admitting prior bad act evidence because (1) it did not fall within the common-plan-or-scheme exception or because (2) its probative value was substantially outweighed by the danger of unfair prejudice.
Summary Of Sonia F. Ex Rel. J.M. V. Dist. Ct., 125 Nev. Adv. Op. No. 38, Jason Vanmeetren
Summary Of Sonia F. Ex Rel. J.M. V. Dist. Ct., 125 Nev. Adv. Op. No. 38, Jason Vanmeetren
Nevada Supreme Court Summaries
Nevada’s rape shield law2 applies only to criminal proceedings and not civil cases. However, the district court may limit the discovery of an alleged victim’s sexual history to protect the victim’s privacy.
Summary Of Hallmark V. Eldridge, 124 Nev. Adv. Op. 48, Barbra E. Zess
Summary Of Hallmark V. Eldridge, 124 Nev. Adv. Op. 48, Barbra E. Zess
Nevada Supreme Court Summaries
Appeal from a district court judgment on a jury verdict in a personal injury action and an order denying a motion for a new trial. Plaintiff seeks a more favorable damage award alleging that the district court abused its discretion in allowing prejudicial expert testimony under NRS 50.275.
Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben
Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben
Scholarly Works
Empirical studies serve to enlighten the law, even when they simply confirm the wisdom of existing rules. Chris Guthrie's article, Misjudging, primarily serves that useful function—confirming the wisdom of existing rules—even though the author sought to establish something different. Guthrie's article applies insights from cognitive psychology to the resolution of legal disputes and presents some empirical proof of the effect of the application. He concludes that three sets of “blinders”—informational, cognitive, and attitudinal—affect the ability of judges to reach correct resolutions of disputes. He therefore recommends further appreciation of the ability of arbitration and mediation to avoid some of the …
Summary Of Bass-Davis V. Davis, 122 Nev. Adv. Op. 39, Charles R. Cordova, Jr.
Summary Of Bass-Davis V. Davis, 122 Nev. Adv. Op. 39, Charles R. Cordova, Jr.
Nevada Supreme Court Summaries
No abstract provided.
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 Bass-Davis V. Davis, 122 Nev. Adv. Op. 39, Charles R. Cordova, Jr.
Summary Of Bass-Davis V. Davis, 122 Nev. Adv. Op. 39, Charles R. Cordova, Jr.
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Rhymes V. State, 121 Nev. Adv. Op. 4 , Patrick Murch
Summary Of Rhymes V. State, 121 Nev. Adv. Op. 4 , Patrick Murch
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, pursuant to a jury verdict, on charges of lewdness with a minor under the age of fourteen.
Summary Of Jezdik V. State, 121 Nev. Adv. Op. 15, Brian Reeve
Summary Of Jezdik V. State, 121 Nev. Adv. Op. 15, Brian Reeve
Nevada Supreme Court Summaries
This case involves allegations regarding fraudulent use of a credit card and identity theft. Appellant Michael Jezdik (“Jezdik”) and the victim in this case, Anna Behran (“Behran”), met in Las Vegas in early 1997. They enjoyed a brief romantic relationship but soon parted ways. Approximately three years later, however, Jezdik and Behran rekindled their friendship. Behran told Jezdik that she wanted to purchase a home but did not know how to do so. Jezdik offered to help Behran complete an online mortgage application at his residence. Behran agreed. Throughout the mortgage applicatiosn process, Jezdik acquired access to Behran’s social security …
Summary Of Banks V. Sunrise Hospital, 120 Nev. Adv. Op. No. 89, Beth Rosenblum
Summary Of Banks V. Sunrise Hospital, 120 Nev. Adv. Op. No. 89, Beth Rosenblum
Nevada Supreme Court Summaries
No abstract provided.
Extending A Qualified Evidentiary Privilege To Confidential Communications Between Employees And Their Union Representatives, Michael D. Moberly
Extending A Qualified Evidentiary Privilege To Confidential Communications Between Employees And Their Union Representatives, Michael D. Moberly
Nevada Law Journal
No abstract provided.
Summary Of Lobato V. State, 120 Nev. Adv. Op. No. 57, Keith Brown
Summary Of Lobato V. State, 120 Nev. Adv. Op. No. 57, Keith Brown
Nevada Supreme Court Summaries
District court convictions for first-degree murder and sexual penetration of a dead body reversed and case remanded for new trial. Trial court’s exclusion of extrinsic evidence to prove potential bias of State’s witness against Defendant was reversible error, not harmless error. Although a trial court had broad discretion to control cross-examination attacking a witness’s credibility, that discretion was narrowed when bias or motive was to be shown. Unless materially related to the case and admissible on other grounds, extrinsic evidence of prior bad acts or inconsistent statements is always collateral and, therefore, inadmissible to attack credibility. But, extrinsic evidence to …
Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner
Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner
Nevada Supreme Court Summaries
No abstract provided.
Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon
Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon
Nevada Law Journal
No abstract provided.
Summary Of Meyer V. State, 119 Nev. Adv. Rep. 61, Timothy W. Roehrs
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 …
On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley
On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley
Scholarly Works
As a general rule, extrinsic evidence, whether written or oral, is not admissible to prove either the intent of the parties to a contract or the meaning of contractual terms when the parties have executed an unambiguous, fully-integrated (i.e., final and all-inclusive) written agreement. The trial court may consider various types of extrinsic evidence, however, in determining whether a particular agreement is fully integrated or ambiguous, and even in choosing among rival interpretations of an agreement where ambiguity is not present. If the trial court determines that an agreement is not fully integrated, then the trier of fact may consider …
The Paradox Of The Fresh Complaint Rule, Kathryn M. Stanchi
The Paradox Of The Fresh Complaint Rule, Kathryn M. Stanchi
Scholarly Works
This Article explores the paradox of the fresh complaint rule, evaluates the proposed solutions, and suggests a modified rule as an interim solution. Part II of this Article explores the fresh complaint rule, from its historical roots in the English common law to its evolution in the United States, with special attention to the rationale for the rule, the requirement of freshness, and the standards for the rule's application. Parts III and IV examine the paradox raised by the need for and effectiveness of the rule and its concurrent harmful effects. Part V describes proposed solutions to the paradox and …