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Full-Text Articles in Evidence

Summary Of State V. Kincade, 129 Nev. Adv. Op. 102, Shaina Plaksin Dec 2013

Summary Of State V. Kincade, 129 Nev. Adv. Op. 102, Shaina Plaksin

Nevada Supreme Court Summaries

The Court determined whether the district court properly excluded evidence seized pursuant to a search warrant that did not comply with NRS 179.045(5) because it failed to include either a statement of probable cause or the affidavit upon which probable cause was based.


Summary Of Perez V. State, 129 Nev. Adv. Op. 90, Collin Jayne Nov 2013

Summary Of Perez V. State, 129 Nev. Adv. Op. 90, Collin Jayne

Nevada Supreme Court Summaries

The Court determined the admissibility of expert testimony on “grooming behavior” by accused sexual offenders and the effect that this behavior has on child victims.


Summary Of Holmes V. State, 129 Nev. Adv. Op. 59, Brian Vasek Aug 2013

Summary Of Holmes V. State, 129 Nev. Adv. Op. 59, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether the fairness of a criminal trial was compromised by the district court’s admission into evidence of: (1) rap lyrics that the accused wrote while in jail; (2) a co-conspirator’s out-of-court statement that the accused “went off” and “just started shooting”; and (3) unwarned statements that the accused made to Nevada detectives who interviewed him out of state.


Summary Of Rugamas V. Eighth Judicial District Court, 129 Nev. Adv. Op. 46, Brittany K. Puzey Jul 2013

Summary Of Rugamas V. Eighth Judicial District Court, 129 Nev. Adv. Op. 46, Brittany K. Puzey

Nevada Supreme Court Summaries

Original petition for a writ of mandamus or prohibition challenging a district court order denying a pretrial petition for a writ of habeas corpus based on alleged deficiencies in the grand jury proceedings.


Summary Of Newman V. State, 129 Nev. Adv. Op. 24, Sara Stephan Apr 2013

Summary Of Newman V. State, 129 Nev. Adv. Op. 24, Sara Stephan

Nevada Supreme Court Summaries

Appeal from a jury conviction in the Second Judicial District Court, Washoe County, of battery by strangulation and willfully endangering a child as a result of child abuse. The Nevada Supreme Court addressed two issues both rooted in NRS 48.045’s prohibition against using character or prior-bad-act evidence to prove criminal propensity. The defendant did not mount a conventional accidental injury defense to the child abuse charge and admitted to possessing an aggressive character, eliminating the relevance for evidence showing this to be true.


Summary Of Tri-County Equipment & Leasing V. Klinke, 128 Nev. Adv. Op. No. 33, Daniella Labounty Jun 2012

Summary Of Tri-County Equipment & Leasing V. Klinke, 128 Nev. Adv. Op. No. 33, Daniella Labounty

Nevada Supreme Court Summaries

The court considered whether proof of workers’ compensation payments paid in California could be admitted into evidence in a personal injury action in Nevada. Because both states have statutes governing this issue, the Court decided that the Nevada statute shall govern. Applying Nevada law, the Court concluded that evidence of the actual amount of the benefits paid should be admitted and a clarifying jury instruction should have been given.


Summary Of Davis V. Beling, 128 Nev. Adv. Op. No. 28, Colin Seale Jun 2012

Summary Of Davis V. Beling, 128 Nev. Adv. Op. No. 28, Colin Seale

Nevada Supreme Court Summaries

The Court considered, on appeal, whether a court can admit evidence of compromise offers within real estate transactions for the purpose of demonstrating a failure to mitigate damages. Further, it considered whether real estate licensees are shielded from all forms of common law liability. Lastly, the Court considered whether compensatory damages should include diminution-in-value for a claim alleging fraud, whether carrying costs as consequential damages should be limited by the economic loss doctrine, and whether the district court erred in denying attorney’s fees provided for in listing and purchase agreements to the prevailing party.


Summary Of Bigpond Vs. Nevada, 128 Nev. Advanced Opinion No. 10, Emily Navasca Mar 2012

Summary Of Bigpond Vs. Nevada, 128 Nev. Advanced Opinion No. 10, Emily Navasca

Nevada Supreme Court Summaries

The Court considered an appeal from a district court regarding admission of evidence of “other crimes, wrongs or acts” for non-propensity purposes not listed in NRS 48.045(2).


Summary Of Reno Newspapers V. Gibbons, 125 Nev. Adv. Op. 23, Daniel M. Ryan Dec 2011

Summary Of Reno Newspapers V. Gibbons, 125 Nev. Adv. Op. 23, Daniel M. Ryan

Nevada Supreme Court Summaries

The Court considers whether after a public records lawsuit commences, when a party requests records from a state entity, and that state entity withholds the requested records, is the requesting party entitled to a log containing a factual description of each withheld record and a legal basis for nondisclosure. Also, the Court considers what the state entity withholding records is required to provide to the requesting party in prelitigation situations.


Summary Of Williams V. Dist. Ct., 127 Nev. Adv. Op. No. 45, Ryan Johnson Jul 2011

Summary Of Williams V. Dist. Ct., 127 Nev. Adv. Op. No. 45, Ryan Johnson

Nevada Supreme Court Summaries

Two consolidated petitions for writs of mandamus dealing with the admission of evidence and expert medical testimony.


Summary Of Cramer V. Nev. Dep’T Of Motor Vehicles, 126 Nev. Adv. Op. No. 38, Justin Shiroff Oct 2010

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 May 2010

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.


Summary Of Fields V. State,125 Nev. Adv. Op. No. 36, John F. Burns Dec 2009

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 Dec 2009

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 Sep 2009

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 Jul 2008

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.


Summary Of Bass-Davis V. Davis, 122 Nev. Adv. Op. 39, Charles R. Cordova, Jr. May 2006

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 Dec 2005

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. Aug 2005

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 Mar 2005

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 Jan 2005

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 Dec 2004

Summary Of Banks V. Sunrise Hospital, 120 Nev. Adv. Op. No. 89, Beth Rosenblum

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Lobato V. State, 120 Nev. Adv. Op. No. 57, Keith Brown Sep 2004

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 Dec 2003

Summary Of Barry V. Lindner, 119 Nev. Adv. Op. No. 45, Matt Wagner

Nevada Supreme Court Summaries

No abstract provided.


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 …