113 results for 'court:"Nevada Supreme Court"'.
J. Herndon grants a reporter's petition for a writ of mandamus challenging local rules of access to child custody proceedings. The reporter's access was denied due to the father's request the court seal the record. A court's failure to consider whether to close on a case-by-case basis falls short of the requirement that closure be tailored to serve a compelling interest. Because family law proceedings are presumptively open and the local rules at question preclude the court from applying the case-by-case balancing test, they are unconstitutional.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 15, 2024, Case #: 85195, Categories: Constitution, Family Law, Public Record
J. Herndon finds the trial court properly convicted defendant for first-degree murder with a deadly weapon. Surveillance video shows defendant stabbed the victim in the neck on a Las Vegas street. Defendant fails to support his argument the victim threatened him with a gun, and an emotional outburst by the victim's family during a viewing of the video is no basis for mistrial or curative instruction. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 15, 2024, Case #: 86208, Categories: Evidence, Murder, Jury Instructions
J. Cadish finds the trial court properly convicted defendant for murder. After the victim texted defendant regarding an impending drug deal, a distinctively identifiable BMW, later found to belong to defendant, arrived at the victim's location. The driver of the BMW shot into the victim's vehicle's window, and the victim was later found to be deceased. An associate of defendant's also identified him as the shooter. Evidence from another murder investigation involving defendant was relevant due to the similarity of the events. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 85784, Categories: Drug Offender, Evidence, Murder
J. Cadish finds the district court properly granted the plastic surgeon's motion for a preliminary injunction. The doctor sought the injunction to prevent a former employer from enforcing a noncompete clause and presented sufficient evidence to show entitlement to relief from enforcement of the overbroad clause. His previous employer's customers were primarily from a different city where the doctor intended to open his private practice. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 85288, Categories: Contract, Injunction
J. Cadish finds the trial court properly convicted defendant for burglary, assault on a protected person with a deadly weapon and related charges. Defendant was shot by police during the robbery of a pawn shop, sustaining injuries that left him unable to speak. He was allowed to defend himself, the court using corrections officers to read his written statements. Though the court failed to provide defendant with an interpreter, this does not warrant reversal due to the evidence supporting conviction. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 84724, Categories: Burglary, Kidnapping, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Cadish denies the state bar's petition for an order suspending J. Taylor Oblad pending the resolution of disciplinary proceedings. The attorney denies intentionally taking client funds but acknowledges irregularities in his trust account. He says he should not be suspended but should have restrictions placed on his handling of funds. The court concludes the attorney does not pose a threat of serious harm to the public and that suspension is not warranted. Discipline, though, will include that the attorney must not engage in the solo practice of law, and must obtain a forensic review of his trust account by a CPA.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 9, 2024, Case #: 87721, Categories: Accounting Malpractice, Attorney Discipline
J. Cadish finds the disciplinary panel properly recommends a 6-month suspension of David L. Mann. Record testimony of his paralegal shows she handled cases without him. Client testimony shows that continuances of hearings due to the attorney's lack of diligence affected her custody and bankruptcy cases. The attorney also testified he could not handle the custody case without his paralegal.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 9, 2024, Case #: 86549, Categories: Evidence, Attorney Discipline
J. Parraguirre finds the district court properly granted the Associated Press's anti-SLAPP special motion to dismiss Steve Wynn's defamation claim against the reporter who published a story about an alleged rape committed by him. The AP met its evidentiary burden to establish its article was a good faith communication in furtherance of the right to free speech in connection with an issue of public concern. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre , Filed On: February 8, 2024, Case #: 85804, Categories: Anti-slapp, Communications, Defamation
J. Herndon finds the district court improperly denied the former mayor's anti-SLAPP special motion to dismiss a former city manager's tortious interference with employment and civil conspiracy claims arising from her alleged wrongful termination. The district court considered only communications made by the mayor in a public forum, according to the relevant statute, without considering whether another section of the statute applied. Private conversations about an issue of public concern may be protected by anti-SLAPP statutes, and the court did not consider whether certain communications at issue were made in good faith. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 6, 2024, Case #: 84442, Categories: Anti-slapp, Employment, Government
J. Herndon finds the trial court properly granted summary judgment to the wife of the gambling strategies publisher. The casino systems manufacturer accused the publisher of redirecting funds through his wife as part of its complex claims including RICO, conspiracy, conversion, and unjust enrichment brought against several entities and individuals. The manufacturer's evidence is insufficient to raise an issue of genuine material fact the wife was engaged in civil conspiracy unrelated to a kickback scheme. Affirmed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85618, Categories: Fraud, Conversion, Racketeering
J. Herndon finds the county court properly dismissed this child custody complaint. The child was born in the Philippines to a Filipino mother and an American father. The father sought custody in the U.S. after the parents' relationship dissolved. Though the father has presented evidence the child has spent time in the U.S., her home state under the Uniform Child Custody Jurisdiction and Enforcement Act was properly found to be the Philippines. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 86347, Categories: Family Law, International Law, Guardianship
J. Herndon finds the trial court properly convicted defendant for lewdness with a 12-year-old boy and luring children with the intent to engage in sexual conduct. Ample evidence, including text messages in which defendant professed his love for the boy, and the boy's testimony that defendant told him he was discharged from the military for being a pedophile, support the conviction and were properly admitted. Defendant's neighbor also testified defendant barged into his home in search of the boy. All evidence was properly admitted, including that of prior bad acts and surrounding events. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 84957, Categories: Evidence, Sex Offender, Child Victims
[Consolidated] J. Herndon finds the trial court improperly denied the injured party's request for added damages after he was awarded damages for a spinal injury and a surgery precipitated by a collision with a semi-truck. The jury's award did not account for a second surgery necessitated by a previously placed screw having come loose. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85368 , Categories: Tort, Vehicle, Damages
[Consolidated] J. Lee finds the district court improperly found in favor of the water rights owners who claim the state engineer lacks authority to conjunctively manage waters to administer multiple basins forming the flow system at issue. The engineer did not exceed his statutory authority to combine multiple basins into one hydrographic "superbasin" based on a shared source. All respondents had adequate notice and opportunity to be heard. Affirmed in part.
Court: Nevada Supreme Court, Judge: Lee, Filed On: January 25, 2024, Case #: 84739, Categories: Administrative Law, Property, Water
J. Cadish finds the district court properly denied attorney fees for the appellate counsel. After the dentist sued the law firm for defamation, the law firm's special anti-SLAPP motion to dismiss was denied. The district court then entered summary judgment in favor of the law firm, awarding its trial counsel attorney fees, yet denying fees for its appellate counsel. The denial was based on the unsuccessful outcome of the anti-SLAPP appeal. All necessary factors were properly considered, and no abuse of discretion is found. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: January 22, 2024, Case #: 83213, Categories: Anti-slapp, Defamation, Attorney Fees
J. Stiglich finds the district court improperly terminated the father's parental rights to his minor child. Although it was reported he had abused his daughter, the abuse was never substantiated. During his incarceration on drug charges and after his release, the father has made progress with all aspects of his case plan and personal recovery. He has maintained consistent employment as a tattoo artist, and is financially capable of caring for his daughter, with whom he shares a significant connection. The district court did not address all necessary statutory considerations. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: January 22, 2024, Case #: 83605, Categories: Family Law, Guardianship
J. Stiglich finds the trial court properly convicted defendant for sexual assault and open or gross lewdness based on sufficient evidence. After a night of drinking, the victim and defendant returned to their hotel room. The victim took half a sleeping pill, fell asleep and awoke later to find defendant on top of her, digitally penetrating her and fondling her breasts, and he did not stop when asked. Exclusion of evidence of the victim's blood alcohol level was not prejudicial. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: January 19, 2024, Case #: 86062, Categories: Evidence, Sex Offender
J. Herndon dismisses the appeal for counsel's failure to timely file the docketing statement after several notices from the court. The eventual docketing statement that was filed was not in the proper format and the attorney is referred to the state bar for the investigation of his violation of the diligence rule.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 19, 2024, Case #: 86639, Categories: Due Process, Attorney Discipline
[Consolidated] J. Cadish finds the district court improperly dismissed these personal injury claims. The cab company offered the injured party the amount of $150,00, plus costs and fees, in order to obtain a stipulated dismissal. Though the company gave the injured party a check for the agreed-upon amount, it did not pay fees and costs. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: January 4, 2024, Case #: 84647, Categories: Damages, Negligence, Attorney Fees
J. Bell finds the trial court properly convicted defendant for first-degree murder and sexual assault with the use of a deadly weapon. The 16-year-old victim's corpse was found with a stab wound to the neck, strangled and wrapped in a tarp in a remote area. A used condom with defendant's and the victim's DNA was found near the body. The evidence supports the conviction and the sentence of life with the possibility of parole after 46 years. Any error involving defendant's ex-girlfriend's testimony regarding his propensity for sexual violence is harmless. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: January 4, 2024, Case #: 85331, Categories: Evidence, Murder, Sex Offender
J. Cadish finds the district court properly dismissed a petition for judicial review filed by a concealed carry permit applicant whose permit was revoked after a DUI conviction. The sheriff's application of the DUI statute preventing concealed carry certification for those convicted of DUI within the last five years shows no clear error, abuse of discretion or lack of evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: December 29, 2023, Case #: 85293, Categories: Weapons, Dui, Due Process
[Consolidated] J. Cadish reinstates briefing on certain of the eight consolidated appeals from various judgments in this contract and tort action. Once briefed, the remaining appeals shall be clustered based on related subject matter. Certain appeals are dismissed, as they concern interlocutory orders in the receivership proceeding.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 29, 2023, Case #: 85915, Categories: Tort, Contract
J. Stiglich finds the trial court improperly convicted defendant for drug trafficking. Defendant was arrested after contraband was found in his vehicle pursuant to a traffic stop for a partially obscured license plate. The license plate frame that partially obscured the word "Nevada" on the plate does not constitute foreign materials within the meaning of the applicable statute. The plate is clearly legible if the required registration information is identifiable. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 28, 2023, Case #: 85271, Categories: Drug Offender, Search
J. Stiglich finds the district court properly entered a default judgment awarding damage for emotional distress and extorted money. The internet company employee threatened to publish the CEO's personal information, extorting money and cryptocurrency. Although the extortion claim was not properly pleaded in the action, the claim is supported by theories of conversion and unjust enrichment.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 28, 2023, Case #: 85214, Categories: Tort, Emotional Distress, Civil Extortion
J. Herndon finds the trial court properly convicted defendant for two counts of first-degree murder with a deadly weapon. Defendant was charged after he reported his having fatally shot his 70-year-old neighbor and her friend. Though defendant had a tumultuous relationship with the victims for many years, substantial evidence, including surveillance video, supports the finding that defendant shot the unarmed victims in the head during an argument, while no evidence supports his claims of self-defense. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85120, Categories: Evidence, Murder, Prosecutorial Misconduct
[Consolidated] J. Herndon finds the trial court properly found in favor of the insured in a car collision-related dispute. The insurer failed to properly investigate the accident, and the jury's finding, based on substantial evidence, will not be overturned. Although the $150,000 in compensatory stands, the more than $1 million in punitive damages must be reversed because the trial court improperly allowed irrelevant testimony regarding other lawsuits against the company. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85090, Categories: Evidence, Insurance, Contract
J. Stiglich denies the board of regent's petition for a writ of mandamus, which seeks to preclude the district court's exercise of jurisdiction over the students' breach of contract and unjust enrichment claims arising from the board's changing of in-person classes to online classes during the Covid-19 pandemic. The district court denied the board's motion to dismiss, emphasizing that though its findings were not conclusive, the students' pleadings were sufficient to defeat the motion pending further discovery.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 22, 2023, Case #: 84859, Categories: Education, Covid-19, Contract
[Consolidated] J. Herndon finds the trial court improperly entered a complex post-judgment order involving the patient's motion to retax and settle costs, and denying the doctor's motion for attorney fees. The patient whose uterine and intestinal walls were perforated during a hysteroscopy challenges the court's decision to admit evidence of her informed consent. The doctor was incorrectly allowed to present evidence involving informed consent when the patient did not raise a claim based on lack of consent. Though assumption-of-risk evidence may be relevant in certain cases, the defense is improper where consent is uncontested. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 21, 2023, Case #: 84492, Categories: Evidence, Medical Malpractice, Attorney Fees