112 results for 'court:"Nevada Supreme Court"'.
Per curiam, the Nevada supreme court grants the petition for a writ of mandamus challenging the denial of a petition for temporary guardianship over minor children. The grandparents filed a petition for general guardianship, explaining that the children had been exposed to unsafe conditions living with their mother and her new partner with a criminal background. The petition was denied without prejudice for failure to provide proof of proper service. The mother filed an objection, and the children filed to appoint the grandparents as temporary guardians pending a decision on general guardianship. The court denied the petition without a hearing, failing to give the request consideration.
Court: Nevada Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: 88027, Categories: Family Law, Due Process, Guardianship
J. Lee finds the district court improperly determined the manager of the LLC was the alter ego of the company, holding him personally liable for slip and fall injuries sustained on company property. The alter ego analysis requires the court make specific findings as to influence and governance, unity of interest and ownership between the alleged alter ego and the company, and whether adherence to the idea of separate entities would sanction fraud or promote injustice. The court's findings as to these factors are not supported by substantial evidence. Reversed.
Court: Nevada Supreme Court, Judge: Lee , Filed On: April 18, 2024, Case #: 84800, Categories: Business Expectancy, Premises Liability
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: Administrative Law, Elections, Health Care
J. Pickering finds the juvenile court improperly certified the juvenile for murder and robbery proceedings as an adult. The 14-year-old, with an IQ of 66, was originally found incompetent, followed by competency-restoration before he was eventually declared competent. The juvenile court did not address conflicting expert testimony as to the juvenile's understanding of the proceedings and ability to assist counsel. The court applied juvenile-court-specific competency standards, emphasizing there is no right to a jury trial in juvenile delinquency adjudication. Vacated.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 18, 2024, Case #: 84563, Categories: Competence, Juvenile Law, Murder
J. Stiglich finds the district court properly found for the property owner who claims his use of his property was denied. Before either property owners in this dispute acquired their land, a wall had been erected between the properties that did not follow the property line. The owner sought to have the wall removed, and the other owner filed a complaint for a prescriptive easement or adverse possession. Adverse possession could not be established, as the other owner did not pay the property taxes on the disputed property. A prescriptive easement would result in the owner's complete exclusion from the property. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 85305, Categories: Property, Tax
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
[Consolidated.] J. Herndon finds the district court properly determined a per se regulatory taking occurred, awarding $48 million to the landowner. The city adopted a plan reclassifying ranch land as allowing for "residential densities," along with a golf course. The owner's efforts to develop the property were rendered futile by the city's actions, supporting that the regulatory taking occurred. The court properly relied on the owner's expert's valuation to determine just compensation, and the city did not challenge the valuation or provide an alternative. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: April 18, 2024, Case #: 84345, Categories: Administrative Law, Environment, Property
J. Stiglich finds the district court improperly declared several statutes regulating unfinished firearms unconstitutional, granting a permanent injunction against the laws' enforcement. The court found the definition of "unfinished frame or receiver" was impermissibly vague, concluding it did not explain key terms or notify individuals precisely when raw materials became an unfinished frame or receiver. The defining terms have ordinary meanings that provide sufficient notice of what the statutes proscribe. The statutes are general intent statutes that do not lack a scienter requirement and do not pose a risk of arbitrary or discriminatory enforcement. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 83999, Categories: Constitution, Firearms
J. Pickering finds the trial court properly convicted defendant for murder. Defendant admitted to firing his gun at the victim, whom he had followed in his vehicle after observing the victim's aggressive driving. Though defendant says he fired without looking and in self-defense, testimony from a witness, as well as testimony from defendant's friend and daughter regarding his angry and confrontational character, support the conviction. The court properly admitted evidence from other shootings during the penalty phase of trial. Furthermore, defendant fails to show mitigating circumstances. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 12, 2024, Case #: 83531, Categories: Firearms, Murder, Self Defense
J. Lee finds the district court properly denied the defaulting property purchasers' motion for a preliminary injunction in an action to quiet title. The purchasers seek to prevent the bank's scheduled foreclosure sale. Nevada law says that recording a notice of default to institute foreclosure does not trigger the 10-year timeframe. Being there was no recorded extension of the due date, the terms of the deed of trust dictate when the debt becomes wholly due. The deed of trust does not mention judicial foreclosure actions or state that such action makes the loan "wholly due." The court properly determined the purchasers' quiet title claim had no likelihood of success on the merits. Affirmed.
Court: Nevada Supreme Court, Judge: Lee , Filed On: April 4, 2024, Case #: 85860, Categories: Debt Collection, Property, Banking / Lending
J. Bell finds the trial court improperly denied defendant's postconviction petition for a writ of habeas corpus. Defendant was convicted for multiple counts of sexual assault upon one person. His appellate counsel's omission of a sufficiency challenge fell below an objective standard in that he evoked precedent providing a change in sexual position is insufficient to show the acts constitute more than one offense without challenging the convictions for the same offense. Because the sufficiency challenge stood a reasonable probability of success, defendant was prejudiced by counsel's omission. Reversed in part.
Court: Nevada Supreme Court, Judge: Bell , Filed On: April 4, 2024, Case #: 85887, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Cadish finds the district court properly affirmed and adopted the juvenile master's recommendations to impose formal probation conditions on the juvenile. The relevant statute does not create a separation of powers issue because the court's ability to dismiss a petition and refer a juvenile to probation is not a sentencing decision, and so does not encroach on the court's sentencing discretion. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 28, 2024, Case #: 86035, Categories: Constitution, Juvenile Law
J. Bell finds the trial court improperly convicted defendant for possession of a visual depiction of sexual conduct of a person under 16. The court wrongly denied defendant's motion to suppress cell phone evidence. The warrant did not cover the search of defendant's person, and exigent circumstances did not justify the forensic search of the cell phone. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 28, 2024, Case #: 86156, Categories: Search, Sex Offender, Child Pornography
J. Stiglich grants defendant's petition for mandamus. Defendant pleaded guilty to attempted burglary and was sentenced to probation, but now seeks mandamus to compel the court to set aside the conviction after he completed substance abuse treatment. Relevant statute removes judicial discretion in cases where a defendant fulfills probation conditions for a drug court program.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 28, 2024, Case #: 86982, Categories: Burglary, Drug Offender, Probation
J. Cadish finds the district court, in its divorce decree, improperly determined the husband's law firm, established prior to the marriage, was entirely community property. Uncontested evidence shows the firm was a continuation of the original separate property law practice and the presumption of community property does not apply. The court's refusal to award alimony, though, is based on the erroneous community property determination. Reversed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84998, Categories: Family Law, Property, Contract
J. Cadish finds the county court improperly excluded evidence in its determination of the value of land taken for a power line easement. The court improperly excluded the owner and its expert's opinion of value and evidence of what the Nevada Department of Transportation paid to the previous landowner for a similar taking from the same parcel. The opinions were not solely based on evidence the court deemed inadmissible but also on market values and general knowledge of commercial real estate and multifamily-home land values in Las Vegas. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84692, Categories: Evidence, Property
J. Stiglich finds the trial court properly convicted defendant for DUI causing serious bodily harm. Defendant drunkenly lost control of his vehicle and spun into oncoming traffic, striking the victim's vehicle. Defendant fled on foot and the driver and passenger in the other vehicle sustained injuries requiring surgery. Substantial evidence supports the conviction, though the court improperly ordered $10,000 in restitution to a victim's advocacy group without competent evidence. Affirmed in part.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 21, 2024, Case #: 85987, Categories: Evidence, Resisting Arrest, Dui
J. Parraguirre finds the district court properly denied the county's anti-SLAPP special motion to dismiss. The county opened an investigation into a residential property reported as being used as a short-term rental and party house. The county recorded a lien against the property after violations were found and penalties of more than $38,000 were not paid. After the owner paid the penalties in full, he filed suit alleging the county lacked authority to impose the civil penalties and to record liens against the property. The relevant statute unambiguously defines "person" to exclude government entities. The county is not a "person" for purposes of the anti-SLAPP statute and is not entitled to evoke the statute. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre , Filed On: March 14, 2024, Case #: 85185, Categories: Anti-slapp, Civil Procedure, Government
[Consolidated] J. Stiglich finds the district court improperly awarded the estate more than $48 million in compensatory and punitive damages. The estate filed a negligence and malpractice suit after the family member died under care at the medical center during a sickle cell crisis. Though attorney fees were properly awarded, hospitals do not owe a fiduciary duty to their patients in connection with medical treatment. Because the breach of fiduciary duty claim fails, the award for punitive damages is reversed. Reversed in part.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 14, 2024, Case #: 79658, Categories: Damages, Fiduciary Duty, Medical Malpractice
J. Cadish denies the Nevada Bar's petition for reciprocal discipline of Jeffrey Gray Thomas, who was disbarred in California. The attorney was disbarred for multiple counts of professional misconduct related to filings, as well as threats made to opposing counsel. In Nevada, he failed to self-report his disbarment in California, as required. The discipline is not warranted because disbarment in Nevada is not equivalent to the same in California. Disbarment in Nevada is irrevocable whereas in California a disbarred attorney may seek reinstatement after five years.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 8, 2024, Case #: 87346, Categories: Evidence, Due Process, Attorney Discipline
J. Stiglich grants the two minor children's petition for mandamus challenging the district court's denial of their grandparents' petition for guardianship. The grandparents sought guardianship, saying the children were exposed to unsafe conditions with their mother, who was living with a partner with whom the children felt unsafe. The court found no emergency existed since the grandparents did not seek guardianship over all four of their daughter's children. As it was the two children who filed the petition, as opposed to the grandparents, the failure to seek temporary guardianship over all four cannot form a basis for the conclusion that no emergency existed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 8, 2024, Case #: 88027, Categories: Family Law, Due Process, Guardianship
J. Bell finds the trial court improperly convicted defendant for murder. The state admitted a recording of a phone call defendant made to his defense during pretrial detention in which he indicated his presence at the murder scene. Though the state argues defendant violated jail policy by using another inmate's telephone access code and waived his attorney-client privilege by making a three-way call, this is not sufficient to establish waiver of attorney-client privilege. The recording was improperly admitted. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 7, 2024, Case #: 83672, Categories: Evidence, Murder, Due Process
J. Herndon grants the hospital's petition for a writ of prohibition challenging the district court's order compelling discovery. The hospital was sued for negligence by the guardian of the premature baby who suffered developmental issues while being treated. Though the guardian's motion seeking information found by the hospital's internal investigation was granted, patient safety work product is privileged from discovery in civil proceedings under the Patient Safety and Quality Improvement Act, and cannot be waived.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: March 7, 2024, Case #: 85844, Categories: Discovery, Medical Malpractice, Privilege
[Consolidated] J. Stiglich finds the district court properly dismissed the employee's claims against her employer after she was acquitted from charges of embezzling from the casino. Statements the casino's auditor made to its board of directors regarding the possible embezzlement are protected as matters of public concern, and the court properly dismissed under the anti-SLAPP statute. The statements were not idle gossip, and though the casino is not a public workplace, the employee's alleged actions would likely affect the casino's clientele and people within the community. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 1, 2024, Case #: 85144, Categories: Anti-slapp, Employment
J. Herndon finds the trial court improperly declared a mistrial. Defendant, charged with multiple offenses based on an alleged sexual assault, asserted his right to confrontation was violated after the alleged victim cut off contact with the court and failed to appear. Defendant sought dismissal, and the record does not show he consented to the declaration of mistrial. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 85695, Categories: Sex Offender, Due Process
J. Herndon finds the trial court properly determined the purchaser of a herd of buffalo breached the contract. The purchaser, on a handshake deal, agreed to pay a business partner a finder's fee for buffalo recently purchased. After final orders were delivered to the purchaser, the partner received no follow-up communication. The record contains substantial evidence of actions the partner undertook to earn the commission. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 84617, Categories: Property, Contract
J. Cadish finds the county court properly ruled in favor of the surgeon in this medical malpractice suit. The patient sustained a femoral nerve injury during a hip replacement and filed this suit alleging negligence and lack of informed consent. Though the patient says that certain expert testimony containing legal fallacies should not have been allowed, a doctor stating the surgery was properly completed, and the injury happened incidentally is not a legal fallacy. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 23, 2024, Case #: 85163, Categories: Negligence, Experts, Medical Malpractice
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