7 results for 'judge:"Pickering"'.
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. 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. Pickering finds the district court improperly denied the artificial turf company’s request for a preliminary injunction to enforce a noncompete covenant against its former employees. The court denied the request, saying that the covenant was unenforceable due to procedural unconscionability, which consisted in the merger of the covenant into the preceding paragraph of the employment agreement. This is not enough to invalidate it without additional substantive unconscionability shown. The court was obligated to determine whether the covenant’s remaining flaws could be cured by revision under the statute governing noncompete agreements. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: November 2, 2023, Case #: 85249, Categories: Due Process, Contract, Injunction
J. Pickering finds the trial court properly convicted defendant by no-contest plea for attempted lewdness with a child. He was placed on probation which included conditions common to sex-offender probation. It is reasonable to restrict an adult convicted of a sexual offense involving a child from areas where children commonly are found, and the court did not abuse its discretion in applying this condition. But, because defendant’s waiver of appeal did not preclude challenges to probation conditions, certain internet restrictions must be removed from the judgment of conviction. Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: September 28, 2023, Case #: 83622, Categories: Probation, Sex Offender, Child Victims
J. Pickering finds that the district court properly denied the hospital's motion to compel arbitration in this wrongful death action. Relevant Nevada Revised Statute provides the heirs with separate causes of action requiring their agreement if arbitration is to be compelled. While the claims derive from the injury to the decedent, that does not authorize the binding of the heirs to arbitration without agreement. The court properly found agreement lacking. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: September 21, 2023, Case #: 83945, Categories: Arbitration, Wills / Probate, Wrongful Death
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J. Pickering finds the trial court properly convicted defendant of several counts of lewdness and sexual assault of the 10-year-old daughter of a family friend. During a period when the family struggled with homelessness, defendant allowed them to stay in his motel room, during which he forced the child to fellate him, and penetrated her vaginally and anally with his penis, fingers, and a Sharpie pen. A child victim's testimony is sufficient for conviction if the testimony has accurate detail, and the jury found the witnesses credible and the testimony convincing. The state did not dwell on erroneously admitted evidence, and the instructional error as to lewdness was not material. Affirmed in part.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: August 24, 2023, Case #: 83316, Categories: Evidence, Sex Offender, Child Victims
J. Pickering finds the county court properly partially dismissed the medical malpractice claim arising from the physician’s leaving gauze in a wound after a tumor removal, which resulted in recurrent infections and the patient’s eventual death. A nurse expert witness for the estate failed to show she was qualified to comment on a physician’s standard of care. Her opinion failed to identify medical negligence. The claim is not exempted from the affidavit of merit requirement since the gauze was left during a nonsurgical procedure. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: July 6, 2023, Case #: 82898, Categories: Experts, Wrongful Death, Medical Malpractice