Nevada Supreme Court issues opinions on DUI treatment

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In Stromberg v. District Court, the Nevada Supreme Court, in an en banc opinion authored by Justice Cherry, grants an original petition for a writ of mandamus which challenged a district court's decision to deny the defendant's request to apply for treatment pursuant to NRS 484.37941.  The Court reaffirms its recent holding in Picetti v. State that the statute allows an offender entering a plea of guilty on or after the statute's effective date to apply for treatment.  The Court also hilds that the statute does not violate the separation-of-powers doctrine by giving district courts powers that they prosecutor claims to be reserved to the prosecutors. 

In Savage v. District Court, the Court, in an en banc opinion of two consolidated cases, grants petitions for writs of mandamus challenging district court refusals to consider applications for treatment pursuant to NRS 484.37941.  The statute does not require counties to create treatment programs, but does require district courts to oversee the procedures and conditions of probation imposed upon the offender at the time the district court's accepts the offender's application for treatment.  District court's have jurisdiction to order the Department of Parole and Probation to supervise offenders whose applications are granted under the statute.  Finally, the court finds that the statute does not violate the separation-of-powers doctrine.

The Court also issued opinions in several civil cases:

Stalk v. Mushkin - statutes of limitations on claims of intentional interference with prospective business advantage, intentional interference with contractual relations, and breach of fiduciary duty arising from an attorney-client relationship.

State, Dep't of Motor Vehicles v. Terracin -  revocation of driver's license based upon a conviction for 1st time DUI that is not really a 1st time DUI.

Attorney General v. District Court (Philip Morris) - issues concerning the adjustment of Nevada's annual payment from tobacco companies based on Nevada's enforcement of its qualifying statute must be arbitrated.

Garcia v. Scolari's Food & Drug - occupational disease & administrative proceedings & good cause. 

 

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This page contains a single entry by JoNell published on January 29, 2009 10:25 AM.

Nevada Supreme Court oral arguments: Feb 2 and 3. was the previous entry in this blog.

Annual Report of the Nevada Judiciary released is the next entry in this blog.

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