Nevada Supreme Court issues 6 opinions

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I have a fast-track statement due, so you're on your own for details:

Funkerburk v. State - NRS 193.165's definition of a "deadly weapon" may be applied to a charge of burglary while in possession of a deadly weapon under NRS 205.060(4).  The district court did not err in instruction the jury that a BB gun is a firearm.

Berry v. State - The district court did not err by instructing the jury on NRS 202.253(2)'s definition of "firearm" even though the defendant was not charged with possession or use of a firearm and NRS 193.165 does not reference NRS 202.253.  Also, whether the weapon was unloaded or inoperable at the time of the crime is irrelevant.  The Court finds, however, that a toy pellet gun is not a deadly weapon.  Finally, the Court finds that the open and gross lewdness statute is not unconstitutionally vague.

Commission on Ethics v. Hardy - the legislature cannot delegate to another branch of government its authority to discipline a legislator's conduct if that conduct involves a core legislative function.

Allstate Insurance Co. v. Miller - bad faith and insurance, special verdict forms 

Chavez v. State - testimony from a preliminary hearing may be admissible at trial, under the 6th Amendment and Crawford v. Washington.  Factors concerning admissibility include the discovery made available to the defendant at the time of the preliminary hearing and the extent of cross-examination allowed by the magistrate judge.

Grosjean v. Imperial Palace -  qualified immunity does not shield private actors from civil liability in an action under 42 USC 1983, punitive damages of $500,000 were the result of continued attorney misconduct so a new trial as to the damages is warranted, and a defendant may not recover damages under state law for identical conduct if he is granted a damage award under 1983.  The portion of the opinion addressing attorney misconduct should be reviewed by criminal practitioners as the Court's ruling could be applied easily to criminal cases.

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This page contains a single entry by JoNell published on July 30, 2009 2:07 PM.

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