Oral argument calendar: Oct. 5

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Tiffany B. v. Slay (Ronald)

            Las Vegas - 10:00 a.m. - Full court

Rico-Arreola (Oscar) v. State

            Las Vegas - 10:30 a.m. - Full court

Madison Equities v. Hamika (Jerry)

            Las Vegas - 11:30 a.m. - Full court

 

Tiffany B. v. Slay (Ronald),

Docket No. 50419

Tiffany B. filed a lawsuit against polygraph examiner Ronald Slay, alleging negligence and various intentional torts.  During an earlier divorce and child custody case between Tiffany and her ex-husband, Malakai K., Tiffany alleged that her minor daughter, G.B., reported sexual abuse by Malakai.  Because Malakai had passed a prior polygraph examination regarding similar allegations by G.B., the district court judge asked Tiffany to take a polygraph examination to assess her credibility in making the allegations.  Slay was appointed to administer Tiffany's polygraph examination.  Slay accepted the appointment but did not disclose that he had administered Malakai's prior polygraph examination.  Slay determined that Tiffany's answers during her polygraph examination were deceptive.  As a result of her failed examination and a psychological assessment relying in part on the results of the examination, Tiffany lost physical custody of G.B. for more than a year.  After G.B. continued to report abuse by Malakai, further assessments and polygraph examinations (administered by examiners other than Slay) were completed and Tiffany was eventually awarded sole custody of G.B.  In the lawsuit against Slay, Tiffany claimed that Slay's prior examination of Malakai disqualified Slay from examining her, even if he had disclosed the conflict.  Tiffany also contended that Slay's examination of her was negligent and that providing her results to a third party after the family court proceeding without her permission violated NRS 648.197.  Slay moved to dismiss Tiffany's lawsuit on the basis that he is entitled to absolute quasi-judicial immunity.  The district court granted Slay's motion, and Tiffany now appeals the dismissal of her lawsuit.  ISSUES: Is a polygraph examiner entitled to absolute quasi-judicial immunity?  Does quasi-judicial immunity apply in instances of intentional torts?  (Disclaimer:  This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all inclusive or reflect all positions of the parties.)

Rico-Arreola (Oscar) v. State,

Docket No. 49512

Oscar Rico-Arreola was convicted by a Clark County jury of sexual assault of a child under the age of 14.  The district court sentenced Rico-Arreola to life in prison with the possibility of parole after 20 years.  During jury selection, the State exercised peremptory challenges with respect to two African-American jurors.  Rico-Arreola made a challenge under Batson v. Kentucky, arguing that the State engaged in discrimination in dismissing the two jurors.  The State responded that it excused the jurors because they were social workers and social workers were often not as favorable to the State in criminal cases.  Rico-Arreola is now appealing his conviction to the Supreme Court.  ISSUES:  Did the State violate the law established in the U.S. Supreme Court case of Batson v. Kentucky when it dismissed the prospective jurors?  (Disclaimer:  This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all inclusive or reflect all positions of the parties.)

Madison Equities v. Hamika (Jerry),

Docket No. 50316

This case involves a dispute over a lease extension for a convenience store at a shopping center in Clark County, specifically whether Madison Equities had a duty to respond to Jerry Hamika's premature notice to extend the lease. 

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This page contains a single entry by JoNell published on September 24, 2009 9:37 AM.

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