Oral argument calendar: Feb. 10

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Tsai (Paul) v. Hsu (Ann), Docket No. 50549
Las Vegas
(Regional Justice Center) - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons

This case involves a 1996 settlement agreement in a divorce proceeding between Paul Tsai and Ann Hsu.  Part of the agreement provided that a parcel of land owned by the parties in Las Vegas was to be held in trust to pay for their children's educational expenses.  No trust documents were created at the time the settlement agreement was reached, but apparently the parties quitclaimed the property to their children.  After the divorce, the children lived with Hsu in Hong Kong where they attended private elementary and secondary schools, paid for by Hsu.  In 2007, the property was sold for a sizeable amount of money.  The parties now dispute the allocation of the proceeds from the sale of the property.  ISSUES:  Did the parties transfer their entire interest in the property to their children?  Was the trust meant to finance the children's private elementary and secondary school education when Tsai never consented to sending the children to private elementary and secondary schools?  Did the district court lack jurisdiction to make rulings regarding the trust? 

Salas (Miguel) v. State, Docket No. 51385
Las Vegas
(Regional Justice Center) - 10:30 a.m. - Justices Cherry, Saitta, and Gibbons

In this appeal, issues are raised about the grand jury indictment of Miguel Salas, who was a juvenile at the time of an auto theft that led to a high speed chase and a head-on collision.  Salas was certified to stand trial as an adult following the incident in which he and Alberto Spindola broke into and stole an automobile in Las Vegas.  The pair attempted to evade capture by fleeing at high-speed from a police officer.  The chase ended in a head-on collision with another car.  Salas was arrested, certified as an adult, and charged with numerous felony violations.    The justice court, however, dismissed charges of robbery with the use of a deadly weapon and conspiracy to commit robbery for lack of probable cause, but bound over Salas to the district court on the remaining charges.  The State then convened a grand jury, which indicted Salas on the two previously dismissed charges.  Salas was found guilty at trial on all but three charges.  This appeal followed.  ISSUES:  Did the district court abuse its discretion in determining that the State provided Salas with reasonable notice of the grand jury proceedings?  Did the district court have jurisdiction to proceed on the grand jury indictment?  Did Salas demonstrate "exceptional circumstances" to show the district court abused its discretion in failing to remand his case to the juvenile court?  Did the State present sufficient evidence to convict Salas of robbery and conspiracy to commit robbery?

Callara v. Las Vegas Hilton, Docket No. 51645
Las Vegas
(Regional Justice Center) - 11:30 a.m. - Justices Cherry, Saitta, and Gibbons

This is an appeal of a split verdict at trial in a personal injury case.  Roseann Callara slipped and fell in the parking/valet parking drop-off area of the Las Vegas Hilton after which two employees of Hilton moved her to a nearby bench.  Subsequently, Callara sued Hilton for neglecting to keep the area clean and for moving her after she fell.  At trial, a jury returned a verdict in favor of Callara on her claim that Hilton employees negligently moved her after she fell.  The jury, however, ruled  for Hilton on the claim of failing to keep the area clean.  This appeal followed.  ISSUES:  Did the district court abuse its discretion when it concluded that Hilton should not be held to admissions made pre-trial?  Did the district court abuse its discretion by refusing to submit the admissions to the jury as evidence?  Did the district court abuse its discretion by allowing previously undisclosed witness testimony, and by directly questioning that witness?  Did Hilton have an obligation to create records regarding when areas of its property had been cleaned and should a jury instruction have been given that the Hilton spoiled evidence when Hilton did not destroy any records, but instead never created the records that Callara sought? 

Cacho (Ashton) v. State, Docket No. 51647
Las Vegas (Regional Justice Center) - 1:30 p.m. - Justices Cherry, Saitta, and Gibbons

In this case, Ashton Cacho is appealing his 2008 conviction by a Clark County jury for one count each of open or gross lewdness and indecent exposure, and four counts of lewdness with a child under the age of 14.    ISSUES:  Are the convictions redundant?  Did the district court err in not conducting a competency hearing regarding the child victim?  Did the State withhold exculpatory evidence and/or engage in prosecutorial misconduct?  Did the State present sufficient evidence to support the jury's verdict? 

Gamble (Clarence) v. State, Docket No. 52521
Las Vegas
(William S. Boyd School of Law) - 10:00 a.m. - Chief Justice Parraguirre, and Justices Hardesty and Pickering (Justice Douglas voluntarily recused himself from participation in this matter)

Numerous issues are raised in this appeal by Clarence Gamble, who was convicted of shooting and killing a woman with whom he was romantically involved.  At trial, Gamble claimed he acted in self-defense.  However, eyewitness testimony indicated otherwise.  Gamble was convicted of first-degree murder with the use of a deadly weapon and aggravated stalking.  Gamble now appeals the judgment of conviction.  ISSUES:  Did the district court err in refusing to dismiss the aggravated stalking charge?  Did the district court err in denying Gamble's objections to the State's use of peremptory challenges to excuse two prospective African-American jurors?  Did the district court err in instructions given to the jury?  Did the prosecutor commit misconduct warranting reversal of Gamble's convictions? 

Valley Health System v. Garcia (Waneira), Docket No. 50507 c/w 50509 and 50684
Las Vegas
(William S. Boyd School of Law) - 11:00 a.m. - Justices Hardesty, Douglas, and Pickering

This is an appeal of a jury verdict in a medical malpractice case.  In 1995, Waneira Garcia was about 39 weeks pregnant when she arrived at Valley Hospital in Las Vegas complaining of potential complications with her pregnancy.  Her daughter was delivered via Caesarian section, and suffers from ongoing developmental delays that will likely require ongoing medical treatment.  Garcia attributed her baby's problems to the negligence of the hospital and filed a lawsuit alleging medical malpractice against her OB/GYN doctor, Joseph Watson, M.D., the hospital, and two of its employees, Mary Kathryn Watts and Madonna Sturgeon.  The district court entered a default judgment against Sturgeon for her failure to appear at the trial.  A jury found in favor of Dr. Watson, but determined that the hospital and its named employees were negligent and awarded Garcia damages and attorney fees.  This appeal followed.  ISSUES:  Did the district court err in entering a default judgment against Sturgeon for her failure to attend the trial?  Did the district court err in instructing the jury?  Did the district court abuse its discretion in awarding attorney fees to Garcia?

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This page contains a single entry by JoNell published on January 26, 2010 8:21 AM.

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