Oral argument calendar: Jan. 13 & 14

| | Comments (0) | TrackBacks (0)

January 13, 2010, Oral Arguments

McKinney (Craig) v. Martinez (Rick),
Docket No. 49172
Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons

This is a dispute over an agreement for an employee to purchase a pickup truck from his employer.  Craig McKinney worked for Fire Extinguisher Service Center, which is owned by Rick and Shannon Martinez (collectively, FESC).  While still employed by FESC, McKinney entered into a contract with Rick Martinez to take over the payments on a pickup truck.  After McKinney was fired, he stopped making payments on the truck and FESC eventually sold the truck.  McKinney sued FESC, alleging several claims.  With respect to the truck transaction, McKinney alleged breach of contract and unjust enrichment.  A jury in Churchill County found in favor of FESC.  After the trial, McKinney made a motion requesting that the court issue judgment in his favor notwithstanding the verdict and for a new trial, based on alleged juror misconduct because of a relationship between the jury foreman and Rick Martinez.   The district court partially granted the motion for judgment notwithstanding the verdict, directing a verdict for McKinney on the breach of contract and unjust enrichment claims.  However, the district court denied his motion for a new trial.  Both McKinney and FESC have appealed the district court's post-trial decisions.  ISSUES:  Did the district court err in granting McKinney's motion for judgment notwithstanding the verdict?  Did the district court err in denying McKinney's motion for a new trial? 

Builders Insurance Company v. Employers Insurance Company of Nevada,
Docket No. 50905
Carson City - 10:30 a.m. - Justices Cherry, Saitta, and Gibbons

This appeal involves a district court decision to deny judicial review in a workers' compensation matter.  Robert Phillips experienced pain in his hands while working for Fletcher Roofing.  Phillips was laid off by Fletcher and later filed a workers' compensation claim against the employer.  Because Phillips had worked intermittently for Becker General Contractors after being laid off by Fletcher, Fletcher made a motion that Becker be made a party to the matter.  Becker was insured by Builders Insurance Company.  The motion to include Becker was served on Becker but not on its insurance company, Builders.  Becker denied responsibility for Phillips's injury, but did not contact Builders.  After a hearing, an appeals officer ruled that Becker was responsible for Phillips's claim.  Becker still did not contact Builders until the time for judicial review had passed.  Builders filed a motion to have the hearing officer's decision set aside, but it was denied.  Builders then filed a petition for judicial review in the district court in Carson City, but that also was denied.  ISSUE:  Did the district court err in denying the petition for judicial review? 

Felton (Stephanie) v. Felton (Steven),
Docket No. 51442
Carson City - 11:30 a.m. - Justices Cherry, Saitta, and Gibbons

This is an appeal of district court decisions on property distribution and spousal support in a Washoe County divorce decree.  When Stephanie Felton and Steven Felton divorced after a 12-year marriage, the district court awarded a livestock business to Steven and the couple's house and interest in a hair salon to Stephanie.  The district court determined that no alimony should be awarded.  Stephanie has appealed the divorce decree.  ISSUES:  Did the district court err in its distribution of community property?  Did the district court err in denying spousal support? 

January 14, 2010, Oral Arguments

Kelly (Winston) v. State of Nevada,
Docket No. 52017
Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons

In this case, Winston Kelly is appealing his convictions of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.  Kelly was arrested in Elko County after a sheriff's deputy found him sleeping in the truck of a missing person.  While being interrogated by law enforcement officers about the missing person's whereabouts, Kelly requested an attorney, but no action was taken on his request.  The law enforcement officers also made numerous religious references during the interrogation, including asking Kelly if he thought God would forgive him.  Kelly eventually confessed to stabbing the victim to death and drew a map that led to the victim's body.  Before trial, Kelly made a motion to suppress the statements he made during the interrogation and all evidence obtained as a result of those statements, including the map and the victim's body.  The district court determined that Kelly's confession and the map were inadmissible at trial because law enforcement violated Kelly's Miranda rights, but evidence of the victim's body was admissible because under the totality of the circumstances, Kelly's confession was voluntary.  ISSUE:  Did the district court err in denying Kelly's motion to suppress evidence of the victim's body? 

Ritter (Matthew) v. State of Nevada Supreme Court,
Docket No. 52753
Carson City - 10:30 a.m. - Justices Cherry, Saitta, and Gibbons

Matthew Ritter is appealing his conviction in Elko County for trafficking in methamphetamine.  After Ritter was transported to jail in a police patrol car on an outstanding warrant, a police officer found almost 398 grams of methamphetamine under the front passenger seat of the patrol car.  Ritter was charged with trafficking.  At trial, the State presented evidence that no other person was transported in the patrol car between the time Ritter was taken to jail on the outstanding warrant and when the officer found the methamphetamine.  ISSUES:  Does sufficient evidence support Ritter's conviction?  Did the district court properly admit evidence of Ritter's prior methamphetamine-related convictions?

Categories

0 TrackBacks

Listed below are links to blogs that reference this entry: Oral argument calendar: Jan. 13 & 14.

TrackBack URL for this entry: http://ranchocabron.com/mt/mt-tb.cgi/215

Leave a comment

About this Entry

This page contains a single entry by JoNell published on January 12, 2010 8:08 AM.

Judicial Dept. Filings - Day 6 was the previous entry in this blog.

US Supreme Court changes some rules is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Powered by Movable Type 4.0