Nevada Supreme Court issues 5 opinions

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Ramirez v. State - "we conclude that the jury was not completely and accurately instructed as to the necessary elements of second-degree felony murder and that the improper instruction affected appellant Felicia Ramirez's substantial rights.  Accordingly, we reverse the district court's judgment of conviction and remand this matter for a new trial."  The jury instructions failed to include the immediate-and-direct-causal-relationship element of second degree felony murder.  The Court finds plain error based upon the instruction, the State's failure to specify the felony under which it sought a second-degree felony murder conviction, and conflicting evidence as to who inflicted the victim's moral wounds.

Reno Newspapers v. Sheriff - The Court grants a writ of mandamus compelling a sheriff, under the Public Records Act, to provide records on the identity of those holding a concealed firearms permit and non-confidential information concerning post-permit records of investigation of a permit holder, or suspension or revocation of a permit holder's permit.  The case involved a newspaper's request to obtain records concerning the Governor's concealed weapons permits.

Renown Health v. Vanderford - "In this appeal, we consider whether hospitals owe an absolute nondelegable duty to provide competent medical care to their emergency room patients through independent contractor doctors.  Although the parties settled in this matter, appellant Renown Health, Inc., reserved its right to appeal the district court's interlocutory order granting partial summary judgment based on the imposition of a nondelegable duty.  A portion of the settlement remains contingent upon this appeal.  We conclude that no such absolute duty exists under Nevada law, nor are we at this time willing to judicially create one.  Accordingly, we reverse the district court's grant of partial summary judgment insomuch as the district court concluded that hospitals have such a nondelegable duty.  We hold that Renown may be liable for patient injuries under the ostensible agency doctrine that we previously recognized in Schlotfeldt v. Charter Hospital of Las Vegas, 112 Nev. 42, 910 P.2d 271 (1996)."

Strickland v. Waymire - "These consolidated appeals require us to interpret Article 2, Section 9 of the Nevada Constitution, which subjects every public officer in Nevada to recall by special election upon the filing of a qualifying recall petition signed by "not less than twenty-five percent (25%) of the number" of registered voters "who actually voted in the state or in the county, district, or municipality [that the officer] represents, at the election in which [the officer] was elected."  Nev. Const. art. 2, ยง 9.

            The question presented is whose signature counts toward the 25 percent needed to qualify a recall petition.  Is it any registered voter, as the district court held?  Or must the signatures come from those registered voters who in fact--"actually"--voted at the election in which the public officer was elected, as the Secretary of State and the Attorney General have concluded?  Reasonable policy arguments exist on both sides.  But Article 2, Section 9's text and relevant history convince us that the latter reading is more faithful to the provision's test and the evident understanding of the citizens who enacted it.  We therefore reverse."

Bahena v. Goodyear Tire & Rubber Co. -  "In this appeal we consider whether the district court abused its discretion when it struck a defendant's answer, as to liability only, as a  discovery sanction pursuant to NRCP 37(b)(2)(C) and NRCP 37(d).  We conclude that the district court did not abuse its discretion by imposing non-case concluding sanctions and by not holding a full evidentiary hearing.  We further conclude that the district court exercised its inherent equitable power and properly applied the factors set forth in Young v. Johnny Ribeiro Building, 106 Nev. 88, 92-93, 787 P.2d 777, 780 (1990).  We therefore affirm the judgment of the district court."

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This page contains a single entry by JoNell published on July 1, 2010 4:54 PM.

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