Oral Argument Calendar: Oct. 4

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Landreth v. Malik,

Docket No. 49732

Carson City-10:30 a.m. - Full Court

This is rehearing concerning the scope of family court jurisdiction.  On December 24, 2009, this court entered a decision reversing a default judgment and determining that the Clark County family court lacked jurisdiction to adjudicate the parties' claims. Landreth v. Malik, 125 Nev. ___, 221 P.3d 1265 (2009).  This court's majority opinion concluded that the family court's jurisdiction is limited to matters specifically enumerated in NRS 3.223.  In his petition for rehearing, Malik argues that NRS 3.223 does not control the subject matter jurisdiction of the family courts, but is actually an assignment statute that designates which cases are to be heard in family court.   ISSUES:  Does the family court have jurisdiction over claims involving meretricious relationships and implied contracts to hold property as community property between unmarried but cohabiting parties? 

 

Dieudonne (Abell) v. State of Nevada,

Docket No. 54491

Carson City-11:30 a.m. - Full Court

This appeal is about the sentencing process utilized following Abell Dieudonne's guilty plea in Clark County to charges of conspiracy to commit robbery, robbery with use of a deadly weapon, and second-degree murder. Dieudonne entered a guilty plea before District Court Judge Elizabeth Gonzalez with the anticipation that Judge Gonzalez would be the judge who sentenced him. However, following entry of his plea, the case was transferred to Judge Douglas Smith for sentencing. During the sentencing hearing, victim impact speakers were not sworn in, some did not qualify as victim impact speakers, and some used racial epithets, curse words, and threats directed at Dieudonne.  ISSUES:  (1) Was Dieudonne entitled to be sentenced by the judge who took his guilty plea, and (2) Did the district court err by allowing victim impact witnesses to use profanity, call Dieudonne names, and make threats against Dieudonne during their victim-impact statements and, if so, should the case be remanded for resentencing before a different district court judge?

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This page contains a single entry by JoNell published on September 28, 2010 11:10 AM.

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