Nevada Supreme Court Oral argument Calendar: October 12

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Gruber (Deborah) v. Shvachko (Natalia),

Docket No. 50758

Adelson Educational Campus (Las Vegas) -9:30 a.m. - Justices Cherry, Saitta, and Gibbons

This is an appeal from a Clark County summary judgment in a declaratory relief action regarding the proceeds of a trust, and from post-judgment orders denying NRCP 60(b) relief and awarding attorney fees and costs. Respondent Natalia Shvachko married Charles (Chic) Kotick in Las Vegas, Nevada. During their marriage, Kotick executed a trust and designated Shvachko as its primary beneficiary.  The trust also stated that the three children of appellant Deborah Gruber, who is Kotick's daughter from a former marriage, would become the primary beneficiaries if Shvachko was not married to and living with Kotick at the time of his death. Kotick died approximately five years after marrying Shvachko; Shvachko was married to and living with Kotick when he died.  After Kotick died, Gruber filed a lawsuit requesting that the district court annul Shvachko's marriage to Kotick.  Gruber argued that the marriage was void because Shvachko was already married to a man from Ukraine when she married Kotick, and that Shvachko induced Kotick into marrying her with fraud. Shvachko answered Gruber's lawsuit and moved for summary judgment.  For the summary judgment motion, Shvachko produced a divorce certificate and an apostille from Ukraine.  Gruber responded by arguing that the summary judgment motion was premature because she had not yet conducted discovery. Despite this argument, the district court granted summary judgment and sanctioned Gruber by awarding attorney fees and costs to Shvachko.  Gruber then requested a stay pending the appeal of the summary judgment and order granting attorney fees and costs. Following a hearing, the district court denied Gruber's motion and ordered Gruber to pay Shvachko's attorney fees and costs.  Gruber then filed a motion under NRCP 60(b) to set aside the summary judgment.  After conducting another hearing, the district court denied this motion and ordered Gruber to pay Shvachko's attorney fees and costs. Gruber now appeals from the summary judgment and post-judgment orders denying NRCP 60(b) relief and awarding attorney fees and costs.  ISSUES: (1) Did the district court err by granting Shvachko's motion for summary judgment? (2) Did the district court abuse its discretion by denying Gruber's request for a continuance to allow discovery? (3) Did the district court abuse its discretion by denying Gruber's motion under NRCP 60(b) to set aside the summary judgment?  (4) Did the district court abuse its discretion on three occasions by awarding attorney fees and costs to Shvachko?  

Jackson (Franklin) v. State of Nevada,

Docket No. 54735

Adelson Educational Campus (Las Vegas) - 11:00 a.m. - Justices Cherry, Saitta, and Gibbons

This is an appeal from a Clark County judgment of conviction, pursuant to a jury verdict, of conspiracy to commit murder and seven counts of attempted murder with the use of a deadly weapon.  Although he maintained that he fired his weapon in self-defense, a jury convicted appellant Franklin Jackson, along with his co-defendant Dresden Williams, for his involvement in an afterschool shooting at a bus stop in Las Vegas.  Jackson now appeals.  ISSUES:  (1) Did the State commit a violation of Brady v. Maryland when it failed to disclose an anonymous informant's note concerning the shooting? (2) Was Jackson denied a fair trial because multiple State witnesses referred to gangs? (3) Should the district court have severed the trial of Jackson from that of his co-defendant Dresden Williams because the two had conflicting defense theories? 

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This page contains a single entry by JoNell published on October 12, 2010 7:54 AM.

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