Nevada Supreme Court: October 2008 Archives

State v. Harte - The Court, sitting en banc, affirms an order of a district court partially granting a post-conviction petition for a writ of habeas corpus in a death penalty case.  The Court rejects the State's argument that McConnell v. State (felony murder cannot be used as the sole basis for liability for first degree murder and also used as an aggravating circumstance) was wrongly decided.  The Court also rejects the State's argument that there should be a new trial, rather than just a new penalty hearing, in capital cases in which the sole aggravating circumstance is found invalid under McConnell.  The majority opinion is authored by Justice Maupin and joined by Justices Gibbons, Douglas and Cherry.  Justices Hardesy, Parraguirre and Saitta concur but express a belief that there are three fundamental flaws in McConnell's analytical framework.registry repair crack

Hernandez v. State - The Court, sitting en banc, affirms a district court order denying a post-conviction petition for a writ of habeas corpus in a capital case.  In doing so, the Court declines to extend McConnell v. State to bar the dual use of torture as a theory of first-degree murder and as an aggravating circumstance to support a death sentence.  The Court, however, finds the aggravating circumstance of burglary to be invalid under McConnell, reweighs the aggravating and mitigating evidence and affirms the death sentence.  The Court rejects other post-conviction claims.  Justice Cherry dissents in part after finding that the defendant should have received a new penalty hearing because the jury may have imposed a sentence of less than death without the invalid aggravating circumstance.registry repair crack

Cortinas v. State - The Court (Justices Hardesty, Parraguirre & Douglas) holds that traditional harmless-error review applies when a general verdict based on multiple theories of liability may rest on a legally invalid alternative theory.  The Court also reaffirms its prior holdings that robbery is a general intent offense.registry repair crack

Rubio v. State - Counsel's affirmative misrepresentations of immigration consequences is an exception to the general rule that deportation is a collateral consequence that does not affect the voluntariness of a guilty plea.  Misrepresentations by a court interpreter, however, are not an exception to the general rule.  The Court also rules that the district court abused its discretion in failing to hold an evidentiary hearing on claims of ineffective assistance of counsel.registry repair crack

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Opinions in civil cases: registry repair crack

Rivero v. Rivero -registry repair crack

Cook v. Sunrise Hospital & Medical Center -registry repair crack

Five Star Capital Crop. v. Ruby -registry repair crack

Estate of LoMastro v. American Family Ins. -registry repair crack

Village League v. State, Bd. of Equalization -registry repair crack

Mesagate HOA v. City of Fernley -registry repair crack

Lehrer McGovern Bovis v. Bullock Insulationregistry repair crack

Monday, November 3, 2008

50079 STROMBERG (MICHAEL) VS. DISTRICT COURT
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) registry repair crack

50445 SAVAGE (LONNIE) VS. DISTRICT COURT
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) registry repair crack

51333 HERNANDEZ (MARCO) VS. DISTRICT COURT
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) registry repair crack

45906 CITIZENS FOR COLD SPRINGS VS. CITY OF RENO
1:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) registry repair crack

50356 CRAIN VS. DIST. CT. (MORA)
2:00 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) registry repair crack

Tuesday, November 4, 2008

49961 WASHOE CO. SCHOOL DIST. VS. WASHOE EDUCATION ASS'N
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) registry repair crack

49754 MACK VS. ESTATE OF MACK
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) registry repair crack

49883 HIGGS (CHAZ) VS. STATE
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) registry repair crack

Performance Standards Adopted

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The Nevada Supreme Court has adopted Performance Standards for Indigent Defense. The standards will be implemented effective April 1, 2009. The Court also granted an extension of time to Washoe County and Clark County for the completion of weighted caseload studies. They will be due on May 15, 2009. The Court will hold a public hearing on January 6, 2009 to consider the final report from the Rural Issues Subcommittee and to hear a status report on the weighted case studies.

About this Archive

This page is a archive of entries in the Nevada Supreme Court category from October 2008.registry repair crack

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