Nevada Supreme Court: March 2009 Archives

In re Application of Shin - The Court holds that NRS 179.245(5), which prohibits Nevada courts from sealing records concerning sexually based offenses, does not improperly impinge upon the power of the State Board of Pardons Commissioners to issue pardons.  Although the Pardons' Board has expansive powers, it does not have the power to remove the historic fact that a conviction occurred and it cannot bequeath innocence.  A pardon is an act of forgiveness that restores civil rights and removes most legal consequences of a criminal conviction, but there is no right to expunge a criminal record in the absence of legislative authority.  The opinion includes a lengthy discussion of the authority of the Pardons Board.

Mack v. Estate of Mack - The Court holds that (1) it may take judicial notice of the outcome of proceedings in which one spouse was adjudged to have murdered the other; (2) a nunc pro tunc order was properly entered to memorialize a judge's oral orders; (3) the district court properly issued a Qualified Domestic Relations Order during the deceased's spouse's lifetime; and (4) Nevada's slayer statute is not preempted by ERISA.

Terracon Consultants v. Mandalay Bay - The Court answers a certified question, pursuant to NRAP 5, regarding the scope of Nevada's economic loss doctrine. 

The Nevada Supreme Court issued its seventh opinion of the year.

In Collins v. State, the Court finds that NRS 0.060(2)'s definition of substantial bodily harm as "prolonged physical pain" is not unconstitutionally vague.

About this Archive

This page is a archive of entries in the Nevada Supreme Court category from March 2009.

Nevada Supreme Court: February 2009 is the previous archive.

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