Nevada Supreme Court: April 2009 Archives

Sims v. Eighth Judicial District Court (Glass) - defense counsel may introduce independent competency evaluations during a competency hearing.

Scarbo v. Eighth Judicial District Court (Glass) - a defendant is entitled to full and complete copies of a court-appointed examiners' competency reports prior to a competency hearing.  The Court also notes that defense counsel are entitled to communicate the court appointed competency examiners.

Both of these are important defense victories.  Congrats to Howard Brooks, Christy Craig and the other attorneys from the Public Defender's Office who worked on these writs.

Allstate Insurance Co. v. Fackett - insurance policies for injury to uninsured third parties.

 

In Karcher Firestopping v. Meadow Valley Contr. the Court concludes that it lacks jurisdiction for an appeal over an order of the district court granting a motion to vacate an arbitration award, referring the matter back to arbitration and denying a motion to confirm the award.

Here's the new website address:  http://www.nevadajudiciary.us/.

It's definitely prettier and the unpublished orders are much easier to find.

Oral arguments in two cases are scheduled before the Nevada Supreme Court on Wednesday, April 9 in the Court's Las Vegas courtroom on the 17th floor of the Regional Justice Center. Justices Parraguirre, Douglas, and Pickering presiding.

10:30 a.m. - Manuel D. Orellana vs. State of Nevada
This is an appeal from a Clark County conviction of four counts of lewdness with a child under 14 years of age.

11:30 a.m. - Rodolfo Varela vs. State of Nevada
In this appeal, Varela is contesting his conviction in Clark County on a charge of battery by a prisoner because he was not confined to jail or prison at the time of the incident.

Webcast is not available due to technical issues.

Wednesday, April 8th 2009 - Las Vegas

• 10:00 a.m. VILLALOBOS (GONZALO) VS. STATE
• 10:30 a.m. LEEDS (ROBERT) VS. STATE
• 11:30 a.m. SARFATY V. DIST. CT. (CITY OF HENDERSON)

Webcast of the arguments is available here.

VILLALOBOS (GONZALO) VS. STATE, Docket No. 48079

April 8th, 2009 10:00 AM 30 min - Las Vegas Courtroom Justices Parraguire, Douglas, and Pickering

This is an appeal of Villalobos' conviction in Clark County on one count of second-degree murder with the use of a deadly weapon, five counts of attempted murder with the use of a deadly weapon, and five counts of discharging a firearm out of a motor vehicle. ISSUES: Did the district court err in admitting Villalobos' statement at trial that he had given to police, after allegedly invoking his right to counsel? Did the district court err in admitting evidence of a prior instance of violence involving appellant?

LEEDS (ROBERT) VS. STATE, Docket No. 48503

April 8th, 2009 10:30 AM 30 min - Las Vegas Courtroom Justices Parraguire, Douglas, and Pickering

Leeds is appealing his conviction in Clark County on charges of murdering his ex-wife's boyfriend and attempting to murder his ex-wife. Charges include one count each of first-degree murder with the use of a deadly weapon, attempted murder with the use of a deadly weapon, battery with the use of a deadly weapon resulting in substantial bodily harm, and burglary while in possession of a deadly weapon. ISSUES: Did the district court err by admitting of certain evidence during trial? Did the district court err in its instructions to the jury? Did the State provide sufficient evidence to support the convictions? SARFATY V. DIST. CT. (CITY OF HENDERSON), Docket No. 51915 April 8th, 2009 11:30 AM 30 min - Las Vegas Courtroom Justices Parraguire, Douglas, and Pickering This petition for a writ of mandamus involves Sarfaty's criminal conviction in Henderson Municipal Court for battery constituting domestic violence. The petition challenges a Clark County district court order denying Sarfaty's appeal of his misdemeanor conviction. In the underlying incident, an altercation between Sarfaty and his wife resulted in police being called. An officer took her statement and arrested Sarfaty on a charge of battery constituting domestic violence. At trial, the wife indicated she could not remember the accusations she made on the night of the incident and gave inconsistent testimony. Nevertheless, petitioner was convicted by the municipal court judge based on corroborating evidence. ISSUE: Can a conviction for domestic violence be sustained when the victim recants at trial, absent corroborating evidence?