Nevada Supreme Court: June 2009 Archives

MGM Mirage v. Nevada Ins. Guaranty Ass'n - self-insured employers under the Workers' Compensation Act are not barred from recovering payment from the Nevada Insurance Guaranty Assocation for their covered workers' compensation claims payable by their isolvent excess insurance carrier.

St. James Village, Inc. v. Cunningham - servient estate, unilateral relocation of easements and inconvenience of dominant estate owners. 

Reading these opinions reaffirms my desire to practice criminal law.  I'm skippping analysis of both.

Upcoming Oral Arguments

These are the issues on the criminal cases:

Moxley - John Moxley was convicted by a Clark County jury of first-degree murder for the death of his infant son, who suffered severe brain injury as a result of violent shaking. This was Moxley's second trial and second conviction on this charge. Moxley's conviction at his first trial was reversed by the supreme court in a prior appeal. During Moxley's second trial, the district court allowed the testimony from a witness in the first trial to be read to the jury because the witness, who was in a Nevada prison, was deemed unavailable for trial. The district court also admitted evidence regarding prior instances of domestic violence by Moxley. ISSUES: Was Moxley's Sixth Amendment right to confront the witnesses against him violated when the prior testimony was read to the jury? Was it proper for the district court to allow testimony regarding prior instances of domestic violence?

Hopkins - Jentrice Hopkins is appealing her conviction for burglary and robbery with the use of a deadly weapon following the theft of clothing from a discount store. Hopkins was observed in the store removing security tags from clothes and putting the clothes in her purse and down her pants. When she and her co-defendant left the store without paying for the items, an undercover loss prevention officer who had been watching her demanded that she return the clothes. Hopkins' companion allegedly threatened the loss prevention officer with a knife. As they were leaving in a car, the companion allegedly pointed a gun at the loss prevention officer. After a three-day trial, a Clark County jury convicted Hopkins of burglary and robbery with the use of a deadly weapon. Hopkins is appealing her convictions. ISSUES: (1) whether the district court erred by giving a flight jury instruction, (2) whether the district court erred by refusing to give Hopkins' "mere presence" jury instruction, (3) whether the prosecutor misstated the burden of proof in his opening statement, (4) whether the district court erred by denying Hopkins' motion to strike her co-defendant as a witness and her motion for a continuance, (5) whether the district court erred by improperly admitting prior bad act evidence, and (6) whether sufficient evidence supported the conviction of robbery with the use of a deadly weapon.  

Thompson - After Renee Coppola parked her car at her home, two men forced her back inside her car and tried to drive off, but the car wouldn't start and Coppola was able to escape. Coppola identified Luqris Thompson in a photographic lineup as one of her assailants. Thompson originally was charged by way of a criminal complaint; after a grand jury indicted Thompson, the State moved to dismiss the criminal complaint and its motion was granted. Thompson then moved to dismiss the remaining case, arguing that the State was no longer permitted to prosecute him pursuant to Nevada law. The district court denied Thompson's motion to dismiss and a Clark County jury eventually convicted Thompson of conspiracy to commit a crime, burglary, robbery, first-degree kidnapping, and attempted grand larceny auto. Thompson is appealing his conviction. ISSUE: Should the district court have granted Thompson's motion to dismiss? 

Ramet v. State - The State may not introduce evidence of a defendant's refusal to consent to a search of his home, and the prosecutor may not comment about the refusal to consent, but the evidence is harmless under the facts of this case.

Rivera v. Philip Morris, Inc. - NRAP 5 certification re: whether Nevada law recognizes a heeding presumption in strict product liability failure-to-warn cases.

About this Archive

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

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