Sonia F. v. Dist. Ct. - The Court finds that Nevada's rape shield law, NRS 50.090, applies only to criminal proceedings and not civil cases. The district court, however, may limit discovery of an alleged victim's sexual history in...
I have a fast-track statement due, so you're on your own for details: Funkerburk v. State - NRS 193.165's definition of a "deadly weapon" may be applied to a charge of burglary while in possession of a deadly weapon under...
From the Nevada Supreme Court: Effective July 30, 2009, the Nevada Supreme Court Clerk's Office will be accepting both civil and criminal documents for filing through our web-based electronic filing (e-filing) system. The system is available 24 hours a day,...
V&S Railway v. White Pine County - summary judgment in an eminent domain action, scope of NRS 334.030....
From the Nevada Appeal: "In an unusual move, the Nevada Supreme Court Tuesday ordered a Las Vegas woman released from prison.The order comes a month after the court reversed the conviction of Joy Winston as an habitual criminal, concluding the...
It looks like the Nevada Supreme Court will not be releasing any opinions today. I suggest the following for your Thursday reading time: Supreme Court Receives Indigent Defense Study. The study is available here. The new Nevada Rules of Appellate...
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....
Here's the new website address: http://www.nevadajudiciary.us/. It's definitely prettier and the unpublished orders are much easier to find....
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....
The Nevada Supreme Court did not release any published opinions this week. The Court published its most recent opinions on January 29, 2009. To date, there are 6 published decisions this year. The Court has not posted an unpublished dispositions...
The Nevada Supreme Court has announced that it will begin webcasting all oral arguments over its website. The first oral arguments to be webcast will be held on March 2nd. The Court will also provide a synopses of the case...
Nevada Governor Jim Gibbons is proposing what I consider to be the most outrageous, deficient and insulting budget I can imagine. The 2870 page document is available here. Many of his proposed cuts will have a direct impact upon criminal...
The Nevada Supreme Court has issued a stay of discovery ordered by Judge Mosley in the capital case of State v. Curtis Bonilla. I don't remember how to download a pdf and the order is not published on the Court's website,...
I stopped doing "In the news" awhile back as it was too time consuming, but there's too much going on today to let it go. Check out the following: Las Vegas Review Journal publisher Sherman Frederick claims on his blog,...
Oral argument audio files are available for arguments held before the Nevada Supreme Court on January 6 and 7. Criminal cases include: Fields v. State Rico-Arreolla v. State Smith v. State Funderburk v. State Chavez v. State Noguera v. State...
These are not official, they do not include unpublished dispositions, and they may not be entirely correct, but here they are: Number of published opinions: 103 Criminal: 35 Civil: 57 Family: 1 Bar: 1 Judicial Discipline: 1 Certified question: 2 Election:...
On December 31, 2008, the Nevada Supreme Court adopted amendments to the Nevada Rules of Appellate Procedure in a 116 page order. Despite my suggestion/protest, the Court is allowing 4-to-a-page transcripts in all cases, meaning that I will get to...
Sheriff v. Burcham - In a 4-3 decision, with a majority decision authored by Justice Gibbons, the Court reverses the grant of a pretrial petition for a writ of habeas corpus and dismissing a charge of driving and/or being in...
Justice Hardesty will become the Chief Justice in 2009. Margaret Rudin will receive a new trial. Duh. Who didn't see this coming. Apparently Chris Owens, who stated to the RJ "I think it's a joke that the taxpayers will have...
Monday, December 1 The United States Supreme Court hears argument in Kansas v. Colorado (water rights) and 14 Penn Plaza LLC v. Pyett (wjehther collective bargaining agreements may require mandatory arbitration of civil rights claims). The United States Supreme Court...
While perusing through the newest posting of unpublished orders I found State v. District Court (Martinez), which is an order denying the State's original petition for a writ of mandamus or procedendo. I thought I was up on all of the...
Yea!! Olivares v. State - Olivares was convicted of first-degree murder with use of a deadly weapon. His counsel raised questions about his competency prior to trial, but the district court (Judge Bonaventure) refused to hold a hearing. The Court,...
There's not much to discuss concerning today's published opinion, but a few unpublished decisions are interesting. Dolores-Alvarez v. State - The non-English speaking defendant represented himself at trial. A Faretta canvass was conducted by the district court, but it...
A civil case: Waldman v. Maini - something about life insurance, the trust doctrine and the Uniform Simultaneous Death Act. I stopped reading after the third paragraph, so you're on your own for analysis....
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....
If you use an RSS reader, you can subscribe to a feed of all future entries tagged 'Nevada Supreme Court'. [What is this?]