Entries tagged with “bar discipline” from Harmfulerror

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 actual control of a vehicle while under the influence of alcohol and causing death and/or substantial bodily harm.  The Court finds that the Cotter standard still applies for determining whether a defendant is "under the influence" despite a 1995 statutory change in NRS 484.3795.  To find someone "under the influence," a fact-finder must determine that the driver was impaired "to a degree which renders him incapable of driving safely."  The Court also concludes that expert testimony regarding retrograde extrapolation is not required for grand jury proceedings.  Justices Cherry, Douglas and Saitta concurred in the Cotter standard analysis but dissented as to the Court's holding regarding expert testimony for retrograde extrapolation.

Nellis Motors v. State, DMV - evidentiary hearing standard for revoking emission-inspector licenses 

Settelmeyer v. Smith & Harmer - attorney fees and receivership funds

In re Lerner - public reprimand issued against attorney for assisting in the authorized practice of law

Howell v. State Engineer - judicial review of State Engineer decisions regarding title to water rights