Entries tagged with “materiality” from Harmfulerror

Wyman v. State - The defendant was convicted of second-degree murder for the 1974 killing of her son.  The Court rejects her challenge to the district court's order denying a motion to dismiss based upon pre-indictment delay.  The Court finds that the district court did not abuse its discretion in denying the motion because she failed to demonstate that she was prejudiced by the delay and did not prove that the State intentionally delayed filing the complain to gain a tactical advantage over her.

The Court grants relief, and reverses the conviction, however, based upon a finding that the district court abused its discretion in denying  her request for a certificate of materiality to obtain the out-of-state mental health records of the State's primary witness, under Nevada's Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings, codified in NRS 174.395 through 174.445.  The Court finds that the records were "material" because they had some logical connection with the facts of consequence of the issues presented in the case.  The error was not harmless under the facts of the case.

Webb v. Clark County School District - The Paul D. Coverdell Teach Protection Act of 2001 is an affirmative defense in a civil action involving a teacher and student.  The Court also finds that deamages for psychological services rendered in Nevada by a person who is not properly licensed in this state is not recoverable.