Entries tagged with “nevada supreme court oral argument calendar” from Harmfulerror
Sims (Stanley) v. State,
Docket No. 52640
Churchill County High School - 9:45 a.m. - Justices Cherry, Saitta and Gibbons
Washoe County auto broker Stanley Sims is appealing his conviction for failing to pay several Arizona automobile dealerships for the cars they delivered to his customers. A grand jury indicted Sims on five counts of embezzlement. Sims filed a petition for habeas corpus, made several motions to dismiss the indictment, and sought to have the prosecutor disqualified, all of which were denied by the district court. Specifically, Sims sought to have the case dismissed on the basis that the prosecutor committed misconduct when he destroyed the grand jury record by retaining the exhibits, documents, and packets relied on by the grand jury; and ignored his obligation to present exculpatory evidence to the grand jury. Sims made several pre-trial motions, attempting to dismiss the charge for inadequate notice, and urged the district court to determine essential jury instructions, all of which the district court denied. However, the district court granted the State's request to amend the grand jury's indictment--striking factual language of Sims as a bailee, and the requirement of the intent to defraud. Sims entered a conditional guilty plea, and was sentenced to probation with the requirement that he pay restitution. Sims retained his right to appeal and this appeal followed. ISSUES: Did the district court err by refusing to dismiss Sims' indictment due to prosecutorial misconduct? Does the alleged lack of a complete record prevent the prosecutor from justifying the indictment? Does the alleged lack of a complete record violate Sims' Sixth Amendment rights and undermine the grand jury's legal basis for the indictment? Did the district court err by refusing to disqualify the prosecutor? Did the district court err in denying Sims' motion to dismiss for insufficient evidence? Did the district court err by amending the indictment? Did the district court err by denying Sims' motion to determine essential jury instructions? Does cumulative error require reversal?
Alford (Brian) v. State,
Docket No. 53415
Churchill County High School - 11:00 a.m. - Justice Michael Cherry
Brian Lamont Alford is appealing his conviction for first-degree murder with the use of a firearm in the death of Jerome Castro. In the incident, Castro and Alford fought in Castro's Reno home and Alford used the butt of the gun he carried to beat Castro. A single shot was fired that went through Castro's arm and struck him in the forehead, but did not penetrate or fracture his skull. Castro later died from his injuries. ISSUES: Is the evidence sufficient to support Alford's conviction? Did the district court abuse its discretion by giving certain jury instructions and admitting certain evidence? Did the district court err in curtailing the cross-examination of key witnesses? Did the district court abuse its discretion in denying Alford's pretrial writ of habeas corpus? Did the district court err in granting the State's motion to amend? Did the district court err in denying Alford's motion for a new trial? Should Alford's conviction be reversed because of prosecutorial misconduct or under the doctrine of cumulative error? (Disclaimer: This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all inclusive or reflect all positions of the parties.)
48991 - Wesley (Herbert) vs. State (Death Penalty-PC)
July 06 (10:00 AM)
Full Court
Herbert Wesley was convicted of two counts of first-degree murder with the use of a deadly weapon for the stabbing deaths of his father, Isaac Wesley, and his stepmother, Doella Wesley, in Clark County. He was also convicted of robbery with the use of a deadly weapon for the theft of property belonging to the victims. This court affirmed the judgment of conviction and death sentence on direct appeal. Subsequently, Wesley filed a post-conviction petition for a writ of habeas corpus, which was denied. The denial of that petition is the subject of this appeal. ISSUES: Did the district court err by denying Wesley's post-conviction petition as procedurally barred? Were trial and appellate counsel ineffective? Is Wesley entitled to a new penalty hearing under McConnell v. State?
49478 - Chappel (James) vs. State (Death Penalty)
July 06 (10:30 AM)
Full Court
After he was mistakenly released from jail, James Chappell went to the home of Deborah Panos, his ex-girlfriend and the mother of his three children, and stabbed her to death with a kitchen knife. A Clark County jury convicted Chappell of burglary, robbery, and first-degree murder and sentenced him to death. This court affirmed Chappell's conviction and death sentence on direct appeal. Chappell sought post-conviction relief in the district court and was granted a new penalty hearing. At the conclusion of the second penalty hearing, the jury again sentenced Chappell to death. Chappell is now appealing that judgment of conviction. ISSUES: Was there sufficient evidence to support the use of sexual assault as an aggravating circumstance to justify the death penalty? Did the district court improperly deny Chappell's motion to compel additional review by the district attorney's death penalty review committee? Did the district court err by not dismissing three potential jurors for cause? Did the district court err by admitting certain evidence at the second penalty hearing, including hearsay evidence, presentence investigation reports, victim impact testimony, and Chappell's trial testimony? Did the prosecutor commit misconduct during closing arguments?
50166 Foster vs. Dingwall
July 06 (11:30 AM)
Full Court
This is an appeal from a $72 million judgment awarded by the Clark County district court in a contract action after the court struck the appellants' pleadings and entered a default judgment as a sanction for discovery misconduct. ISSUES: Did the district court err when it struck appellants' pleadings and entered a default judgment in favor of the respondents? Did the district court err in calculating the sanctions? Did the district court err by awarding compensatory and punitive damages and attorney fees? Was the district court's award of special master fees appropriate?
52110 Mendoza-Lobos (Douglas) vs. State
July 06 (1:30 PM)
Full Court
Douglas Mendoza-Lobos is appealing his conviction in Washoe County for burglary, robbery with the use of a deadly weapon, sexual assault with the use of a deadly weapon, attempted sexual assault with the use of a deadly weapon, assault with a deadly weapon, and battery with a deadly weapon. ISSUES: Did the district court's statement on the record satisfy the requirements of NRS 193.165(1) in determining the length of the enhancement sentence? Did the district court impose an excessive sentence by running the sentences for each count consecutively?
53079 Yarber (Robert) vs. State
July 06 (2:00 PM)
Full Court
Robert Yarber appeals from his conviction in Washoe County, pursuant to a guilty plea, for attempted murder with the use of a deadly weapon. ISSUES: Did the district court err by failing to make findings about the basis for imposing a term for the deadly weapon enhancement that was equal to the term for the crime of attempted murder?
Webcasting of the argument is available at the Court's website.
48291 Rodriguez (Pedro) vs. State (Death Penalty-Pc)
May 04 (9:30 AM)
Carson City
Full Court
Rodriguez was originally convicted in Washoe County of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon. In an earlier appeal of his conviction, this court invalidated one aggravating circumstance (home invasion) but upheld Rodriguez's death sentence after reweighing the aggravating and mitigating circumstances. Rodriguez thereafter filed a post-conviction petition for a writ of habeas corpus in the district court, the denial of which is the subject of this appeal. ISSUES: Should Rodriguez' s death sentence be reversed based on claims that (1) the aggravating circumstances are invalid, (2) the assistance of trial or appellate counsel was ineffective, and (3) jury instructions were improper?
49350 State, Dep't Of Motor Vehicles vs. Junge
May 04 (10:30 AM) -
Carson City
Full Court
After respondent Junge obtained and renewed for several years a personalized license plate "HOE" (shorthand for "Tahoe" according to Junge) the DMV recalled the license plate because DMV's Special Plate Committee determined, after consulting the Urban Dictionary, that the plate carried a meaning that was inappropriate and offensive. An administrative law judge upheld DMV's decision, and Junge petitioned for judicial review. The district court reversed the administrative law judge's decision, and DMV has appealed that decision. The ACLU has filed an amicus brief opposing DMV's position. ISSUE: Do DMV regulations regarding personalized plates violate the First Amendment?
50218 Wyman (Catherine) vs. State
May 04 (12:30 PM)
Carson City
Full Court
This is an appeal of a Washoe County jury verdict convicting Wyman of second-degree murder. Wyman made a request in the district court for a certificate of materiality to obtain evidence from outside of Nevada (specifically, from California) regarding the mental health history of the State
50298 Bower vs. Harrah's Laughlin C/W 49783
May 04 (1:00 PM)
Carson City
Full Court
These consolidated appeals arise from a fight and shooting between two biker gangs that occurred at Harrah's Laughlin. Appellants allege they were not part of the fight but were injured as a result of the fight. The district court granted summary judgment in favor of Harrah's based on the issues arising from the fight and shooting having been resolved in two prior court cases over the same incident. Appellants were not parties to the prior court cases, but discovery for their cases was consolidated with those two cases. ISSUES: Did the district court err in granting summary judgment in favor of Harrah's? Did the district court err in awarding attorney fees and costs to Harrah's?
52055 In Re: Parental Rights As To GermanyMay 04 (2:30 PM)
Carson City
Full Court
In connection with an adoption plan, a biological mother, who is a member of the Cherokee Nation Tribe, relinquished her parental rights to the child at issue in this matter. Later, the adoption agency petitioned to terminate the parental rights of any putative father. The Cherokee Nation Tribe moved to intervene to invalidate and dismiss the proceedings, arguing that the case should be transferred to the tribal court because the district court did not have subject matter jurisdiction and the mother did not have standing to object to the transfer. The district court
49602 Fierle vs. Perez
May 05 (9:00 AM)
Carson City
Full Court
After Fierle suffered chemical burns from a chemotherapy treatment, she and her husband brought a medical tort action. The district court dismissed the complaint based on the couple's failure to submit a medical expert's affidavit along with the complaint, which is required by NRS 41A.071. The district court also denied the couple's motion for relief from the judgment. ISSUE: Did the district court err in dismissing the complaint and in denying the motion for relief from judgment?
50457 Middleton (David) vs. State (Death Penalty-Pc)May 05 (9:30 AM)
Middleton was previously convicted of two counts of first-degree murder, two counts of first-degree kidnapping, one count of grand larceny, one count of fraudulent use of a credit card, and two counts of ex-felon in possession of a firearm. He was sentenced to death. In an appeal of his judgment of conviction, Middleton's judgment and sentence were upheld. Middleton filed a post-conviction petition for a writ of habeas corpus in the Washoe County district court, the denial of which is the subject of this appeal. ISSUES: Did the district court err in dismissing several claims in the petition without conducting an evidentiary hearing? Were trial and appellate counsel ineffective? Is reversal of Middleton's death sentence required by McConnell v. State?
50859 Bielar vs. Washoe Health Systems, Inc.
May 05 (10:30 AM)
Carson City
Full Court
Bielar, who did not have health insurance or qualify for public assistance, was in an automobile accident. Bielar ultimately received a $1.3 million settlement from an insurance company. While the hospital placed a lien on the settlement, the insurer paid Bielar directly. Bielar paid the hospital in full but filed a suit in district court asserting that she was entitled to a 30 percent reduction in her bills pursuant to NRS 439B.260, which provides for the reduction of hospital bills under certain circumstances, including when the patient does not have health insurance or qualify for public assistance. The hospital moved for summary judgment on the basis that Bielar lacked standing to pursue the claim for reduction in the bill and the district court granted the hospital's motion. ISSUE: Did the district court err in finding that Bielar lacked standing and granting summary judgment to the hospital?
50065 KING (DAVID) vs. STATE
May 07 (9:00 AM)
Elko High School
Justices Cherry, Saitta, and Gibbons
This is an appeal from an Elko County district court order denying a motion for new trial based on newly discovered evidence. King was convicted of first-degree murder by means of child abuse for the death of his infant son. The motion for a new trial was based on evidence that surfaced after trial indicating the infant victim may have vomited near the time of his death, leading a forensic expert to suggest that a cause of death could not be determined and that the victim could have died of natural causes.
May 07 (9:30 AM)
Elko High School
Justices Cherry, Saitta, and Gibbons
This is an appeal of Ortega's conviction in Elko County of principal to trafficking in a controlled substance (methamphetamine) and possession of a controlled substance (cocaine). Ortega is also appealing an Elko County district court order denying a motion for new trial. Ortega was arrested after being stopped by a Nevada Highway Patrol trooper and warned to slow down and dim his headlights. During the stop, Ortega consented to a search of his vehicle where the NHP trooper discovered cocaine. After arresting the occupants of the car, the NHP trooper opened an airbag compartment with a screwdriver and discovered the methamphetamine. ISSUES: Did the use of a screwdriver to open the airbag compartment exceed the scope of the consent to search given by Ortega? Should Ortega have been convicted of being a principal to trafficking despite the jurors' belief that he did not know what drug was involved?
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.
Monday, March 2, 2009
47851 SANCHEZ VS. WAL-MART STORES
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49029 NC-DSH, INC. VS. GARNER
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
51159 KJH & RDA INVESTOR GROUP VS. DIST. CT. (TURNBERRY/MGM GRAND TOWERS)
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49760 ALLSTATE VS. MILLER
1:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
50218 WYMAN (CATHERINE) VS. STATE
2:00 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
It appears that this is a Washoe County case in which the Appellant was convicted of second degree murder for the death of her toddler child 30 years ago.
Tuesday, March 3, 2009
51037 LAS VEGAS DEV. CO. VS. CITY OF LAS VEGAS
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
51920 CARRIGAN VS. COMM'N ON ETHICS
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
52399 STEPHENS MEDIA, LLC VS. DIST. CT. (STATE)
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
The Nevada Supreme Court will hear en banc arguments in Carson City on January 6 and 7.
Tuesday, January 6, 2009
48329 THOMAS VS. HARDWICK, M.D.
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
48609 NOGUERA (CARLOS) VS. STATE
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
It appears that this is a Clark County case in which the appellant is represented by the Clark County Public Defender's Office. It appears that he was was convicted of two counts of sexual assault and was sentenced to life in prison with the possibility of parole. I do not know the issues presented.
48847 CHAVEZ (JAMES) VS. STATE
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
I have no details about this case.
49029 NC-DSH, INC. VS. GARNER
1:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49198 FUNDERBURK (SAMAJA) VS. STATE
2:00 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
It appears that the appellant is represented by John Parris and that the appellant was convicted of several counts of robbery based upon a string of convenience store robberies. He was initially charged with dozens of kidnapping counts, but those charges were dropped at the opening of trial. I do not know the issues presented on appeal.
50443 SMITH (JACOB) VS. STATE
2:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
I have no details about this case.
Wednesday, January 7, 2009
50251 ADAMS VS. CITY OF SPARKS C/S NOS. 49504/49682
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49682 ADAMS VS. CITY OF SPARKS C/W NOS. 49504/50251
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49504 ADAMS VS. CITY OF SPARKS C/W NOS. 49682/50251
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49512 RICO-ARREOLA (OSCAR) VS. STATE
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
It appears that this is a sexual assault case in which the defendant is represented by the Public Defender's Office. I do not know the issues presented on appeal.
50989 HD SUPPLY FACILITIES VS. BYMOEN (NRAP 5)
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
50497 FIELDS (JOHN) VS. STATE
1:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
I have no details about this case.
The Nevada Supreme Court will sit en banc and will hear oral arguments in Carson City on December 1 and 2:
Monday, December 1, 2008
49351 V AND S RAILWAY VS. WHITE PINE COUNTY
2:00 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
Tuesday, December 2, 2008
50625 REGENCY TOWERS VS. DIST. CT. (LAS VEGAS INT'L COUNTRY CLUB)
9:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49396 RIVERA VS. PHILIP MORRIS, INC. (NRAP 5)
11:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
Monday, November 10
US Supreme Court orders released (no new cert grants were ordered)
10:00 - US Supreme Court oral argument in Chambers v. United States (whether failure to report to prison is a "violent felony" under the Armed Career Criminals Act).
11:00 - US Supreme Court oral argument in United States v. Hayes (whether federal gun laws require a domestic relationship between an attacker and victim to qualify as a misdemeanor crime of "domestic violence").
1:00 - US Supreme Court oral argument in Melendez-Diaz v. Massachusetts (whether the Confrontation Clause gives criminal defendants a right to cross-examine forensic analysts who prepare laboratory reports for use in prosecution).
Tuesday, November 11
Holiday. Courts closed.
Wednesday, November 12
10:30 - Nevada Supreme Court oral argument in Jeffries v. State
11:30 - Nevada Supreme Court oral argument in Courtesy Cars v. Morgan
1:30 - Nevada Supreme Court oral argument in Perez-Marquez v. State
United States Supreme Court oral argument in Pleasant Grove City, UT v. Summum (whether donated monuments displayed in public parks qualify as private speech, thus requiring municipalities to display monuments from all other donors).
United States Supreme Court oral argument in Bell v. Kelly (whether the deferential standard in the federal habeas corpus statute should be applied to claims a state court did not conisder).
Thursday, November 13
Nevada Supreme Court opinion release day
10:00 - Nevada Supreme Court oral argument in Anderson v. Ruppco Inc.
10:30 - Nevada Supreme Court oral argument in Madruga v. Aguilar
1:30 - Nevada Supreme Court oral argument in Fields v. State
Friday, November 14
10:00 - Nevada Supreme Court oral argument in Ferguson v. Landmark Homes
10:30 - Nevada Supreme Court oral argument in State Engineer v. Morris Delee Revocable Trust
11:30 - Nevada Supreme Court oral argument in Cadle Co. II vs. Fountain
1:30 - Nevada Supreme Court oral argument in Las Vegas Paving v. Nevada Power
Wednesday, November 12, 2008
47176 JEFFRIES (CHRISTOPHER) VS. STATE
10:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
47582 COURTESY CARS VS. MORGAN
11:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
47691 PEREZ-MARQUEZ (OSCAR) VS. STATE
1:30 PM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
Thursday, November 13, 2008
48037 ANDERSON VS. RUPPCO INC.
10:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
48548 MADRUGA VS. AGUILAR
10:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
49417 FIELDS (LINDA) VS. STATE
1:30 PM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
Friday, November 14, 2008
49561 FERGUSON VS. LANDMARK HOMES & DEV., INC. C/W 49038
10:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
49038 FERGUSON VS. LANDMARK HOMES & DEV., INC. C/W 49561
10:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
49410 STATE ENGINEER VS. MORRIS DELEE REVOCABLE TRUST
10:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
49488 CADLE COMPANY II VS. FOUNTAIN
11:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
49766 LAS VEGAS PAVING VS. NEVADA POWER CO.
1:30 PM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
Monday, November 3, 2008
50079 STROMBERG (MICHAEL) VS. DISTRICT COURT
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
50445 SAVAGE (LONNIE) VS. DISTRICT COURT
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
51333 HERNANDEZ (MARCO) VS. DISTRICT COURT
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
45906 CITIZENS FOR COLD SPRINGS VS. CITY OF RENO
1:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
50356 CRAIN VS. DIST. CT. (MORA)
2:00 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
Tuesday, November 4, 2008
49961 WASHOE CO. SCHOOL DIST. VS. WASHOE EDUCATION ASS'N
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49754 MACK VS. ESTATE OF MACK
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
49883 HIGGS (CHAZ) VS. STATE
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
Feed Subscription
If you use an RSS reader, you can subscribe to a feed of all future entries tagged “nevada supreme court oral argument calendar”.