Supreme Court of Nevada Decisions 2013
Date: December 26, 2013
Citation: 129 Nev. Adv. Op. No. 100
Docket Number: 59381
Justia Opinion Summary: Appellants filed this personal injury action against Jane Liles and her daughter, Susan Liles, for damages arising from a car accident in Nevada. Both Jane and Susan were California residents. At issue in this case was…
Date: December 26, 2013
Citation: 129 Nev. Adv. Op. No. 101
Docket Number: 61070
Justia Opinion Summary: David and Kelli Nilsson, who were divorced, held a half interest in certain property in Reno as tenants in common. After the divorce, Kelli and the parties’ children lived on the property, and David lived elsewhere.…
Date: December 26, 2013
Citation: 129 Nev. Adv. Op. No. 99
Docket Number: 61241
Justia Opinion Summary: Appellant was terminated from his position as a group supervisor at a youth center after an incident involving Appellant and one of the youths. Appellant, who was a classified employee with the State Department of Health…
Date: December 26, 2013
Citation: 129 Nev. Adv. Op. No. 102
Docket Number: 61262
Justia Opinion Summary: Defendant was charged with sexual assault and possession of child pornography. Defendant filed a motion to suppress evidence found on his computer pursuant to a search warrant because the warrant did not comply with Nev.…
Date: December 26, 2013
Citation: 129 Nev. Adv. Op. No. 98
Docket Number: 61308
Justia Opinion Summary: This dispute concerned unpaid homeowners’ association (HOA) dues. The district court concluded that the HOA fees were proper and awarded the HOA the unpaid fees and attorney fees. Appellants appealed. Meanwhile, the HOA…
Date: December 19, 2013
Citation: 129 Nev. Adv. Op. No. 97
Docket Number: 55303
Justia Opinion Summary: At issue in this case was trust property that was transferred from the trust to a limited partnership by consent of the trust beneficiaries. The partnership subsequently transferred the property to a third-party…
Date: December 12, 2013
Citation: 129 Nev. Adv. Op. No. 96
Docket Number: 57082
Justia Opinion Summary: In 2007, the Nevada Tax Commission (NTC) promulgated Nev. Admin. Code 361.61038, which set forth an apportionment formula for calculating remainder-parcel property values for purposes of Nev. Rev. Stat. 361.4722.…
Date: November 27, 2013
Citation: 129 Nev. Adv. Op. No. 95
Docket Number: 51920
Justia Opinion Summary: In Carrigan I, the Nevada Supreme Court held that city councilman Michael Carrigan's vote on the Lazy 8 hotel/casino project constituted protected speech under the First Amendment. The U.S. Supreme Court held that…
Date: November 27, 2013
Citation: 129 Nev. Adv. Op. No. 90
Docket Number: 55817
Justia Opinion Summary: At issue in this appeal was the admissibility of expert testimony related to sex offender grooming behavior, which describes the conduct undertaken by an offender to make the victim more receptive to sexual activity with…
Date: November 27, 2013
Citation: 129 Nev. Adv. Op. No. 92
Docket Number: 57749
Justia Opinion Summary: The special administrator of Decedent's estate petitioned to have Decedent's estate set aside without administration according to Decedent's 2007 will. Decedent's stepdaughters opposed the petition, arguing that a…
Date: November 27, 2013
Citation: 129 Nev. Adv. Op. No. 89
Docket Number: 59571
Justia Opinion Summary: Appellant was charged with a felony for leaving the scene of an accident that resulted in bodily injury. At the close of the evidence at trial, Defendant requested that the jury be instructed that it could not find him…
Date: November 27, 2013
Citation: 129 Nev. Adv. Op. No. 94
Docket Number: 59703
Justia Opinion Summary: Defendant was convicted of possession of a stolen vehicle, grand larceny of a vehicle, and failure to stop on the signal of a police officer. During the trial, the State used a PowerPoint presentation in its opening…
Date: November 27, 2013
Citation: 129 Nev. Adv. Op. No. 93
Docket Number: 59894
Justia Opinion Summary: Petitioners were sued by Investors who alleged that Petitioners had breached various statutory, contractual, and fiduciary duties. Petitioners filed numerous counterclaims alleging (1) Dana Gentry, a local television…
Date: November 27, 2013
Citation: 129 Nev. Adv. Op. No. 91
Docket Number: 62770
Justia Opinion Summary: The State charged Petitioner with two counts of first-degree murder and associated offenses. The State filed a motion in the juvenile court seeking to unseal and release Petitioner's juvenile records to assist in the…
Date: November 14, 2013
Citation: 129 Nev. Adv. Op. No. 87
Docket Number: 59507
Justia Opinion Summary: In 2007, Sandpointe Apartments obtained a loan secured by a deed of trust to real property. Stacy Yahraus-Lewis personally guaranteed the loan. After Sandpointe defaulted on the loan, the interest in the loan and…
Date: November 14, 2013
Citation: 129 Nev. Adv. Op. No. 88
Docket Number: 60129
Justia Opinion Summary: Respondent, Reno Newspapers Inc., submitted a public records request to Appellant, Public Employees' Retirement System of Nevada (PERS), seeking information stored in the individual files of retired employees. PERS…
Date: November 7, 2013
Citation: 129 Nev. Adv. Op. No. 82
Docket Number: 58006
Justia Opinion Summary: In post-judgment proceedings, a judgment creditor garnished the funds in bank accounts held by the judgment debtor jointly with the debtor's nondebtor children. The children petitioned for relief, claiming that the…
Date: November 7, 2013
Citation: 129 Nev. Adv. Op. No. 86
Docket Number: 59050
Justia Opinion Summary: Real parties in interest in this case were the owners and developers (collectively, P&R) and the general contractor (PCS) of a construction site in Las Vegas. Petitioner, an architecture firm, designed a housing project…
Date: November 7, 2013
Citation: 129 Nev. Adv. Op. No. 81
Docket Number: 59382
Justia Opinion Summary: Raymond Yeghiazarian died from injuries after colliding with Las Vegas Metropolitan Police Department (LVMPD) Officer Jared Wicks. Raymond's wife and her son and two daughters (collectively, the Yeghiazarian family)…
Date: November 7, 2013
Citation: 129 Nev. Adv. Op. No. 83
Docket Number: 60342
Justia Opinion Summary: After the Department of Taxation denied Respondent's claim for a refund of overpaid taxes, Respondent appealed. The matter reached the Supreme Court, which concluded that Respondent was entitled to a tax refund.…
Date: November 7, 2013
Citation: 129 Nev. Adv. Op. No. 84
Docket Number: 61229
Justia Opinion Summary: While employed by Employer, Appellant sustained an injury. Appellant filed an industrial injury claim. Employer's insurer (Insurer) partly accepted the claim but later closed Appellant's claim. After unsuccessfully…
Date: November 7, 2013
Citation: 129 Nev. Adv. Op. No. 85
Docket Number: 61690
Justia Opinion Summary: Petitioners were involved in an altercation with an Assailant at a Casino. The Petitioners filed a complaint against the Casino, alleging negligence. The Casino's answer asserted the Petitioners' comparative negligence…
Date: October 31, 2013
Citation: 129 Nev. Adv. Op. No. 79
Docket Number: 56706
Justia Opinion Summary: Appellant was charged with trafficking, possession for sale, and possession of controlled substances. Appellant filed a motion to suppress the evidence, arguing that the warrantless search of his car that uncovered…
Date: October 31, 2013
Citation: 129 Nev. Adv. Op. No. 76
Docket Number: 59735
Justia Opinion Summary: Appellant was twice convicted in municipal courts of riding a motorcycle without wearing proper headgear. Appellant appealed, seeking a trial de novo. The prosecution subsequently dismissed the charges with prejudice.…
Date: October 31, 2013
Citation: 129 Nev. Adv. Op. No. 77
Docket Number: 60153
Justia Opinion Summary: Husband and Wife had four children when Wife filed a complaint for divorce. During the trial proceedings, Wife, who was representing herself, failed to comply with several of Husband's discovery requests. Subsequently,…
Date: October 31, 2013
Citation: 129 Nev. Adv. Op. No. 78
Docket Number: 60358
Justia Opinion Summary: After Appellant, the Wynn Las Vegas, restructured its table-games department, it implemented a new tip-pooling policy for its table-games employees. Under the new policy, all tips were gathered and divided among the…
Date: October 31, 2013
Citation: 129 Nev. Adv. Op. No. 80
Docket Number: 60945
Justia Opinion Summary: Appellant filed a request with the Administrative office of the Courts (AOC) pursuant to Nevada's Public Records Act (Act) seeking access to certain records related to Nevada's Foreclosure Mediation Program. The AOC…
Date: October 10, 2013
Citation: 129 Nev. Adv. Op. No. 75
Docket Number: 58937
Justia Opinion Summary: Appellant was convicted of attempted burglary. The following year, Appellant was honorably discharged from probation. More than a decade later, Appellant filed a petition for a writ of coram nobis seeking relief from the…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 64
Docket Number: 56527
Justia Opinion Summary: Following a dispute over unpaid property assessments, a homeowners association, management company, and an assessment collection company (collectively, the HOA) sold McKnight Family, LLP's properties at a trustee sale.…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 65
Docket Number: 56801
Justia Opinion Summary: Respondent, a sitting justice of the peace with twenty-three years of creditable Public Employees' Retirement System (PERS) service, retired as justice of the peace and took office as a district court judge. As a…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 66
Docket Numbers: 57960, 59551, 60719
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 67
Docket Number: 58174
Justia Opinion Summary: Respondent purchased a luxury motor home manufactured by Appellant and took possession of the motor home despite noticing problems with the motor home during inspection. The motor home subsequently experienced…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 68
Docket Number: 58315
Justia Opinion Summary: Sha'Kayla St. Mary and Veronica Damon became romantically involved and decided to have a child together. The couple subsequently drafted a co-parenting agreement. Using Damon's egg and an anonymous donor's sperm, St.…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 69
Docket Number: 58761
Justia Opinion Summary: Saxon Special Servicing serviced a promissory note that secured a home loan for Appellants. After Appellants stopped making payments to Saxon, a notice of default was recorded. Appellants elected to mediate in Nevada's…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 72
Docket Number: 60395
Justia Opinion Summary: Respondents, the county board of county commissioners and county treasurer, attempted to provide refunds to property owners who paid excessive property taxes due to improper appraisals. To cover the cost of the refunds,…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 74
Docket Number: 61029
Justia Opinion Summary: Because Petitioner tested positive for drugs prior to a hearing in the juvenile drug court, the judge held Petitioner in contempt of court. Petitioner moved to stay the contempt order, contending that she could not be…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 73
Docket Number: 61068
Justia Opinion Summary: Among the issues in this appeal was whether a juvenile court has authority under Nev. Rev. Stat. 62C.230(1)(a) to dismiss a delinquency petition and refer a juvenile for informal supervision without the written approval…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 70
Docket Number: 61130
Justia Opinion Summary: Century Steel and Pacific Coast Steel (PCS) filed third- and fourth-party complaints and amended complaints against Converse Professional Group after being brought into commercial construction litigation as defendants.…
Date: October 3, 2013
Citation: 129 Nev. Adv. Op. No. 71
Docket Number: 61650
Justia Opinion Summary: At a foreclosure mediation, Homeowners and representatives of Lender agreed that foreclosure proceedings would be halted while Homeowners were being considered for a loan modification. Several months later, Homeowners…
Date: September 19, 2013
Citation: 129 Nev. Adv. Op. No. 61
Docket Number: 58803
Justia Opinion Summary: Respondent was hired as an expert witness in two Nevada civil court cases. To prepare for the cases, Respondent inspected the crime scenes, took measurements and photographs, and reviewed security measures and devices.…
Date: September 19, 2013
Citation: 129 Nev. Adv. Op. No. 62
Docket Number: 60242
Justia Opinion Summary: Petitioner brought a shareholder derivative suit on behalf of real party in interest Universal Travel Group (UTG) against the officers and directors of the UTG (collectively, the Jiang parties). The Jiang parties all…
Date: September 19, 2013
Citation: 129 Nev. Adv. Op. No. 63
Docket Number: 61747
Justia Opinion Summary: Real party in interest, a homeowner's association (HOA), filed construction defect actions against Petitioners. During discovery, Petitioners disclosed some of their primary insurance agreements to the HOA pursuant to…
Date: August 29, 2013
Citation: 129 Nev. Adv. Op. No. 60
Docket Number: 61129
Justia Opinion Summary: Geanie and Kevin were married by newly elected district court judge Bryce Duckworth. Although Duckworth had sworn his oath of office four days earlier, he was not authorized to take the bench for another several days.…
Date: August 22, 2013
Citation: 129 Nev. Adv. Op. No. 59
Docket Number: 58947
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and robbery. The Supreme Court affirmed Defendant's convictions, holding (1) the district court did not err in admitting inflammatory lyrics to a rap…
Date: August 1, 2013
Citation: 129 Nev. Adv. Op. No. 56
Docket Number: 58720
Justia Opinion Summary: Sierra International purchased a manufacturing facility's operations. Sierra later filed for bankruptcy. Appellants, the facility and its president, hired Respondent (MCW) to represent them in Sierra's bankruptcy action.…
Date: August 1, 2013
Citation: 129 Nev. Adv. Op. No. 57
Docket Number: 60262
Justia Opinion Summary: Appellants agreed to purchase a restaurant and real property on which the restaurant was located from Respondent. After Appellants failed to make payments on the promissory note, Respondent filed an action against…
Date: August 1, 2013
Citation: 129 Nev. Adv. Op. No. 58
Docket Number: 61674
Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary while in the possession of a deadly weapon and related counts. The Supreme Court identified certain errors in Defendant's sentence on direct appeal and remanded for…
Date: July 25, 2013
Citation: 129 Nev. Adv. Op. No. 52
Docket Number: 52477
Justia Opinion Summary: Logan D. was adjudicated delinquent for lewdness with a minor for an offense that occurred when Logan was seventeen years old. The law at the time of Logan's adjudication provided the juvenile court with discretion to…
Date: July 25, 2013
Citation: 129 Nev. Adv. Op. No. 53
Docket Number: 56146
Justia Opinion Summary: Defendant was convicted of first-degree murder with the use of a deadly weapon and related charges. Defendant timely appealed but died before his appeal was decided. Defendant's attorney filed a suggestion of death and a…
Date: July 25, 2013
Citation: 129 Nev. Adv. Op. No. 54
Docket Number: 60371
Justia Opinion Summary: Defendant was charged with attempted sexual assault of a child under fourteen and related charges. Defendant faced strong evidence, including his own admissions, that he had sexual contact with his daughter. During…
Date: July 25, 2013
Citation: 129 Nev. Adv. Op. No. 55
Docket Number: 61537
Justia Opinion Summary: Defendant in this case was in custody awaiting trial on a charge of murder with the use of a deadly weapon. Defendant successfully litigated a motion to suppress his incriminating statement to police based on his…
Date: July 11, 2013
Citation: 129 Nev. Adv. Op. No. 49
Docket Number: 57924
Justia Opinion Summary: Appellant received treatment at Hospital for injuries she sustained in an automobile accident. Appellant granted two statutory liens to Hospital on settlement proceeds she obtained from the tortfeasor for hospital…
Date: July 11, 2013
Citation: 129 Nev. Adv. Op. No. 51
Docket Number: 57928
Justia Opinion Summary: Defendant was charged with trafficking, possession for sale, and possession of controlled substances. Defendant moved to suppress the evidence of contraband seized during a traffic stop. The police officer stopped…
Date: July 11, 2013
Citation: 129 Nev. Adv. Op. No. 50
Docket Number: 58055
Justia Opinion Summary: Appellant hired Law Firm to represent him in a divorce action. After a post-decree dispute, Appellant paid Law Firm for the firm's work through entry of the final decree but did not pay Law Firm the fees it charged to…
Date: July 11, 2013
Citation: 129 Nev. Adv. Op. No. 48
Docket Number: 61986
Justia Opinion Summary: A grand jury indicted Petitioner for two counts of child abuse and neglect stemming from incidents in which Petitioner slapped and hit his pregnant sixteen-year-old girlfriend. Petitioner filed a pretrial petition for a…
Date: July 3, 2013
Citation: 129 Nev. Adv. Op. No. 45
Docket Number: 56193
Justia Opinion Summary: After a fire destroyed a recreation center in Nye County, Appellant, which owned and operated the center, filed a complaint in Nye County against numerous defendants. Some defendants filed a motion for change of venue to…
Date: July 3, 2013
Citation: 129 Nev. Adv. Op. No. 47
Docket Number: 56881
Justia Opinion Summary: Respondent owned a three-acre parcel, the northernmost twenty feet of which was in a county setback within which Power Company had an existing ten-foot-wide utility easement. Power Company later sought to exercise two…
Date: July 3, 2013
Citation: 129 Nev. Adv. Op. No. 43
Docket Number: 58391
Justia Opinion Summary: Appellant sued the trustee of his deceased wife's estate, claiming that the trustee improperly transferred Appellant's assets into the trust. Appellant also sought to disqualify the attorney who prepared the trust…
Date: July 3, 2013
Citation: 129 Nev. Adv. Op. No. 44
Docket Number: 60790
Justia Opinion Summary: Respondent owned four parcels of real property in Clark County. Respondent challenged the Clark County Assessor's assessment for the tax year 2011-2012 with the County Board of Equalization, which lowered the valuation.…
Date: July 3, 2013
Citation: 129 Nev. Adv. Op. No. 46
Docket Number: 62251
Justia Opinion Summary: The State sought an indictment against Petitioner on charges of sexual assault and lewdness involving a child. During the grand jury proceedings, the State presented the child-victim's out-of-court statements describing…
Date: June 27, 2013
Citation: 129 Nev. Adv. Op. No. 42
Docket Number: 60194
Justia Opinion Summary: After a general contractor (Perini) was sued in connection with alleged reinforcing steel defects on commercial construction project, Perini filed a counterclaim against the steel installer (Century) and the company to…
Date: June 6, 2013
Citation: 129 Nev. Adv. Op. No. 40
Docket Number: 58060
Justia Opinion Summary: Appellant obtained a home loan from Countywide Home Loans. The promissory note was secured by a deed of trust naming Countrywide as the lender and Mortgage Electronic Registration Systems (MERS) as beneficiary of the…
Date: June 6, 2013
Citation: 129 Nev. Adv. Op. No. 41
Docket Number: 59226
Justia Opinion Summary: Employee was injured during the course of his employment with Employer. Employer subsequently issued a notice of claim acceptance to Employee. Two years after his claim's closure, Employee unsuccessfully asked Employer…
Date: May 30, 2013
Citation: 129 Nev. Adv. Op. No. 34
Docket Number: 58664
Justia Opinion Summary: This dispute arose out of a nonjudicial foreclosure proceeding that Respondent bank initiated against a home owned by Appellants. Respondent purchased the home at the trustee's sale. When Appellants did not vacate,…
Date: May 30, 2013
Citation: 129 Nev. Adv. Op. No. 35
Docket Number: 58727
Justia Opinion Summary: Deloitte and Touche (Deloitte), a public accounting firm, performed a financial audit for Global Cash Access Holdings (GCA). While performing a financial audit for another client Larry Krause, a CPA employed by Deloitte,…
Date: May 30, 2013
Citation: 129 Nev. Adv. Op. No. 36
Docket Number: 58810
Justia Opinion Summary: A police department initiated an internal investigation of Appellant, a veteran of the department, regarding allegations of insurance fraud. During an internal investigation meeting, Appellant was not provided a police…
Date: May 30, 2013
Citation: 129 Nev. Adv. Op. No. 37
Docket Number: 59036
Justia Opinion Summary: Appellant filed an employment action against her former employer. Appellant initially authorized her attorney to settle with Respondent, but Appellant refused to sign the settlement agreement. Respondent filed a motion…
Date: May 30, 2013
Citation: 129 Nev. Adv. Op. No. 38
Docket Number: 59139
Justia Opinion Summary: The City of Sparks traditionally made most personnel and budget decisions for the Sparks Municipal Court. The City and Municipal Court later entered into a dispute over the City's exercise of this authority. The district…
Date: May 30, 2013
Citation: 129 Nev. Adv. Op. No. 39
Docket Number: 59396
Justia Opinion Summary: Wife filed for Chapter 7 bankruptcy relief. Husband did not join in the bankruptcy petition or file a separate petition for relief. Under bankruptcy law, the bankruptcy estate includes all of the marital community…
Date: May 16, 2013
Citation: 129 Nev. Adv. Op. No. 33
Docket Number: 58261
Justia Opinion Summary: This dispute arose out of a written option contract under which Respondent had the right to purchase real property from Appellants for $8 million. The property was subject to a deed of trust securing approximately $1.3…
Date: May 2, 2013
Citation: 129 Nev. Adv. Op. No. 29
Docket Number: 58714
Justia Opinion Summary: Chrysler Group, LLC, a motor vehicle manufacturer, reimbursed two buyers of defective vehicles the full purchase price, including sales tax, pursuant to Nevada's lemon law. Thereafter, Chrysler sought refunds of the…
Date: May 2, 2013
Citation: 129 Nev. Adv. Op. No. 30
Docket Number: 58869
Justia Opinion Summary: In 2008, Regents Bank issued two loans to Appellant. After Appellant failed to repay either loan, Regents filed a complaint in district court for breach of contract and judicial foreclosure. The district court stayed the…
Date: May 2, 2013
Citation: 129 Nev. Adv. Op. No. 31
Docket Number: 59089
Justia Opinion Summary: Respondent, a firefighter, filed a claim for workers' compensation benefits after he was diagnosed with cancer within four years from the commencement of his employment with the City. Respondent asserted that his cancer…
Date: May 2, 2013
Citation: 129 Nev. Adv. Op. No. 32
Docket Number: 59936
Justia Opinion Summary: Homeowner attended a first Foreclosure Mediation Program (FMP) mediation with Citimortgage, after which Defendant was denied a loan modification. The district court subsequently ordered a second mediation. PennyMac Corp.…
Date: April 25, 2013
Citation: 129 Nev. Adv. Op. No. 25
Docket Number: 56674
Justia Opinion Summary: Appellant filed a complaint for professional negligence against a doctor of podiatric medicine and his employer. Appellant filed the complaint without a supporting Nev. Rev. Stat. 41A.071 affidavit of merit because…
Date: April 25, 2013
Citation: 129 Nev. Adv. Op. No. 26
Docket Number: 59392
Justia Opinion Summary: After a jury trial, Defendant was convicted burglary while in possession of a firearm, robbery with the use of a deadly weapon, and coercion. Defendant moved to suppress the confession he made while at the police…
Date: April 25, 2013
Citation: 129 Nev. Adv. Op. No. 28
Docket Number: 59554
Justia Opinion Summary: Mother and Father shared joint legal and physical custody of their minor child. Based on evidence of domestic violence, Mother obtained a fictitious address from the Secretary of State, who could not disclose Mother's…
Date: April 25, 2013
Citation: 129 Nev. Adv. Op. No. 27
Docket Number: 60298
Justia Opinion Summary: The State charged Respondent with misdemeanor and felony crimes stemming from a domestic violence incident. A justice of the peace, who was sitting as a district court hearing master pursuant to Eighth Judicial District…
Date: April 18, 2013
Citation: 129 Nev. Adv. Op. No. 24
Docket Number: 56151
Justia Opinion Summary: After a jury trial, Appellant was convicted of willfully endangering a child as a result of child abuse, a gross misdemeanor, and battery by strangulation, a felony. Appellant's defense was parental discipline privilege…
Date: April 18, 2013
Citation: 129 Nev. Adv. Op. No. 23
Docket Number: 60799
Justia Opinion Summary: Appellant pleaded guilty to one count of lewdness with a child under fourteen years of age. The district court determined that restitution should be imposed as part of the sentence but did not set an amount of…
Date: April 4, 2013
Citation: 129 Nev. Adv. Op. No. 17
Docket Number: 54408
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to commit murder, murder with the use of a deadly weapon, and discharging a firearm at or into a vehicle. Defendant appealed, arguing, inter alia, that his Sixth…
Date: April 4, 2013
Citation: 129 Nev. Adv. Op. No. 18
Docket Number: 57024
Justia Opinion Summary: Respondents were involved in the development and construction of Holcomb Condominiums (Condos). Appellant was the homeowners' association for Condos. Appellant filed, on behalf of itself and all condominium homeowners, a…
Date: April 4, 2013
Citation: 129 Nev. Adv. Op. No. 19
Docket Number: 58149
Justia Opinion Summary: This appeal was taken from a district court order in a quiet title action. While the appeal was pending, the Bureau of Land Management (BLM) declared twenty-seven unpatented mining claims asserted by Appellant forfeit…
Date: April 4, 2013
Citation: 129 Nev. Adv. Op. No. 20
Docket Number: 58628
Justia Opinion Summary: After a jury trial, Defendant was convicted of invasion of a home in violation of a temporary protective order (TPO). Defendant did not file a motion with the district court regarding the TPO's validity and did not…
Date: April 4, 2013
Citation: 129 Nev. Adv. Op. No. 21
Docket Number: 61646
Justia Opinion Summary: Judgment creditors obtained judgments in Florida against Jeffrey Kirsch and various entities he created (collectively, judgment debtors). Kirsch also created Rock Bay, a Nevada company. After the Florida litigation…
Date: April 4, 2013
Citation: 129 Nev. Adv. Op. No. 22
Docket Number: 62361
Justia Opinion Summary: Petitioner was charged with sexual assault of a minor and lewdness with a child. The jury acquitted Petitioner of the lewdness count and deadlocked on the sexual assault count. The district court declared a mistrial on…
Date: March 28, 2013
Citation: 129 Nev. Adv. Op. No. 16
Docket Number: 59297
Justia Opinion Summary: More than a year after Wife's and Husband's divorce, Wife filed a motion to reopen discovery. Wife also filed a motion to disqualify Judge Gonzalez from hearing the motion to reopen discovery, asserting that Judge…
Date: March 14, 2013
Citation: 129 Nev. Adv. Op. No. 15
Docket Number: 58751
Justia Opinion Summary: Plaintiff filed a complaint against Defendant for libel per se and negligent infliction of emotional distress based on Defendant's posting on the Internet accusing Plaintiff and his wife, a city councilwoman, of not…
Date: March 7, 2013
Citation: 129 Nev. Adv. Op. No. 14
Docket Number: 58393
Justia Opinion Summary: In 2009, Respondents hired a construction company (Company) to construct a shooting range. Respondents paid Company's bills as the construction continued through the summer and fall. By September, Company had billed…
Date: February 28, 2013
Citation: 129 Nev. Adv. Op. No. 12
Docket Number: 59258
Justia Opinion Summary: Appellant filed a civil complaint against Respondent. Respondent moved to dismiss the complaint and filed a motion for an order declaring Appellant to be a vexatious litigant. The district court granted the motion to…
Date: February 28, 2013
Citation: 129 Nev. Adv. Op. No. 13
Docket Number: 60071
Justia Opinion Summary: Child was placed into the protective custody of the County Department of Social Services after Child was found with her extremely intoxicated mother. Child's father (Father) was not involved in the events leading to…
Date: February 14, 2013
Citation: 129 Nev. Adv. Op. No. 10
Docket Number: 61102
Justia Opinion Summary: Kourtney Morrow filed a complaint for divorce from Craig Morrow and a motion for child custody. A hearing on the motion was set to be heard by Judge Robert Teuton. On April 20, 2012, Kourtney served Craig with the…
Date: February 14, 2013
Citation: 129 Nev. Adv. Op. No. 11
Docket Number: 62260
Justia Opinion Summary: A criminal complaint was filed against Petitioner, and Richard Tannery was appointed to represent Petitioner. A notice of intent to seek an indictment was served by facsimile transmission to Tannery's office. The grand…
Date: February 14, 2013
Citation: 129 Nev. Adv. Op. No. 6
Docket Number: 57203
Justia Opinion Summary: Appellant Corporation executed a promissory note secured by a deed of trust on property to Respondents. Appellant did not pay annual property taxes, and a delinquent-tax certificate was issued. Because Corporation also…
Date: February 14, 2013
Citation: 129 Nev. Adv. Op. No. 7
Docket Number: 57818
Justia Opinion Summary: Appellant pleaded guilty to attempted robbery, and the district court entered a judgment of conviction. Appellant subsequently filed a post-conviction petition for a writ of habeas corpus. The district court granted the…
Date: February 14, 2013
Citation: 129 Nev. Adv. Op. No. 8
Docket Number: 58255
Justia Opinion Summary: Appellant pleaded guilty to attempted sexual assault in an Alford plea. Before sentencing, John Pacult, a licensed social worker, performed a psychosexual evaluation of Appellant. After conducting a series of…
Date: February 14, 2013
Citation: 129 Nev. Adv. Op. No. 9
Docket Number: 58609
Justia Opinion Summary: Respondents sought to permanently enjoin their neighbor, Appellant, from constructing a wind turbine on his residential property, asserting that the proposed turbine would constitute a nuisance. The district court agreed…
Date: January 31, 2013
Citation: 129 Nev. Adv. Op. No. 2
Docket Number: 55877
Justia Opinion Summary: The City brought an eminent domain action to acquire a forty-foot-wide strip of real property from Respondent. Respondent's predecessor-in-interest originally acquired title to this property through a federal land patent…
Date: January 31, 2013
Citation: 129 Nev. Adv. Op. No. 3
Docket Number: 57779
Justia Opinion Summary: Appellant was the beneficiary of three life insurance policies insuring her husband. After the death of Appellant's husband, Appellant and one of the insurers (Insurer) disputed how the policy proceeds would be paid to…
Date: January 31, 2013
Citation: 129 Nev. Adv. Op. No. 4
Docket Number: 59557
Justia Opinion Summary: In 2003, the Legislature passed the Red Rock Canyon Conservation Area and Adjacent Lands Act (Act), which adopted amendments to Nevada law that prohibited Clark County from rezoning land in certain areas adjacent to Red…
Date: January 31, 2013
Citation: 129 Nev. Adv. Op. No. 5
Docket Number: 61996
Justia Opinion Summary: Appellant, a Nevada political action committee, sought to enact a law through Nevada's ballot initiative process to provide a new funding sources for the state's public school K-12 education need. The proposed law,…
Date: January 17, 2013
Citation: 129 Nev. Adv. Op. No. 1
Docket Number: 57481
Justia Opinion Summary: Appellant was charged via criminal complaint with sex offender failure to notify appropriate agencies of change of address. Appellant's counsel filed a motion to dismiss. The State did not file an opposition, and the…
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