Supreme Court of Nevada Decisions 2019
Date: December 26, 2019
Citation: 135 Nev. Adv. Op. No. 64
Docket Number: 73484
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellants' putative class action alleging that Respondents, current or former Nev. Rev. Stat. Chapter 107 trustees, engaged in unlicensed debt…
Date: December 26, 2019
Citation: 135 Nev. Adv. Op. No. 65
Docket Number: 74341
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of conviction, pursuant to a jury verdict, of two counts of first-degree murder with the use of a deadly weapon and other crimes, holding that the…
Date: December 26, 2019
Citation: 135 Nev. Adv. Op. No. 66
Docket Number: 75477
Justia Opinion Summary: The Supreme Court reversed nine district court orders directing payment from the Nevada Real Estate Education, Research and Recovery Fund (the Fund), one to Melani Schulte individually and eight to various LLCs in her…
Date: December 26, 2019
Citation: 135 Nev. Adv. Op. No. 69
Docket Number: 75662
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting Respondent's pretrial motion to dismiss the indictment for violation of his Sixth Amendment right to a speedy trial, holding that Respondent properly…
Date: December 26, 2019
Citation: 135 Nev. Adv. Op. No. 63
Docket Number: 76715
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Petitioner's petition to seal criminal records, holding that because the parties did not cite all of the proper statutes governing Petitioner's petition…
Date: December 26, 2019
Citation: 135 Nev. Adv. Op. No. 67
Docket Number: 76737
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying a prisoner's petition for judicial review challenging the amount of compensation he received, upon his release, in connection with the industrial injury…
Date: December 26, 2019
Citation: 135 Nev. Adv. Op. No. 68
Docket Number: 77622
Justia Opinion Summary: The Supreme Court affirmed the district court's decision applying the pre-2007 version of Nev. Rev. Stat. 209.4465 to Defendant's criminal conduct in this case, holding that the 2007 amendment to Nev. Rev. Stat. 209.4465…
Date: December 19, 2019
Citation: 135 Nev. Adv. Op. No. 61
Docket Number: 74163
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court determining that Appellant took certain nonresidential property subject to Respondent's existing mortgage on the subject property, holding that Appellant took…
Date: December 19, 2019
Citation: 135 Nev. Adv. Op. No. 62
Docket Number: 74468
Justia Opinion Summary: The Supreme Court vacated the judgment of conviction, pursuant to a jury verdict, of seven counts of robbery with the use of a deadly weapon and other offenses, holding that Defendant made specific factual allegations…
Date: December 12, 2019
Citation: 135 Nev. Adv. Op. No. 59
Docket Number: 73274
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying an anti-SLAPP special motion to dismiss in a tort action, holding that, in determining whether the communications were made in good faith, the court must…
Date: December 12, 2019
Citation: 135 Nev. Adv. Op. No. 60
Docket Number: 73632
Justia Opinion Summary: In this case involving workers' compensation for "traveling" employees the Supreme Court vacated the order of the district court denying Appellants' petition for judicial review of the denial of their request for…
Date: December 5, 2019
Citation: 135 Nev. Adv. Op. No. 58
Docket Number: 78333
Justia Opinion Summary: The Supreme Court granted in part a petition for a writ of prohibition or mandamus challenging a discovery ruling compelling Petitioner to disclose the identity of his sources in a tort action, holding that digital media…
Date: November 27, 2019
Citation: 135 Nev. Adv. Op. No. 56
Docket Number: 74076
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court admitting certain out-of-court statements after finding that the witness was unavailable and that Defendant had intentionally deterred the witness from…
Date: November 27, 2019
Citation: 135 Nev. Adv. Op. No. 57
Docket Number: 76676
Justia Opinion Summary: The Supreme Court declined to reconsider well-settled Nevada law that when a district court imposes a sentence in a criminal case it must give a defendant credit for any time the defendant was spent in presentence…
Date: November 14, 2019
Citation: 135 Nev. Adv. Op. No. 55
Docket Number: 73444
Justia Opinion Summary: In this appeal from the denial of a postconviction habeas petition, the Supreme Court affirmed the judgment of the district court, holding that Appellant was not allowed to raise direct appeal issues related to his 1995…
Date: November 7, 2019
Citation: 135 Nev. Adv. Op. No. 54
Docket Number: 77529
Justia Opinion Summary: The Supreme Court granted in part Defendant's petition for a writ of mandamus challenging a district court order denying his pretrial petition for a writ of habeas corpus and motion to dismiss the indictment with…
Date: October 24, 2019
Citation: 135 Nev. Adv. Op. No. 53
Docket Number: 76024
Justia Opinion Summary: The Supreme Court granted the Nevada Board of Parole Commissioners' petition for a writ of mandamus challenging the district court's decision denying the Parole Board's petition for modification of Marlin Thompson's…
Date: October 17, 2019
Citation: 135 Nev. Adv. Op. No. 52
Docket Number: 76904
Justia Opinion Summary: The Supreme Court overruled Barto v. Weishaar, 692 P.2d 498 (Nev. 1985), and its conclusion that a suggestion of death emanating from the deceased party must identify the deceased party's successor or representative to…
Date: October 10, 2019
Citation: 135 Nev. Adv. Op. No. 50
Docket Number: 75932
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of first-degree murder and affirmed the judgment of conviction as to the other charges for which Defendant was convicted, holding that the district court abused its…
Date: October 10, 2019
Citation: 135 Nev. Adv. Op. No. 51
Docket Number: 76121
Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing Appellant's complaint because he filed it, though he did not serve it, without an affidavit and expert report, holding that an initial pleading filed…
Date: October 3, 2019
Citation: 135 Nev. Adv. Op. No. 47
Docket Number: 73977
Justia Opinion Summary: The Supreme Court affirmed the district court's distribution of community property upon the divorce of Richard Kilgore and Eleni Kilgore, holding that a district court has significant discretion when determining whether…
Date: October 3, 2019
Citation: 135 Nev. Adv. Op. No. 48
Docket Number: 75323
Justia Opinion Summary: The Supreme Court affirmed the district court's determination that Ruby Lake Estates Homeowner's Association's (RLEHOA) authority to impose assessments on Appellants, property owners in Ruby Lake Estates (RLE), holding…
Date: October 3, 2019
Citation: 135 Nev. Adv. Op. No. 49
Docket Number: 76792
Justia Opinion Summary: The Supreme Court granted a petition for a writ of prohibition directing the district court to grant Petitioner's motion to dismiss the underlying petition for judicial review and clarifying that premature petitions for…
Date: September 26, 2019
Citation: 135 Nev. Adv. Op. No. 44
Docket Number: 74335
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part an order of the district court granting a petition for judicial review of a decision of the administrative law judge (ALJ) and vacated the ALJ's order finding that…
Date: September 26, 2019
Citation: 135 Nev. Adv. Op. No. 45
Docket Number: 74532
Justia Opinion Summary: In this homeowners' association (HOA) foreclosure case, the Supreme Court reversed the district court's grant of summary judgment to U.S. Bank, N.A. and remanded for entry of summary judgment for SFR Investments Pool 1,…
Date: September 26, 2019
Citation: 135 Nev. Adv. Op. No. 46
Docket Number: 76062
Justia Opinion Summary: The Supreme Court reversed the order of the district court awarding attorney fees in a wrongful termination suit, holding that because Plaintiff's wrongful termination claim rested on a novel yet arguable construction of…
Date: September 19, 2019
Citation: 135 Nev. Adv. Op. No. 43
Docket Number: 73031
Date: September 12, 2019
Citation: 135 Nev. Adv. Op. No. 41
Docket Number: 74266
Justia Opinion Summary: The Supreme Court affirmed the district court's decision to reinstate Happy Creek, Inc.'s original water rights' priority dates in equity, holding that, under the extraordinary circumstances of this case, the district…
Date: September 12, 2019
Citation: 135 Nev. Adv. Op. No. 42
Docket Number: 75208
Justia Opinion Summary: The Supreme Court granted Petitioner's petition for a writ of mandamus challenging the district court's decision affirming his conviction and disagreeing with Petitioner's argument that he was erroneously denied the…
Date: September 5, 2019
Citation: 135 Nev. Adv. Op. No. 35
Docket Number: 72737
Justia Opinion Summary: In this claim for workers' compensation benefits the Supreme Court affirmed in part and reversed in part the decision of the district court affirming the appeals officer's decisions as to compensability and liability and…
Date: September 5, 2019
Citation: 135 Nev. Adv. Op. No. 36
Docket Number: 74071
Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court convicting Defendant of multiple sex offenses against children and related offenses, holding that the trial judge's behavior and statements during voir dire…
Date: September 5, 2019
Citation: 135 Nev. Adv. Op. No. 37
Docket Number: 74076
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court admitting certain out-of-court statements after finding that the witness was unavailable and that Defendant had intentionally deterred the witness from…
Date: September 5, 2019
Citation: 135 Nev. Adv. Op. No. 39
Docket Number: 74808
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting summary judgment for Respondents - Nevada Auto Dealership and its surety company, Corepointe Insurance Company - on Appellant's lawsuit brought under…
Date: September 5, 2019
Citation: 135 Nev. Adv. Op. No. 38
Docket Number: 75596
Justia Opinion Summary: In this case brought by Plaintiffs seeking to enforce a settlement agreement the Supreme Court reversed the judgment of the district court denying Defendants' motion to compel arbitration, holding that the Federal…
Date: September 5, 2019
Citation: 135 Nev. Adv. Op. No. 40
Docket Number: 75783
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellant's timely petition for judicial review of an administrative decision, holding that because Appellant did not demonstrate good cause for…
Date: August 29, 2019
Citation: 135 Nev. Adv. Op. No. 34
Docket Number: 72613
Justia Opinion Summary: In this case where Defendant was convicted of six counts of violating Nev. Rev. Stat. 202.360, which makes it a felony for certain categories of prohibited person to possess a firearm, the Supreme Court reversed the…
Date: August 1, 2019
Citation: 135 Nev. Adv. Op. No. 32
Docket Number: 70164
Justia Opinion Summary: In this case concerning a mentally disabled passenger who suffered a non-transportation-related injury on the bus the Supreme Court determined that the district court erred by instructing the jury that the bus company…
Date: August 1, 2019
Citation: 135 Nev. Adv. Op. No. 33
Docket Number: 75743
Justia Opinion Summary: The Supreme Court granted the City of Mesquite's petition and issued a writ of mandamus instructing the district court to vacate its order denying the City's motion to dismiss a local government employee's complaint…
Date: August 1, 2019
Citation: 135 Nev. Adv. Op. No. 31
Docket Number: 76948
Justia Opinion Summary: The Supreme Court dismissed for lack of jurisdiction an order of the district court extending a temporary guardianship and denying a motion to dismiss, holding that the order was not independently appealable. Respondent…
Date: July 25, 2019
Citation: 135 Nev. Adv. Op. No. 30
Docket Number: 72747
Justia Opinion Summary: In this action to quiet title the Supreme Court affirmed the judgment of the district court determining that the Federal Home Loan Mortgage Corporation (Freddie Mac) owned the subject loan at the time of a homeowner…
Date: July 25, 2019
Citation: 135 Nev. Adv. Op. No. 29
Docket Number: 74901
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Appellant of two counts of first-degree murder with a deadly weapon after adopting a framework for analyzing the appropriateness of juror…
Date: July 18, 2019
Citation: 135 Nev. Adv. Op. No. 28
Docket Number: 77669
Justia Opinion Summary: The Supreme Court granted Petitioner's petition for a writ of mandamus challenging the judgment of the district court increasing Petitioner's bail from $25,000 to $100,000, holding that the district court failed to…
Date: July 3, 2019
Citation: 135 Nev. Adv. Op. No. 22
Docket Number: 72371
Justia Opinion Summary: In this breach of contract action the Supreme Court reversed the portion of the district court's judgment awarding attorney fees as special damages, holding that attorney fees incurred by a plaintiff in bringing a…
Date: July 3, 2019
Citation: 135 Nev. Adv. Op. No. 23
Docket Number: 74153
Justia Opinion Summary: In this action to quiet title to real property the Supreme Court affirmed the district court's grant of summary judgment in favor of the homeowner, holding that the homeowner complied with the redemption statute allowing…
Date: July 3, 2019
Citation: 135 Nev. Adv. Op. No. 26
Docket Number: 74575
Justia Opinion Summary: In this homeowner's association (HOA) lien foreclosure dispute the Supreme Court vacated the judgment of the district court holding that a lien foreclosure sale extinguished the first deed of trust and quieting title in…
Date: July 3, 2019
Citation: 135 Nev. Adv. Op. No. 24
Docket Number: 75001
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's postconviction petition for a writ of habeas corpus, holding that the district court did not err in rejecting Appellant's argument that…
Date: July 3, 2019
Citation: 135 Nev. Adv. Op. No. 25
Docket Number: 75198
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting summary judgment in favor of Respondents, a real estate appraisal company and a professional real estate appraiser, as to Appellants' allegations that…
Date: July 3, 2019
Citation: 135 Nev. Adv. Op. No. 27
Docket Number: 75769
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's motion to make three predicate findings necessary to petition to petition the federal government for special immigrant juvenile (SIJ) status…
Date: June 27, 2019
Citation: 135 Nev. Adv. Op. No. 21
Docket Number: 74876
Justia Opinion Summary: In this case requiring the correct interpretation of the garbage lien statute, Nev. Rev. Stat. 444.520, and the procedures required to perfect and foreclose on a garbage lien the Supreme Court held that the reference to…
Date: June 13, 2019
Citation: 135 Nev. Adv. Op. No. 20
Docket Number: 74803
Justia Opinion Summary: In this legal malpractice action the Supreme Court reversed the order of the district court dismissing Appellants' claims, holding that the district court erred by finding that Appellants' claims against Respondents were…
Date: June 6, 2019
Citation: 135 Nev. Adv. Op. No. 19
Docket Number: 71941
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court in this contract action, holding that any failure by landlords to strictly comply with any contractual notice provisions when declaring a lease in default is…
Date: June 6, 2019
Citation: 135 Nev. Adv. Op. No. 17
Docket Number: 72057
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction for sexual assault but upheld his remaining convictions for other sexually-related counts, including attempted sexual assault, holding that there was insufficient…
Date: June 6, 2019
Citation: 135 Nev. Adv. Op. No. 18
Docket Number: 74048
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting judicial review of the decision of the Nevada Occupational Safety and Health Administration Review Board to overturn a workplace safety citation on the…
Date: May 30, 2019
Citation: 135 Nev. Adv. Op. No. 16
Docket Number: 73465
Justia Opinion Summary: The Supreme Court affirmed the district court's denial of Defendant's procedurally barred postconviction petition for a writ of habeas corpus asserting that he was entitled to a new penalty hearing, holding that…
Date: May 16, 2019
Citation: 135 Nev. Adv. Op. No. 15
Docket Number: 71516
Justia Opinion Summary: The Supreme Court affirmed the judgment of conviction resulting in Defendant receiving a longer sentence after successfully appealing his first conviction, holding that the presumption of vindictiveness does not apply…
Date: May 2, 2019
Citation: 135 Nev. Adv. Op. No. 11
Docket Number: 73175
Justia Opinion Summary: The Supreme Court affirmed the orders of the district court dismissing Michael Tricarichi's fraud, conspiracy, and racketeering claims against Respondents, holding that Tricarichi failed to establish personal…
Date: May 2, 2019
Citation: 135 Nev. Adv. Op. No. 12
Docket Number: 73277
Justia Opinion Summary: The Supreme Court reversed the district court's denial of the petition filed by the Nevada Department of Corrections (NDOC) seeking judicial review of a hearing officer's decision to reinstate Brian Ludwick's employment…
Date: May 2, 2019
Citation: 135 Nev. Adv. Op. No. 13
Docket Number: 73933
Justia Opinion Summary: The Supreme Court reversed the decision of the State Engineer granting Intermountain Water Supply Ltd., which held water rights permits to transmit water to Lemmon Valley for municipal use, an extension of time in which…
Date: May 2, 2019
Citation: 135 Nev. Adv. Op. No. 14
Docket Number: 73971
Justia Opinion Summary: The Supreme Court affirmed the district court's denial of the City of Reno's petition for judicial review of an appeals officer's decision that the City was not entitled to reduce Respondent's lump sum permanent partial…
Date: April 25, 2019
Citation: 135 Nev. Adv. Op. No. 9
Docket Number: 71147
Justia Opinion Summary: In this divorce action, the Supreme Court affirmed in part and reversed and remanded in part the district court's award of alimony not based on need and unequal distribution of the parties' community property due to one…
Date: April 25, 2019
Citation: 135 Nev. Adv. Op. No. 10
Docket Number: 74964
Justia Opinion Summary: The Supreme Court reversed the district court's order granting Respondent's motion to decant half of a wholly charitable trust's property, holding that the district court erred in ordering a course of action that the…
Date: March 14, 2019
Citation: 135 Nev. Adv. Op. No. 8
Docket Number: 71268
Justia Opinion Summary: The Supreme Court reversed the decision of the district court setting aside a nonjudicial foreclosure sale by a unit-owners’ association (UOA), holding that title vested in the purchaser’s name and that there were no…
Date: March 7, 2019
Citation: 135 Nev. Adv. Op. No. 7
Docket Number: 73785
Justia Opinion Summary: The Supreme Court reversed the district court's judgment determining that a foreclosure sale extinguished a bank's deed of trust when an homeowner's association (HOA) agent told a deed of trust beneficiary's agent that…
Date: February 28, 2019
Citation: 135 Nev. Adv. Op. No. 6
Docket Number: 75050
Justia Opinion Summary: The Supreme Court affirmed the district court’s order dismissing Plaintiff-inmate’s complaint to the extent Plaintiff asserted state tort claims under Nev. Rev. Stat. 41.031 and 41.0337 but reversed the district court’s…
Date: February 28, 2019
Citation: 135 Nev. Adv. Op. No. 5
Docket Number: 75675
Justia Opinion Summary: The Supreme Court denied Jennifer Henry’s petition for a writ of prohibition challenging the Nevada Commission on Judicial Discipline’s authority to discipline her, holding that Nev. Rev. Stat. 1.428, the statute giving…
Date: February 7, 2019
Citation: 135 Nev. Adv. Op. No. 4
Docket Number: 71770
Justia Opinion Summary: The Supreme Court held that where an individual has been appointed special administrator of an estate that includes residential real property, the special administrator resides in the property as his or her primary…
Date: January 17, 2019
Citation: 135 Nev. Adv. Op. No. 3
Docket Number: 71101
Justia Opinion Summary: The Supreme Court held that the Labor Commissioner properly determined that the “repair” portion of a maintenance contract is a public work project under Nev. Rev. Stat. 338.010(15), even if the contract is predominantly…
Date: January 3, 2019
Citation: 135 Nev. Adv. Op. No. 1
Docket Number: 72988
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court permitting the State to introduce evidence of prior, uncharged sexual acts committed by Appellant in the instant prosecution for a sexual offense for purposes…
Date: January 3, 2019
Citation: 135 Nev. Adv. Op. No. 2
Docket Number: 73863
Justia Opinion Summary: The Supreme Court affirmed a district court order denying Appellant’s special motion to dismiss, holding that the district court properly denied Appellant’s special motion to dismiss filed pursuant to Nevada’s anti-SLAPP…
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