Nevada Case Commentaries

Sole and Absolute Discretion in Governmental Rate-Setting: Virgin Valley Water District v. Paradise Canyon

Date: Apr 25, 2025

Sole and Absolute Discretion in Governmental Rate-Setting: Virgin Valley Water District v. Paradise Canyon Introduction Virgin Valley Water District v. Paradise Canyon, LLC, 141 Nev. Adv. Op. 19...

Factual Substantiation Requirement for Nontechnical Probation Violations under NRS 176A.510

Date: Apr 25, 2025

Factual Substantiation Requirement for Nontechnical Probation Violations under NRS 176A.510 Introduction This commentary examines the Supreme Court of Nevada’s decision in Sheridan (Quashawn) v....

Distinct Scrutiny Standard for Privately Initiated Termination of Parental Rights in Nevada

Date: Apr 25, 2025

Distinct Scrutiny Standard for Privately Initiated Termination of Parental Rights in Nevada Introduction In re Parental Rights as to R.A.S., 141 Nev. Advance Opinion 20 (Apr. 24, 2025), addresses a...

Permissible Regulation of Concealed Carry and Firearm Serialization Post-Bruen

Date: Apr 25, 2025

Permissible Regulation of Concealed Carry and Firearm Serialization Post-Bruen Introduction In Cocking (Samuel) v. State, 141 Nev., Advance Opinion 21 (Apr. 24, 2025), the Supreme Court of Nevada...

Clarifying Statutory Grounds for Parental Rights Termination: A Reversal and Remand

Date: Apr 18, 2025

Clarifying Statutory Grounds for Parental Rights Termination: A Reversal and Remand Introduction IN RE: PARENTAL RIGHTS AS TO G.V. is a landmark decision by the Supreme Court of Nevada, filed April...

Derivative Nature of Shareholder Fiduciary Duty Claims in Bankruptcy: BLACK v. DIST. CT.

Date: Apr 18, 2025

Derivative Nature of Shareholder Fiduciary Duty Claims in Bankruptcy: BLACK v. DIST. CT. Introduction In BLACK v. DIST. CT. (GOODCHILD), 141 Nev., Advance Opinion 18 (Apr. 17, 2025), the Supreme...

Affirmation of Prejudice Requirement Under Strickland for Structural Jury-Selection Errors

Date: Apr 18, 2025

Affirmation of Prejudice Requirement Under Strickland for Structural Jury-Selection Errors Introduction In Elmajzoub (Said) v. State, No. 87053 (Nev. Apr. 17, 2025), the Supreme Court of Nevada...

Automatic Parole Eligibility after 15 Years for Juvenile Nonhomicide Offenders by Operation of Law

Date: Apr 18, 2025

Automatic Parole Eligibility after 15 Years for Juvenile Nonhomicide Offenders by Operation of Law Introduction Garcia (Jonathan) v. State, 141 Nev., Advance Opinion 16 (Apr. 17, 2025), concerns a...

Mandatory Administrative Competency Determination in Felony Cases under NRS 178.425(4)

Date: Apr 18, 2025

Mandatory Administrative Competency Determination in Felony Cases under NRS 178.425(4) Introduction The Supreme Court of Nevada’s advance opinion in Price (Anthony Ray) v. Dist. Ct. (State), No....

Chadwick v. State: Establishing the Evidentiary Hearing Threshold for Ineffective Assistance Claims in Nevada Postconviction Proceedings

Date: Apr 11, 2025

Chadwick v. State: Establishing the Evidentiary Hearing Threshold for Ineffective Assistance Claims in Nevada Postconviction Proceedings Introduction In Chadwick (Joey) v. State, 2025 WL ____, the...

Evidentiary Hearing Standards under Strickland Affirmed in Talley v. State

Date: Apr 11, 2025

Evidentiary Hearing Standards under Strickland Affirmed in Talley v. State Introduction In Talley (Charles) v. State, No. 87471-COA (Nev. Ct. App. Apr. 10, 2025), the Nevada Court of Appeals reviewed...

Strickland Standard and Law-of-the-Case Bars in Post-Conviction Relief: Knight v. State

Date: Apr 10, 2025

Strickland Standard and Law-of-the-Case Bars in Post-Conviction Relief: Knight v. State Introduction This commentary examines the Nevada Court of Appeals’ Order of Affirmance in Wilbert Knight v....

Reaffirming Specificity in Fair‐Cross-Section Challenges and Strickland Standards: Kern v. State

Date: Apr 10, 2025

Reaffirming Specificity in Fair-Cross-Section Challenges and Strickland Standards: Kern v. State Introduction In Kern v. State, 2025 WL ___ (Nev. Apr. 9, 2025), the Nevada Supreme Court affirmed the...

Clarification of Sufficiency‐of‐Evidence Standard for Denial of Judgment of Acquittal in Elderly Robbery Cases

Date: Apr 10, 2025

Clarification of Sufficiency‐of‐Evidence Standard for Denial of Judgment of Acquittal in Elderly Robbery Cases Introduction In Davis (Hasan) v. State, No. 88543-COA (Nev. Ct. App. Apr. 9, 2025), the...

Expanding Liability: Customer as Sex Trafficker under Nevada NRS 201.300(2)(a)(1)

Date: Apr 5, 2025

Expanding Liability: Customer as Sex Trafficker under Nevada NRS 201.300(2)(a)(1) Introduction This commentary examines the Nevada Supreme Court’s decision in O’GORMAN (KEVIN) v. STATE,...

Felony Convictions and Guardianship Suitability: No Automatic Disqualification under NRS 159A.061(3)

Date: Apr 4, 2025

Felony Convictions and Guardianship Suitability: No Automatic Disqualification under NRS 159A.061(3) Introduction In In re: Guardianship of H.B. III (141 Nev., Advance Opinion 15), the Supreme Court...

Clarifying Spoliation Remedies: Permissive Adverse Inference for Negligent Evidence Withholding

Date: Apr 2, 2025

Clarifying Spoliation Remedies: Permissive Adverse Inference for Negligent Evidence Withholding Introduction In Paley v. Desert Palace, LLC, the Supreme Court of Nevada addressed critical questions...

Distinct Governmental Entities and Issue Preclusion: State vs. County in Nevada Qui Tam Actions

Date: Apr 2, 2025

Distinct Governmental Entities and Issue Preclusion: State vs. County in Nevada Qui Tam Actions 1. Introduction This commentary examines the Supreme Court of Nevada’s April 1, 2025 decision in Orbitz...

Application of NRS 289.555: Sealed Domestic Violence Convictions Disqualify Peace Officers

Date: Apr 2, 2025

Application of NRS 289.555: Sealed Domestic Violence Convictions Disqualify Peace Officers Introduction This commentary examines the Supreme Court of Nevada’s April 1, 2025 decision in State of...

Corporate Healthcare Decisions as Professional Negligence: Expert-Affidavit Requirement under NRS 41A.071

Date: Apr 2, 2025

Corporate Healthcare Decisions as Professional Negligence: Expert-Affidavit Requirement under NRS 41A.071 1. Introduction This commentary examines the Supreme Court of Nevada’s decision in Warren v....