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  • Commentaries
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Nevada Case Commentaries

Appellant's Duty for Complete Record and §1988 Attorney Fees Standards Affirmed in Cuzze v. UCCSN

Appellant's Duty for Complete Record and §1988 Attorney Fees Standards Affirmed in Cuzze v. UCCSN

Date: Dec 14, 2007
Appellant's Duty for Complete Record and §1988 Attorney Fees Standards Affirmed in Cuzze v. University and Community College System of Nevada Introduction The case of Cuzze; Dias; and Jenkinson v....
Redefining Sovereign Immunity for State-Employed Physicians: Martinez v. Maruszczak

Redefining Sovereign Immunity for State-Employed Physicians: Martinez v. Maruszczak

Date: Oct 12, 2007
Redefining Sovereign Immunity for State-Employed Physicians: Martinez v. Maruszczak Introduction The case of John G. Martinez, M.D., Appellant v. Mary Dolores Maruszczak and Lisa M. Krol, Surviving...
Foreseeability in Prison Officials' Duty to Protect Inmates and Limits on Discretionary-Act Immunity: Butler v. Bayer

Foreseeability in Prison Officials' Duty to Protect Inmates and Limits on Discretionary-Act Immunity: Butler v. Bayer

Date: Oct 12, 2007
Foreseeability in Prison Officials' Duty to Protect Inmates and Limits on Discretionary-Act Immunity: Butler v. Bayer Introduction The case of George Butler v. Robert Bayer et al. was adjudicated by...
Strict Compliance Required for Judgment Renewal under NRS 17.214: Nevada Supreme Court Establishes Firm Precedent

Strict Compliance Required for Judgment Renewal under NRS 17.214: Nevada Supreme Court Establishes Firm Precedent

Date: Oct 12, 2007
Strict Compliance Required for Judgment Renewal under NRS 17.214: Nevada Supreme Court Establishes Firm Precedent Introduction The case of Robert Leven v. Herbert Frey and Cy Yehros, decided by the...
D.R. Horton v. Eighth Judicial District Court: Establishing the Reasonable Threshold Test for Pre-Litigation Notices in Constructional Defect Cases

D.R. Horton v. Eighth Judicial District Court: Establishing the Reasonable Threshold Test for Pre-Litigation Notices in Constructional Defect Cases

Date: Oct 12, 2007
D.R. Horton v. Eighth Judicial District Court: Establishing the Reasonable Threshold Test for Pre-Litigation Notices in Constructional Defect Cases Introduction The case of D.R. Horton, Inc. v. The...
Defendant's Motion to Dismiss Under NRCP 16.1(e)(2) Does Not Require Proof of Prejudice

Defendant's Motion to Dismiss Under NRCP 16.1(e)(2) Does Not Require Proof of Prejudice

Date: Oct 12, 2007
Defendant's Motion to Dismiss Under NRCP 16.1(e)(2) Does Not Require Proof of Prejudice Introduction The case of Paul Arnold and Elizabeth Arnold v. Phelps C. Kip, M.D. (123 Nev. 410) presents a...
Enforcing Victim Testimony Particularity in Multiple Sexual Assault Charges: The Nevada Supreme Court's Affirmation in Rose v. State

Enforcing Victim Testimony Particularity in Multiple Sexual Assault Charges: The Nevada Supreme Court's Affirmation in Rose v. State

Date: Jul 27, 2007
Enforcing Victim Testimony Particularity in Multiple Sexual Assault Charges: The Nevada Supreme Court's Affirmation in Rose v. State Introduction The criminal justice system often grapples with the...
Disclosure Requirements for Residential Property Sellers: Nelson v. Heer

Disclosure Requirements for Residential Property Sellers: Nelson v. Heer

Date: Jul 27, 2007
Disclosure Requirements for Residential Property Sellers: Nelson v. Heer Introduction In the landmark case of Nelson v. Heer, the Supreme Court of Nevada established critical precedent regarding the...
Revised Standard for Modifying Primary Physical Custody in Nevada: Overruling MURPHY v. MURPHY

Revised Standard for Modifying Primary Physical Custody in Nevada: Overruling MURPHY v. MURPHY

Date: Jun 29, 2007
Revised Standard for Modifying Primary Physical Custody in Nevada: Overruling MURPHY v. MURPHY Introduction The case of Melinda Ellis v. Roderic A. Carucci, adjudicated by the Supreme Court of Nevada...
Habitual Offender Adjudication Under NRS 207.010: Compliance with APPRENDI v. NEW JERSEY

Habitual Offender Adjudication Under NRS 207.010: Compliance with APPRENDI v. NEW JERSEY

Date: Mar 9, 2007
Habitual Offender Adjudication Under NRS 207.010: Compliance with APPRENDI v. NEW JERSEY Introduction The case of Christopher Sound O'Neill v. The State of Nevada (123 Nev. 9) adjudicated by the...
Confrontation Clause and CRAWFORD v. WASHINGTON in Capital Sentencing: An Analysis of Charles Anthony Summers v. State of Nevada

Confrontation Clause and CRAWFORD v. WASHINGTON in Capital Sentencing: An Analysis of Charles Anthony Summers v. State of Nevada

Date: Dec 29, 2006
Confrontation Clause and CRAWFORD v. WASHINGTON in Capital Sentencing: An Analysis of Charles Anthony Summers v. State of Nevada Introduction Charles Anthony Summers v. The State of Nevada, decided...
JOHNSON v. STATE of Nevada: Affirmation of Death Sentence in Bifurcated Penalty Hearing

JOHNSON v. STATE of Nevada: Affirmation of Death Sentence in Bifurcated Penalty Hearing

Date: Dec 29, 2006
JOHNSON v. STATE of Nevada: Affirmation of Death Sentence in Bifurcated Penalty Hearing Introduction JOHNSON v. STATE of Nevada (122 Nev. 1344, 2006) is a pivotal case in the landscape of capital...
Classification of Medical Malpractice Complaints as Void Ab Initio and Non-Amendable: Analysis of Washoe Medical Center v. Second Judicial District Court

Classification of Medical Malpractice Complaints as Void Ab Initio and Non-Amendable: Analysis of Washoe Medical Center v. Second Judicial District Court

Date: Dec 29, 2006
Classification of Medical Malpractice Complaints as Void Ab Initio and Non-Amendable: Analysis of Washoe Medical Center v. Second Judicial District Court Introduction The case of Washoe Medical...
Sharma Clarifies Aiding and Abetting Liability: Impact on Retroactive Convictions

Sharma Clarifies Aiding and Abetting Liability: Impact on Retroactive Convictions

Date: Dec 22, 2006
Sharma Clarifies Aiding and Abetting Liability: Impact on Retroactive Convictions Introduction The case of Johnnie Mitchell v. The State of Nevada, 122 Nev. 1269 (2006), adjudicated by the Supreme...
Affirming Defendant’s Right to Lesser-Included Offense Instructions Without Consistency Requirement: Mendez-Rosas v. Nevada

Affirming Defendant’s Right to Lesser-Included Offense Instructions Without Consistency Requirement: Mendez-Rosas v. Nevada

Date: Dec 22, 2006
Affirming Defendant’s Right to Lesser-Included Offense Instructions Without Consistency Requirement: Mendez-Rosas v. Nevada Introduction Mendez-Rosas v. Nevada, 122 Nev. 1258 (2006), is a landmark...
Reforming Intervention Rights: AHAC v. Eighth Judicial District Court of Nevada

Reforming Intervention Rights: AHAC v. Eighth Judicial District Court of Nevada

Date: Dec 22, 2006
Reforming Intervention Rights: AHAC v. Eighth Judicial District Court of Nevada Introduction The case of American Home Assurance Company (AHAC) v. The Eighth Judicial District Court of Nevada...
Archanian v. State: Nevada Supreme Court Affirms Death Sentence After Striking Robbery Aggravator

Archanian v. State: Nevada Supreme Court Affirms Death Sentence After Striking Robbery Aggravator

Date: Nov 10, 2006
Archanian v. State: Nevada Supreme Court Affirms Death Sentence After Striking Robbery Aggravator Introduction In the landmark case of Avetis Archanian v. The State of Nevada, decided on November 9,...
Dual Convictions in Kidnapping and Murder: Pascua v. State of Nevada

Dual Convictions in Kidnapping and Murder: Pascua v. State of Nevada

Date: Nov 10, 2006
Dual Convictions in Kidnapping and Murder: Pascua v. State of Nevada Introduction Bridget Lynn Pascua v. The State of Nevada is a landmark case adjudicated by the Supreme Court of Nevada on November...
Confrontation Clause and Dying Declarations: Insights from Harkins v. Nevada

Confrontation Clause and Dying Declarations: Insights from Harkins v. Nevada

Date: Oct 13, 2006
Confrontation Clause and Dying Declarations: Insights from Harkins v. Nevada Introduction The case of Jerry Harkins v. The State of Nevada (122 Nev. 974) adjudicated by the Supreme Court of Nevada on...
Griffin v. State of Nevada: Redefining Presentence Credit Claims

Griffin v. State of Nevada: Redefining Presentence Credit Claims

Date: Jul 14, 2006
Griffin v. State of Nevada: Redefining Presentence Credit Claims Introduction The case of Roderick Griffin, Appellant, v. The State of Nevada, Respondent, adjudicated by the Supreme Court of Nevada...
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