Nevada Case Commentaries

Child Abuse Under NRS 200.508: Continuing-Offense Treatment Depends on Prosecution Theory; Multiple Counts Permissible for Distinct Acts

Date: Feb 22, 2026

Child Abuse Under NRS 200.508: Continuing-Offense Treatment Depends on Prosecution Theory; Multiple Counts Permissible for Distinct Acts Introduction In Conde (Fernando) v. State (Criminal) (Nev....

Criminal Motions for Reconsideration Neither Toll NRAP 3(b) Deadlines Nor Create Appellate Jurisdiction in Probation-Revocation Appeals

Date: Feb 22, 2026

Criminal Motions for Reconsideration Neither Toll NRAP 3(b) Deadlines Nor Create Appellate Jurisdiction in Probation-Revocation Appeals Introduction In Frias (Fernando) v. State (Criminal) (Nev. Feb....

Judicial Deference to the State Engineer’s NRS 533.380 Extension-of-Time Determinations When Supported by Substantial Evidence of Diligence Toward Full Perfection

Date: Feb 22, 2026

Judicial Deference to the State Engineer’s NRS 533.380 Extension-of-Time Determinations When Supported by Substantial Evidence of Diligence Toward Full Perfection 1. Introduction In THORSON, P.E. v....

Postconviction IAC in Nevada: Specific, Record-Supported Allegations Required; No Deficiency for Futile Objections

Date: Feb 15, 2026

Postconviction IAC in Nevada: Specific, Record-Supported Allegations Required; No Deficiency for Futile Objections 1. Introduction In GILLEN (MARTIN) v. WARDEN (CRIMINAL) (Nev. Feb. 12, 2026), the...

Brown v. State (Nev. 2026): No Ineffective Assistance for Omitting Futile Grand-Jury and Confrontation Challenges; Surreptitious Co-Defendant Jail/Police-Car Talk Is Non-Testimonial

Date: Feb 15, 2026

Brown v. State (Nev. 2026): No Ineffective Assistance for Omitting Futile Grand-Jury and Confrontation Challenges; Surreptitious Co-Defendant Police-Car Conversation Is Non-Testimonial 1....

Endorsement-as-Exclusion Rejected: Insured Retains Burden to Prove Coverage Absent Insurer Concession

Date: Feb 15, 2026

Endorsement-as-Exclusion Rejected: Insured Retains Burden to Prove Coverage Absent Insurer Concession Introduction In STATE OF ZERO LLC v. FARMERS INS. EXCH. (Nev. Feb. 12, 2026), the Supreme Court...

Mere Proof of a Gunshot Is Insufficient to Sustain Nevada’s “Substantial Bodily Harm” Enhancement for Battery

Date: Feb 15, 2026

Mere Proof of a Gunshot Is Insufficient to Sustain Nevada’s “Substantial Bodily Harm” Enhancement for Battery Introduction In Caver (John) v. State (Criminal) (Nev. Feb. 12, 2026), the Supreme Court...

Statutory Presumptions Under NRS 128.109 Control When a Parent Fails to Rebut Token-Efforts and Best-Interest Presumptions After 14 of 20 Months Out of Home

Date: Feb 15, 2026

Statutory Presumptions Under NRS 128.109 Control When a Parent Fails to Rebut Token-Efforts and Best-Interest Presumptions After 14 of 20 Months Out of Home 1. Introduction In IN RE: PARENTAL RIGHTS...

Forced Masturbation Without Genital/Anal Intrusion Is Not “Sexual Assault” Under NRS 200.366

Date: Feb 15, 2026

Forced Masturbation Without Genital/Anal Intrusion Is Not “Sexual Assault” Under NRS 200.366 Introduction In COSBY, JR. v. LESLIE (NRAP 5), 142 Nev., Advance Opinion 11 (Feb. 12, 2026), the Supreme...

NRS 533.450(1) Standing Requires an Existing Personal or Property Right—Speculative Interests from Pending Water Applications Are Insufficient

Date: Feb 15, 2026

NRS 533.450(1) Standing Requires an Existing Personal or Property Right—Speculative Interests from Pending Water Applications Are Insufficient Case: GOLD STANDARD VENTURES (US) INC. v. THORSON, P.E.,...

Cash-Out Merger Underpayment Claims Are Direct (Not Derivative) Under Maryland Law; Unjust Enrichment May Rest on Defendant’s Benefit from Plaintiff’s Loss

Date: Feb 14, 2026

Cash-Out Merger Underpayment Claims Are Direct (Not Derivative) Under Maryland Law; Unjust Enrichment May Rest on Defendant’s Benefit from Plaintiff’s Loss 1. Introduction In FIRST PECOS, LLC v....

Remand-for-Calculation Orders in Judicial Review Are Final Judgments; Later Enforcement/Clarification Remands Are Not Appealable Until the Refund Amount Is Finally Determined

Date: Feb 8, 2026

Remand-for-Calculation Orders in Judicial Review Are Final Judgments; Later Enforcement/Clarification Remands Are Not Appealable Until the Refund Amount Is Finally Determined 1. Introduction In...

Backdating Parole Revocation to Cure Untimely Hearings: Dead-Time Credit, Non-Mootness, and Parole Board Authority

Date: Feb 8, 2026

Backdating Parole Revocation to Cure Untimely Hearings: Dead-Time Credit, Non-Mootness, and Parole Board Authority Introduction In HOWARD (REGINALD) v. STATE (Nev. Feb. 5, 2026), the Supreme Court of...

Nevada Adopts Indiana v. Edwards: Trial Courts May Deny Self-Representation When Mental Illness Impairs a Defendant’s Ability to Conduct Trial Proceedings

Date: Feb 7, 2026

Nevada Adopts Indiana v. Edwards: Trial Courts May Deny Self-Representation When Mental Illness Impairs a Defendant’s Ability to Conduct Trial Proceedings Case: Duckket (Isaiha) v. State, 142 Nev.,...

Initial-Complaint Affidavit Suffices Under NRS 41A.071 Absent Substantive Amendment; Specificity Required Per Provider; Leave to Amend Federal Claims Required Without Futility Findings

Date: Feb 2, 2026

Initial-Complaint Affidavit Suffices Under NRS 41A.071 Absent Substantive Amendment; Specificity Required Per Provider; Leave to Amend Federal Claims Required Without Futility Findings Case: ESTATE...

Nevada Supervisory Reassignment: “Exceedingly Rare” Remedy to Protect the Presumption of Innocence Absent Statutory Judicial Bias

Date: Feb 1, 2026

Nevada Supervisory Reassignment: “Exceedingly Rare” Remedy to Protect the Presumption of Innocence Absent Statutory Judicial Bias Introduction Case: WILLIAMS (THOMAS) v. DIST. CT. (STATE) (CRIMINAL),...

Excess Insurer May Equitably Subrogate Against Primary Insurer for Failure to Settle Within Primary Limits Even if Settlement Is Within Combined Limits

Date: Feb 1, 2026

Excess Insurer May Equitably Subrogate Against Primary Insurer for Failure to Settle Within Primary Limits Even if Settlement Is Within Combined Limits 1. Introduction In NORTH RIVER INS. CO. v....

Nevada Adopts a Balancing Test for Pseudonymous Civil Litigation

Date: Feb 1, 2026

Nevada Adopts a Balancing Test for Pseudonymous Civil Litigation Introduction In BURNS (GREGORY) v. DIST. CT. (DOE) (CIVIL), 142 Nev., Advance Opinion 8 (Jan. 29, 2026), the Nevada Supreme Court (en...

Passenger Presence Is Not “Possession” Under NRS 205.273 Absent Proof of Dominion or Control (In re A.W.)

Date: Jan 31, 2026

Passenger Presence Is Not “Possession” Under NRS 205.273 Absent Proof of Dominion or Control Case: IN RE: A.W. (JUVENILE), No. 88932 Court: Supreme Court of Nevada Date: January 26, 2026 Disposition:...

Prior Restraints and Courtroom Exclusion Are Unconstitutional When a Victim’s Identity Is Already Public and the Press Is Punished for Refusing a Gag

Date: Jan 31, 2026

Prior Restraints and Courtroom Exclusion Are Unconstitutional When a Victim’s Identity Is Already Public and the Press Is Punished for Refusing a Gag 1. Introduction In LAS VEGAS REVIEW-JOURNAL, INC...