Justia Nevada Supreme Court Opinion Summaries

Virgin Valley Water District (the District) entered into a lease agreement with Paradise Canyon, LLC (Paradise Canyon) in 2011 to provide water shares for irrigating a golf course. The lease included a right of first refusal for Paradise Canyon to renew the lease, with the District having sole discretion to set rental rates after January 1, 2020. In 2019, the District increased the rental rate, leading Paradise Canyon to sue for declaratory relief and damages, alleging bad faith breach of the lease agreement.The Eighth Judicial District Court in Clark County granted partial summary judgment for Paradise Canyon on certain claims and set others for a jury trial. The jury found that the District had breached the lease in bad faith and awarded damages to Paradise Canyon. The District appealed the decision.The Supreme Court of Nevada reviewed the case and found that the lease agreement unambiguously granted the District sole discretion to set rental rates after January 1, 2020. The court held that the trial court erred in allowing the jury to interpret this unambiguous provision and in finding that the District breached the implied covenant of good faith and fair dealing. The Supreme Court also noted several procedural errors, including the trial court's improper judicial notice of its own factfinding, admission of prejudicial evidence, and unfair trial practices that limited the District's ability to present its case.The Supreme Court of Nevada reversed the portions of the trial court's judgment related to the interpretation of the lease renewal provisions and the jury's verdict on the rental rate and damages. The court affirmed the trial court's rulings on beneficial use and other uncontested matters. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "VIRGIN VALLEY WATER DIST. VS. PARADISE CANYON, LLC" on Justia Law

Shianna G. and Logan S. were in a relationship from 2017 to 2019 and had a child, R.A.S., in 2018. After their breakup, Shianna, who struggled with substance abuse, left R.A.S. with Logan while she sought treatment. Upon completing a 30-day program in January 2020, Shianna discovered Logan had moved and changed his contact information, making it impossible for her to reach him. Shianna relapsed, was arrested, and served jail time in 2021 and 2022. After her release, she continued to seek contact with R.A.S. but was unsuccessful. Logan filed a petition to terminate Shianna's parental rights in June 2023.The Fourth Judicial District Court in Elko County held a hearing and terminated Shianna's parental rights, finding clear and convincing evidence of parental fault on grounds of abandonment, neglect, unfitness, and token efforts, and concluded that termination was in the best interest of R.A.S. Shianna appealed the decision, challenging the findings and the admission of certain evidence.The Supreme Court of Nevada reviewed the case and highlighted the differences between state-initiated and privately initiated termination petitions. The court emphasized the need for district courts to carefully consider the unique circumstances of private petitions. Upon review, the Supreme Court found that the district court's findings of parental fault were not supported by substantial evidence. Specifically, the court determined that Shianna had made significant efforts to contact R.A.S. and did not intend to abandon him. The court also found that R.A.S. was well cared for by Logan, negating the findings of neglect and unfitness. Consequently, the Supreme Court of Nevada reversed the district court's order terminating Shianna's parental rights. View "IN RE: PARENTAL RIGHTS AS TO R.A.S." on Justia Law

The appellant, Samuel Cocking, was skateboarding in Carson City with a concealed firearm that lacked a serial number. After tripping, he was ridiculed by a group of minors, leading to a verbal altercation. The minors' father, Philip Eubanks, approached, and Cocking shot and killed him. Cocking was charged with open murder, carrying a concealed firearm without a permit, and possession of a firearm not imprinted with a serial number. He pleaded no contest to involuntary manslaughter, carrying a concealed firearm without a permit, and possession of a firearm not imprinted with a serial number, reserving the right to appeal the constitutionality of the gun charges.The First Judicial District Court in Carson City denied Cocking's motion to dismiss the gun charges, ruling that the statutes did not violate his Second Amendment rights. Cocking was sentenced to consecutive prison terms totaling 43-108 months.The Supreme Court of Nevada reviewed the case. Cocking argued that the statutes regulating concealed carry and unserialized firearms were unconstitutional under the Second Amendment, as clarified by the U.S. Supreme Court in New York State Rifle & Pistol Ass'n, Inc. v. Bruen. The court held that the concealed carry statute did not violate the Second Amendment because it only regulated the manner of carrying firearms, not the right to carry them openly. The court also held that the statute requiring firearms to have serial numbers did not infringe on the Second Amendment, as unserialized firearms are not typically possessed by law-abiding citizens for lawful purposes.Additionally, the court found that the district court did not abuse its discretion at sentencing by relying on impalpable or highly suspect evidence. The Supreme Court of Nevada affirmed the judgment of conviction. View "COCKING VS. STATE" on Justia Law

The appellant, Quashawn Sheridan, was on probation for a category D felony related to sex offender registration. While on probation, he was convicted of two misdemeanors: obstructing or resisting an officer by flight and failure to register with law enforcement as a convicted person within 48 hours. The district court revoked his probation, concluding that these misdemeanors were nontechnical violations because they constituted crimes of violence.The Second Judicial District Court in Washoe County revoked Sheridan's probation based on the belief that his misdemeanors were nontechnical violations. The court characterized his actions as violent crimes, which under Nevada law, would justify probation revocation without the need for graduated sanctions.The Supreme Court of Nevada reviewed the case and determined that the crimes Sheridan was convicted of do not categorically constitute crimes of violence. The court emphasized that specific factual findings are necessary to classify these misdemeanors as violent crimes. The court found that the district court did not provide sufficient factual support to justify its conclusion that Sheridan's actions were violent. Consequently, the Supreme Court of Nevada reversed the district court's decision to revoke Sheridan's probation and remanded the case for further proceedings. The district court was instructed to consider the imposition of graduated sanctions for Sheridan's technical probation violations, as required by NRS 176A.510. View "SHERIDAN VS. STATE" on Justia Law

Jonathan Eluterio Martinez-Garcia, a juvenile offender, attacked his 11th-grade English teacher and subsequently pleaded guilty to attempted murder, attempted sexual assault, and battery with the use of a deadly weapon resulting in substantial bodily harm. The district court sentenced him to two consecutive prison terms of 8 to 20 years and a concurrent term of 6 to 15 years, resulting in an aggregate sentence of 40 years with parole eligibility after 16 years. Martinez-Garcia moved to reconsider the sentence, arguing it was illegal and that he was entitled to parole eligibility after 15 years under NRS 213.12135(1)(a). The district court treated the motion as one to correct an illegal sentence and denied it.Martinez-Garcia appealed the district court's decision, contending that his sentence should reflect parole eligibility after 15 years as mandated by NRS 213.12135(1)(a) for juvenile nonhomicide offenders. He argued that the sentence imposed was illegal because it provided for parole eligibility after 16 years, contrary to the statute. The State argued that the sentence complied with the statutes governing the offenses to which Martinez-Garcia pleaded guilty.The Supreme Court of Nevada reviewed the case and held that NRS 213.12135(1)(a) provides for parole eligibility for juvenile nonhomicide offenders after 15 years by operation of law, without requiring resentencing or amendment of the judgment of conviction. The court concluded that the statute does not render a sentence illegal if it otherwise conforms to the sentencing statutes for the offenses committed. Therefore, the court affirmed the district court's order denying Martinez-Garcia's motion to correct an illegal sentence, acknowledging that he will be eligible for parole after 15 years despite the longer parole-eligibility period stated in the judgment of conviction. View "GARCIA VS. STATE" on Justia Law

Anthony Ray Price was charged with two felonies and his cases were stayed pending a competency determination. Two doctors evaluated Price and found him likely not competent, with signs of possible malingering. The district court found Price incompetent to stand trial and ordered him to competency treatment at Lakes Crossing Center. While on the waitlist for the treatment facility, Price was held at the Washoe County Detention Center. The State requested a second evidentiary hearing, believing Price was feigning incompetence. At the hearing, two witnesses from the detention center testified that they had no concerns about Price's behavior or mental health. The district court then found Price competent to stand trial.Price filed a petition for a writ of mandamus, arguing that the district court abused its discretion by finding him competent based on jail information rather than input from the Administrator of the Division of Public and Behavioral Health, as required by NRS 178.425(4).The Supreme Court of Nevada reviewed the case and determined that NRS 178.425(4) mandates that once a defendant charged with a felony is found incompetent, only the Administrator or their designee can determine competency. The district court's decision to find Price competent without input from the Administrator was a manifest abuse of discretion. The Supreme Court granted the petition and directed the district court to vacate its order finding Price competent to stand trial. View "PRICE VS. DIST. CT." on Justia Law

Petitioners Scott Black, George Smith, and Jerome Nadal were directors of Globe Photos, Inc., a company that owned a valuable portfolio of celebrity and musician images. In 2020, Globe filed for Chapter 7 bankruptcy, leading to the liquidation of its assets, which left nothing for unsecured creditors or shareholders. In 2023, shareholders Sean Goodchild, Mike Meader, David Morton, and Klaus Moeller sued the petitioners in Nevada state court, alleging that they breached their fiduciary duties by mismanaging Globe's assets and approving a "sham bankruptcy."The district court denied the petitioners' motion to dismiss, concluding that the shareholders had pleaded a direct cause of action rather than a derivative one. The court found that the shareholders had standing to sue and that the complaint sufficiently stated a claim for breach of fiduciary duty.The Supreme Court of Nevada reviewed the case and determined that the shareholders' claim was derivative, not direct. Under Delaware law, which governs because Globe was incorporated in Delaware, a claim is derivative if the corporation suffered the harm and would benefit from any recovery. The court found that the alleged harm was to Globe, as its assets were wasted and sold cheaply, and any recovery would benefit Globe, not the shareholders directly. Consequently, the claim belonged to Globe's bankruptcy estate, and only the bankruptcy trustee had standing to assert it.The Supreme Court of Nevada granted the petition for a writ of prohibition, instructing the district court to vacate its order denying the motion to dismiss and to enter an order granting the motion to dismiss the shareholders' claim against the petitioners. View "BLACK VS. DIST. CT." on Justia Law

H.B., III, a minor, needed a guardian after his father's death. He temporarily lived with his mother, Lasandra K., on the streets of Las Vegas before moving in with his uncle, Marques B. Marques petitioned the district court to be appointed as H.B.'s guardian, disclosing his felony conviction for attempted murder. The district court ordered a criminal background check, which confirmed the conviction. During the hearing, H.B.'s paternal grandmother supported Marques's petition, and Marques claimed Lasandra also supported it via text messages.The Eighth Judicial District Court, Family Division, denied the petition, concluding that Marques's felony conviction automatically disqualified him from serving as a guardian. Additionally, the court found that Marques failed to serve the petition and citation on all required relatives and interested parties, and did not meet the notice requirements or allege facts to support a waiver of notice. The petition was denied with prejudice, and the matter was closed.The Supreme Court of Nevada reviewed the case and held that a felony conviction does not automatically disqualify a potential guardian under NRS 159A.061(3). The statute requires the district court to consider various factors, including a felony conviction, but no single factor is dispositive. The district court erred by not considering all relevant factors. However, the Supreme Court affirmed the denial of the petition based on Marques's failure to properly effectuate service. The dismissal was affirmed without prejudice, and the district court was instructed to amend its order accordingly. View "IN RE: GUARDIANSHIP OF H.B. III" on Justia Law

MMV Investments LLC extended loans totaling approximately $12 million to Dribble Dunk LLC and All Net, LLC between 2010 and 2012, with Jackie L. Robinson personally guaranteeing the loans. The loans were intended for building a professional basketball arena in Las Vegas. The guaranty agreement included a provision stating that Robinson would be responsible for repaying the loans even if the claims against Dribble Dunk and All Net became time-barred. Respondents defaulted on the loans, but Robinson indicated an intention to repay them in a June 2021 email. MMV filed a complaint in 2021 asserting various contract and fraud claims.The Eighth Judicial District Court in Clark County granted the respondents' motion to dismiss, finding that MMV's breach-of-guaranty claim against Robinson was not viable because the statute of limitations had expired on the breach-of-contract claims against Dribble Dunk and All Net. The court also found that Robinson's guaranty was void under Nevada law because the obligations it guaranteed were time-barred.The Supreme Court of Nevada reviewed the case and concluded that the district court erred in dismissing the breach-of-guaranty claim against Robinson. The court held that Robinson's guaranty, which included a waiver of the statute-of-limitations defense, was enforceable under Nevada law. The court reasoned that a party may contractually waive a statute-of-limitations defense, and such waivers do not violate public policy. Consequently, the Supreme Court reversed the district court's order dismissing the breach-of-guaranty claim against Robinson and remanded for further proceedings on that claim. However, the court affirmed the district court's dismissal of MMV's breach-of-contract claims against Dribble Dunk and All Net, as Robinson's email did not toll or restart the statute of limitations. View "MMV INVS. LLC VS. DRIBBLE DUNK, LLC" on Justia Law

Nikos Sharp was charged with several criminal offenses related to child abuse or neglect following an investigation by the Clark County Department of Family Services (DFS). Sharp sought information from DFS reports involving the alleged victim, E.S., which included the identities of individuals who reported the abuse. The district court ordered DFS to disclose this information despite DFS's objections.The district court reviewed the reports in camera and initially released redacted versions to Sharp. Sharp then requested unredacted versions, including the identities of the reporters. The district court granted this request, and DFS's motion for reconsideration was denied. DFS subsequently sought relief through an original writ petition.The Supreme Court of Nevada reviewed the case and held that NRS 432B.290(4) provides a limited privilege for reporter identities, protecting them if DFS determines that disclosure would harm an investigation or the life or safety of any person. The court found that this limited privilege did not apply in this case because DFS had not made such a determination. Consequently, the district court did not err in ordering the disclosure of the reporter identities. The Supreme Court of Nevada denied the petition, affirming the district court's decision. View "Clark County Department of Family Services v. District Court" on Justia Law