Justia Nevada Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court denying the proposed schedule of June, an adult protected person, in this appeal challenging the court's rulings concerning June's ability to manage familial relationships, holding that there was insufficient evidentiary support for June's schedule.Also at issue in this case was the process for removing June's guardian and appointing a successor guardian and June's standing to challenge certain issues on appeal. The Supreme Court held (1) June had standing to challenge on appeal both the removal or her guardian and the appointment of the successor guardian; (2) the district court has authority to remove a guardian and appoint a successor guardian with the filing of a formal, written petition for removal, and a protected person is entitled to prior notice of and opportunity to be heard on such actions; (3) the district court did not improperly remove June's guardian and appoint a successor guardian, and June was afforded adequate due process; and (4) although the district court erred by improperly shifting the burden to June to file a communication and visitation petition under Nev. Rev. Stat. 159.332-.338, the court properly denied June's proposed schedule. View "In re Guardianship of Jones" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree murder with the use of a deadly weapon, holding that a district court's invocation of general, as opposed to case-specific, concerns related to the COVID-19 pandemic does not justify dispensing with a defendant's right to in-person confrontation.Appellant fatally shot his girlfriend in a car in which two children were present. During the jury trial, the district court permitted two witnesses to testify remotely via video. On appeal, Defendant argued that his constitutional right to confrontation was violated because the witnesses' convenience did not justify permitting remote testimony and that the district court should have made case-specific findings before summarily ordering that the witnesses may appear remotely. The Supreme Court agreed, holding that because the court did not make the required findings of necessity before allowing the two witnesses to testify remotely Defendant's right to confrontation was violated, but the constitutional error was harmless beyond a reasonable doubt. View "Newson v. State" on Justia Law

The Supreme Court affirmed the judgment of the district court enjoining a regulation to the extent it required insurers to give retroactive premium refunds but otherwise rejecting the lawsuit brought by National Association of Mutual Insurance Companies (NAMIC), holding that the Nevada Division of Insurance (Division) had the statutory and constitutional authority to promulgate R087-20.While the Nevada Insurance Code permits insurers to use customer credit information when underwriting and rating personal property and casualty insurance, the Division promulgated a regulation, R087-20, after the governor's COVID-19 declaration of emergency led to mass unemployment across the state. R087-20 prohibited insurers from adversely using consumer credit information changes that occurred during the emergency declaration, plus two years. On behalf of itself and its members, NAMIC sued to invalidate the regulation. The district court largely rejected NAMIC's claims. The Supreme Court affirmed, holding that the Division did not exceed its authority in promulgating R087-20. View "Nat'l Ass'n of Mutual Insurance Cos." on Justia Law

The Supreme Court held that a private right of action for money damages exists to vindicate questions of search-and-seizure rights under the Nevada Constitution but that a qualified immunity defense does not apply to such an action.Appellant filed a civil rights action in federal district court against Respondents, the warden and then-director of the Nevada Department of Corrections, asserting that her federal and state constitutional rights were violated when she went to High Desert State Prison to visit an inmate and was strip searched and interrogated and refused visitation. The district court denied summary judgment on the state law claims. Upon reconsideration, the district court reconsidered its order and certified four questions of law to the Supreme Court. The Court elected to reframe and answer some of the certified questions, holding (1) Nev. Const. art. I, 18 contains an implied private right of action for retrospective monetary relief; and (2) qualified immunity is not a defense to an implied private right of action for retrospective monetary relief under Nev. Const. art. I, 18. View "Mack v. Williams" on Justia Law

The Supreme Court vacated the order of the district court finding that Nev. Rev. Stat. 432B.393(3)(c) violates due process, holding that the statute does not infringe on the fundamental liberty interest a parent has in the care and custody of his or her child and thus does not violate due process.Section 432B.393(3)(c) relieves a child welfare services agency from its duty to provide reasonable efforts to reunify a child with his or her parent if a court finds that the parents' parental rights were involuntarily terminated with respect to the child's sibling. A court master recommended that the district court find section 432B.393(3)(c) unconstitutional because, for purposes of terminating the parent-child relationship, it could lead to a presumption that the parent is unfit without any consideration of present circumstances. The Supreme Court vacated the district court's order, holding (1) insofar as section 432B.393(3)(c) relieves an agency of making reunification efforts it does not infringe on a parent's fundamental liberty interest in the care and custody of his or her child and therefore does not violate due process; and (2) although the district court erred, the petition must be denied as moot. View "Washoe County Human Services v. District Court" on Justia Law

The Supreme Court denied Petitioner's petition for a writ of mandamus challenging the district court's decision denying a request for mandamus or injunctive relief related to the political composition of the persons verifying signatures used for mail ballots in Clark County, holding that Petitioner failed to demonstrate a clear legal right to the requested relief.The Republican National Committee (RNC) brought a petition asserting that the composition of the temporary workers hired from employment agencies to verify signatures on returned mail ballots disproportionately excluded Republicans, and therefore, the Clark County Registrar violated his duty under Nev. Rev. Stat. 293B.360(2) to ensure that the members of each special election board represent all political parties "as equally as possible." The district court denied relief. The Supreme Court affirmed, holding that RNC failed to demonstrate a clear legal right to the requested relief. View "Republican Nat'l Committee v. Eighth Judicial District Court" on Justia Law

The Supreme Court affirmed in part and vacated in part the order of the district court granting Defendant's motion to suppress evidence found as a result of and during a protective sweep, holding that a protective sweep does not require a prior arrest.In granting Defendant's motion to dismiss, the district court determined that the officers did not have an appropriate basis for the protective sweep and that the sweep was per se unconstitutional because it was not preceded by an arrest. The district court concluded that the search was not a lawful protective sweep because it was not based on articulable facts supporting a reasonable belief that the premises harbored a dangerous individual. The Supreme Court affirmed in part and vacated in part, holding that because the district court did not indicate the specific evidence that was improperly seized as a result of the protective sweep or as its fruit, remand was required for clarification of the evidence that fell within the scope of the suppression order and which items were properly seized by law enforcement. View "State v. McCall" on Justia Law

The Supreme Court affirmed the order of the district court rejecting Appellant's complaint challenging an initiative petition that would, if approved by voters, add two sections to Article 15 of the Nevada Constitution, holding that the district court properly denied relief.The initiative petition proposed two changes - open primary elections and ranked-choice general elections for specified officeholders. The district court rejected Appellant's complaint challenging the initiative petition. The Supreme Court affirmed, holding (1) even though the initiative petition proposed more than one change to Nevada law, it still met the single-subject requirement; (2) the initiative petition's description of effect was not misleading or inadequate; and (3) Appellant failed to demonstrate that the proposal required the expenditure of money without providing a funding source. View "Helton v. Nevada Voters First PAC" on Justia Law

The Supreme Court affirmed the order of the district court enjoining Education Freedom PAC (EFP) from circulating an initiative petition for signatures and enjoining the Secretary of State from including the initiative on the ballot, holding that the initiative fell short of meeting constitutional requirements.The initiative at issue would amend the Nevada Constitution to require the legislature to establish education freedom accounts for parents to use to pay for their child's education if that child is educated outside of the uniform system of common schools. Respondents filed a complaint for declaratory and injunctive relief challenging the petition. The district court concluded that the initiative was invalid for three reasons. The Supreme Court affirmed, holding that the district court (1) properly denied EFP's request to dismiss the complaint; and (2) properly enjoined the EFP initiative's circulation and placement on the ballot because the initiative failed to comply with constitutional requirements. View "Education Freedom PAC v. Reid" on Justia Law

The Supreme Court reversed the judgment of the district court dismissing Appellant's civil rights complaint without prejudice on the grounds that Appellant failed personally to serve any of the Nevada Department of Corrections (NDOC) parties with a copy of the summons and complaint within the service period, holding that the court was required to allow Appellant additional time to cure defects in service.Specifically, the Supreme Court held (1) Appellant alleged sufficient facts to state a claim for relief under 42 U.S.C. 1983 against Respondent based on an alleged deliberate indifference to serious medical needs; and (2) Nev. R. Civ. P. 4.2(d)(6) gave Appellant additional time to complete service on the remaining respondents. Appellant, an inmate, filed this lawsuit against various officials and employees of NDOC, alleging a violation of 42 U.S.C. 1983 based on Respondents' alleged indifference to his serious medical needs. The district court dismissed the complaint for failure to state a claim. The Supreme Court reversed, holding (1) Appellant properly pleaded a section 1983 claim against Respondent; and (2) Appellant was entitled to additional time under Rule 4.2(d)(6) to serve the state officials or employees. View "Harris v. State" on Justia Law