Justia Nevada Supreme Court Opinion Summaries

The Supreme Court reversed Defendant's murder convictions and affirmed her remaining convictions, holding that the district court's instruction on murder was inaccurate and caused prejudice and that Defendant's challenges to her remaining convictions failed.After a jury trial, Defendant was convicted of second-degree murder, robbery, grand larceny, and leaving the scene. On appeal, Defendant argued that the district court's murder instruction was plainly inaccurate and caused prejudice. The Supreme Court agreed and reversed, holding (1) the instructions on murder allowed the jury to convict without finding that Defendant acted with malice was erroneous, and the error in instruction caused actual prejudice; and (2) Defendant's arguments challenging her remaining convictions were unavailing. View "Guidry v. State" 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

The Supreme Court reversed the order of the district court denying SR Construction, Inc.'s motion to compel arbitration because its master subcontract agreement (MSA) with Peek Brothers Construction, Inc. constituted a valid arbitration provision that applied to the parties' underlying dispute, holding that the dispute was arbitrable.On appeal, SR argued that the district court erred in holding that the underlying dispute fell outside the bounds of the parties' arbitration agreement.The Supreme Court agreed and reversed, holding (1) as applied, the MSA provision was broad, and an attendant presumption of arbitrability applied; and (2) Peek's dispute was presumptively arbitrable under the parties' agreement. View "SR Construction, Inc. v. Peek Brothers Construction, Inc." on Justia Law

The Supreme Court affirmed in part and vacated in part Defendant's conviction of, among other things, sixteen counts of lewdness with a child under age fourteen and nineteen counts of sexual assault of a minor under sixteen years of age, holding that the unit of prosecution for the crime of incest is per victim, not per instance.Specifically, the Supreme Court (1) vacated six of Defendant's nine incest convictions because Defendant was improperly charged with nine counts when he only should have been charged with three counts; (2) vacated two counts of possession of visual presentation depicting the sexual conduct of a child based on a unit-of-prosecution analysis, holding that the State impermissibly pled multiple possession charges as having occurred at the same time; (3) vacated one count of child abuse or neglect via sexual abuse, holding that the count was redundant to another count; and (4) otherwise affirmed, holding that none of Defendant's other challenges on appeal warranted reversal. View "Sena v. State" on Justia Law

The Supreme Court affirmed the judgment of the district court in this action involving a foreclosed property located in a homeowner's association (HOA) community and sold by the HOA to a subsequent purchaser at a foreclosure sale, holding that there was no error or abuse of discretion.In the alternative to seeking to quiet title, Plaintiff, the subsequent purchaser of the property at issue, asserting a misrepresentation claim against the HOA and its agent based upon their failure to disclose and publicly record for failing to disclose a superpriority tender. The court granted summary judgment for Defendant. The Supreme Court affirmed, holding that there was no error in the proceedings below. View "Saticoy Bay, LLC v. Thornburg Mortgage Securities Trust 2007-3" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint against the State alleging that Nevada's system of public education had failed its students, holding that Plaintiff's claims were nonjusticiable.Appellants - nine parents of students attending public schools in the districts of Clark, Washoe, and White Pine Counties - sued State education agencies and officials alleging that Nevada's system of public education failed to achieve the standards that she argued were required for a sufficient, basic education under Nev. Const. art. 11, 1,2 and 6. In dismissing the complaint, the district court determined that the claims presented nonjusticiable political questions. The Supreme Court affirmed, holding that Appellants' complaint did not present justiciable questions appropriate for adjudication. View "Shea v. State" on Justia Law

The Supreme Court reversed in part and affirmed in part the order of the district court denying Defendant's third postconviction petition for a writ of habeas corpus without conducting an evidentiary hearing, holding that two of Defendant's claims warranted an evidentiary hearing.Defendant was convicted of two murders and sentenced to death for each murder. After a penalty phase retrial, the jury again imposed death sentences. In this postconviction relief proceeding, Defendant alleged ineffective assistance of second postconviction counsel and other claims. The district court summarily denied the petition. The Supreme Court reversed in part, holding (1) two of Defendant's ineffective assistance of postconviction counsel claims warranted an evidentiary hearing; and (2) none of Defendant's remaining arguments warranted relief. View "Thomas v. State" on Justia Law

The Supreme Court vacated the restitution portion of Defendant's judgment of conviction and remanded this case to the district court for further restitution proceedings, holding that restitution for a victim's medical costs is limited to the amount that the medical provider accepts as payment in full rather than the amount initially billed by the medical provider.Defendant pleaded guilty to reckless driving resulting in substantial bodily harm and agreed to pay restitution. After the sentencing hearing the district court ordered Defendant to pay $463,826 in restitution and sentenced him to thirty days in jail and five years' probation. The Supreme Court vacated the restitution portion of the judgment of conviction and remanded the case for further proceedings on restitution, holding (1) a district court must offset the defendant's restitution obligation by the amount the defendant's insurer paid to the victim for losses subject to the restitution order; (2) the amount to be offset is limited to the portion the payments intended to compensate the victim for costs recoverable as restitution; and (3) the evidence presented at the sentencing hearing hearing in this case did not support the restitution award. View "Nied v. State" on Justia Law

The Supreme Court affirmed the decision of the district court determining that the covenant of good faith and fair dealing applied when it awarded delay damages to a subcontractor, holding that the district court properly determined that the covenant of good faith and fair dealing applied and that the contractor breached the covenant.At issue on appeal was (1) whether the district court properly applied the covenant of good faith and fair dealing when it awarded delay damages to a subcontractor, and (2) whether the subcontractor waived its right to receive delay damages by signing a waiver and release to receive its retention. The Supreme Court held (1) the covenant of good faith and fair dealing allowed for the subcontractor to receive delay damages; and (2) the conditional release and waiver the subcontractor signed did not preclude it from receiving delay damages. View "APCO Construction, Inc. v. Helix Electric of Nev., LLC" on Justia Law

The Supreme Court reversed the judgment of forfeiture entered by the district court after determining that Nevada's homestead exemption may, as a general matter, protect against civil forfeiture, holding (1) there is no forfeiture exception to the homestead exemption, and (2) incarcerated individuals may still be deemed residents for purposes of the homestead exemption under Nev. Rev. Stat. 115.020.After Appellant had been arrested Elko County Sheriff's Office filed a complaint for forfeiture of the property. While in jail, Appellant recorded his initiated declaration of homestead. Appellant was subsequently convicted of a drug-related crime. While incarcerated, Appellant leased the property to a third party. After a trial, the district court awarded the sheriff a judgment of forfeiture. The Supreme Court reversed, holding (1) a valid homestead is exempt from civil forfeiture; and (2) the property was a constitutionally-protected homestead because Appellant satisfied Nev. Rev. Stat. 115.020. View "Aguirre v. Elko County Sheriff's Office" on Justia Law