Justia Nevada Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant's conviction, holding that Defendant waived his challenge under Bruton v. United States, 391 U.S. 123 (1968), and that any other errors were harmless and did not amount to cumulative error warranting reversal.Defendant was convicted of conspiracy to commit burglary, attempted burglary while in possession of a firearm or deadly weapon, attempted murder with use of a deadly weapon, and battery with use of a deadly weapon resulting in substantial bodily harm. On appeal, Defendant argued that his Confrontation Clause rights under Bruton were violated when the district court admitted his codefendant's statements. The Supreme Court affirmed, holding (1) the record showed that Defendant waived his Bruton argument; (2) the district court abused its discretion in admitting certain testimony, but the error did not warrant reversal; and (3) there were multiple instances of prosecutorial misconduct, but the errors did not warrant reversal. View "Turner v. State" on Justia Law

The Supreme Court answered in the negative a question certified to it by the Ninth Circuit Court of Appeals, holding that the public trust doctrine does not permit the reallocation of rights already adjudicated and settled under the doctrine of prior appropriation.This litigation stemmed from Mineral County's intervention in longstanding litigation over water rights in the Walker River Basin to protect and restore Walker Lake. Here, the Supreme Court was asked for the first time to consider whether the public trust doctrine permits reallocating water rights previously settled under Nevada's prior appropriation doctrine. The Supreme Court held that the doctrine, as implemented through the state's water statutes, does not permit reallocating water rights already adjudicated and settled under the doctrine of prior appropriation. View "Mineral County v. Lyon County" on Justia Law

The Supreme Court reversed the district court's denial of Appellant's petition for guardianship of her nephew, holding that the district court evaluated under the incorrect standard Appellant's request for predicate factual findings necessary for an individual to apply for Special Immigrant Juvenile (SIJ) status with the United States Citizenship and Immigration Services of the Department of Homeland Security.In her petition, Appellant requested that the district court make the predicate factual findings for an individual to apply for SIJ status, including a finding that reunifying her nephew with his mother in his country of origin was not viable due to abuse or neglect. The district court denied the request after applying the heightened standard of proof applicable in proceedings for the termination of parental rights under Nev. Rev. Stat. Chapter 128. The Supreme Court reversed, holding that a party requesting predicate factual findings under Nev. Rev. Stat. 3.2203 need only show that such findings are warranted by a preponderance of the evidence. View "In re Guardianship of B.A.A.R." on Justia Law

The Supreme Court reversed the judgments of the district court confirming Third Fourth, and Fifth Amendments to a Survivor's Trust and denying a challenge to the settlor's capacity, holding that the district court failed to comply with the requirements of Nev. Rev. Stat. 164.015.Here, the settlor's daughter, Amy Wilson, challenged the settlor's capacity to execute amendments to the Trust in accordance with Nev. Rev. Stat. 164.015. Under the statute, the district court must hold an evidentiary hearing, make factual findings, and issue an order binding in rem on the trust and appealable to the Supreme Court. The district court entered an order denying the objections and confirming the amendments. The Supreme Court reversed, holding that the district court erred when it did not hold an evidentiary hearing or provide factual finding regarding the settlor's mental capacity prior to approving the amendments to the trusts. View "In re Frasier Family Trust" on Justia Law

The Supreme Court affirmed the district court's amended judgment in favor of the buyers of residential real property and against the sellers and the real estate agents of both the buyers and the sellers and offsetting the judgment by a portion of the settlement amounts paid by the agents pursuant to Nev. Rev. Stat. 17.245(1)(a), holding that the district court did not err.After the buyers brought suit alleging that all parties violated their statutory disclosure obligations the buyers settled with the sellers and the buyers' agents. The case proceeded to a bench trial against the sellers' agents, after which the district court entered judgment in favor of the buyers. Pursuant to section 17.245(1)(a), the district court offset the judgment by a portion of the settlement proceeds paid by the sellers and the buyers' agents. The Supreme Court affirmed, holding (1) when considering if section 17.245(1)(a)'s settlement offsets apply, district courts must determine whether both the settling and the non settling defendants were responsible for the same injury; (2) substantial evidence supported the district court's determination that all the defendants caused the same injury; and (3) the district court properly calculated the offset amount. View "J.E. Johnson & Associates v. Lindberg" on Justia Law

The Supreme Court reversed the order of the district court denying Appellants' Nev. R. Civ. P. 60(b)(1) motion, holding that the district court abused its discretion by failing to address the factors announced in Yochum v. Davis, 653 P.2d 1215 (Nev. 1982), when deciding the Rule 60(b)(1) motion.In denying Appellants' motion to set aside a sanctions order based on excusable neglect the district court determined that it did not need to consider the Yochum factors to determine if Appellants established excusable neglect because Yochum concerned relief from a default judgment as opposed to relief from an order. The Supreme Court reversed, holding (1) the district court abused its discretion by failing to address the Yochum factors; and (2) the district court must issue express factual findings, preferably in writing, pursuant to each Yochum factor to facilitate appellate review. View "Willard v. Berry-Hinckley Industries" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court refusing to find that a minor child's reunification with Father was not viable for purposes of Special Immigrant Juvenile (SIJ) findings, holding that the court correctly awarded Mother custody but did not properly construe the controlling statute in determining whether reunification was not viable.After the child relocated to the United States to live with Mother, Mother filed the underlying custody action seeking primary physical and legal custody of the child and requesting that the district court make the necessary findings for the child to seek SIJ status. The district court awarded Mother custody but refused to find that reunification was not viable due to abandonment. The Supreme Court reversed in part, holding (1) in addressing whether reunification is not viable for the purpose of SIJ findings, a court should consider the conditions in the child's foreign country, the history of the parent-child relationship, and whether returning the child to the parent in the foreign country would be workable or practicable due to abandonment, abuse, or neglect; and (2) the district court did not apply the proper legal framework in concluding that it could not find that reunification was not viable. View "Lopez v. Serbellon Portillo" on Justia Law

In this case arising from a failed attempt to restore and reopen the historic Cal Neva Lodge, the Supreme Court affirmed the district court's decision to deny relief on the claims brought by Plaintiff, an investor, against the developers and others involved in setting up Plaintiff's investment on the project, but reversed the damages award for Defendants, holding that the record did not support upholding the damages award.Plaintiff sued Defendants for breach of contract, breach of fiduciary duty, fraud, negligence, conversion, and securities fraud. After a bench trial, the trial judge ordered judgment in favor of Defendants and sua sponte awarded Defendants damages, along with attorney fees and costs. The Supreme Court reversed in part and affirmed in part, holding (1) the district court erred in awarding damages to Defendants in the absence of an express or implied counterclaim; and (2) the record supported the district court's denial of relief on Plaintiff's claims. View "Yount v. Criswell Radovan, LLC" on Justia Law

The Supreme Court affirmed the order of the district court granting Defendant's motion to suppress drugs and drug paraphernalia police discovered while searching her backpack, holding that the district court properly determined that the search of Defendant's backpack was beyond the scope of a permissible search incident to arrest.After officers arrested Defendant, they placed her inside a patrol car, placed her backpack in the trunk of the patrol car, and transported her to jail. Thereafter, the officers searched Defendant's backpack. On appeal, the State argued that the contraband was discovered in a lawful search incident to arrest or, alternatively, would have been inevitably discovered in a lawful inventory of the backpack's contents. The Supreme Court disagreed, holding (1) the search incident to arrest was invalid; and (2) because the evidence would not have been discovered through a lawful inventory search, the evidence was not admissible under the inevitable-discovery doctrine. View "State v. Nye" on Justia Law

The Supreme Court held that Nev. Rev. Stat. 258.007 does not give the Clark County Board of Commissioners (Board) power to remove a constable from office or necessitate quo warranto proceedings because the statute works an automatic forfeiture of office if the constable fails to become certified as a category II peace officer.Section 258.007 requires a constable to become certified as a category II peace officer within a certain amount of time or forfeit the office. The United States District Court for the District of Nevada certified a question to the Supreme Court, asking whether the statute gives the Board the power to remove a constable from office or whether a constable can be removed only through a quo warranto action. The Supreme Court answered the first part of the certified question in the negative, which necessarily resolved the second part of the certified question, holding that the Board has neither the authority nor the need to declare a forfeiture because that forfeiture occurs automatically upon the constable's failure timely to certify as a category II peace officer. View "Clark County v. Eliason" on Justia Law