Justia Nevada Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court admitting certain out-of-court statements after finding that the witness was unavailable and that Defendant had intentionally deterred the witness from appearing at trial, holding that the district court correctly concluded that the State met its burden under the preponderance of the evidence standard.Defendant was charged with attempted murder with use of a deadly weapon and other crimes. When the State sought to admit Defendant's daughter's out-of-court statements to a district court's office investigator Defendant asserted his right to confrontation. The trial court admitted the statements, finding that the witness was unavailable and that Defendant had intentionally deterred the witness from appearing at trial. The Supreme Court affirmed, holding (1) when invoking the forfeiture by wrongdoing exception to the Confrontation Clause the preponderance of the evidence standard is the appropriate burden of proof; and (2) the district court applied the correct standard, and the court did not err in its application of the exception. View "Anderson v. State" on Justia Law

The Supreme Court declined to reconsider well-settled Nevada law that when a district court imposes a sentence in a criminal case it must give a defendant credit for any time the defendant was spent in presentence confinement absent an express statutory provision making the defendant ineligible for such credit and remanded the case with instructions for the district court to give Appellant the required credit for time served in presentence confinement.Defendant pleaded guilty to grand larceny of an automobile, less than $3,500, and unlawful taking of a motor vehicle. After she was sentenced Defendant appealed, arguing that the distrixt court erred by failing to give her credit for time served in presentence confinement. The State urged the Supreme Court to overrule established precedent holding that sentencing courts must award credit for time served in presentence confinement. The Supreme Court concluded that there was no compelling reason to overturn precedent, and based on that precedent, held that the district court erred in forfeiting Defendant's presentence credit as a condition of probation. View "Poasa v. State" on Justia Law

In this appeal from the denial of a postconviction habeas petition, the Supreme Court affirmed the judgment of the district court, holding that Appellant was not allowed to raise direct appeal issues related to his 1995 capital trial in this appeal from an amended judgment of conviction entered in 2017.In 1995, Appellant was sentenced to death for first-degree murder. Amended judgments required Appellant to pay an indeterminate portion of restitution. Appellant litigated the judgment of conviction for more than two decades with a direct appeal and various state and federal court proceedings. In the instant proceeding, Appellant filed in 2017 a petition for a writ of habeas corpus asserting that his conviction was not final because the judgment of conviction contained an indeterminate restitution provision. The district court denied the petition but amended the judgment of conviction to delete the indeterminate part of the restitution provision. The Supreme Court affirmed, holding (1) where for a dozen years Appellant treated the judgment of conviction as a final judgment, Appellant was estopped from now arguing that the judgment was not final; and (2) although the amended judgment of conviction is appealable, the appeal is limited in scope to issues stemming from the amendment. View "Witter v. State" on Justia Law

The Supreme Court granted in part Defendant's petition for a writ of mandamus challenging a district court order denying his pretrial petition for a writ of habeas corpus and motion to dismiss the indictment with prejudice, holding that evidence that has been suppressed in justice court proceedings on a felony complaint is not "legal evidence" that may be presented to the grand jury in support of an indictment.The State filed a criminal complaint charging Defendant with murder with use of a deadly weapon and possession of a firearm by a prohibited person. Before the preliminary hearing, Defendant moved to suppress his statements to the police and the gun. The justice court granted the motion. The State thendismissed the criminal complaint and went to the grand jury on the charge of possession of a firearm by a prohibited person, presenting the evidence that the justice court had suppressed. The grand jury indicted Defendant on the charge. After Defendant filed a pretrial petition for writ of habeas corpus challenging the legal sufficiency of the evidence supporting the indictment, without success, he brought this action seeking a writ of mandamus. The Supreme Court granted the petition in part, holding that the State was precluded from presenting the suppressed evidence to the grand jury. View "Gathrite v. Eighth Judicial District Court" on Justia Law

The Supreme Court granted the Nevada Board of Parole Commissioners' petition for a writ of mandamus challenging the district court's decision denying the Parole Board's petition for modification of Marlin Thompson's sentence pursuant to Nev. Rev. Stat. 176.033(2), holding that the district court misapplied the law.In 1992, Thompson, who was convicted of first-degree murder, was granted parole and has remained on parole since. In 2017, the Parole Board petitioned to modify Thompson's sentence. The district attorney's office opposed the petition, asserting that the minimum term for first-degree murder at the time of Thompson's offense was a life term, and therefore, the court could not reduce Thompson's maximum term. The district court agreed and denied the petition. The Parole Board filed a petition for a writ of mandamus challenging the court's order. The Supreme Court granted the petition, holding (1) the parole eligibility term prescribed by the penal statute sets the limit for reducing the life sentence under section 176.033(2); and (2) the district court relied on a misunderstanding of the law in denying the Parole Board's petition. View "State Board of Parole Commissioners v. Second Judicial District Court" on Justia Law

The Supreme Court overruled Barto v. Weishaar, 692 P.2d 498 (Nev. 1985), and its conclusion that a suggestion of death emanating from the deceased party must identify the deceased party's successor or representative to trigger the deadline set forth in Nev. R. Civ. P. 25(a)(1) to file a motion to substitute, holding that Barto expanded rule 25(a)(1) beyond its plain language.James McNamee was sued for damages. During the litigation, McNamee died. Counsel for McNamee filed a suggestion of death without naming a successor or representative. Thereafter, the probate court appointed Susan Clokey as special administrator to defend the negligence suit. McNamee's attorney later filed a motion to substitute Clokey as the party defendant in the negligence suit. The district court denied the motion and named Fred Waid as general administrator of McNamee's estate. McNamee's attorney moved to dismiss the personal injury case because his motion to substitute had been denied. The district court denied the motion and substituted Waid as the defendant in place of McNamee. The Supreme Court held (1) a suggestion of death that is properly served triggers the deadline for filing a motion to substitute regardless of whether it identifies the deceased party's successor or representative; and (2) the trial court abused its discretion when it denied Petitioner's motion to substitute. View "McNamee v. Eighth Judicial District Court" on Justia Law

The Supreme Court reversed the order of the district court dismissing Appellant's complaint because he filed it, though he did not serve it, without an affidavit and expert report, holding that an initial pleading filed under Nev. Rev. Stat. 11.258(1) is void ab initio only when it is served without a concurrent filing of the required attorney affidavit and expert report.In dismissing Appellant's complaint the district court relief on a statement in Otak Nevada, LLC v. Eighth Judicial District Court, 260 P.3d 408 (2011), that "a pleading filed under [section] 11.258 without the required affidavit and expert report is void ab initio." The Supreme Court reversed the district court's order granting the motion to dismiss and remanded the matter to the district court for further consideration, holding that a pleading is void ab initio under section 11.258(1) only where the pleading is served without a concurrent filing of the required attorney affidavit and expert report, not where the pleading is merely filed. View "Reif v. Aries Consultants, Inc." on Justia Law

The Supreme Court reversed Defendant's conviction of first-degree murder and affirmed the judgment of conviction as to the other charges for which Defendant was convicted, holding that the district court abused its discretion by declining to instruct the jury on voluntary manslaughter.Defendant was convicted of first-degree murder, two counts of child abuse, neglect or endangerment, and ownership or possession of a firearm by a prohibited person. The Supreme Court reversed in part and remanded for a new trial on the murder charge, holding (1) a district court must instruct the jury on voluntary manslaughter when requested so long as the instruction is supported by some evidence, even if that evidence is circumstantial; (2) because the circumstantial evidence in this case strongly suggested the killing occurred in a sudden heat of passion upon provocation the district court abused its discretion by refusing to give a jury instruction on voluntary manslaughter; and (3) Defendant was not entitled to relief on his remaining allegations of error. View "Newson v. State" on Justia Law

The Supreme Court affirmed the district court's distribution of community property upon the divorce of Richard Kilgore and Eleni Kilgore, holding that a district court has significant discretion when determining whether to grant or deny a non-employee spouse's request for pension payments before the employee spouse has retired.On appeal, Richard argued that the district court (1) abused its discretion in concluding that Eleni was entitled to her community property share of his pension benefits even though he had not yet retired, reduced the amount to a judgment, and ordered him to pay Eleni a monthly amount it deemed fair, and (2) erred when it concluded that his vacation and sick pay were omitted from the divorce decree and thereafter divided them equally between the parties. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in granting Eleni's request for pension payments before Richard retired; and (2) did not err in considering the omitted assets and dividing them equally between the parties. View "Kilgore v. Kilgore" on Justia Law

The Supreme Court affirmed the district court's determination that Ruby Lake Estates Homeowner's Association's (RLEHOA) authority to impose assessments on Appellants, property owners in Ruby Lake Estates (RLE), holding that RLE is a common-interest community within the meaning of Nev. Rev. Stat. 116.021 and that RLEHOA did not need to be organized before the first lot in RLE was conveyed.RLE was create in 1989. Appellants filed a declaratory relief action challenging RLEHOA's authority to impose assessments on them. Specifically, Appellants argued (1) RLE was not a validly created "common-interest community" as defined by section 116.021; and (2) alternatively, RLEHOA was not a validly created "unit-owners' association." The district court granted summary judgment for RLEHOA. The Supreme Court affirmed, holding (1) RLE is a common-interest community because RLE's declaration contained an implied payment obligation for the common elements and other real estate of which Appellants had notice; and (2) Nev. Rev. Stat. 116.3101(1) does not apply to common-interest communities formed before 1992, and therefore, RLEHOA did not need to be organized before the first lot in RLE was conveyed. View "Artemis Exploration Co. v. Ruby Lake Estates Homeowner's Ass'n" on Justia Law