An association of several owners of a mine for co-operation in working the mine. A ...
Nevada Supreme Court Court Cases
Pan v. Dist. Ct. (2004)In a series of prior decisions, this court has stated that mandamus is the proper method for challenging the dismissal of a case on forum non conveniens grounds. Those decisions, however, did not address the interplay between writ relief and the availability and adequacy of an appeal. But in other decisions, this court has recognized that an appeal is generally an adequate legal remedy that precludes writ relief. Consequently, we take this opportunity to clarify that if all prerequisites [...]
Court: Nevada Supreme Court Docket: 42035
Lader v. Warden (2005)The primary issue we address in this appeal is appellant Philip Lader's post-conviction claim that his trial and appellate counsel were ineffective for failing to adequately argue that his two prior felony convictions for driving under the influence of alcohol (DUI) in Nevada could not be used to enhance a subsequent DUI conviction to a felony, pursuant to NRS 484.3792, and in the same criminal proceeding adjudicate him a habitual criminal, pursuant to NRS 207.010. Lader argues that such dual [...]
Court: Nevada Supreme Court Docket: 41895
Kirksey v. State (1996)
Frankie Sue Del Papa, Attorney General, Carson City; Stewart L. Bell, District Attorney, James Tufteland, Chief Deputy District Attorney, and Steven Hill, Deputy District Attorney, Clark County, for Respondent.
Court: Nevada Supreme Court Docket: 25540
Hathaway v. State (2003)Appellant Michael J. Hathaway filed an untimely proper person post-conviction petition for a writ of habeas corpus in the district court. Hathaway argued that he had good cause to excuse the delay in filing his habeas corpus petition because he thought his attorney was pursuing a direct appeal and he did not learn that his attorney had not filed a direct appeal until after the statutory time period for filing a habeas corpus petition had expired. Hathaway argued that he filed his habeas corpus [...]
Court: Nevada Supreme Court Docket: 39512
Hargrove v. State (1984)
Thomas Randall Hargrove appeals from an order of the district court denying his post-conviction motion to withdraw his plea of guilty. We sua sponte ordered appellant to file supplemental authorities speaking to the issue of whether an order denying a post-conviction motion to withdraw a guilty plea is an appealable determination. For the reasons set forth below, we conclude that such an order is appealable, and affirm.
Court: Nevada Supreme Court Docket: 14551
Bolden v. State (1981)
A jury convicted Rudy Bolden of robbery. He seeks reversal on the sole ground that the evidence presented at his trial did not support the jury's verdict. We disagree and affirm Bolden's judgment of conviction.
Court: Nevada Supreme Court Docket: 12238
Pellegrini v. State (2001)In this appeal, we are asked to decide whether NRS 34.726 and its one-year time bar apply to second or successive petitions for post-conviction relief. Appellant David Pellegrini and amicus curiae, the Federal Public Defender, contend that NRS 34.726 applies just to first petitions and that dismissal for delayed filing of second or successive petitions is governed only by the laches provisions of NRS 34.800. We reject this contention and conclude that NRS 34.726 applies to all post-conviction [...]
Court: Nevada Supreme Court Docket: 35999
Castillo v. State (1990)
This is an appeal from an order of the juvenile division of the district court certifying appellant to stand trial as an adult. This is also an appeal from an order of the district court denying appellant's petition for transfer back to the juvenile court.
Court: Nevada Supreme Court Docket: 20840
Maresca v. State (1987)
In February or March of 1981, appellant and his girlfriend moved to Nevada from Florida. On May 18, 1981, appellant applied for a job at the Airbase Inn, near the Stead Air Force Base outside Reno. Two days later he once again visited the Airbase Inn in the late evening. The following morning, at approximately 3:30 a.m., the police were dispatched to the Airbase Inn to investigate a shooting. The victims, owners of the Airbase Inn, were Vivian and Dean Grady.
Court: Nevada Supreme Court Docket: 17674
Valdez v. State (2008)
Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and William D. Kephart, Deputy District Attorney, Clark County, for Respondent.
Court: Nevada Supreme Court Docket: 49541
This original petition for writ of mandamus or prohibition challenges an order of the respondent district court, Jeffrey D. Sobel, Judge, denying petitioners' motion to strike a peremptory challenge directed against the same judge as successor to litigation presided over by Judge Sobel's predecessor in office.
Court: Nevada Supreme Court Docket: 21939
Means v. State (2004)In this appeal, we consider whether a post-conviction habeas petitioner should have been permitted to inspect and introduce his former attorney's notes from the case file into evidence after former counsel used the notes to refresh his recollection while testifying at the post-conviction evidentiary hearing. We also consider the proper burden of proof that a petitioner carries on disputed factual questions in the context of a post-conviction hearing. Finally, we consider whether granting a [...]
Court: Nevada Supreme Court Docket: 40898
McNair v. State (1992)Appellant, Kimble McNair, a licensed physician specializing in obstetrics and gynecology, was convicted of six counts of sexual assault and sentenced to four consecutive and two concurrent life sentences. His victims were also his patients. McNair raises several issues on appeal, but most insistently contends that the evidence does not support a finding of lack of consent, an element essential to his convictions. Our review indicates that McNair was fairly tried and convicted. We therefore [...]
Court: Nevada Supreme Court Docket: 20127
In this appeal, we examine whether a landowner may assert a cause of action for precondemnation damages that arise when a municipality announces its intent to condemn a parcel of land and then unreasonably delays instituting an eminent domain action. We conclude that a municipality's announcement of intent to condemn a parcel of land may give rise to a cause of action by the landowner for damages based on allegations that, under the circumstances, the municipality acted improperly in making [...]
Court: Nevada Supreme Court Docket: 47262
Petitioner Round Hill General Improvement District (Round Hill), and intervening petitioner Incline Village General Improvement District (IVGID), seek writs of mandamus to compel the State Engineer to act on their applications for permits to appropriate water from Lake Tahoe. NRS 533.325 et seq. The State Engineer has declined to act on the applications on the ground that a pending court action in the area is not final.
Court: Nevada Supreme Court Docket: 12449
Petrocelli v. State (1985)
A jury convicted appellant Tracy Petrocelli of first degree murder and sentenced him to death. Our review of the record convinces us that Petrocelli was fairly tried, convicted and sentenced. We therefore affirm.
Court: Nevada Supreme Court Docket: 14468
This is an appeal from a judgment in an action brought for a declaratory judgment, to quiet title on some mining claims, and to obtain damages for an alleged breach of contract. Ms. Caroline E. Brown was the plaintiff below. Appellant Old Aztec Mine, Inc. (hereafter "Old Aztec") was the defendant below.
Court: Nevada Supreme Court Docket: 11743
Flangas McMillan Law Group, Inc., and Gus W. Flangas, John R. McMillan and Kimberly P. Stein, Las Vegas, for Respondents Cenicola-Helvin Enterprises, d/b/a Bannerview.com; Mark Cenicola; and Jeff R. Helvin.
Court: Nevada Supreme Court Docket: 44135, 44483
Wyatt v. State (1970)
The appellant was found guilty on six (6) counts of violating NRS 202.360(2), which prohibits an ex-felon possessing a firearm capable of being concealed upon the person. From the judgment of conviction and the order denying his motion for a new trial, this appeal is taken.
Court: Nevada Supreme Court Docket: 5765
Crawford v. State (2005)
Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and George W. McFetridge Jr., Deputy District Attorney, Clark County, for Respondent.
Court: Nevada Supreme Court Docket: 40489