Nevada Law Journal

We are excited to announce next year's Nevada Law Journal symposium, "Dark Necessity? The Supreme Court’s Shadow Docket." This issue seeks to explain the shadow docket’s past and present use as well as its substantive effects on particular areas of law. Proposals are due May 16!

The Court found that a petition for judicial review in a land-use case cannot be filed and combined with an ongoing civil suit involving the same issue. A petition for judicial review is a separate action, in a separate docket. scholars.law.unlv.edu/nvscs/…

Despite the lower court's error in rejecting defendant’s Batson challenge to the State’s gender-based peremptory challenge used against a prospective alternate juror, the error was deemed harmless because no alternate jurors participated in deliberation. scholars.law.unlv.edu/nvscs/…

A court violates a defendant’s right to be competent at trial if it fails to order a competency hearing when reasonable doubt exists as to competence. An appellate court may order a retroactive competency hearing if one is feasible. scholars.law.unlv.edu/nvscs/…

The Nevada Supreme Court held that NRCP 16(e)(4)'s mandate regarding the disclosure of non-expert witnesses applies to termination of parental rights proceedings. scholars.law.unlv.edu/nvscs/…

The Nevada Supreme Court discusses NRS. 293.465, holding that a new election is required when voters’ opportunity to participate in an election is prevented by some event. And challenges must be brought after voters have had the opportunity to participate. scholars.law.unlv.edu/nvscs/…

When an HOA imposes an annual assessment, the superpriority portion of the HOA’s lien can be satisfied by paying nine months worth of assessments because there has been an “acceleration” under NRS 116.3116(2). scholars.law.unlv.edu/nvscs/…

Despite Appellant's mental illness, the Nevada Supreme Court found sufficient evidence to support Kassa’s convictions of first-degree murder and first-degree arson. scholars.law.unlv.edu/nvscs/…

The Nevada Supreme Court held that an order to pay sanctions for contempt of court is civil rather than criminal in nature, and that the amount of the sanctions must be limited to the opponent’s actual loss caused by the contempt. scholars.law.unlv.edu/nvscs/…

Courts can't rely on a withdrawn guilty plea when evaluating whether to seal criminal records. A presumption in favor of sealing records can only be rebutted where evidence of subsequent events shows lack of rehabilitation. scholars.law.unlv.edu/nvscs/…

The Nevada Supreme Court recently considered whether a hearing master may preside over a termination of parental rights (“TPR”) trial. The Court held that due process requires that the TPR trial initially be heard before a district judge. scholars.law.unlv.edu/nvscs/…

A custodial parent from Nevada sought to relocate with her children from Arizona to Ohio. Though the parent had already obtained permission to relocate from Nevada to Arizona, the parent was required to obtain permission to relocate from Arizona to Ohio. scholars.law.unlv.edu/nvscs/…

In a personal injury matter, the Nevada Court of Appeals found that the District Court erred in offsetting settlement funds in order to first satisfy Luxor’s judgment for attorney fees and costs. It also affirmed the challenged fees award. scholars.law.unlv.edu/nvscs/…

The Nevada Supreme Court withdrew its holding that “residence” under Nevada’s divorce statute, required residence & intent to remain in Nevada. It held that under NRS 10.155, residence requires only physical presence, not intent to remain. scholars.law.unlv.edu/nvscs/…

Dismissing an appeal for lack of jurisdiction, the Court holds that joint preliminary injunctions under EDCR 5.517 are not subject to NRCP 65; explaining that they each provide different procedures for treating injunctions. scholars.law.unlv.edu/nvscs/…

A petition for judicial review of a final judgment in an administrative proceeding doesn't have to be personally served on all parties. It's best viewed as a post-complaint filing, so a more relaxed standard of service by mail is sufficient. scholars.law.unlv.edu/nvscs/…

The Nevada Supreme Court held that Zoom hearings do not violate a defendant’s due process right to be present at trial. The Court also held that inconclusive DNA evidence can be relevant and admissible when used for specific purposes. scholars.law.unlv.edu/nvscs/…

Denial of objection to prosecution's peremptory challenge found improper because the record refutes non-demeanor explanations, indicating explanation was pretext, and because court didn't fully explain its reasoning as is required. scholars.law.unlv.edu/nvscs/…

LCB Legal's representation of defendants sued for acts taken on behalf of the Legislature as a whole, did not constitute a conflict of interest under RPC 1.7, as LCB Legal didn't have an attorney-client relationship with the Senator Plaintiffs. scholars.law.unlv.edu/nvscs/…