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In re Guardianship of Jones, 139 Nev. Adv. Op. 57 (Dec. 21, 2023)
Get PDFThe Court addressed several issues related to the appointment and compensation of a Guardian Ad Litem (GAL) for Kathleen June Jones (June). First, the Court held that June waived any claim regarding the district court’s failure to state the GAL’s hourly rate in the appointment order because she did not raise it below, and that any error was harmless. Additionally, the Court found an error in the district court’s conclusion that it was required to appoint an attorney as GAL, but found this to be harmless as well, due to the absence of any qualified nonattorney. Further, the Court declared GALs as fiduciaries, who can provide services also performed by attorneys, and introduced a factor test to determine the appropriate fee rate. Finally, the Court upheld the district court’s award of $400 per hour, emphasizing the consideration of Brickfield’s experience, qualifications, services rendered, and the complexity of the case
Dickey v. The State of Nevada, 140 Nev. Adv. Op. 2 (Jan. 4, 2024)
Get PDFThe proper admission of other act evidence must be reviewed through the Petrocelli test and NRS 48.045(2), emphasizing the differentiation between Franks and Petrocelli analyses. Moreover, to challenge an expert’s qualifications, a full Hallmark analysis is required. In this case, despite some minor procedural errors, the State’s overwhelming evidence supported Bryce Dickey’s conviction for murder and sexual assault, thereby affirming district court’s judgment
Sullivan v. Lincoln Cnty. Water Dist., 140 Nev. Adv. Op. 4 (Jan. 25, 2024)
Get PDFThe Nevada Supreme Court found that the State Engineer maintains the authority to conjunctively manage surface and ground waters and to jointly administer multiple water basins and was therefore able to issue Order 1309. Furthermore, the Court found that the State Engineer did not violate due process protections due to the fact respondents had notice and the opportunity to be heard on the matter
Supreme Court Legitimacy and Reform: Problems with Personnel and Composition Reform Proposals
Get PDFGibbs v. State [State of Nevada], 140 Nev. Adv. Op. 13. 543 P.3d 1185 (Mar. 7, 2024)
Get PDFAbsent additional evidence of waiver, a defendant does not waive his attorney-client privilege even when he makes phone calls during pretrial detention that are in violation of detention center phone use policy and uses a three-way phone service to connect to his defense investigator. Though district courts use discretion in admitting or denying evidence, these uses of discretion can be reviewed on appeal, and reversed if not harmless
Humanitarian Intervention, Its Misuse, and a Proposed Solution Throughthe International Court of Justice
Get PDFSmith (Arinza) v. State [State of Nevada], 140 Nev. Adv. Op. 81 (Dec. 19, 2024)
Get PDFThe Court affirmed the district courts’ denial of Arinza Smith’s petition for a writ of mandamus, holding that his claim regarding the revised method for determining good time credits under Senate Bill (S.B.) 413 was a challenge to the computation of time served, which must be raised in a postconviction petition for a writ of habeas corpus, pursuant to NRS Chapter 34. The Court also further clarified that S.B. 413’s provisions for determining good time credit calculations do not take effect until July 1, 2025, and are not in effect for the relief sought. Smith has an adequate remedy through a habeas petition, not a writ of mandamus which was inappropriate for this claim
2024 Beecroft Lecture: Arbitrating Sports, Politics & Human Rights: Who Decides
No full textArbitration is the designated and largely exclusive mechanism to resolve sports-related disputes, particularly in Olympic and international sports. The Olympic Charter designates the Switzerland-based Court of Arbitration for Sport (CAS) as the only dispute resolution institution for resolving sports-related international arguments between and among athletes, teams, and sport governing bodies from more than 200 countries, plus “individual neutral athletes” who compete without country affiliation.
The disputes before the CAS are not simply about who won or lost a game or match but instead have far-reaching implications related to politics, athlete abuse and safety, doping, corruption, and human rights.
Professor Weston’s lecture will examine private arbitration in the context of international sports. Among the questions she will consider are whether these private arbitration mechanisms should make decisions on matters with political and human rights implications, especially when these decisions involve consequences and protections of broader international human rights conventions. Professor Weston will discuss recent cases and issues in international sports arbitration leading up to the 2024 Summer Games in Paris
Operating Internationally under the Current Patchwork of National Exceptions and Limitations to Copyright (with an AI Angle) Plus: Nevada IP Statistics
Get PDFProfessor Trimble delivered a presentation for the 2024 Intellectual Property Conference, hosted by the Intellectual Property Law Section of the State Bar of Nevada