October 29, 2024, Oral Arguments
Hamilton (Juan) vs. State
Las Vegas – 2:00 p.m. – Court of Appeals
Soldo-Allesio vs. Ferguson
Las Vegas – 2:45 p.m. – Court of Appeals
Hamilton (Juan) vs. State
Docket No. 87362-COA
Las Vegas – 2:00 p.m. – Court of Appeals
This appeal challenges appellant’s conviction of battery with use of a deadly weapon—a category B felony. Appellant argues the district court abused its discretion by allowing instructions regarding transferred intent and flight, by wrongfully admitting uncharged bad act evidence, and by allowing the State to introduce hearsay evidence under the excited utterance exception without proper foundation. Appellant also argues the State did not present sufficient evidence to convict him beyond all reasonable doubt. Finally, appellant argues the cumulative effect of the errors violated his due process right to a fair trial and requires the reversal of his conviction.
Soldo-Allesio vs. Ferguson
Docket No. 87657-COA
Las Vegas – 2:45 p.m. – Court of Appeals
This appeal challenges a child custody decree and post-decree order denying a motion for relief pursuant to NRCP 52 and 59. First, appellant challenges the custody decree by raising several arguments concerning the district court’s analysis of the best interest factors set forth in NRS 125C.0035(4). Most notably, appellant contends that the district court abused its discretion by finding no evidence of domestic violence because the district court improperly applied a clear and convincing evidence standard when analyzing NRS 125C.0035(4)(k)’s domestic violence best interest factor, which is governed by the preponderance of the evidence standard. Second, appellant argues that many of her proposed trial exhibits were improperly excluded at trial due to procedural technicalities, such as untimeliness when many of her exhibits had been previously filed and served on the respondent in prior filings before discovery closed. Third, appellant maintains that under either NRCP 52 or 59 the district court’s errors at trial regarding the admission of her exhibits and the improper analysis of domestic violence warrant relief, including a new trial and reopening discovery.