Monday, July 1, 2019 - Carson City- En Banc
State vs. Gutierrez (Carlos) (Death Penalty-PC)
Docket Number: 74236
Carson City - 1:00 P.M. - En Banc
Between 1993 and 1994, Carlos Gutierrez abused and tortured his young stepdaughter, resulting in her death. He pleaded guilty to first-degree murder and was sentenced to death by a three-judge panel. This court affirmed his judgment of conviction on direct appeal. Gutierrez then filed a timely postconviction petition for a writ of habeas corpus, which was denied. In 2003, he filed an untimely and successive postconviction petition for a writ of habeas corpus, where he argued for the first time that Nevada officials violated Article 36(1) of the Vienna Convention on Consular Relations by failing to inform him that he had a right as a Mexican national to contact the Mexican consulate. The district court granted the petition in part and denied it in part. The State appeals from the portion of the order granting the petition and Gutierrez appeals from the portion of the order denying the petition.
ISSUES:
Whether (1) the district court erred by granting the petition because Gutierrez failed to overcome the procedural bars on untimely and successive habeas petitions; (2) the district court correctly determined that Gutierrez’s counsel was ineffective; and (3) the district court should have granted habeas relief based on the proceedings leading up to Gutierrez’s penalty hearing.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do
State, Bd. of Parole Comm'rs vs. Dist. Ct. (Thompson (Marlin)
Docket Number: 76024
Carson City - 1:30 P.M. - En Banc
This is an original petition for a writ of mandamus, challenging a district court order denying a petition to modify Marlin Thompson’s 1978 sentence of life with the possibility of parole for first-degree murder to reduce the life sentence and allow him to be relieved of further supervision as a parolee.
ISSUES:
The primary issues are: (1) whether the court should entertain this petition on the merits, and (2) whether the district court denied the modification petition based on a clearly erroneous interpretation of NRS 176.033(2) in relation to the statute under which Thompson was sentenced.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do
Magliarditi vs. Transfirst Group, Inc. (NRAP 5)
Docket Number: 73889
Carson City - 2:30 P.M. - En Banc
Respondents obtained a judgment against appellant Dominic Magliarditi on fraud and civil RICO claims. In attempting to collect on the judgment, respondents sued, in the federal court, various associated corporate and trust entities, asserting that those entities were liable on the judgment under theories of alter ego. The United States District Court for the District of Nevada has certified the following questions to this court.
ISSUES:
(1) May a judgment creditor bring a claim for alter ego to make a third party liable on the judgment or is alter ego a remedy only?; (2) Does alter ego apply to limited liability companies, partnerships, trusts, and spendthrift trusts?; (3) Is an alter ego of a judgment debtor a “debtor” under Nevada’s Uniform Fraudulent Transfer Act?; and (4) Is a transfer between alter egos or between the judgment debtor and an alter ego a “transfer” under Nevada’s Uniform Fraudulent Transfer Act?
Disclaimer:
This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do