Monday, November 4, 2019 - Carson City - Full Court
State vs. Browning (Death Penalty/Direct)
Docket Number: 78476
Carson City - 1:00 P.M. - Full Court
Respondent Paul Lewis Browning was convicted of multiple felony offenses stemming from the 1985 robbery and murder of Hugo Elsen. Browning was sentenced to death for the murder. He eventually obtained relief from the judgment of conviction in federal court. The State then indicated its intent to retry Browning, and the matter was set for trial. Before the new trial, Browning filed a motion to dismiss the case based on due process concerns stemming from the passage of time between the crime and his retrial and the resulting prejudice to his defense. The district court granted Browning’s motion and the State appealed.
ISSUES:
The primary issue in this appeal is whether the district court erred in granting the motion to dismiss.
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
Bank of America, N.A. vs. Thomas Jessup, LLC Ser. VII
Docket Number: 73785
Carson City - 1:30 P.M. - Full Court
This is an appeal from final judgment following a bench trial in an HOA quiet title action. Below, the district court concluded that a letter from appellant’s agent, sent to the HOA’s agent, that offered to pay the superpriority portion of the HOA lien was insufficient to constitute tender. The district court also found there was no fraud, unfairness, or oppression affecting the sale and that Miles Bauer’s witness “understood that failure to pay the superpriority portion of the lien would result in the loss of his client’s interest in the property.”
ISSUES:
Here, the court will consider the following two questions: (1) whether an offer to pay the superpriority amount, once that amount is determined, constitutes a tender sufficient to preserve the first deed of trust; and (2) whether a formal tender is excused when the party entitled to payment represents that if a tender is made, it will be rejected.
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 vs. Nye
Docket Number: 78230
Carson City - 3:00 P.M. - Full Court
The State charged respondent Kimberly Marie Nye with possession of a controlled substance after searching her backpack and finding drugs. The search occurred after officers arrested Nye, placed her inside a patrol car, placed her backpack in the trunk, and transported her and her backpack to jail. Nye filed a motion to suppress the evidence, arguing that the warrantless search of her backpack was not a lawful search incident to arrest. The district court granted her motion, relying on Rice v. State, 113 Nev. 425, 936 P.2d 319 (1997) (governing Nevada’s search-incident-to arrest exception). The State now appeals.
ISSUES:
The primary issues on appeal are whether the district court erred when it concluded that (1) the search of Nye’s backpack was not a valid search incident to arrest, and (2) the drugs would not have been discovered through a lawful inventory search, and thus are not admissible under the inevitable discovery doctrine. Much of this appeal focuses on whether this court should reconsider Rice, which the State argues grants greater constitutional protection than U.S. Supreme Court case law, and instead adopt a less restrictive standard.
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 vs. Gallegos
Docket Number: 78401
Carson City - 3:30 P.M. - Full Court
The State charged respondent Stephanita Karla Gallegos with trafficking and possession of a controlled substance after finding drugs in her purse. Gallegos filed a motion to suppress the drugs seized from her purse and incriminating statements made to an investigating officer. Gallegos argued that the warrantless search of her purse was not a lawful search incident to arrest and that the officer violated her Miranda rights. The district court granted her motion, relying on Rice v. State, 113 Nev. 425, 936 P.2d 319 (1997) (governing Nevada’s search-incident-to arrest exception). The State now appeals.
ISSUES:
The primary issues on appeal are whether the district court erred when it concluded that (1) the search of Gallegos’s purse was not a valid search incident to arrest, and (2) Gallegos was in custody for Miranda purposes. Similar to the appeal in State v. Nye (Kimberly), Docket No. 78230, must of this appeal focuses on whether this court should reconsider Rice, which the State argues grants greater constitutional protection than U.S. Supreme Court case law, and instead adopt a less restrictive standard.
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