Tuesday, December 19, 2023, Oral Arguments
STATE VS. EWING (CALVIN)
Las Vegas – 9:30 A.M. – Herndon/Lee/Parraguirre
SUNRISE HOSPITAL AND MEDICAL CENTER, LLC VS. DISTRICT COURT (GRACE)
Las Vegas – 10:00 A.M. – Herndon/Lee/Parraguirre
ENE VS. GRAHAM
Las Vegas – 11:00 A.M. – Herndon/Lee/Parraguirre
STATE VS. EWING (CALVIN)
Docket No. 85695
Las Vegas – 9:30 A.M. – Herndon/Lee/Parraguirre
This is an appeal from a district court order declaring a mistrial with prejudice in a criminal prosecution for sexual assault, battery, and kidnapping. While trying respondent Calvin Ewing for sexual assault in August 2022, appellant the State of Nevada called a sexual assault nurse who treated the victim at a Las Vegas hospital following the alleged incident. The nurse testified regarding statements the victim made describing the alleged assault. The State planned to call the victim as a witness, but the victim failed to appear at the last minute. Ewing then argued that the victim’s statement to the nurse was testimonial and violated Ewing’s Sixth Amendment right to confrontation without the victim’s availability for cross-examination. The district court agreed and declared a mistrial with prejudice, barring the State from prosecuting Ewing again. Issues on appeal: (1) whether the district court applied the wrong test in determining that a mistrial with prejudice was warranted, and (2) whether Ewing consented to the mistrial.
SUNRISE HOSPITAL AND MEDICAL CENTER, LLC VS. DISTRICT COURT (GRACE)
Docket No. 85844
Las Vegas – 10:00 A.M. – Herndon/Lee/Parraguirre
Real party in interest Tiffiny Grace sued petitioners Sunrise Hospital and Medical Center and Cord Olsen for alleged negligence during a fluid line change for Grace’s adopted son, E. G., while he was in the NICU. During a deposition, Grace posed questions to Sunrise’s Chief Medical Officer to uncover more information about the hospital’s investigation into the event. Sunrise objected to those questions based on various privileges and instructed its employee not to answer them. Grace moved to compel the deposition testimony. The district court granted that motion. Now, this court must determine whether the information sought (1) is privileged under the Patient Safety and Quality Improvement Act of 2005 or Nevada law, and if so, (2) whether Sunrise’s or its employees’ conduct waived any applicable privilege.
ENE VS. GRAHAM
Docket No. 84800
Las Vegas – 11:00 A.M. – Herndon/Lee/Parraguirre
Respondent Laura Graham sued appellant International Property Holdings LLC (IPH) and the single owner/manager of IPH, appellant Ovidiu Ene (Ene) after respondent tripped over a sprinkler box while visiting a property owned by IPH. Ene originally owned the property but transferred it to IPH. The property was managed, marketed, and rented out by Vegas Quality Homes. During trial, the district court found under NRS 86.376 that Ene was the alter ego of IPH and allowed respondent to pierce the corporate veil. The jury then apportioned liability and found Ene 10% liable, IPH 50% liable, Graham 40% liable, and Vegas Quality Homes 0% liable. Ene and IPH now appeal the district court’s application of the alter ego doctrine.