Aldape (Antonio) vs. State
Las Vegas – 11:30 a.m. – Full Court
Orbitz Worldwide, LLC vs. District Court (State)
Las Vegas – 1:30 p.m. – Full Court
Floyd vs. State, Department of Corrections
Las Vegas – 2:00 p.m. – Full Court
Aldape (Antonio) vs. State
Docket No. 83622
Las Vegas – 11:30 a.m. – Full Court
This is an appeal from the district court’s judgment of conviction entered pursuant to a guilty plea for two counts of attempted lewdness with a child under 14, which, if Aldape successfully completes probation, will be entered as two counts of sexually motivated coercion. On appeal, Aldape challenges the constitutionality of a probation condition restricting his access to the internet and connected devices pursuant to NRS 176A.410(1)(q), as well as a condition restricting his ability to enter businesses and public places catering to children as outside of the court’s jurisdiction. As a threshold matter, both of these challenges are contingent on the application of the appellate waiver included in his plea agreement to the instant appeal.
Orbitz Worldwide, LLC vs. District Court (State)
Docket No. 85111
Las Vegas – 1:30 p.m. – Full Court
This petition for a writ of mandamus or prohibition involves an issue of first impression regarding whether NRS 357.080(3)(b) requires dismissal of a private action under the False Claims Act (FCA) on behalf of the State of Nevada, where a subsequently instituted suit on behalf of a county against the same parties relies on the same allegations or transactions to establish liability. Real parties in interest sued petitioners under the FCA on behalf of the State of Nevada to recover taxes from petitioners allegedly owed to the State based on petitioners’ alleged fraudulent scheme to avoid transient-lodging tax obligations in Clark County and other counties. A year after real parties in interests’ suit was filed, Clark County instituted its own lawsuit against petitioners, alleging non-FCA claims to recover money allegedly owed to it based also on petitioners’ alleged avoidance of transient-lodging tax obligations in Clark County. Petitioners seek writ relief compelling the district to grant summary judgment under NRS 357.080(3)(b), arguing that, because the statute’s plain language imposes no requirement for relators’ qui-tam suit to follow Clark County’s suit to trigger dismissal, the two suits’ reliance on the same allegations or transactions to make out the allegedly unlawful tax-avoidance scheme requires dismissal of relators’ private action.
Floyd vs. State, Department of Corrections
Docket No. 84081
Las Vegas – 2:00 p.m. – Full Court
Appellant Zane Michael Floyd is a death-row inmate who sued the Nevada Department of Corrections and its Director, seeking a declaration that NRS 176.355, which authorizes execution by lethal injection, is an unconstitutional delegation of legislative authority to the Director. The district court dismissed Floyd’s complaint. Issue on appeal: whether NRS 176.355 provides the Director with “suitable and sufficient standards” for creating a lethal injection protocol such that the statute complies with the separation-of-powers doctrine.