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Las Vegas Magnet High School to Host Nevada Court of Appeals

2/14/2017 9:35:00 AM

On Feb. 21, the Nevada Court of Appeals travels to the Advanced Technologies Academy (A-TECH) at 2501 Vegas Drive in Las Vegas for oral arguments from 10 to 11 a.m. in the high school’s auditorium.

Photo Courtesy: CCSD

The Court of Appeals is composed of Chief Judge Abbi Silver, Judge Michael Gibbons, and Judge Jerome Tao. A-TECH is a career and technical academy magnet high school established in 1994.

The court will hear oral arguments in the following cases: Burrell (Marcus) vs. State and Wasmund vs. Aria Resort & Casino Holdings, LLC. Summaries are provided for general information about each case, as follows:

Case 69924, Burrell (Marcus) vs. State

Marcus Lavell Burrell appeals from a judgment of conviction, pursuant to a jury verdict, of conspiracy to commit robbery, two counts of first-degree kidnapping, and two counts of robbery with the use of a deadly weapon. Burrell was sentenced to an aggregate term of a minimum of approximately 10 years and a maximum of 27 years.

Burrell responded to a Facebook post and offered to buy some shoes from Troy Hashimoto. They arranged to meet to carry out the sale, and when they met, another man was with Burrell. Burrell and the other man pointed guns at Hashimoto and his girlfriend, who was in the front passenger seat of Hashimoto’s car. Burrell and the other man took the shoes, Hashimoto’s wallet, and Hashimoto’s and his girlfriend’s cell phones. After taking the property, Burrell and the other man jogged away.

ISSUES: Whether sufficient evidence was presented to support the convictions for first-degree kidnapping.

(Disclaimer: This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.)

Case 68635, State and Wasmund vs. Aria Resort & Casino Holdings, LLC

This appeal stems from a highly-publicized shooting on the strip. Ammar Harris, a pimp who recently received the death penalty for his involvement in a corresponding criminal case, attended a party at Aria’s Haze Nightclub. After the party concluded, Aria security guards witnessed Harris arguing with a rival pimp, Kenneth Cherry, and ultimately saw another individual brandish a gun in valet parking. Shortly after leaving the Aria, Harris shot Cherry as both were driving down Las Vegas Boulevard. As a result of being shot, Cherry drove his Maserati into traffic and crashed into the back of a Desert taxicab, causing the taxicab to explode into flames. Sandra Sutton, the passenger in the taxicab, died in the fire. Cherry died from his wounds shortly thereafter.

As relevant to this appeal, Sutton’s surviving spouse, individually and on behalf of their minor children and Sutton’s estate, sued Aria for negligence in Sutton’s death.

The district court granted Aria’s motion for summary judgment dismissing the suit and awarding Aria costs. The plaintiff then motioned the district court for relief from judgment under Nevada Rule of Civil Procedure 60(b) after additional evidence came to light during Harris’s murder trial, in which he was convicted of murder-in-the-first-degree. However, the district court denied the motion.

ISSUES: The issues on appeal are whether the Aria is liable for Sutton's death, whether the district court erred by awarding Aria costs, and whether the district court abused its discretion by denying 60(b) relief.

(Disclaimer: This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.)

The bench, bar, and public is invited to attend. Judges Silver, Gibbons, and Tao and will answer questions from the audience after the arguments are concluded.