Thursday, February 6, 2020 - Las Vegas - J. Gibbons, J. Stiglich, and J. Silver

Bailey, Sr. vs. Bisbee
Docket Number: 76632
Las Vegas - 1:00 p.m. - Southern Nevada Panel

This is an appeal from a district court order denying a petition for a writ of mandamus seeking a new parole hearing. Larry Bailey, Sr. was sentenced to life in prison with the possibility of parole. After the Parole Board denied him parole for the fifth time, Bailey submitted a letter to the Parole Board requesting reconsideration. The Parole Board denied Bailey’s request. Thereafter Bailey filed a petition for writ of mandamus with the district court. Bailey sought to have the court order the Parole Board to reconsider its decision based upon its alleged failure to follow its internal guidelines and its reliance on immutable factors when determining whether to grant parole. The district court denied Bailey’s petition.

ISSUES:

ISSUES: Whether: (1) the Parole Board failed to comply with applicable statutes and regulations when it evaluated Bailey as an active gang member; and (2) the Parole Board’s use of the Risk Assessment Guidelines and corresponding list of aggravating and mitigating factors denied Bailey meaningful consideration for parole.

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: http://caseinfo.nvsupremecourt.us/public/caseSearch.do

TRP Fund IV, LLC vs. U.S. Bank Nat’l Ass’n
Docket Number: 76641
Las Vegas - 1:30 p.m. - Southern Nevada Panel

The underlying district court case concerned whether appellant TRP Fund, IV, LLC acquired title to property free and clear of a deed of trust claimed by U.S. Bank. TRP purchased the property from a buyer who purchased it at an HOA foreclosure sale. The HOA’s agent charged a number of fees and costs, which the district court later concluded were improper and amounted to fraud or unfairness that, under the facts, resulted in the HOA sale being subject to U.S. Bank’s deed of trust.

ISSUES:

The issues on appeal are (1) whether the district court erred by concluding the bank’s deed of trust survived the foreclosure sale, (2) whether the district court erred by concluding that including certain fees and costs amounted to unfairness against the bank rather than the buyer, (3) whether the district court failed to balance the equities in accordance with Nevada jurisprudence and (4) whether TRP was a bona fide purchaser and, if so, whether that status is relevant to the outcome.

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: http://caseinfo.nvsupremecourt.us/public/caseSearch.do

Pratt vs. State, Dep’t of Health and Human Servs.
Docket Number: 77298
Las Vegas - 2:30 p.m. - Southern Nevada Panel

David Pratt appeals the district court’s denial of his petition for judicial review, which concerns a decision by the Nevada Department of Health and Human Services (DHHS) to terminate Pratt’s employment and a hearing officer’s decision to uphold the termination.

ISSUES:

The primary question is whether DHHS terminated Pratt’s employment without affording adequate process, whether due under the Constitution or Nevada law (Chapter 284 of NRS and NAC).

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: http://caseinfo.nvsupremecourt.us/public/caseSearch.do

Keller vs. Las Vegas Metro. Police Dep’t
Docket Number: 75274
Las Vegas - 3:00 p.m. - Southern Nevada Panel

This is an appeal from a final judgment in a civil forfeiture action. Police arrested Christopher Keller upon searching his home and finding various drugs, packaging materials, digital scales, and $2,187 in cash. Keller was convicted of possession of a controlled substance with intent to sell, among other charges. The Las Vegas Metropolitan Police Department (LVMPD) filed a forfeiture complaint to acquire the $2,187 Keller possessed at the time of his arrest. During discovery, Keller asserted the money came from various jobs as well as a loan from his mother. The district court granted LVMPD’s motion for summary judgment, holding there was no genuine issue of material fact that Keller obtained the $2,187 by selling drugs.

ISSUES:

ISSUES: Whether: (1) the district court erred in granting summary judgment because there was a genuine issue of material fact concerning the source of the money, (2) the guilty verdict in Keller’s criminal case automatically establishes that the $2,187 was attributable to drug sales, and (3) the district court misinterpreted the law regarding the “commingling” of funds.

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: http://caseinfo.nvsupremecourt.us/public/caseSearch.do