Thursday, July 18, 2019 - Las Vegas - J. Hardesty. J. Stiglich, and J. Silver
Cabrera (Ivonne) vs. State
Docket Number: 74341
Las Vegas - 3:30 p.m. - Southern Panel
This is an appeal from a judgment of conviction, pursuant to a jury verdict, of conspiracy to commit murder, burglary while in possession of a deadly weapon, and two counts each of first-degree murder with the use of a deadly weapon and attempted murder with the use of a deadly weapon. Ivonne Cabrera and Jose Gonzales broke into the victims’ apartment. Gonzales then demanded a debit card from one of the victims, and shot the four people in the apartment. Two of the victims lived and two died. Gonzalez and Cabrera were originally set to be tried together, but Gonzales filed a successful motion to sever. After several motions, Cabrera was tried by a jury. Cabrera was convicted of all the charges brought against her, and was ultimately sentenced to life without the possibility of parole. Cabrera now appeals.
ISSUES:
Whether (1) NRS 194.010(8) precludes the duress defense for murder when the accused is an aider and abettor; (2) NRS 194.010(8) precludes the duress defense for burglary with the use of a deadly weapon, conspiracy to commit murder, and attempted murder; (3) NRS 194.010(8) violates the U.S. Constitution; (4) the district court abused its discretion in retaining the duress defense jury instruction; (5) the district court abused its discretion by denying Cabrera’s motion to sever because not severing the trials violated her constitutional right to a speedy trial; (6) the district court abused its discretion in admitting an un-redacted transcript of Cabrera’s custodial interview because it contained inadmissible hearsay; and (7) as applied, the district court’s use of aggravating factors under NRS 200.033(2) violates the Eighth Amendment.
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
Clark Cty. School Dist. vs. Bryan C/W 74566
Docket Number: 73856
Las Vegas - 4:00 p.m. - Southern Panel
Plaintiffs sued Clark County School District under Title IX and § 1983 for damages after two sixth-graders bullied and taunted two classmates. The bullying included homophobic slurs and physical abuse. The parents and victims submitted incident reports, but school administrators failed to stop the bullying.
ISSUES:
Whether the student-on-student harassment triggered Title IX penalties against the school district under the particular facts of this case, and whether the school’s failure to stop student-on-student bullying violates due process and is actionable under § 1983.
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