Thursday, November 12, 2020 - Carson City - J. Gibbons, J. Stiglich, J. Silver
ORTIZ (RAMEL) VS. STATE
Docket Number: 78996
Carson City - 10:00 AM - Southern Nevada Panel
This is an appeal from a judgment of conviction, pursuant to a jury verdict, of burglary, first degree kidnapping, second degree kidnapping, six counts of sexual assault, robbery, assault, and three counts of open and gross lewdness. Appellant sexually assaulted the victim by engaging in numerous different sexual positions with her. After the sexual assault, the victim’s adult daughter returned home and appellant directed the two women to drive him somewhere, but they escaped before he got in the car. Appellant objected to the jury venire because only 1 of 60 jurors was African American. He also objected to the State’s argument that he had tailored his testimony to the evidence offered at trial and objected to the jury instruction regarding sexual assault. He requested jury instructions providing that a brief interruption in a sexual encounter does not constitute separate sexual assaults and that the victim had to testify as to each count with particularity. He also sought a mistrial after the victim’s daughter had an emotional outburst on the witness stand.
ISSUES:
ISSUES: Whether: (1) the district court erred in overruling the objection to the jury venire, (2) the State’s argument that appellant tailored his testimony violated appellant’s Constitutional right to be present in person at the trial, (3) the district court abused its discretion in instructing the jury, and (4) the district court abused its discretion in denying appellant’s motion for a mistrial.
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
MESI VS. MESI
Docket Number: 79137
Carson City - 10:45 AM - Southern Nevada Panel
In this divorce case, the wife sued first in California, and the husband sued second in Nevada. The Nevada district court dismissed the suit in deference to California.
ISSUES:
This appeal concerns whether the Nevada judge was allowed to contact the California judge, without the parties present, to verify the status of the California litigation. This appeal also concerns whether the Nevada suit was correctly dismissed based solely on the fact that it was filed second, or whether the district court should have instead taken into account the possibility that the California case might be dismissed.
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
NEVADA STATE EDUC. ASS'N VS. CLARK CTY. EDUC. ASS'N
Docket Number: 79208
Carson City - 11:30 AM - Southern Nevada Panel
This appeal involves a dispute between a local teachers’ union and its state and national affiliates, about who should receive over $4 million in union dues collected between September 2017 and April 2018. Teachers pay dues to the local union through paycheck deductions. The local union then forwards a portion to the state affiliate union, which in turn forwards a portion to the national affiliate union. In September 2017, the local union stopped transmitting dues to the state union because of a dispute over how the money was spent, and the state union stopped providing certain services to the local union. The school district kept deducting the same amount of dues from teachers’ paychecks. The local union put the money that it would have sent to the state union in a separate account, and did not spend it. In April 2018, the local union officially disaffiliated, and the school district stopped deducting the state and national unions’ share of dues.
ISSUES:
This court must decide whether the money in the restricted account, collected between September 2017 and April 2018, should go to the state and national unions, or whether it should go back to the teachers. The state and national unions argue that the local union was still affiliated with the state and national unions until April; that the teachers were members of, and owed dues to, all three unions; and that the local union had to forward its members’ dues. The local union argues that it had the right to end its contracts with the state union; that the teachers only owed dues directly to the local union; and that the state union stopped providing services.
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
KAUR VS. SINGH
Docket Number: 80090
Carson City - 1:30 PM - Southern Nevada Panel
Appellant/cross-respondent Rajwant Kaur (Rajwant) and respondent/cross-appellant Jaswinder Singh (Jaswinder) got married in India in 1989, moved to California in 1993, and have lived together ever since. In 2004, they filed a joint petition for divorce in Las Vegas. In 2018, Rajwant moved to set aside the 2004 divorce decree under NRCP 60(b). After holding a hearing, the district court found that the parties never resided in Nevada, so the divorce decree constituted a fraud against the court. Nonetheless, it found that Rajwant failed to prove duress as required by Vaile v. Eighth Judicial District Court, 118 Nev. 262, 44 P.3d 512 (2002), and denied her motion.
ISSUES:
Rajwant appeals this decision and urges this court to overturn Vaile, and Jaswinder cross-appeals.
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