Tuesday November 8, 2022 - Full Court - Las Vegas

November 8, 2022, Oral Arguments

In Re: B.J.W.-A.

Las Vegas – 10:00 a.m. – Full Court

Clark County Association of School Administrators and Professional-Technical Employees vs. Clark County School District

Las Vegas – 10:30 a.m. – Full Court

Las Vegas Metropolitan Police Department vs. Holland

Las Vegas – 11:30 a.m. – Full Court

In Re: B.J.W.-A.

Docket No. 83621/84276

Las Vegas – 10:00 a.m. – Full Court

B.J.W.A. allegedly committed seven counts of lewdness with a child under the age of 14 against two of his younger half-sisters. Some of these incidents occurred before B.J.W.A. turned 18, and some likely occurred after he turned 18.  The court certified B.J.W.A. as an adult. B.J.W.A. filed a motion under the exceptional circumstances clause in NRS 62B.390(3)(b) requesting the court accept the transfer of his case back to juvenile court, arguing lewdness with a child under the age of 14 committed by a person under the age of 18 is an act of delinquency and cannot be certified for adult proceedings under NRS 62B.390. The court denied B.J.W.A.’s motion. The issues on appeal are whether (1) under NRS 201.230, juveniles who commit lewd acts on children under the age of 14 can only be subject to delinquency proceedings; and (2) the court violated the separation of powers doctrine by ruling that B.J.W.A. could be certified as an adult.

Clark County Association of School Administrators and Professional-Technical Employees vs. Clark County School District

Docket No. 83481

Las Vegas – 10:30 a.m. – Full Court

This is an appeal from a district court’s order denying appellant Clark County Association of School Administrators and Professional-Technical Employees’ (CCASAPE) writ petition.  CCASAPE’s writ petition alleged that respondent Clark County School District (CCSD) violated NRS 388G.10 (which gives school principals the authority to select teachers for their schools), on a handful of occasions, by assigning teachers to a school without the school administration’s consent.  Issues on appeal include whether the district court abused its discretion in ruling that writ relief was unwarranted because CCASAPE has a plain, speedy and adequate remedy at law and whether the district court erred in interpreting NRS 388G.610.

Las Vegas Metropolitan Police Department vs. Holland

Docket No. 82843

Las Vegas – 11:30 a.m. – Full Court

Respondent was denied occupationally related heart disease benefits under NRS 617.457 because an appeals officer found that he failed to take action to correct his predisposing conditions as directed by the examining physician.  Respondent petitioned the district court for judicial review and the district court reversed the matter, finding that there was no evidence that he was informed how to correct his predisposing conditions or that correction was within his ability.  The Court of Appeals affirmed the district court’s decision, and we granted appellant’s petition for review.  ISSUES: (1) which party bears the burden of proof under NRS 617.457(11); and (2) what are the requirements under NRS 617.457(11).