Wednesday, March 16, 2022
Harris vs. State
Docket Number: 81430
Carson City - 11:30 am - Silver/Cadish/Pickering
This appeal, part of the pro bono program, arises from two district court orders dismissing a civil-rights complaint, one for the failure to state a claim for relief under 42 U.S.C. § 1983 against one respondent pursuant to NRCP 12(b)(5) and one for the failure to timely serve the remaining respondents pursuant to NRCP 4(e)(2).
ISSUES:
On appeal, appellant argues that the district court erred in: (1) concluding that appellant failed to allege sufficient facts to state a claim for relief under 42 U.S.C. § 1983 and to overcome the defense of qualified immunity; (2) refusing to grant appellant leave to amend in light of additional facts raised in his opposition papers; (3) failing to grant appellant additional time, pursuant to NRCP 4.2(d)(6), to complete the dual-service requirement of NRCP 4.2(d)(2); and (4) denying appellant an extension of time to serve pursuant to NRCP 4(e)(4).
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
Aguirre, Jr. vs. Elko Cty. Sheriff’s Office
Docket Number: 82445
Carson City - 1:30 pm - Silver/Cadish/Pickering
This is an appeal from a district court judgment in a forfeiture action.
ISSUES:
The issues on appeal are whether: (1) a valid homestead protects a residence from forfeiture; (2) appellant substantially complied with NRS 115.020, which sets forth requirements to claim homestead protections; and (3) forfeiture of appellant’s residence constitutes an excessive fine in violation of 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
Cornwell vs. Schultz
Docket Number: 82106
Carson City - 2:00 pm - Silver/Cadish/Pickering
This appeal is an appeal from a district court order, pursuant to a one-day bench trial, granting quiet title in a foreclosure action.
ISSUES:
On appeal, appellant argues: (1) the district court impermissibly relied on inadmissible hearsay evidence to find a promissory note, secured by a deed of trust, in default; (2) the district court impermissibly shifted the burden to him to prove superior title; and (3) principles of equity entitle him to the protections available to homeowners in foreclosure proceedings, despite that the property in question constitutes real property.
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