August 11, 2026, Oral Arguments
Las Vegas – 10:00 a.m. – Panel A
Las Vegas – 11:15 a.m. – Panel A
Miller (Joshua) Vs. State, Dep’t of Pub. Safety (Criminal) C/W 90960
Docket No. 90958
Las Vegas – 10:00 a.m. – Panel A
The Department of Public Safety (DPS) classified appellants Joshua Miller and Walter Lyons as Tier III sex offenders after reviewing extrajudicial sources including police reports to determine their victims’ ages under NRS 179D.117(7) and 42 U.S.C. § 16911. They sought a writ of mandamus compelling DPS to classify them as Tier I offenders, arguing that NRS 179D.117 did not entitle it to look beyond their judgments of conviction and admissions made during the plea canvass. The district court denied the consolidated petitions for a writ of mandamus, holding that DPS could consider reliable extrajudicial documentation when the judgment of conviction is silent as to the victim’s age. Miller and Lyons appeal.
McDaniel v. The State of Nevada
Docket No. 89151
Las Vegas – 11:15 a.m. – Full Court
This is an appeal from a district court order revoking appellant’s probation, issued after the Division of Probation & Parole filed its third violation report in appellant’s case. Appellant argues that the district court erred by (1) holding that NRS 176A.510’s graduated sanctions scheme did not apply even though he was sentenced after the statute’s effective date; (2) alternatively finding him ineligible for graduated sanctions under NRS 176A.510 based on prior non-technical violations; (3) finding that he had committed a new non-technical violation based upon unauthenticated and unverified text messages; and (4) miscalculating how much time served to credit him.