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| Austin v. State, No. 42999,
SUPREME COURT OF NEVADA, February 15, 2007, Filed
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Overview: Nev. Rev. Stat. §§ 176A.110(1), 176.139 made it clear that for a defendant convicted of felony statutory sexual seduction, the psychosexual evaluation and certification needed for probation could be prepared by a clinical social worker who was trained in conducting such evaluations.
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| Contrevo v. Mercury Finance Co. (In re Contrevo), No. 46287,
SUPREME COURT OF NEVADA, March 8, 2007, Filed
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Overview: Abstract judgment lien under Nev. Rev. Stat. § 17.150 could not attach to homestead property that was fully exempt, both at time judgment was recorded and when the property was sold; such a lien was void and ineffective as to exempt equity in such property. Under Nev. Const. art. 4, § 30, homestead property was placed outside reach of creditors.
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| Labor Comm'r of Nev. v. Littlefield , No. 46326,
SUPREME COURT OF NEVADA, March 8, 2007, Filed
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Overview: Nevada Labor Commissioner must comply with the notice and hearing requirements of the Nevada Administrative Procedure Act, Nev. Rev. Stat. ch. 233B, before adding, deleting or substantially modifying worker classifications in the annual prevailing wages list under Nev. Rev. Stat. § 338.030, because it constituted rulemaking activity.
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| Nev. Yellow Cab Corp. v. Eighth Judicial Dist. Court of Nev., No. 46579,
SUPREME COURT OF NEVADA, March 8, 2007, Filed
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Overview: The disqualification of counsel for the insured in its action against the insurer for bad faith and the denial of the insured's writ of mandamus were both appropriate because an attorney-client relationship existed between the insurer and the associate who had previously defended the insured, who was now employed by the attorney's new firm.
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| O'Neill v. State, No. 45880,
SUPREME COURT OF NEVADA, March 8, 2007, Filed
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Overview: Nev. Rev. Stat. § 207.010 did not violate Apprendi because a court could consider facts such as defendant's criminal history and mitigation evidence in determining whether to dismiss the count, and accordingly, such facts did not increase the punishment beyond the already established statutory maximum and therefore need not be found by a jury.
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| State v. A. L. (In re A.L.), No. 46308,
SUPREME COURT OF NEVADA, March 8, 2007, Filed
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Overview: Juvenile court did not abuse its discretion in denying the State's petition to certify respondent as an adult on a series of drug offenses, because certification was properly conducted under the discretionary standard, respondent was amenable to treatment, and a psychological evaluation recommended that the juvenile court retain jurisdiction.
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| Hightower v. State, No. 47267,
SUPREME COURT OF NEVADA, April 5, 2007, Decided
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Overview: While the district court erred by compelling a defense witness to appear at trial while clad in jail attire, the error was harmless beyond a reasonable doubt. To guarantee a fair trial under Nev. Const. art. 1, § 8, the Supreme Court of Nevada held that incarcerated witnesses should not be compelled to appear at trial in prison clothing.
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| Byford v. State, No. 47252,
SUPREME COURT OF NEVADA, April 12, 2007, Decided
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Overview: In denying inmate's postconviction petition for writ of habeas corpus, the district court, on remand, acted improperly when it did not place the case back on its calendar for a hearing, the parties never appeared before the district court, and the district court signed and filed a proposed order submitted by the State without notifying inmate.
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| Richardson Constr., Inc. v. Clark County Sch. Dist., No. 45895,
SUPREME COURT OF NEVADA, April 12, 2007, Decided
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Overview: Construction company sued school district for alleged violation of bidder-prequalification and award-of-contract statutes. Trial court properly granted school district's motion to dismiss because Nev. Rev. Stat. § 338.1381 did not create a private cause of action; statute was exclusive remedy, which allowed for hearing or judicial review.
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