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| Casteel v. State, No. 42436,
SUPREME COURT OF NEVADA, March 30, 2006, Decided
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Overview: Appellate reversed eight of twelve counts of use of a minor under the age of 14 in the production of pornography pursuant to Nev. Rev. Stat. § 200.710 as the State failed to prove that defendant took the pictures during separate sexual performances.
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| City of Henderson v. Kilgore, No. 42348,
SUPREME COURT OF NEVADA, March 30, 2006, Decided
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Overview: A district court's order enforcing a board's preliminary injunction requiring a city to reinstate a police officer was reversed because the injunction was granted without oral argument or an evidentiary hearing. Nev. Rev. Stat. § 288.110(2) limited the board's power to grant orders only after a hearing if the complaint was well taken.
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| Clark County Educ. Ass'n v. Clark County Sch. Dist., No. 43306,
SUPREME COURT OF NEVADA, March 30, 2006, Decided
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Overview: Arbitrator's findings in favor of school district in not renewing teacher's employment contract were not arbitrary, capricious, or unsupported by arbitration agreement; they were supported by substantial evidence. Arbitrator did not disregard Nev. Rev. Stat. § 391.313 as district provided assistance to teacher to correct deficient performance.
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| Edwards v. Emperor's Garden Rest., No. 44135, No. 44483,
SUPREME COURT OF NEVADA, March 30, 2006, Decided
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Overview: Consumer's claim of monetary and injunctive relief for Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227, violations invoked district court's jurisdiction, which properly denied injunctive relief, but other claims were remanded. Two-year limitation of Nev. Rev. Stat. § 11.190 applied to private TCPA claims, and conversion was not shown.
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| McCrary v. Bianco, No. 40782,
SUPREME COURT OF NEVADA, March 30, 2006, Decided
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Overview: District court properly refused to award pre-offer attorney fees and costs as part of determinations under Nev. R. Civ. P. 68 and Nev. Rev. Stat. § 17.115 in awarding fees to repairman; however, it erred in not including pre-offer prejudgment interest in the comparison between the offer and the judgment entered at trial in favor of the homeowners.
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| Medina v. State, No. 43469,
SUPREME COURT OF NEVADA, March 30, 2006, Decided
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Overview: When witness went to check on victim, victim answered the door in her bra and blood soaked panties. Victim then told witness that she had been raped. Victim made statement while still under the stress of excitement caused by rape. Thus, witness's testimony was admissible under excited utterance exception to hearsay rule, Nev. Rev. Stat. § 51.095.
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| Nolan v. State, No. 43131,
SUPREME COURT OF NEVADA, April 20, 2006, Decided
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Overview: In a sexual assault case, although a court erred by admitting the victim's unreliable hypnotically refreshed testimony, Nev. Rev. Stat. 48:039, the error was harmless; witnesses saw defendant and the victim talking, she was found injured outside defendant's apartment, and defendant admitted to having sexual intercourse with the victim.
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