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| Archanian v. State, No. 44798,
SUPREME COURT OF NEVADA, November 9, 2006, Decided
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Overview: In defendant's capital murder case, the evidence was sufficient to sustain a deadly weapon finding, Nev. Rev. Stat. § 193.165, because the hammer lying next to one victim's body, covered in her blood, coupled with evidence that she died from blunt force trauma to her head supported a finding that the hammer was readily capable of causing the death.
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| City of Las Vegas v. Eighth Judicial Dist. Court, No. 45222,
SUPREME COURT OF NEVADA, November 9, 2006, Decided
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Overview: District court properly concluded that a municipal court had jurisdiction to consider the constitutionality of Las Vegas, Nevada, Municipal Code 6.35.100(I), but improperly held that the ordinance was vague where it put dancers and patrons on notice that touching intended to sexually arouse or excite was prohibited. The ordinance was not overbroad.
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| Emplrs. Ins. Co. of Nevada v. Daniels, No. 44575,
SUPREME COURT OF NEVADA, November 9, 2006, Decided
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Overview: When conclusive presumption of Nev. Rev. Stat. § 617.457(1) applied to two employers for whom a firefighter worked at least five years, the last injurious exposure rule applied. Because firefighter suffered a heart attack and became disabled while working for the second employer, that employer was responsible for the firefighter's disability claim.
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| Pascua v. State, No. 44088,
SUPREME COURT OF NEVADA, November 9, 2006, Decided
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Overview: Defendant and two other people went to victim's apartment with intent to rob him; defendant and another person allegedly took victim from kitchen to bed. Conviction for kidnapping, pursuant to Nev. Rev. Stat. § 200.310(1), was proper because movement, seizure, or restraint of victim substantially exceeded what was required to complete murder.
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| Sheriff v. Witzenburg, No. 45462,
SUPREME COURT OF NEVADA, November 9, 2006, Decided
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Overview: In matter involving alleged property crimes, district court improperly granted defendant's petition for writ of habeas corpus because defendant's Sixth Amendment right to confront witnesses was not implicated in a preliminary examination, and State could introduce out-of-state witnesses' affidavits, as permitted by Nev. Rev. Stat. § 171.197.
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| St. Paul Fire & Marine Ins. Co. v. Emplrs Ins. Co., No. 42621, No. 43518,
SUPREME COURT OF NEVADA, November 9, 2006, Decided
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Overview: Although Nev. Rev. Stat. § 616C.215(3) granted workers' compensation insurers an independent right to seek subrogation against UM/UIM coverage purchased by an employer, the district court erred in holding that the UM/UIM carrier could not restrict that right through the use of limitations and exclusions.
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| Valdez v. Emplrs Ins. Co. of Nevada, No. 44507,
SUPREME COURT OF NEVADA, November 9, 2006, Decided
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Overview: Order denying judicial review of a decision directing a change in a worker's physician was affirmed where Nev. Rev. Stat. § 616C.090(3) applied retroactively to require a worker injured before 1993 to choose a treating physician who was a member of a managed-care organization that had contracted with the Employers Insurance Company of Nevada.
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| Bejarano v. State, No. 44297,
SUPREME COURT OF NEVADA, November 16, 2006, Decided
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Overview: McConnell v. State, holding that it was impermissible under federal and state constitutions to base aggravating circumstance in capital prosecution on the felony upon which a felony murder was predicated, applied retroactively. Although two aggravating factors were struck, four remaining valid aggravating factors supported inmate's death sentence.
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| Rippo v. State, No. 44094,
SUPREME COURT OF NEVADA, November 16, 2006, Decided
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Overview: Writ of habeas corpus was denied because in petitioner's felony murder sentencing, with underlying offenses of robbery, kidnapping, and burglary, use of these offenses as aggravators was invalid, but jurors could have also found that mitigating circumstances did not outweigh aggravating circumstances, as required by Nev. Rev. Stat. § 200.030(4)(a).
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