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| A.J.G. v. State, No. 46438,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: State did not have to prove existence of adoptive parents to terminate mother's parental rights. Also, once State had established presumption that it was in children's best interest for her rights to be terminated, she had burden to offer evidence of children's desires regarding termination of her rights, Nev. Rev. Stat. §§ 128.109(2), 128.107(2).
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| Christensen v. Pack (In re Christensen), No. 46289,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: Nev. Rev. Stat. § 21.090(1)(g), in both its original and amended form, exempted the proceeds of any and all deposits of earnings in a debtor's bank account. Once exempt, the proceeds of exempt earnings retained the exemption even if commingled with nonexempt funds unless tracing was not possible or the proceeds took on the form of an investment.
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| Clark County Sch. Dist. v. Bundley, No. 46725,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: In an unemployment benefits case, a former employer failed to show that a former employee engaged in misconduct under Nev. Rev. Stat. § 612.385 with respect to non-notification of absences or with regard to policies or directives; however, the issue of disqualification based on excessive absenteeism was not adequately considered.
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| Hilton v. Gilbert, No. 46156,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: A trial court properly denied employer's petition for review of an appeals officer's decision that injured employee was entitled to continuing maintenance care, including prescription refills, where employee expressly contested closure of his claim within 70 days of a letter from the employer's insurer, as required by Nev. Rev. Stat. § 616C.315(3).
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| Johnson v. State, No. 45456,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: Defendant's death sentence was appropriate because the Confrontation Clause of the Sixth Amendment was inapplicable to the selection phase of a bifurcated capital penalty hearing and because the prosecutor's remarks, although improper, did not deprive defendant of a fair hearing.
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| Linthicum v. Rudi, No. 46040,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: A trial court properly dismissed a brother and sister-in-law's complaint against a nephew alleging that an amended trust naming the nephew as a successor trustee was the product of incapacity and/or undue influence where the brother and sister-in-law lacked standing to challenge the settlor's revocable inter vivos trust during her lifetime.
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| Lioce v. Cohen, No. 44458, No. 44823, No. 45331, No. 45405,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: Attorney committed misconduct by arguing that personal injury cases wasted taxpayers' money and jurors' time and stating that because of the sheer frivolity of the cases, it was his personal crusade to defend his clients and that those type of cases directly contributed to the decline of the public's perception of the legal profession.
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| Phillip A.C. v. Central Council (In re Phillip A.C.), No. 45119,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: 25 U.S.C.S. § 1914 of ICWA provided a tribe with independent standing to challenge a voluntary adoption proceeding, which included a termination of parental rights. But, adoptive father was improperly denied opportunity to rebut tribal enrollment officer's statements that child was Native American subject to ICWA, which would be provided on remand.
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| Santana v. State, No. 44852,
SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: Defendant's 19 convictions for felony coercion, in violation of Nev. Rev. Stat. § 207.190(1), were overturned and a new trial was ordered where the trial court erred in not instructing the jury to apply the reasonable person test. It was not clear beyond a reasonable doubt that the jury would have found defendant guilty absent the error.
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| Skender v. Brunsonbuilt Constr. & Dev. Co., LLC, No. 44959,
SUPREME COURT OF NEVADA, December 28, 2006, Decided
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Overview: Comparative negligence jury instruction was insufficient because it did not distinguish between constructional defect claims that might have been subject to comparative negligence and those that might not, and general jury verdict form was defective because it failed to limit comparative negligence assessment of homeowner to the negligence claim.
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