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   State Courts - Nevada - December 28, 2006

  
State ex rel. State Bd. of Equalization v. Bakst, No. 46752, SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: Methodologies used by the county appraiser were invalid because their inconsistent application violated the uniform and equal rate of assessment required by Nev. Const. art. 10. Therefore, the taxpayer's property 2003-2004 valuations, which were based on those methodologies, were unjust and inequitable and taxpayers were entitled to a refund.

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Summers v. State, No. 45683, SUPREME COURT OF NEVADA, December 28, 2006, Decided
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Overview: There was no violation of the Sixth Amendment when testimonial hearsay regarding defendant's juvenile and adult criminal history was admitted into evidence in a capital penalty hearing since the decision in Crawford did not apply to such hearings, and the evidence was allowed under Nev. Rev. Stat. § 175.552(3).

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Thomas v. State, No. 46509, SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: Although defendant's childhood and upbringing were not the best, he expressed remorse, and he had made some effort to counsel others against taking his path, he robbed his former employer at gunpoint and sought out the potential witnesses (victims) and stabbed them to death. Thus, his death sentences for the first-degree murders were not excessive.

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Washoe Med. Ctr. v. Second Judicial Dist. Court , No. 45763, SUPREME COURT OF NEVADA, December 28, 2006, Filed
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Overview: As patient failed to meet Nev. Rev. Stat. § 41A.071's expert affidavit requirement in her medical malpractice action, complaint was void ab initio and had to be dismissed, without prejudice, and no amendment under Nev. R. Civ. P. 15(a) to cure a Nev. Rev. Stat. § 41A.071 defect was allowed; thus court erred by denying hospital's motion to dismiss.

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