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Justia Daily Opinion Summaries

Supreme Court of Nevada
March 27, 2020

Table of Contents

Guzman v. Second Judicial District Court

Criminal Law

State, Department of Employment, Training & Rehabilitation v. Sierra National Corp.

Government & Administrative Law

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Supreme Court of Nevada Opinions

Guzman v. Second Judicial District Court

Citation: 136 Nev. Adv. Op. No. 12

Opinion Date: March 26, 2020

Judge: Cadish

Areas of Law: Criminal Law

The Supreme Court granted in part Petitioner's writ petition requesting that the Supreme Court order the district court to grant his motion to dismiss four counts for which he was indicted based on the grand jury's lack of authority to inquire into those criminal offenses, holding that Nev. Rev. Stat. 172.105 empowers a grand jury to inquire into an offense so long as the district court that empaneled the grand jury may appropriately adjudicate the defendant's guilt for that offense. A Washoe County grand jury indicted Petitioner on ten counts, four of which concerned offenses committed in Douglas County. Defendant filed a motion to dismiss the Douglas County counts. The district court denied the motion, concluding that a grand jury's authority to return an indictment under section 172.105 extended statewide to all felony offenses. The Supreme Court vacated the district court's order so it may reconsider Petitioner's motion to dismiss, holding that the district court incorrectly interpreted section 172.105. In reconsidering Defendant's motion, the Supreme Court directed the district court to determine, based on the evidence presented to the Washoe County grand jury, if venue was proper in the Second Judicial District Court for the Douglas County charges under the applicable statutes.

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State, Department of Employment, Training & Rehabilitation v. Sierra National Corp.

Citation: 136 Nev. Adv. Op. No. 11

Opinion Date: March 26, 2020

Judge: Silver

Areas of Law: Government & Administrative Law

The Supreme Court affirmed the order of the district court granting the Love Ranch's petition for a writ of mandamus and compelling the Department of Employment, Training & Rehabilitation (DETR) to comply with the Love Ranch's public records request for various records related to audits of the Love Ranch and other legal brothels, holding that Nev. Rev. Stat. 612.265 did not categorically exempt the requested records from disclosure. After the DETR's Employment Security Division (ESD) audited the Love Ranch the Love Ranch made a formal records request asking that DETR produce all records related to the audit and past audits and decisions regarding the Love Ranch and other brothels. DETR denied the request. The Love Ranch then petitioned the district court for a writ of mandamus, which the district court granted. The Supreme Court affirmed, holding (1) section 612.265 protects from disclosure a person's or employing unit's identity but otherwise does not prohibit disclosure of the ESD's records; and (2) because the request in this case expressly excluded any records that would reveal a person's or employing unit's identity and the district court did not compel disclosure of any records beyond those requested, the district court properly granted the petition for a writ of mandamus.

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