Hard Cases

JOSEPH MARGULIES

Cornell law professor Joseph Margulies uses the killing of Rayshard Brooks in Atlanta by police to explain some lessons for reform we might learn. Margulies calls upon us to use this case to reexamine the circumstances that should result in a custodial arrest and to shrink the function of police so as to use them only in the very few situations that truly require them.

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Honea v. State

Citation: 136 Nev. Adv. Op. No. 32

Opinion Date: June 18, 2020

Judge: Stiglich

Areas of Law: Criminal Law

The Supreme Court reversed Defendant's conviction for sexual assault of a minor under sixteen years of age, holding that the district court erred in instructing the jury, and the jury instruction errors were not harmless beyond a reasonable doubt. On appeal, Defendant argued that that the district court erred by instructing the jury that the age of consent to sexual penetration is sixteen years old and that consent is not a defense to the crime of sexual assault of a minor under the age of sixteen. The Supreme Court reversed, holding (1) the victim's age, by itself, was not dispositive of any element of sexual assault, and therefore, the district court's instructions as to the victim's age were incorrect statements of law; and (2) the district court erred by rejecting Defendant's proposed inverse jury instruction; and (3) the district court's jury instruction errors were not harmless.

Droge v. AAAA Two Star Towing, Inc.

Citation: 136 Nev. Adv. Op. No. 33

Opinion Date: June 18, 2020

Judge: Bulla

Areas of Law: Personal Injury

In this case stemming from the self-help repossession of a vehicle, the Supreme Court considered what constitutes a breach of the peace such that the privilege to enter real property without judicial process and retake collateral no longer applies to those engaged in the repossession effort, holding that breach of the peace occurs when a secured party acts at a time or in a manner that is not reasonable during a self-help repossession. Plaintiffs sued those involved in the repossession, and the district court granted summary judgment on all claims. The Supreme Court affirmed in part and reversed in part, holding (1) In evaluating breach of the peace in the self-help repossession context, Nevada courts should follow the Second Restatement's reasonableness standard, and therefore, self-help repossessions must be conducted at a reasonable time and in a reasonable manner and that a breach of the peace occurs when a secured party fails to satisfy either or both of these obligations; (2) the district court erred when it concluded that the factual circumstances did not constitute a breach of the peace and trespass as a matter of law; (3) summary judgment was correctly granted against the Plaintiffs on four of their tort claims; and (4) as to Plaintiffs' remaining claims, genuine issues of material fact remained.