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  • Commentaries
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Nevada Case Commentaries

Nevada Adopts Indiana v. Edwards: Trial Courts May Deny Self-Representation When Mental Illness Impairs a Defendant’s Ability to Conduct Trial Proceedings

Nevada Adopts Indiana v. Edwards: Trial Courts May Deny Self-Representation When Mental Illness Impairs a Defendant’s Ability to Conduct Trial Proceedings

Date: Feb 7, 2026
Nevada Adopts Indiana v. Edwards: Trial Courts May Deny Self-Representation When Mental Illness Impairs a Defendant’s Ability to Conduct Trial Proceedings Case: Duckket (Isaiha) v. State, 142 Nev.,...
Initial-Complaint Affidavit Suffices Under NRS 41A.071 Absent Substantive Amendment; Specificity Required Per Provider; Leave to Amend Federal Claims Required Without Futility Findings

Initial-Complaint Affidavit Suffices Under NRS 41A.071 Absent Substantive Amendment; Specificity Required Per Provider; Leave to Amend Federal Claims Required Without Futility Findings

Date: Feb 2, 2026
Initial-Complaint Affidavit Suffices Under NRS 41A.071 Absent Substantive Amendment; Specificity Required Per Provider; Leave to Amend Federal Claims Required Without Futility Findings Case: ESTATE...
Nevada Supervisory Reassignment: “Exceedingly Rare” Remedy to Protect the Presumption of Innocence Absent Statutory Judicial Bias

Nevada Supervisory Reassignment: “Exceedingly Rare” Remedy to Protect the Presumption of Innocence Absent Statutory Judicial Bias

Date: Feb 1, 2026
Nevada Supervisory Reassignment: “Exceedingly Rare” Remedy to Protect the Presumption of Innocence Absent Statutory Judicial Bias Introduction Case: WILLIAMS (THOMAS) v. DIST. CT. (STATE) (CRIMINAL),...
Excess Insurer May Equitably Subrogate Against Primary Insurer for Failure to Settle Within Primary Limits Even if Settlement Is Within Combined Limits

Excess Insurer May Equitably Subrogate Against Primary Insurer for Failure to Settle Within Primary Limits Even if Settlement Is Within Combined Limits

Date: Feb 1, 2026
Excess Insurer May Equitably Subrogate Against Primary Insurer for Failure to Settle Within Primary Limits Even if Settlement Is Within Combined Limits 1. Introduction In NORTH RIVER INS. CO. v....
Nevada Adopts a Balancing Test for Pseudonymous Civil Litigation

Nevada Adopts a Balancing Test for Pseudonymous Civil Litigation

Date: Feb 1, 2026
Nevada Adopts a Balancing Test for Pseudonymous Civil Litigation Introduction In BURNS (GREGORY) v. DIST. CT. (DOE) (CIVIL), 142 Nev., Advance Opinion 8 (Jan. 29, 2026), the Nevada Supreme Court (en...
Passenger Presence Is Not “Possession” Under NRS 205.273 Absent Proof of Dominion or Control (In re A.W.)

Passenger Presence Is Not “Possession” Under NRS 205.273 Absent Proof of Dominion or Control (In re A.W.)

Date: Jan 31, 2026
Passenger Presence Is Not “Possession” Under NRS 205.273 Absent Proof of Dominion or Control Case: IN RE: A.W. (JUVENILE), No. 88932 Court: Supreme Court of Nevada Date: January 26, 2026 Disposition:...
Prior Restraints and Courtroom Exclusion Are Unconstitutional When a Victim’s Identity Is Already Public and the Press Is Punished for Refusing a Gag

Prior Restraints and Courtroom Exclusion Are Unconstitutional When a Victim’s Identity Is Already Public and the Press Is Punished for Refusing a Gag

Date: Jan 31, 2026
Prior Restraints and Courtroom Exclusion Are Unconstitutional When a Victim’s Identity Is Already Public and the Press Is Punished for Refusing a Gag 1. Introduction In LAS VEGAS REVIEW-JOURNAL, INC...
CHU (ERIC) v. WARDEN (CRIMINAL): Rib-Fracture “Pattern of Abuse” Evidence Treated as Continuing Child Abuse (Not NRS 48.045(2) Other-Act Evidence) and No Per-Se Duty to Counter the State with a Defense Medical Expert

CHU (ERIC) v. WARDEN (CRIMINAL): Rib-Fracture “Pattern of Abuse” Evidence Treated as Continuing Child Abuse (Not NRS 48.045(2) Other-Act Evidence) and No Per-Se Duty to Counter the State with a Defense Medical Expert

Date: Jan 16, 2026
CHU (ERIC) v. WARDEN (CRIMINAL): Rib-Fracture “Pattern of Abuse” Evidence Treated as Continuing Child Abuse (Not NRS 48.045(2) Other-Act Evidence) and No Per-Se Duty to Counter the State with a...
Miranda Waiver Requires Interpreter When Police Should Recognize Limited English Proficiency (Ajay v. State)

Miranda Waiver Requires Interpreter When Police Should Recognize Limited English Proficiency (Ajay v. State)

Date: Jan 16, 2026
Miranda Waiver Requires Interpreter When Police Should Recognize Limited English Proficiency Commentary on AJAY (AJAY) v. STATE (CRIMINAL), 142 Nev., Advance Opinion 4 (Nev. Jan. 15, 2026) 1....
Custody Credit Does Not Reduce Incompetency-Based Civil Commitment: NRS 176.055 Applies Only to Post-Conviction Sentences and NRS 178.463 Only After Conditional Release

Custody Credit Does Not Reduce Incompetency-Based Civil Commitment: NRS 176.055 Applies Only to Post-Conviction Sentences and NRS 178.463 Only After Conditional Release

Date: Jan 16, 2026
Custody Credit Does Not Reduce Incompetency-Based Civil Commitment: NRS 176.055 Applies Only to Post-Conviction Sentences and NRS 178.463 Only After Conditional Release Case: ROGERS v. STATE OF...
Reed v. State: Affirmance of Removal of a Disruptive Pro Se Defendant During Closing Argument After Collins Safeguards, with Reinforced Limits on Collateral “Trial-Within-a-Trial” Defenses and Sanborn/Speedy-Trial Prejudice Requirements

Reed v. State: Affirmance of Removal of a Disruptive Pro Se Defendant During Closing Argument After Collins Safeguards, with Reinforced Limits on Collateral “Trial-Within-a-Trial” Defenses and Sanborn/Speedy-Trial Prejudice Requirements

Date: Jan 16, 2026
Reed v. State: Affirmance of Removal of a Disruptive Pro Se Defendant During Closing Argument After Collins Safeguards, with Reinforced Limits on Collateral “Trial-Within-a-Trial” Defenses and...
Mandate Rule on Remand: Successor Judge May Revisit Prior Findings Inconsistent with Appellate Contract Interpretation and Award Actual Remediation Costs

Mandate Rule on Remand: Successor Judge May Revisit Prior Findings Inconsistent with Appellate Contract Interpretation and Award Actual Remediation Costs

Date: Jan 14, 2026
Mandate Rule on Remand: Successor Judge May Revisit Prior Findings Inconsistent with Appellate Contract Interpretation and Award Actual Remediation Costs 1. Introduction Contin’l Fire Sprinkler Co....
Pre-Sale Payments to the Foreclosing HOA Alone Satisfy Superpriority and Convert a Multi-HOA Foreclosure to Subpriority (Deed of Trust Survives)

Pre-Sale Payments to the Foreclosing HOA Alone Satisfy Superpriority and Convert a Multi-HOA Foreclosure to Subpriority (Deed of Trust Survives)

Date: Jan 10, 2026
Pre-Sale Payments to the Foreclosing HOA Alone Satisfy Superpriority and Convert a Multi-HOA Foreclosure to Subpriority (Deed of Trust Survives) 1. Introduction DEUTSCHE BANK NAT'L TR. CO. v....
Nevada Trust Writs: Adequate Statutory Remedies Bar Prohibition Relief; Document-by-Document Showing Required to Unseal/End Pseudonyms

Nevada Trust Writs: Adequate Statutory Remedies Bar Prohibition Relief; Document-by-Document Showing Required to Unseal/End Pseudonyms

Date: Jan 10, 2026
Nevada Trust Writs: Adequate Statutory Remedies Bar Prohibition Relief; Document-by-Document Showing Required to Unseal/End Pseudonyms 1. Introduction Case: IN RE: DOE IRREVOCABLE TRUST (CIVIL), No....
Final Dismissals of NRS 432B Child-Protection Petitions Are Appealable Final Judgments Under NRAP 3A(b)(1)

Final Dismissals of NRS 432B Child-Protection Petitions Are Appealable Final Judgments Under NRAP 3A(b)(1)

Date: Jan 9, 2026
Final Dismissals of NRS 432B Child-Protection Petitions Are Appealable Final Judgments Under NRAP 3A(b)(1) 1. Introduction In IN RE: N.D., G.D. AND M.D. (FAMILY), 142 Nev., Advance Opinion 2 (Jan. 8,...
Implied “DUI Clearance” Show-of-Authority Is a Fourth Amendment Seizure, Yet a Corroborated 911 Tip Can Sustain Reasonable Suspicion; Trespass Instructions Cannot Rewrite NRS 207.200

Implied “DUI Clearance” Show-of-Authority Is a Fourth Amendment Seizure, Yet a Corroborated 911 Tip Can Sustain Reasonable Suspicion; Trespass Instructions Cannot Rewrite NRS 207.200

Date: Jan 2, 2026
Implied “DUI Clearance” Show-of-Authority Is a Fourth Amendment Seizure, Yet a Corroborated 911 Tip Can Sustain Reasonable Suspicion; Trespass Instructions Cannot Rewrite NRS 207.200 1. Introduction...
Inconclusive DNA as “Complete Story” Evidence and Limits on Expert-Witness Application to Facts in Child Lewdness Trials

Inconclusive DNA as “Complete Story” Evidence and Limits on Expert-Witness Application to Facts in Child Lewdness Trials

Date: Jan 2, 2026
Inconclusive DNA as “Complete Story” Evidence and Limits on Expert-Witness Application to Facts in Child Lewdness Trials 1. Introduction In VAZQUEZ-HINOJOSA (LEONEL) v. STATE (CRIMINAL) (Nev. Dec....
“May Be Held Liable Under Any Workers’ Compensation Law” Excludes Coverage for Work-Related Employee Injuries Regardless of Actual Workers’ Compensation Recovery

“May Be Held Liable Under Any Workers’ Compensation Law” Excludes Coverage for Work-Related Employee Injuries Regardless of Actual Workers’ Compensation Recovery

Date: Jan 2, 2026
“May Be Held Liable Under Any Workers’ Compensation Law” Excludes Coverage for Work-Related Employee Injuries Regardless of Actual Workers’ Compensation Recovery 1. Introduction Jimale v. State,...
Nevada Supreme Court Rejects the Automatic Companion Rule: Individualized Reasonable Suspicion Required to Detain or Search a Suspect’s Companion

Nevada Supreme Court Rejects the Automatic Companion Rule: Individualized Reasonable Suspicion Required to Detain or Search a Suspect’s Companion

Date: Dec 24, 2025
Nevada Supreme Court Rejects the Automatic Companion Rule: Individualized Reasonable Suspicion Required to Detain or Search a Suspect’s Companion I. Introduction In State v. Dubuc, 141 Nev., Adv. Op....
Provisional Sealing, Not Secret Trusts: New York Times Co. v. Dist. Ct. (Doe 1 Trust) and the Preservation of Nevada’s Presumption of Open Courts

Provisional Sealing, Not Secret Trusts: New York Times Co. v. Dist. Ct. (Doe 1 Trust) and the Preservation of Nevada’s Presumption of Open Courts

Date: Dec 24, 2025
Provisional Sealing, Not Secret Trusts: New York Times Co. v. Dist. Ct. (Doe 1 Trust) and the Preservation of Nevada’s Presumption of Open Courts I. Introduction The Nevada Supreme Court’s en banc...
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