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Nevada Supreme Court

Leans Pro Government
Total Judgeships: 

7 (0 vacancies)

Political Makeup: 

Non-Partisan

Location(s): 
Carson City
Caseload: 

2500

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LISTEN NOWThe Freedom Files Podcast Episode 46: Project Arizona Part 3Listen Here
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Can an Individual Rob His Own Home?

Thu, 07/10/2014

State of Nevada v. Troy Richard White: White was married to Lucas and had multiple children together. After having marriage issues, the couple decided to separate but to allow Lucas to still live in White’s home with the children. Lucas began dating Averman who moved into the house to live with Lucas. White entered the house after warning Averman to leave and shot Lucas and Averman, killing Lucas. Criminal charges were brought against Averman in relation to his burglary and armed entry into a home that he owned.

Decision

The Supreme Court of Nevada ruled that an individual cannot be convicted of armed burglary and breach of entry into a house that the individual owns. As a result, the charges against Averman concerning burglary of the home were dismissed.

Read the full decision here
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Parenting Rights Protected for the Unmarried

Thu, 06/26/2014

Druckman v. Ruscitti: Druckman and Ruscitti are an unmarried couple who had a child together. Without informing Druckman (father), Ruscitti (mother) moved to California with the child. The father filed a motion demanding the return of the child and an award of primary custody. The district court ruled against Druckman, giving primary custody to the mother on the grounds that she made the move through good will intentions and in the child’s best interest. The father appealed the decision.

Decision

The Supreme Court of Nevada affirmed the decision of the lower court by ruling in favor of the mother. The Court stated however, and clarified, that unmarried parents do have equal custody rights regarding their child and that unmarried parents should be granted the same legal considerations as married parents over the raising of their child. In affirming the lower court’s decision, the Court deemed that it was in the child’s best interest to be moved to California with the mother due to the economic advantages the mother has there concerning employment.

Read the full decision here
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Tracking You Down Through Your Cell Phone GPS

Thu, 04/03/2014

Meisler v. State: Meisler, who was wanted on an aggravated stalking charge, was found by police through their use of contacting his cell phone provider and finding his location through his cell phone’s GPS coordinates. He was convicted and filed an appeal that his 4th Amendment rights were violated by the police’s use of his cell phone and that the evidence they gained from it should be suppressed. The district court denied the motion for the dismissal of evidence on the grounds that the police were working under a valid arrest warrant.

Decision

The Supreme Court affirmed the decision of the lower courts, ruling that police were within their power to use the GPS coordinates of the cell phone in order to track down Meisler. As a result, the Court ruled that the information gained through the device and the police’s action of contacting the service provider did not violate the 4th Amendment.

Read the full decision here