ruling challenge (Nevada) · Go Syfert
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ruling challenge in Nevada

8 Nevada opinions name it 1 courts 1963–2020 0 in the last five years

The cases below were cited by Nevada courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Domingues v. Stategreen
nev · 1996 · cited in 2 Nevada opinions naming this issue, 2020–2020
2 sentences

2020NRS 47.120(1) (When any part of a writing or recorded staternent is introduced by a party, the party may be required at that time to introduce any other part of it which is relevant to the part introduced, and any party may introduce any other relevant parts."); see Domingues v. State. 112 Nev. 683, 693-94, 917 P.2d 1364, 1372 (1996).

2020NRS 47.120(1) (When any part of a writing or recorded staternent is introduced by a party, the party may be required at that time to introduce any other part of it which is relevant to the part introduced, and any party may introduce any other relevant parts."); see Domingues v. State. 112 Nev. 683, 693-94, 917 P.2d 1364, 1372 (1996).

22
Thom v. Bristol-Myers Squibb Co.green
ca10 · 2003 · cited in 1 Nevada opinions naming this issue, 2011–2011
1 sentence

2011See Edwards v. Emperor’s Garden Rest., 122 Nev. 317 , 330 n.38, 130 P.3d 1280 , 1288 n.38 (2006) (noting that it is a party’s responsibility to “present relevant authority” in support of any arguments raised on appeal). 7 “The learned intermediary doctrine derives from § 402A of the Restatement (Second) of Torts.” Thom v. Bristol-Myers Squibb Co., 353 F.3d 848, 851 (10th Cir. 2003).

11
Edwards v. Emperor's Garden Restaurantgreen
nev · 2006 · cited in 1 Nevada opinions naming this issue, 2011–2011
2 sentences

2011See Edwards v. Emperor’s Garden Rest., 122 Nev. 317 , 330 n.38, 130 P.3d 1280 , 1288 n.38 (2006) (noting that it is a party’s responsibility to “present relevant authority” in support of any arguments raised on appeal). 7 “The learned intermediary doctrine derives from § 402A of the Restatement (Second) of Torts.” Thom v. Bristol-Myers Squibb Co., 353 F.3d 848, 851 (10th Cir. 2003).

2011See Edwards v. Emperor’s Garden Rest., 122 Nev. 317 , 330 n.38, 130 P.3d 1280 , 1288 n.38 (2006) (noting that it is a party’s responsibility to “present relevant authority” in support of any arguments raised on appeal). 7 “The learned intermediary doctrine derives from § 402A of the Restatement (Second) of Torts.” Thom v. Bristol-Myers Squibb Co., 353 F.3d 848, 851 (10th Cir. 2003).

11
Benjamin Franklin Freeman v. Joseph Class, Warden, South Dakota State Penitentiary Mark W. Barnett, Attorney General for the State of South Dakotagreen
ca8 · 1996 · cited in 1 Nevada opinions naming this issue, 2005–2005
1 sentence

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

11
People v. Overbygreen
calctapp · 2004 · cited in 1 Nevada opinions naming this issue, 2005–2005
2 sentences

2005People v. Overby, 22 Cal. Rptr. 3d 233, 236 (Ct. App. 2004). 35 Standard 15-2.7(a) of the ABA Standards for Criminal Justice: Discovery and Trial by Jury provides: All challenges . . . should be addressed to the court outside of the presence of the jury, in a manner so that the jury panel is not aware of the nature of the challenge, the party making the challenge, or the basis of the court’s ruling on the challenge.

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

11
Tavares v. Stategreen
nev · 2001 · cited in 1 Nevada opinions naming this issue, 2005–2005
2 sentences

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

11
Clark v. Stategreen
nev · 1979 · cited in 1 Nevada opinions naming this issue, 1994–1994
2 sentences

1994Williams now argues that this ruling was in error because, under Clark v. State, 95 Nev. 24, 27 , 588 P.2d 1027, 1029 (1979), the question of sanity is one for the trier of fact and the testimony which Dr. Howie was prepared to provide, though not conclusive, was relevant to the issue of Williams’ sanity.

1994Williams now argues that this ruling was in error because, under Clark v. State, 95 Nev. 24, 27 , 588 P.2d 1027, 1029 (1979), the question of sanity is one for the trier of fact and the testimony which Dr. Howie was prepared to provide, though not conclusive, was relevant to the issue of Williams’ sanity.

11
Sloan v. Stearnsgreen
calctapp · 1955 · cited in 1 Nevada opinions naming this issue, 1982–1982
1 sentence

1982Co., 152 F.Supp. 158 (S.D.Cal. 1957); Sloan v. Stearns, 290 P.2d 382, 392 (Cal.App. 1955). *449 Therefore, while the district court may have reasoned incorrectly, the ruling was not in error and shall not be reversed.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Hall v. State green
nev · 1975
2 sentences

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

12005–2005
Marshall v. State green
nev · 1971
1 sentence

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

12005–2005
Champion v. State green
nev · 1971
1 sentence

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

12005–2005
Meek v. State green
nev · 1996
2 sentences

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

2005As the commentary to this standard suggests, such a procedure avoids any potential risk that counsel’s remarks may offend the challenged juror. 36 Foster v. State, Docket No. 32872 (Order Dismissing Appeal, January 26, 2000). 37 Id. 38 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 39 The tendered instruction read as follows: “If you the jury decide that it was reasonable, from the point of view of Mr. Foster, to conclude that [the victim] had manifested consent, you must find him not guilty.” 40 Hall v. State, 91 Nev. 314 , 535 P.2d 797 (1975). 41 NRS 48.035(3) provides: Evidence of anothe

12005–2005
Larcher v. Wanless green
cal · 1976
1 sentence

1984All parties appear to agree that the trial court’s ruling was error if this court construes NRS 41A.097 in accordance with the reasoning of the California Supreme Court in Larcher v. Wanless, 557 P.2d 507 (Cal. 1976).

11984–1984
Parrish v. Atchison, Topeka & Santa Fe Railway Co. green
casd · 1957
1 sentence

1982Co., 152 F.Supp. 158 (S.D.Cal. 1957); Sloan v. Stearns, 290 P.2d 382, 392 (Cal.App. 1955). *449 Therefore, while the district court may have reasoned incorrectly, the ruling was not in error and shall not be reversed.

11982–1982
Ormachea v. Ormachea green
nev · 1950
2 sentences

1982See NRCP 61; Ormachea v. Ormachea, 67 Nev. 273, 295 , 217 P.2d 355 (1950).

1982See NRCP 61; Ormachea v. Ormachea, 67 Nev. 273, 295 , 217 P.2d 355 (1950).

11982–1982
Henry v. Baber red
nev · 1959
1 sentence

1963Had plaintiff won his case in the trial court, and had the defendant perfected an appeal assigning the court’s ruling as error, we would have to decide whether or not the questions and answers quoted come within the rule *202 announced in Henry v. Baber, 75 Nev. 59 , 384 P.2d 839 . 2 However, here the plaintiff lost his case and appealed.

11963–1963

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 48.035 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 261 (1891–2026) CA 206 (1867–2026) GA 203 (1900–2026) LA 124 (1925–2024) NY 105 (1862–2022) IL 90 (1893–2026) AL 87 (1880–2025) FL 63 (1893–2023) PA 56 (1842–2024) IA 56 (1879–2026) MA 50 (1894–2026) MO 49 (1891–2024) OR 35 (1914–2026) UT 31 (1989–2026) IN 30 (1876–2026) OH 30 (1928–2025) NM 29 (1927–2024) CT 28 (1963–2021) TN 27 (1899–2025) MD 26 (1883–2025) MI 26 (1880–2025) CO 26 (1918–2025) NC 25 (1889–2024) NJ 24 (1935–2021) WA 24 (1905–2025) AZ 24 (1935–2023) VA 21 (1901–2024) DC 21 (1947–2022) KS 20 (1897–2026) AR 16 (1989–2025) MS 14 (1985–2017) SC 14 (1916–2025) ME 14 (1959–2019) WI 14 (1900–2017) AK 13 (1978–2018) KY 12 (1960–2020) OK 12 (1916–2021) WV 11 (1956–2022) ID 9 (1885–2019) WY 8 (1931–2015) NV 8 (1963–2020) VT 8 (1905–2000) SD 8 (1909–2025) MT 8 (1978–2022) NH 7 (1970–2020) MN 6 (1906–2009) NE 5 (1948–2024) RI 4 (2000–2016) HI 4 (1928–2014) DE 2 (1966–1966)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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