Oral Argument Calendar: Sept. 1

Ybarra (Robert) v. State of Nevada,

Docket No. 52167

Carson City - 10:00 a.m. - Full court

Robert Ybarra was convicted of first-degree murder, battery with the intent to commit a sexual assault, and sexual assault in White Pine County.  This court affirmed the judgment of conviction and death sentence.  Thereafter, Ybarra unsuccessfully sought post-conviction relief four times.  In this, his fourth post-conviction petition, Ybarra claimed that he was mentally retarded and therefore not subject to the death penalty under Atkins v. Virginia.  Initially, the district court denied the petition as procedurally barred, but on appeal this court determined that the district court erred by dismissing the claim and remanded the matter for appropriate proceedings.  On remand, the district court considered additional pleadings, conducted an evidentiary hearing, and rejected Ybarra's mental retardation claim on the merits.  This appeal followed.  ISSUES:  (1) Did the district court err by concluding that Ybarra was not mentally retarded (2) Did the denial of Ybarra's motion to recuse the district court judge violate his state and federal right to due process.

Hardy Companies, Inc. v. SNMARK, LLC,

Docket No. 52758

Carson City -10:30 a.m. - Full Court

This mechanic's lien dispute centers around the attempt by appellant W.E. O'Neil Construction Company of California and its subcontractor appellant Hardy Companies, Inc., to foreclose mechanics' liens on property owned by respondent SNMARK, LLC.  O'Neil had contracted with lessee Wickes Furniture to build out a large commercial space in a shopping center owned by SNMARK.  Neither O'Neil nor Hardy served pre-lien notices on SNMARK.  However, SNMARK knew about and was involved with the construction.  The district court in Clark County determined none of the lien claimants served SNMARK with a pre-lien notice, as required by NRS 108.245.  The district court granted SNMARK's motion to expunge the mechanics' liens and granted summary judgment.  This appeal followed.  ISSUES:  (1) Was O'Neil excused from serving pre-lien notice because it was the prime contractor and contracted directly with the owner? (2) Did SNMARK's actual notice negate the need to serve the property owner with a pre-lien notice? (3) Has the actual knowledge exception from Fondren v. K/L Complex, Ltd., 106 Nev. 705, 800 P.2d 719 (1990) been overruled by subsequent legislative amendments? (4) Is SNMARK estopped from invoking the pre-lien statute because it is not a disinterested owner? 

Lawrence v. Clark,

Docket No. 54165

Carson City -11:30 a.m. - Full Court

This matter involves land that was held and administered by the Colorado River Commission (CRC), an executive agency of the State of Nevada.  Pursuant to the Fort Mohave Valley Development Law (FMVDL), the CRC administered thousands of acres in the Fort Mohave Valley, which is part of the Colorado River basin in Clark County, Nevada.  In 2007, the Legislature substantially revived the FMVDL. The revision was primarily concerned with transferring public lands from the CRC to Clark County. The revised FMVDL ordered the CRC and the Nevada State Land Registrar to convey all the land once administered by the CRC to Clark County. The CRC executed a deed to Clark County for all of the land--the Registrar did not. It deeded most of the land but refused to deed over a small portion of land that lies just adjacent to the Colorado River (the Disputed Land).  Respondent Clark County filed a complaint for declaratory relief seeking to have the district court order appellant James R. Lawrence, in his official capacity as the Nevada State Land Registrar, to convey the Disputed Land. The Registrar filed a counterclaim, requesting a declaration that the Disputed Land was subject to the public trust doctrine and therefore inalienable. The district court granted the County's motion for judgment on the pleadings, and the Registrar appealed. ISSUE: Did the district court err when it granted the County's motion for judgment of the pleadings?