CITY OF LAS VEGAS v. WALSH

No. 41317.

124 P.3d 203 (2005)

CITY OF LAS VEGAS, Appellant, v. The Honorable Jessie WALSH, Judge of the Las Vegas Municipal Court, and Mike Wayne Gehner, Respondents.

Supreme Court of Nevada.

December 15, 2005.


Attorney(s) appearing for the Case

Bradford R. Jerbic, City Attorney, and Edward G. Poleski, Deputy City Attorney, Las Vegas, for Appellant.

Martin D. Hastings, Las Vegas, for Respondent Gehner.

Before the Court En Banc.


OPINION

BECKER, C.J.

This case involves the scope of NRS 50.315(4), which permits the admission of a nurse's affidavit to prove certain facts relating to the withdrawal of blood for testing purposes. It also implicates the construction of that statute in light of the United States Supreme Court's recent holding in Crawford v. Washington.1

On June 11, 2004, a panel of this court issued an opinion in this...

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