Brady Bathke

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Case Summary

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Case Synopsis

In a case of first impression, the Nevada Supreme Court considered whether NRS 175.101 precludes a judge other than the trial judge from deciding post-trial motions when there is no evidence that the trial judge is absent, deceased, sick, or disabled. Appellant Alfred Harvey requested that the trial judge in his case, Senior Judge James Bixler, preside over a post-trial motion. However, Judge Douglas Smith heard the post-trial motions and denied them. There was no evidence that Judge Bixler was prevented from hearing the post-trial motions because of being absent, deceased, sick, or disabled. The Court reversed Judge Smith’s order denying Harvey’s post-trial motions and remanded for Judge Bixler, the trial judge, to hear and decide the motions.