Criminal Law
Harmful Error 
Discusses the Nevada Supreme Court & criminal law in Nevada.
Post Frequency: 2.2/day Last Entry: October 08, 2008 at 12:52:02 Recent Entries: 604
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In the news
Posted on October 08, 2008Justices weigh value of a rule that limits evidence. NYTimes 10/8/08 In blow to Bush, judge orders 17 Guantanamo detainees freed. NYTimes 10/8/08 Alleging fraud, authorities raid voter group. LVRJ 10/8/08 Photo: here comes the judge. LVRJ 10/8/08 Clark County report: Child suicides, accidental deaths rise...
District court judge debate videos available
Posted on October 08, 2008Fact to Face with Jon Ralston has posted videos of district court judge candidate debates: Deborah Schumacher and Kris Pickering Linda Bell v. Robert Spretnak Michael Villani v. Bruce Gale Doug Smith and Josh Kunis Elissa Cadish and Ben Childs
Oral argument mp3's available
Posted on October 08, 2008The Nevada Supreme Court has made available oral argument recordings for arguments heard on October 6: Sheriff v. Bucham Landreth v. Malik In re: William M. and Marques B.
Oral Argument Calendar: Wed. Oct. 15
Posted on October 08, 2008The Nevada Supreme Court has posted its oral argument calendar for Wednesday October 15th, 2008: 10:00 AM -- D'NAL2 VS. HARBORS, LLC (48519) 10:30 AM -- OUANBENGBOUNE (VANNASONE) VS. STATE (44763) The defendant was convicted of first-degree murder and robbery in a trial before Judge Glass...
Nevada Elections: Dist. Ct. Dept. 17
Posted on October 08, 2008Bruce Gale website - not found current position - attorney in private practice Contribution and Expense Report Michael Villani website - www.judgevillani.com current position - district court judge Contribution and Expense Report
Nevada Elections: Dist. Ct. Dept. 14
Posted on October 07, 2008Chris Davis website - www.chrisdavis4judge.com current position - deputy city attorney Contribution and Expense Report youtube video: Donald Mosley website - www.judgemosley.com current position - district court judge Contribution and Expense Report myspace video: Don Mosley commercial
In the news
Posted on October 06, 2008Supreme Court candidates have different career tracks. RGJ 10/6/08 Officials defend handling of gun crimes. LVRJ 10/6/08 Violence, yes, but soon it won't all be 'domestic.' LVSun 10/6/08 Palace station robbery: audiotapes convicted O.J. LVRJ 10/6/08 Simpson in isolation, focuses on future...
This Week
Posted on October 05, 2008Monday, October 6 - US Supreme Court begins its 2008/09 term. The Court will hear arguments in Altria Group v. Good (federal preemption of state trort claims against tobacco manufacturers), Locke v. Karass (unions, non-mmber agency fees for litigation expenses) and Vaden v...
Nevada Elections: Dist. Ct. Dept. 12
Posted on October 05, 2008Kurt Harris website - www.702judge.com current position - attorney in private practice Contribution and Expense Report Michelle Leavitt website - www.leavittforjudge.com current position - District court judge Contribution and Expense Report LVRJ 2008 Judicial Performance Evaluation
Weekend news
Posted on October 05, 2008No answers foreseen in probe of federal prosecutor's firings. LVRJ 10/4/08 Supreme Court orders judge to hold rehearing. LVRJ 10/4/08 Self-help center would aid amateur civil lawyers. LVSun 10/5/08 Prison biomass plant up and running after difficult start...
Nevada Supreme Court issues 4 opinions
Posted on October 03, 2008The Nevada Supreme Court issued four opinions yesterday. Knipes v. State - The Court holds that hearings to determine the admissibility of juror questions must be conducted on the record. The failure to do so, however, is nonconstitutional trial error and is subject to harmless error review under NRS 178...
Judicial Ethics Opinion Issued
Posted on October 03, 2008The Nevada Standing Committee on Judicial Ethics and Practices has issued a new opinion, No. JE08-13. The issue presented: May a Nevada judge preside in a case involving substantive challenges to the validity of a proposed statute changing or an existing statute prescribing the rate for the tax on gross gaming revenue given the judge is related to persons who are not parties to the litigation but who are involved in certain transactions with or hold certain property interests associated with the operations of a licensed non-restricted gaming licensee? The short answer: Yes; unless the judge knows that the affected family member has more than de minimis interest that could be substantially affected by the proceeding...
In the news
Posted on October 03, 2008Nevada's jobless rate will increase. LVRJ 10/3/08 Simpson jury hears sides wrap up case . LVRJ 10/3/08 Judge Berates Prosecutors in Trial of Senator. NYTimes 10/3/08 Deliberations to Begin for Simpson 13 Years After a Murder Acquittal. NYTimes 10/3/08 Appeals Court Overturns 2 Terrorism Convictions...
Nevada Elections: Dist. Ct. Dept. 10
Posted on October 03, 2008Judge Walsh and Mr. Kephart will appear on Jon Ralston's Face to Face on October 13. William Kephart website - www.kephartforjudge.com current position - deputy district attorney Contribution and Expense Report Jessie Walsh website - www.judgejessiewalsh...
In the news
Posted on October 02, 2008Judicial Discipline Commission: sides submit arguments. LVRJ 10/2/08 Final witness in Simpson trial riles defense lawyers. LVRJ 10/2/08 Indicted CSN employee on paid leave. LVRJ 10/2/08 Jurist's husband pleads not guilty. LVRJ 10/2/08 Motion for dismissal rejected...
Nevada Elections: Dist. Ct. Dept. 8
Posted on October 02, 2008Mr. Kunis and Judge Smith will appear on Ralston's Face to Face on October 6. Josh Kunis website - www.ElectJoshKunis2008.com current position - attorney in private practice blog talk radio interview Contribution and Expense Report Doug Smith website - www...
In the news
Posted on October 01, 2008Judge reconsiders retrial in killing. LVRJ 10/1/08 Smith: ex-cop linked to HOA probe clearly carried burden before apparent suicide. LVRJ 10/1/08 Retired Metro officer under investigation found dead. LVSun 9/30/08 HOA investigation: retired officer found dead...
Judicial Ethics Opinion issued
Posted on October 01, 2008The Nevada Standing Committee on Judicial Ethics and Election Practices has issued Opinion JE08-12. The issue presented is: "May a judge purchase space in a souvenir program for a charitable event to congratulate another judge who is being honored at the event by a charitable organization?" The answer is "yes...
US Supreme Court denies rehearing in Kennedy v. Louisiana
Posted on October 01, 2008Via Scotusblog, this morning the United States Supreme Court denied the petition for rehearing in Kennedy v. Louisiana (no death penalty for rape of a child). The Court modified the opinion. The modified version is available here. Justice Scalia issued a statement respecting the denial of rehearing...
US Supreme Court grants cert. in 10 cases
Posted on October 01, 2008Via Scotusblog, the United States Supreme Court granted certiorari in 10 cases this morning. Several concern criminal law issues: Kansas v. Ventris - Whether prosecutors may use a defendant's statement - made in the absence of a knowing and voluntary waiver of the right to counsel - to impeach a witness, as opposed to during its case-in-chief...
Face to Face schedule for judicial races
Posted on October 01, 2008Jon Ralson will interview judicial candidates on Face to Face: The program appears on Las Vegas 1 (COX Cable channel 19), the all-news cable channel that is a joint operation of Cox Communications, KLAS-Channel 8 and the Las Vegas Sun. The show appears weekdays at 5:30 p...
Nevada Elections: Dist. Ct. Dept. 7
Posted on October 01, 2008Ms. Bell and Mr. Spretnak appeared on Jon Ralston's Face to Face on Sept. 30. A link to the video will be provided as soon as it is available. Linda Bell website - www.lindabellforjudge.com current position - assistant federal public defender Contribution and Expense Report Robert Spretnak website - no campaign website located current position - attorney in private practice Contribution and Expense Report
Nevada Elections: Dist. Ct. Dept. 6
Posted on September 30, 2008Judge Cadish and Mr. Childs will appear on Face to Face With Jon Ralston on October 6. Elissa Cadish website - www.retainjudgecadish.com Current position - District Court Judge Judgepedia profile Appointment to district court announcement Contribution and Expense Report Benjamin Childs website - www...
In the news
Posted on September 30, 2008Man who fled court shocked with Taser. LVRJ 9/30/08 Judge throws out law requiring petitions signed in all counties. LVRJ 9/30/08 Prosecution rests in Simpson case. LVRJ 9/30/08 O.J. Simpson's defense may rest on 'the piece.' LATimes 9/30/08 15 arrested during Thunder on the Mountain...
Nevada Elections: Nevada Supreme Court Seat D
Posted on September 29, 2008Mark Gibbons website - could not locate current job - Nevada Supreme Court Chief Justice admitted to practice - 1975 Campaign and Expense Report 2008 Judicial Performance Evaluation Judgepedia profile Thomas Christensen website - could not locate current job - attorney in private practice admitted to practice - 1981 Campaign and Expense Report Judgepedia profile
State Bar Ethics Committee issues 2 opinions
Posted on September 29, 2008The State Bar of Nevada Standing Committee on Ethics and Professional Responsibility has made available two of its formal opinions. Formal Opinion No. 39 concerns lateral movement of a lawyer in private practice and addresses several issues. Formal Opinion No...
This Week
Posted on September 29, 2008Monday, September 29 - U.S. Supreme Court holds its opening conference for the term Tuesday, September 30 - U.S. Supreme Court is expected to release orders from its Monday conference Wednesday, October 1 - Comments due re: proposed NRAP changes Wednesday, October 1 - 12:00 - NACJ Board Meeting, Federal Public Defender's Office Thursday, October 2 - Nevada Supreme Court opinion release day Thursday, October 2 1:30 - State Bar CLE: Seven Keys to Ethical Communication (Las Vegas) Friday, October 3 1:30 - State Bar CLE: Seven Keys to Ethical Communication (Reno)
In the news
Posted on September 29, 2008Supreme Court proposes expanded use of specialty courts. Nevada Appeal 9/29/08 Smith: Retired LV police captain's name echoes within HOA investigation. LVRJ 9/28/08 Budget cuts hit prison college classes. LVRJ 9/28/08 Inmate education lates victim of budget cuts...
Proposed NRAP changes, a little at a time: NRAP 44, 45, 46, 47
Posted on September 28, 2008This is the sixteenth and last in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments...
Nevada Elections: Nevada Supreme Court Seat B
Posted on September 27, 2008The general election is August 12. Harmful Error will be presenting information judicial races the next few weeks. We begin with Nevada Supreme Court Seat B. The Reno Gazette Journal provides a comparison of the two candidates. Mary "Kris" Pickering website - www...
In the news
Posted on September 26, 2008CSN official faces felony charges. LVSun 9/26/08 Judge denies cocaine use claims. LVRJ 9/26/08 State government: savings methods devised. LVRJ 9/26/08 Witness: Riccio set Simpson up. LVRJ 9/26/08 Prosecutors plan to rest today in O.J. Simpson case...
Justice Alito opting out of the cert. pool
Posted on September 26, 2008Via Sentencing Law and Policy, Adam Liptak of the New York Times reports that Justice Samuel Alito is joining Justice Stevens in declining to participate in the US Supreme Court's "cert. pool." For almost 20 years, eight of the nine justices on the Supreme Court have assigned their law clerks to a shared legal pool that considers whether certiorari should be granted in incoming cases.
Guidelines for Appointing Defense Counsel
Posted on September 26, 2008Via pdstuff, the Brennan Center for Justice at New York University School of Law has published a 46 page report: Eligible for Justice: Guidelines for Appointing Defense Counsel. The report makes some sound recommendations concerning appointment of counsel for indigent defendants and for determining indigency.
Public Interest Law Mixer
Posted on September 26, 2008The law school's Public Law Interest Association will hold a mixer tonight at the Ice House, 650 South Main Street at 5:00. Attorneys are invited to meet with students.
Nevada Supreme Court issues 4 opinions in civil cases
Posted on September 25, 2008We the People Nevada v. Secretary of State - "we conclude that NRS 295.056(3) impermissibly restricts the powers reserved to the people under Article 19 by establishing a submission deadline earlier than what is otherwise permitted by Article 19, Sections 2(4) and 3(2) of Nevada's Constitution and thereby directly inhibiting the initiative process...
In the news
Posted on September 25, 2008Washoe judge says district attorney raises old case to help his opponent. RGJ 9/24/08 Grand jury indicts Halverson's spouse. LVRJ 9/25/08 FBI investigates corruption case. LVRJ 9/25/08 Witness says Simpson called for guns. LVRJ 9/25/08 Capital construction plan gets OK, goes to governor...
A small gripe about the Court's unpublished orders
Posted on September 25, 2008I'm thrilled that the Court is now posting unpublished orders on its website. But . . . it's not very user friendly. First, it would make far more sense to place the links to the unpublished decisions under "decisions" rather than "court information" and then "documents...
In the news
Posted on September 24, 2008Why wiretapping a reporter's calls endangers trust. LVSun 9/24/08 Gibbons seeks return to high court. Elko Daily 9/23/08 Halverson appears before grand jury. LVRJ 9/24/08 Jane 'Cordova' Doe trial starts. LVRJ 9/24/08 Porn mogul: check to casino was good...
In the news
Posted on September 23, 2008Prison director offers justifications for closure of old state prison. Nevada Appeal 9/23/08 Corrections chief says two camps targeted to close. LVRJ 9/23/08 Death penalty: Maestas jury says she erred. LVRJ 9/23/08 Nevada panel reviews rules for preserving DNA evidence...
Oral Argument Calendar: October 6
Posted on September 23, 2008Monday October 6th, 2008 10:00 AM -- IN RE: WILLIAM M., A MINOR C/W 48650 (48649) 10:00 AM -- IN RE: MARQUES B., A MINOR C/W 48649 (48650) 10:30 AM -- LANDRETH VS. MALIK (49732) 11:30 AM -- SHERIFF VS. BURCHAM (50026)
In the news
Posted on September 22, 2008Judge no stranger to high-profile cases, TV cameras. LVRJ 9/22/08 Audio recordings highlight first week of O.J. Simpson trial. LVSun 9/22/08 Nevada high court makes available 'unpublished' rulings. RGJ 9/21/08 California prison guards' resolve is tested by Schwarzenegger...
This Week
Posted on September 22, 2008Monday, September 22 - Advisory Commission on the Administration of Justice. You can listen or watch via the internet. Thursday, September 25 - Nevada Supreme Court opinion release day
Pics of DA boondoggle hotel room available
Posted on September 22, 2008As noted here, the Clark County District Attorney's Office devoted substantial resources to creating a hotel room out of plywood in the basement of the Regional Justice Center. They did so in a relatively simple robbery case, even though such effort has not been seen in the most complex or significant cases...
Weekend news
Posted on September 21, 2008In Nevada, lots of firearm arrests lead to few trials. LVRJ 9/21/08 Alleged medical conspiracy: move puts feds' case in doubt. LVRJ 9/20/08 Gun case against Jerry Lewis dismissed. Las Vegas Now 9/19/08 Judge in initiative case challenges conflict claim...
Aaaarrrrgggghhhh! Batten down the hatches!
Posted on September 19, 2008Blow me down! DA Jolly David Roger needs to be wipped with cat o'nine tails or hung from the yardarm over his bilge-sucking decisions in the O.J. Simpson robbery trial. He's blowin' the County's booty on 14' x 23' replica hotel rooms in the courthouse dungeon and taking five weeks for a blimey trial, that in the case of the average bucko defendant would be given no more than a few days...
Avast! 'Tis the news
Posted on September 19, 2008'Tis International Talk Like A Pirate Day Mateys! New state public defender named. LVRJ 9/19/08 Halverson to leave hospital, testify. LVRJ 9/19/08 Lockdown hell. LVSun 9/19/08 Jeffs team: Texas evidence inadmissible. LVRJ 9/19/08 Campaign finance laws earn Nevada grade of F...
Nevada Supreme Court issues 2 opinions
Posted on September 18, 2008Mitchell v. State - The Court addresses five issues in this appeal from a judgment of conviction, entered pursuant to a bench trial, in which it affirms the judgment. Order for Compulsory Psychiatric Examination - "Mitchell argues that the district court violated his Fifth Amendment privilege against self-incrimination and his due process rights when it ordered him, over his motion, to undergo an independent psychiatric examination...
Nevada Supreme Court's unpublished orders now posted on its website
Posted on September 18, 2008The Nevada Supreme Court has announced that it will make available unpublished decisions on its website. The orders will be posted on Thursdays and will be available for 90 days. They are located under Court Information/Documents.
In the news
Posted on September 18, 20085th District candidates have more reason to run. Pahrump Valley Times. 9/18/08 Letters frame debate over fed. center. Pahrump Valley Times 9/18/08 Convictions reinstated in 'Mafia cops' case. LVRJ 9/18/08 Dayton justice seeks remodel of Bluestone Building...
Proposed NRAP changes, a little at a time: NRAP 40, 40A, 41, 42 and 43
Posted on September 17, 2008This is the fifteenth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 Proposed changes to NRAP 28, 28...
Advisory Commission on the Administration of Justice meets Monday
Posted on September 17, 2008The Advisory Commission on the Administration of Justice will hold a significant meeting on Monday, September 22 at 9 a.m. The Carson City meeting will be videoconferenced to Las Vegas at the Grant Sawyer Office Building. Bill draft requests will be the primary topic...
In the news
Posted on September 17, 2008Stop! Stop! Stop! Judge has hands full with courtroom chaos. LVRJ 9/17/08 Smith: Gamble pays off in dismissal of wife's charges in counterfeiting case. LVRJ 9/17/08 Another killer takes a shot at selling her stuff. LVSun 9/17/08 O.J. Simpson trial tunes in to audio recording of Las Vegas incident...
Proposed NRAP changes, a little at a time: NRAP 36, 37, 38 and 39
Posted on September 16, 2008This is the fourteenth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 Proposed changes to NRAP 28, 28...
In the news
Posted on September 16, 2008Las Vegas doctor facing charges loses job at jail. Nevada Appeal 9/16/08 Doctor loses job at jail. LVRJ 9/16/08 Testimony starts in Simpson trial. LVRJ 9/16/08 Simpson trial begins with different views of incident. LVSun 9/15/08 As Simpson robbery trial opens, motive is the focus...
Death Penalty CLE Opportunities
Posted on September 16, 2008From Capital Defense Weekly: Life Over Death By:Florida Public Defender Association Sep 10 - Sep 13, 2008 Naples, FL Making the Case for Life XI By:National Association of Criminal Defense Lawyers Sep 25 - Sep 27, 2008 Biloxi, MS Annual Capital Seminar By:Oregon Criminal Defense Lawyers Association Oct 17 - Oct 18, 2008 Welches, OR Federal Death Penalty Strategy Session October 31-November 1, 2008 Phoenix, Arizona Capital Representation Seminar By:Utah Association of Criminal Defense Lawyers Nov 01, 2008 Salt Lake City, UT Annual Death Penalty Seminar By:Ohio Association of Criminal Defense Lawyers Nov 19 - Nov 21, 2008 Worthington, OH
Proposed NRAP changes, a little at a time: NRAP 32, 33, 34 and 35
Posted on September 15, 2008This is the thirteenth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 Proposed changes to NRAP 28, 28...
This Week
Posted on September 15, 2008Thursday, September 18 Nevada Supreme Court opinion release day Friday, September 19 1:00 - Clark County Bar Association CLE. 5th Annual Ethical Issues: 10 More Things You Should Know.
In the news
Posted on September 15, 2008Hardesty, Detention Changes Under Way. LVSun 9/13/08 Being accused shaped attorney. LVRJ 9/15/08 Morrison: Know-it-all bankruptcy judge tough on attorneys, law firms. LVRJ 9/15/08 Big decision after rape might get easier. LVSun 9/14/08 One arrested at Palin rally (aka Don't Take Your Drugs to a Political Function With a Metal Detector)...
In the news
Posted on September 12, 2008Convicted husband gets retrial. LVRJ 9/12/08 Former GOP official's conviction overturned. SFChronicle 9/11/08 911 tapes released in Halverson beating. Las Vegas Now 9/11/08 (w/ audio recording) Supreme Court gives defense lawyers more leeway in mental health cases...
Nevada Supreme Court issues opinions
Posted on September 11, 2008Chartier v. State - judgment for two counts of first degree murder reversed and new trial ordered. The district court abused its discretion in failing to sever the trial of his co-defendant. Fergusen v. State - The 8th Judicial District may assign the determination of all initial competency matters to a particular district court judge; however, the determination of a defendant's ongoing competency thereafter and during trial must vest with the trial judge who has been assigned to hear the matter...
In the news
Posted on September 11, 2008Supreme Court upholds murder conviction of Vegas man. LVSun 9/11/08 Detention center doctor arrested on drug charge. LVRJ 9/11/08 15 more O.J. jurors chosen. LVRJ 9/11/08 Domestic violence: bail set for Halverson in assault. LVRJ 9/11/08 Permanent injunction: offender statute restricted...
Afternoon update
Posted on September 10, 2008Judge says man approached prospective Simpson jurors. LVRJ 9/10/08 Bail set for Edward Halverson. LVRJ 9/10/08 Judge stops state from applying nex offender law retroactively. LVRJ 9/10/08
Judicial Ethics opinion issued
Posted on September 10, 2008The Standing Committee on Judicial Ethics and Election Practices has issued Opinion: JE08-11. The issue presented is: May a judge present a segment in the training of reserve police officers on courtroom demeanor? The answer is "Yes, with significant qualifications...
In the news
Posted on September 10, 2008Defense: Agents acted like criminals. LVSun 9/10/08 Cost of Simpson trial to taxpayers: $3,000-$5,000 per day. LVRJ 9/10/08 Editorial: With a clean slate. LVRJ 9/10/08 O.J. jury selection creeps along. LVRJ 9/10/08 Student's kidnapping: incident shocks parents...
Unpublished orders by the Nevada Supreme Court
Posted on September 09, 2008The Las Vegas Sun reports that the Nevada Supreme Court has ordered District Court Judge Donald Mosley to appoint lawyers for two brothers, Gilbert and David Aguilar, and to conduct a new hearing on their post-conviction petitions for writs of habeas corpus...
U.S. Supreme Court: October calendar preview
Posted on September 09, 2008The United States Supreme Court will open its term on September 29 with a conference. Arguments resume on October 6. October appears to the Search and Seizure and Federal Habeas Corpus Month at the Supreme Court. Criminal cases to be heard during October include the following: Tuesday, October 7 - Herring v...
In the news
Posted on September 09, 2008Former Nevada employee receives probation for theft. LVRJ 9/9/08 Pair seized boy to test security. LVRJ 9/9/08 Judicial candidates to participate in voter forum. RGJ 9/8/08 Terror arrest haunts family. LVSun 9/9/08 Bomb-sniffing dog didn't care about food, really...
Weekend news
Posted on September 07, 2008Editorial: Overcrowded prisons. LVSun 9/7/08 Standards on public defenders upcoming. RGJ 9/6/08 Indigent defense, caseload limits are focus of hearing. LVRJ 9/6/08 Simpson prepares for robbery trial dogged by his past. LVRJ 9/7/08 Halverson in terrible pain at Sunrise Hospital...
This Week
Posted on September 07, 2008Wednesday September 10 - Nevada Supreme Court panel argument Thursday September 11- Nevada Supreme Court panel argument Thursday September 11 - Nevada Supreme Court opinion release day Thursday September 11 - Boyd School of Law presents a lecture by Daniel Schorr, NPR Senior News Analyst...
Judge Halverson's husband charged with attempted murder of Halverson
Posted on September 05, 2008Las Vegas Now reports the following: "Authorities say the husband of suspended Nevada state Judge Elizabeth Halverson has been jailed on attempted murder and domestic violence charges after an incident at their home in Las Vegas. Clark County jail records show 49-year-old Edward Halverson was being held Friday pending a court appearance on felony attempted murder, battery with a deadly weapon and battery with substantial bodily harm charges...
In the news
Posted on September 05, 2008Federal Securities Laws: Judicial candidate (Landess) accused. LVRJ 9/5/08 State Supreme Court rejects petitions on tax proposals. LVRJ 9/5/08 Raggio challenged rejected. LVRJ 9/5/08 O.J.'s co-defendant again loses bid to postpone trial. LVRJ 9/5/08 Appeals court denies relief for Vegas killers...
Nevada Supreme Court decides ballot initiative matter
Posted on September 04, 2008In LVCVA v. Secretary of State, the Nevada Supreme Court rejects challeges to decisions by the Secretary of State which precluded three initiviative petitions from appearing on the November ballot: "These are consolidated appeals and cross-appeals concerning three initiative petitions...
Oral Argument Recordings Available
Posted on September 04, 2008mp3 recordings are now available for this week's oral arguments: Nika v. State Sims and Heaukulani v. District Court Scarbo and Roebke v. District Court Redeker v. State State, DMV v. Terracin and Casey Boucher v. Shaw (NRAP 5) Rivero v. Rivero
Oral Argument Calendar: Sept. 10 - 12
Posted on September 04, 2008Wednesday, September 10, 2008 47632 HOUSE OF BRUSSELS CHOCOLATES VS. WHITTINGTON 10:00 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Gibbons/Maupin/Saitta ) 47122 DEALBA (IGNACIO) VS. STATE 10:30 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Cherry/Maupin/Saitta ) 49616 IN RE: PARENTAL RIGHTS AS TO CORONADO 11:30 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Cherry/Maupin/Saitta ) Thursday, September 11, 2008 49738 LEDEZMA (JOSE) VS...
In the news
Posted on September 04, 2008Conviction in 1996 LV slaying overturned. LVRJ 9/4/08 Morrison: Lawyer chastised for committing 'courtesy' puts legal community on notice. LVRJ 9/4/08 Sheriff supports leasing site for new headquarters. LVRJ 9/4/08 Roster of proposed laws grows...
Murder conviction reversed
Posted on September 03, 2008From the Las Vegas Review Journal: "Clark County District Judge Elizabeth Gonzalez has overturned the 2000 murder conviction of 39-year-old Geovanny Torres. Gonzalez said at a hearing today that failure to consider Torres' claims of prosecutorial misconduct in the case "would lead to a fundamental miscarriage of justice...
In the news
Posted on September 03, 2008Supreme Court: Judge's methods reviewed. LVRJ 9/3/08 Editorial: ballot questions. LVRJ 9/3/08 Simpson 'ready' for trial. LVRJ 9/3/08 [DA} Beckett plea: not guilty. LVRJ 9/3/08 Bill to raise sales tax to hire more cops proposed for 2009 session...
In the news
Posted on September 02, 2008City, county boxed in by law. LVRJ 9/2/08 Court had to clear up statute's language. LVRJ 9/2/08 Seeking Justice: Guilty until proven innocent. LVRJ 9/2/08 Judge removed from benefits program board. Nevada Appeal 9/1/08 Report: Gonzales mishandled classified data...
This Week
Posted on September 01, 2008Monday September 1 - Labor Day Holiday Tuesday September 2 - Nevada Supreme Court oral arguments (en banc) Wednesday September 3 - Nevada Supreme Court oral arguments (en banc) Wednesday September 3 - NACJ Board Meeting 12:00 p.m. Federal Public Defender's Office Thursday September 4 - Nevada Supreme Court opinion release day
Weekend news
Posted on September 01, 2008Man serving life sentence in slaying fights conviction. LVRJ 9/1/08 Services help determine whether probation suceeds. LVSun 8/31/08 Locking up criminals locks in rising costs. LVSun 8/31/08 (referencing the 2008-09 Policy and Program Report: Criminal Justice in Nevada) Two say treatment would have been better option than cell walls...
Proposed NRAP changes, a little at a time: NRAP 31
Posted on August 29, 2008This is the twelfth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 Proposed changes to NRAP 28, 28...
In the news
Posted on August 29, 2008Extra state troopers on hand for Burning Man. LVRJ 8/29/08 Trial date affirmed in Simpson case. LVRJ 8/29/08 Ban on typewriters in prison upheld. LVRJ 8/29/08 Nevada's prison typewriter ban upheld. Nevada Appeal 8/29/08 Police captain faces October court date...
Afternoon Update
Posted on August 28, 2008The Nevada Supreme Court (Justices Maupin and Parraguirre) has denied the petition for writ of mandamus or prohibition, which challenged a district court order denying a motion to sever, that was filed by O.J. Simpson co-defendant Clarence Stewart. The Court also denied his motion to stay the trial...
State Bar warns of scam
Posted on August 28, 200808/28 Attorneys Encouraged to Beware of Scam "An international scam apparently based in Asia is targeting Nevada attorneys and the money in their trust accounts. The scammers, posing as legitimate corporations, pretend to hire attorneys to collect supposed debts in the U...
In the news
Posted on August 28, 2008Ex-Washoe deputy who clashed with DA commits suicide. RGJ 8/27/08 Domestic abuse: Knight arrested in assault. LVRJ 8/28/08 Hip-hop mogul Knight posts bail after Vegas arrest. LVSun 8/28/08 'Thug' Presley, Elvis' cousin, pleads guilty in fatal melee...
Afternoon update
Posted on August 27, 2008Hip hop music man Marion 'Suge' Knight arrested in Las Vegas. LVRJ 8/27/08 Former Family Court Judge candidate and current Clark County Deputy District Attorney Brigid Duffy has been selected to serve as a Family Court Hearing Master. Court Administrator Chuck Short's going away party is today from 2 to 4 p...
Proposed NRAP changes, a little at a time: NRAP 29, 30
Posted on August 27, 2008This is the eleventh in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 Proposed changes to NRAP 28, 28...
In the news
Posted on August 27, 2008Smith: co-defendant in O.J. case is so unlucky black cats won't cross his path. LVRJ 8/27/08 Expanding Warm Springs Prison could save part of NSP. Nevada Appeal 8/28/08 Official calls for new facility in Las Vegas for mentally ill criminals. LVSun 8/26/08 Editorial: castle doctrine...
Judicial Ethics Opinions Issued
Posted on August 26, 2008The Nevada Commission on Judicial Discipline has issued three recent opinions: JE08-008 May a judge write a review of several books on methamphetamine addiction with the understanding that any payment will be donated directly to a community drug counseling center? Short answer: Yes...
In the news
Posted on August 26, 2008Judge dismisses defense motion in Jeffs case. LVRJ 8/26/08 Bill proposed to strengthen right to use deadly force against intruders . LVRJ 8/26/08 Co-defendant seeks Simpson trial delay. LVRJ 8/26/08 Police captain arrested: accused of attempting to steal ATV from shuttered mine site...
In the news
Posted on August 25, 2008Second Amendment: Gun control debate cools off. LVRJ 8/25/08 Gary Telgenhoff: Six Questions for: a Clark County Medical Examiner, Musician. LVSun 8/25/08 Bill draft request approved for Nevada indigent defense. RGJ 8/25/08 After Prosecutor's Firing, A Shift in Case...
Oral Argument Calendar: Sept. 2 and 3
Posted on August 25, 2008Tuesday, September 2, 2008 51151 SCARBO (CHRISTOPHER) VS. DISTRICT COURT C/W 51152 10:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) This is a Clark County Public Defender case. The issue presented is whether a district court judge who makes a competency determination must disclose reports that she relies upon in making that determination...
This Week
Posted on August 25, 2008Monday August 25 9:00 a.m. Advisory Commission on the Administration of Justice. Listen or watch here. Thursday August 28 - Nevada Supreme Court opinion release day
Weekend news
Posted on August 23, 2008Defense says media coverage hurts case. LVRJ 8/23/08 Teuton chosen as judge. LVRJ 8/23/08 Bodybuilder, wife get prison in slaying. LVRJ 8/23/08
Candidate Landess named in Securities & Exchange Commission complaint
Posted on August 22, 2008"On July 29, 2008, the United States Securities and Exchange Commission filed a civil injunctive action in United States District Court for the Southern District of Texas, Houston Division, alleging that six individuals, including a Houston, Texas attorney and a Las Vegas, Nevada attorney, violated various provisions of the federal securities laws in their unregistered, nonexempt distribution of more than 10...
In the news
Posted on August 22, 2008Undercover sting operation: Defenses loses bid for records. LVRJ 8/22/08 Simpson co-defendant again asks for trial postponement . LVRJ 8/22/08 Police display 3,000 pot plants found by police. LVRJ 8/22/08 Indictments issued in polygamist case. LVRJ 8/22/08 Valley murder trial for couple charged in Jane 'Cordova' Doe case postponed...
9th Circuit finds defendant in custody for Miranda while in his home
Posted on August 21, 2008It appears that the Nevada Supreme Court will not issue any published opinions today. The Ninth Circuit Court of Appeals, however, issued an interesting opinion which could impact Nevada cases. In United States v. Craighead, the Circuit reversed a district court finding that the defendant's Fifth Amendment rights were not violated when he was interrogated without Miranda warnings based upon a finding that the interrogation in the defendant's home was not custodial...
Proposed NRAP changes, a little at a time: NRAP 28, 28.1 and 28.2
Posted on August 21, 2008This is the tenth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 NRAP 28 Briefs...
In the news
Posted on August 21, 2008Court asked to put initiatives on ballot. LVRJ 8/21/08 District judge's son arrested in Utah. Elko Daily 8/20/08 Judge who won libel award will step down. NYTimes 8/21/08 New guidelines would give FBI broader powers. NYTimes 8/20/08 California: Sentence in train wreck...
Proposed NRAP changes, a little at a time: NRAP 26, 27
Posted on August 20, 2008This is the ninth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A NRAP 26 Computing and Extending Time (page 62 of the pdf)...
In the news
Posted on August 20, 2008Supreme Court to webcast hearing on ballot measures. LVRJ 8/20/08 Guide for schools on statutory rape eyed. LVRJ 8/20/08 Felons' sentences ignored guidelines. LVRJ 8/20/08 Editorial: Another drug raid gone bad. LVRJ 8/20/08 Study suggests Nevada prisons do pretty good job of preventing recidivism...
In the news
Posted on August 19, 2008I-Team: Former US Attorney Talks About Removal. Las Vegas Now 8/18/08 New Justice Department Push to Keep Bush Aides from Testifying. Huffington Post 8/19/08 (re: firing of US Attorneys, including Nevada's Dan Bogden). UNR Study, Race Does Not Effect Prison Sentencing...
Ballot arguments to be webcast
Posted on August 19, 2008The Nevada Supreme Court oral arguments on ballot questions will be streamed live on the Court's website. Arguments are on Wednesday, August 20 at 10:00 a.m.
Annual Review of US Sup. Ct. criminal cases available
Posted on August 18, 2008Via Scotusblog, the Criminal Justice Section of the American Bar Association has made available its 2008 Annual Review of the Supreme Court's Term, Criminal Cases.
In the news
Posted on August 18, 2008Setting: Tattoo parlor. Operation: drug, firearm sting. LVSun 8/16/08 Suspended LV judge costing extra time, money for others. Nevada Appeal 8/15/08 New sex offender laws challenged. RGJ 8/16/08 Prisons, services cut from budget. RGJ 8/15/08 Neff: "Isolated problem" at the polls should serve as lesson...
This week
Posted on August 18, 2008Monday August 18 9:00 a.m. Advisory Commission on the Administration of Justice. Agenda. Watch or listen. Wednesday August 20 10:00 a.m. Nevada Supreme Court oral argments Thursday August 21 Classes start at Boyd School of Law Thursday August 21 - Nevada Supreme Court opinion release day
Great news for PDs & others: loan forgiveness
Posted on August 17, 2008President Bush on Friday signed the Higher Education Opportunity Act (HR 4137). The law expands a student loan forgiveness program for students who become legal aid lawyers, state or local prosecutors and public defenders. Under the law, the attorney general is to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as: (1) state or local criminal prosecutors; or (2) state, local or federal public defenders in criminal cases...
Proposed NRAP changes, a little at a time: NRAP 23, 24, 25 and 25B
Posted on August 15, 2008This is the eighth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 NRAP 23 Custody of Prisoners in Habeas Corpus Proceedings (page 51 of the pdf) The proposed changes appear to be stylistic...
In the news
Posted on August 15, 2008Editorial: Searching for answers. LVSun 8/15/08 Prison, services cut from budget. RGJ 8/15/08 $52 million cuts OK'd in shortfall. LVRJ 8/15/08 Panel to hear Gibbons case in September. LVRJ 8/15/08 Some Halverson charges dismissed. LVRJ 8/15/08 Expiring benefits prompt retirement exodus...
In the news
Posted on August 14, 2008UNR study: Nevada courts harsh on blacks. LVRJ 8/14/08 Sentencing study finds disparities you'd expect. LV Sun 8/13/08 Via Sentencing Law and Policy, a slide show concerning the study results is available. Judiciary candidates do well in the North...
Primary Election Results
Posted on August 13, 2008The Secretary of State has finally updated its website with results from 100% of the precincts. The website lists erroneous percentages for the Supreme Court races, as it did all night yesterday. Generally, the Secretary of State's election return page is a huge disappointment...
Nevada Supreme Court to hear ballot question cases on August 20
Posted on August 13, 2008The Nevada Supreme Court has scheduled oral argument on four ballot question matters for Wednesday, August 20. 51564 CO. OF CLARK VS. SCHOOL FUNDING C/W 51509/51639/52045 (BALLOT QUESTION) 10:00 AM 60 min Carson City Courtroom - Second Floor En Banc (Full Court ) 51639 NEVADANS FOR NEVADA VS...
Standing Committee on Judicial Ethics and Election Practices Issues Opinion
Posted on August 13, 2008The Standing Committee on Judicial Ethics and Election Practices issued a decision yesterday, Published Decision 08-2, in which it concludes that Family Court Maria Maskall violated Committee Rule 4.5 by releasing opponent Brigid Duffy's unpublished response to the Committee to the public...
Primary Election 2008 News
Posted on August 13, 2008Primary Election Results. LVRJ 8/13/08 LV attorney leading in high court primary. LVRJ 8/13/08 Halverson ousted; Miley top vote-getter. LVRJ 8/13/08 Halverson loses bid to stay on bench. LVSun 8/13/08 Mosley wins among 3 seeking judge seat. LVSun 8/13/08 Two candidates advance to vie for embattled Judge Del Vecchio's seat...
Election Results
Posted on August 12, 2008Primary election results may be viewed through the Clark County Election Dept. and the Nevada Secretary of State. The polls close at 7 pm.
Proposed NRAP changes, a little at a time: NRAP 14, 21, 22
Posted on August 12, 2008This is the seventh in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 Proposed changes to NRAP 10, 11, 12 and 13 NRAP 14 Docketing Statement (page 46 of the pdf) Subsection (a) Application and Purpose of Docketing Statement Proposed changes to subsection (a) are primarily stylistic...
In the news
Posted on August 12, 2008What was on his stolen laptop gave DA cause for nightmares. LVSun 8/12/08 (re:David Roger & OJ Simpson case) Incumbents refuse debates. LVSun 8/11/08 (re: District Court Judge Donald Mosley and Family Court Judge Nicholas Del Vecchio) Editorial: replacing elected judges...
In the news
Posted on August 11, 2008New judge, trial and indictment. LVRJ 8/11/08 With temps on call, justices of peace free to take time off. LVSun 8/11/08 Tag, and you soon could lose your driver's license. LVSun 8/11/08 Nevada inmates complain about typewriter ban. RGJ 8/11/08 Local drug use: Meth down, heroin up...
This Week
Posted on August 10, 2008Monday August 11 1:00 Advisory Commission on the Administration of Justice's Subcommittee to Consider Issues Related to a Study of "Truth in Sentencing." You can listen or watch the session via the Legislature's website. Tuesday August 12 1:00 Board of State Prison Commissioners Meeting Thursday August 14 Nevada Supreme Court opinion relese day Thursday August 14 Halverson Judicial Discipline Hearing Friday August 15 Halverson Judicial Discipline Hearing
Weekend news
Posted on August 09, 2008Halverson's illness halts discipline hearing; forum rescheduled. LVRJ 8/9/08 Orphan pleads guilty to charges of embezzlement. RGJ 8/9/08 Man admits embezzling $2.2 million. LVRJ 8/9/08 Police: Deputy accused of viewing child porn on the internet...
Proposed NRAP changes, a little at a time: NRAP 10, 11, 12, 13
Posted on August 08, 2008This is the sixth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 Proposed changes to NRAP 9 NRAP 10 The Record...
In the news
Posted on August 08, 2008Las Vegas Now is providing live feed coverage of the Halverson Judicial Discipline Commission hearing. Here's to hoping that it's more reliable than CNN's feed. County ordered to give up files. LVRJ 8/8/08 Judicial Discipline: Halverson: Bailiff too attentive...
Instructions matter: Polk gets second degree verdict
Posted on August 07, 2008Background: For many, many years criminal defense attorneys in Nevada argued that standard jury instructions on first degree murder were unconstitutional, invalid and otherwise bad as they muddled the distinction between first and second degree murder and did not give adequate attention to the mens rea elements of premeditation, deliberation and willfulness...
Proposed NRAP changes, a little at a time: NRAP 9
Posted on August 07, 2008This is the fifth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 6. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 Proposed changes to NRAP 5, 7 and 8 NRAP 9 Transcript; Duty of Counsel; Duty of the Court Reporter or Recorder (page 38 of the pdf) The existing rule would be repealed entirely and replaced by the proposed rule...
Afternoon Update
Posted on August 07, 2008Huffington Post has published a new article on the firing of US Attorneys, including Nevada's Dan Bogden: U.S. Attorney Scandal Probe Enters White House Circle. It appears that the Nevada Supreme Court will not issue any opinions today. New pleadings and orders are available from the Nevada Supreme Court under High Profile Cases: Stewart v...
In the news
Posted on August 07, 2008Fishing with Ralston. LVSun 8/7/08 2009-11 Budget: Carson City prison may face closure. LVRJ 8/7/08 Prison closure possible by '09 Legislature. Nevada Appeal 8/7/08 Orthodox Jew: Judge: Detective's beard OK. LVRJ 8/7/08 High court hopefuls use their money...
Contributions and Expenses: Supreme Court Seat B
Posted on August 06, 2008Deborah Schumacher Total Contributions: $317,740 (including $150,000 in loan to self) Total Expenses: $132,006
Details about campaign reports
Posted on August 06, 2008Posted below are links to the Contribution and Expense reports for judicial candidates. The amounts listed to not include in-kind donations. Details about donors and expenses can be found on the pdf documents that are linked for each of the candidates...
Contributions and Expenses: District Court Dept. 17
Posted on August 06, 2008Bruce Gale Total Contributions: $1,900 Total Expenses: $150 Michael Villani Total Contributions: $102,309 Total Expenses: $65,800
Contributions and Expenses: District Court Dept. 12
Posted on August 06, 2008Kurt Harris Total Contributions: $9,150 Total Expenses: $9,039 Michelle Leavitt Total Contributions: $157,939 Total Expenses: $115,038
Contributions and Expenses: District Court Dept. 10
Posted on August 06, 2008Ian Christopherson Total Contributions: $0 Total Expenses: $0 William Kephart Total Contributions: $141,553 Total Expenses: $141,402 David Rivers Total Contributions: $211,674 Total Expenses: $201,550 Jessie Walsh - not yet posted
In the news
Posted on August 06, 2008Judicial Discipline Commission: Judge denies charges. LVRJ 8/6/08 Justice out-raises opponent in election. LVRJ 8/6/08 Nevada Supreme Court candidates make big loans to their campaigns. RGJ 8/6/08
Contributions and Expenses: District Court Dept. 23
Posted on August 05, 2008Jason Landess Total Contributions: $100,389 (including $78,000 loan to self) Total Expenses: $37,989
Contributions and Expenses: Distict Court Dept. 14
Posted on August 05, 2008Laurie Diefenbach Total Contributions: $1,249 Total Expenses: $3,311 Chris Davis Total Contributions: $36,512 (including approx. $20,000 in loans to self) Total Expenses: $23,456
Contributions and Expenses: District Court Dept. 6
Posted on August 05, 2008Elissa Cadish Total Contributions: $78,793 Total Expenses: $34,842
Contributions and Expense: Dist. Court Dept. 25
Posted on August 05, 2008Nicholas Perrino Total Contributions $12,450 (including $12,000 in loans to self) Total Expenses $10,998
Contributions and Expenses: District Court Dept. 8
Posted on August 05, 2008Josh Kunis Total Contributions: $64,362 (including $50,162 in loans to self) Total Expenses: $40,081 Doug Smith Total Contributions: $249,764 Total Expenses: $42,650
Contributions and Expenses: District Court Dept. 7
Posted on August 05, 2008Robert Spretnak Total Contributions: $1450 Total Expenses: $428
Contributions and Expenses: Supreme Court D
Posted on August 05, 2008Candidate Contribution and Expense Reports are due Tuesday, August 5. I'll update these posts as information is made available. Mark Gibbons Cash on hand: $58,099 Contributions: $316,850 Expenses: $181,814
Contributions and Expenses: District Court Dept. 12
Posted on August 05, 2008Michelle Leavitt Total Contributions: $157,939 Total Expenses: $115,038 Kurt Harris Total Contributions: $9,150 Total Expenses: $9,039
Proposed NRA changes, a little at a time: NRAP 5, 7 and 8
Posted on August 05, 2008This is the fourth in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 3. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C Proposed changes to NRAP 3D, 3E and 4 NRAP 5 Certication of Questions of Law (page 33 of the pdf) Most of the proposed changes are stylistic...
Halverson hearing continues
Posted on August 05, 2008CNN provides live coverage of the Judicial Discipline proceedings against Judge Halverson.
In the news
Posted on August 05, 2008Man agrees to testify against Simpson. LVRJ 8/5/08 Judicial Discipline Commission: Judge faces accuser. LVRJ 8/5/08 Former bailiff testifies in Halverson hearing. KVBC 8/5/08 (v/video) Plea agreement: Man found with ricin pleads guilty. LVRJ 8/5/08 Man pleads guilty in Las Vegas ricin case...
Halverson hearing update
Posted on August 04, 2008Via Wild Wild Law and Above the Law, CNN provide live coverage of the Halverson Judicial Discipline Hearing today. I tuned in this afternoon and caught a little: Deputy District Attorney Lisa Luzaich Rego testified and they fixed a light fixture (not joking)...
Proposed NRAP changes, a little at a time: NRAP 3D, 3E, 4
Posted on August 04, 2008This is the third in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 3. The Court welcomes written comments about the proposed amendments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3 Proposed changes to NRAP 3A, 3B and 3C NRAP 3D Judicial Discipline: Right to Appeal; How Taken; Rules Governing (page 20 of the pdf) There are a few stylistic changes...
This Week
Posted on August 04, 2008Monday August 4 9:00 a.m. Judicial Discipline Commission Hearing re: Judge Halverson Tuesday August 5 9:00 a.m. State Bar CLE on Advanced Evidence in Reno Tuesday August 5 - deadline for candidate reports on donations and expenses Wednesday August 6 12:00 pm NACJ Board Meeting Federal Public Defender's Office Thursday August 7 Nevada Supreme Court opinion release day Friday August 8 9:00 a...
In the news
Posted on August 04, 2008Co-defendant in OJ Simpson case enters plea. RGJ 8/4/08 Eight Washoe judges run for re-election unopposed. RGJ 8/2/08 Bogden firing may yet be explained. LVSun 8/3/08 Court tried to order staff raises. Nevada Appeal 8/4/08 Chairez hopes to change image of state's high court...
Halverson discipline hearing begins today
Posted on August 04, 2008The Nevada Judicial Discipline Commission will hear evidence on the complaint against Judge Elizabeth Halverson today at 9:00 a.m. The hearing will be held at the Las Vegas Convention Center and Visitors Authority in Room N250, 3150 Paradise Road. It is open to the public...
Proposed NRAP changes, a little at a time: NRAP 3A, 3B and 3C
Posted on August 01, 2008This is the second post in a series of posts looking at proposed changes to the Nevada Rules of Appellate Procedure. The Nevada Supreme Court will hear public comment on October 3 and welcomes written comments. Previous posts on this topic: Proposed changes to NRAP 1, 2 and 3...
District Court Dept. 14 candidate on KNPR at 9 am
Posted on August 01, 2008District Court Donald Mosley and his two opponents for District Court 14 will be featured on KNPR at 9:00 a.m. Listen live here. The four candidates for Supreme Court Seat B - Nancy Allf, Don Chairez, Kris Pickering and Deborah Schumacher - appeared on KNPR yesterday...
In the news
Posted on August 01, 2008Judge pursues subpoena in Simpson case. LVRJ 8/1/08 Suspect in strip club shooting held. LVRJ 8/1/08 Supreme Court orders new trial for Las Vegas man. LVRJ 8/1/08 State-federal election: Election fraud task force formed. LVRJ 8/1/08 Editorial: judicial recommendations...
Nevada Supreme Court issues opinions
Posted on July 31, 2008Hernandez v. State : "The State charged appellant Emmanuel Hernandez with first-degree murder with the use of a deadly weapon for shooting and killing Jose Gonzalez in front of the Palm Hills Apartments in Las Vegas. At the State's request, the district court admitted at trial the preliminary hearing testimony of a witness who did not arrive to testify as scheduled...
Proposed NRAP changes, a little at a time: NRAP 1, 2 and 3
Posted on July 31, 2008The Nevada Supreme Court will consider proposed amendments to its Rules of Appellate Procedure on October 3rd. The amendments are extensive, as evidenced by the 112 page proposal. We'll examine those changes, a little at a time, over the next few weeks...
In the news
Posted on July 31, 2008Strapped Salvation Army ends free drug addict treatment. LVSun 7/31/08 Feds may race Grim Reaper in gang case. LVSun 7/31/08 Judge in incident rates low. LVRJ 7/31/08 Addiction treatment cut back. LVRJ 7/31/08 Lawyers for detainee assert coercion...
In the news
Posted on July 30, 2008Karl Rove Held in Contempt by House Judiciary Committee. Huffington Post 7/30/08 Weller protests low rating in bar association survey. RGJ 7/30/08 Results of the Washoe County Bar Association Judicial Survey are available here. Smith: Sheriff credits the force: More officers on the street means less crime...
Nevada Primary Elections: Family Court Dept. R
Posted on July 30, 2008Brigid Duffy Website - ? Motto - ? Current Job - Deputy District Attorney Admitted to Practice in Nevada - 1999 Fernando Guzman Website - www.guzman4judge.com Motto - Because Family Matters Current Job - Attorney in private practice, judge pro tem Admitted to Practice in Nevada - 1974 Bill Henderson Website - ? Motto - ? Current Job - Attorney in private practice Admitted to Practice in Nevada - 1987 Chuck Hoskin Website - www...
Election 2008: The You Tube Videos
Posted on July 29, 2008Don Chairez Don Chairez II Kris Pickering - Reno Kris Pickering - Las Vegas Stefany Miley Mike Montero Diana Sullivan If you know of other videos (commercials) available online, please contact me at jonell [at] jonellthomas [dot] com.
Nevada Primary Elections: Family Court Dept. Q
Posted on July 29, 2008Allan Bray Website - ? Motto - ? Current Job - Attorney in private practice Admitted to Practice in Nevada - 1970 Bryce Duckworth Website - www.bryceduckworth.com Motto - Trusted Respected Dedicated Current Job - Attorney in private practice Admitted to Practice in Nevada - 1991 Thomas Kurtz Website - www...
Knife as deadly weapon: inconsistent rulings
Posted on July 29, 2008Last week, in an unpublished Order (Jonathon Hinton v. State, No. 48643, (7-24-2008)), the Nevada Supreme Court considered a challenge to a jury instruction telling the jury that a knife was a deadly weapon: "Hinton also contends that the district court usurped the jury's role by instructing the jury that a 'knife' is a deadly weapon as a matter of law...
Proposed changes to the Nevada Rules of Appellate Procedure
Posted on July 29, 2008The Nevada Supreme Court will hold a public hearing on Monday, October 6, 2008 at 3:00 p.m. on proposed amendments to the Nevada Rules of Appellate Procedure. The proposed amendments are available here (112 pages, yikes!) The Court invites written comments to the Court on the proposed changes...
In the news
Posted on July 29, 2008Parole backlog should be gone by October, spokesman says. Nevada Appeal 7/29/08 Editorial: DNA Evidence. LVRJ 7/29/08 Fickle court elevators get new steward. LVRJ 7/29/08 LV offers to forgive some parking fees. LVRJ 7/29/08 Official: Desai suffers stroke...
Nevada Primary Elections: Family Court Dept. O
Posted on July 28, 2008Ron Israel Website - www.israelforjudge.com Motto - "Experience Makes The Difference" Current Job - Attorney in Private Practice Admitted to Practice in Nevada - 1982 Frank Sullivan Website - ? Motto - ? Current Job - Hearing Master Admitted to Practice in Nevada - 1985 Rebecca Wallace Website - ? Motto - ? Current Job - Attorney in private practice Admitted to Practice in Nevada - 1992 The Review Journal summarizes the race and provides photos of the candidates...
In the news
Posted on July 28, 2008Judge tosses voting lawsuit. LVRJ 7/28/08 Ballot law puts incumbent's name first. LVRJ 7/28/08 Behind bars and times. LVRJ 7/28/08 (re: Nevada State Prison) Solving 1977 slaying gives hope to police. RGJ 7/28/08 Domestic violence registry proposed...
This Week
Posted on July 28, 2008Monday July 28 State Bar Examination Registration Tuesday - Thursday, July 29-31 - Nevada July 2008 State Bar Examination Wednesday July 30 9:30 Advisory Commission on the Administration of Justice's Subcommittee on Juvenile Justice Thursday July 31 Nevada Supreme Court opinion release day Friday, August 1 Specialty Court Funding Commission Early primary election voting takes place all week: Clark County locations Washoe County locations Other locations
Nevada Primary Elections: Weekend news
Posted on July 27, 2008Term limits: State high court rules 21 ineligible. LVRJ 7/26/08 State's high court: 12-year limits valid. RGJ 7/26/08 Campaigns halt as Nevada Court Upholds Term Limits. New York Times 7/26/08 State Supreme Court: Woodbury's calm knows no bounds...
Nevada Supreme Court issues term limits decisions
Posted on July 25, 2008Child v. Lomax - term limits do not apply to legislators running in 2008: "we next address the substance of the petition: whether a member of the State Assembly seeking reelection should be disqualified as a candidate on the ground that, under the term-limit amendment, she will have exceeded the 12-year limit on serving in that office when her current term expires following the 2008 general election...
In the news
Posted on July 25, 2008Death penalty is upheld in fatal robbery. LVRJ 7/25/08 Challenge spurs uncertainty in race for commission seat . LVRJ 7/25/08 Reid pushes for polygamist crackdown. LVRJ 7/25/08 High court: District judges can live outside their areas. Nevada Appeal 7/25/08 Conviction upheld for Verdi woman's killer...
Nevada Primary Elections: Family Court Dept. N
Posted on July 25, 2008Mathew Harter Website - www.mharter.com Motto - ? Current Job - Attorney in private practice Admitted to Practice in Nevada - 1994 John Jensen Website - ? Motto - ? Current Job - Family Court Clerk of the Court Admitted to Practice in Nevada - 1986 Terrance Marren Website - ? Motto - ? Current Job - senior judge Admitted to Practice in Nevada - 1977 Gayle Nathan Website - ? Motto - ? Current Job - Attorney in private practice Admitted to Practice in Nevada - 1993
Nevada Primary Elections: Family Court Dept. K
Posted on July 24, 2008Ellen Bezian Website - ? Motto - ? Current Job - ? Admitted in Nevada - ? Nicholas Del Vecchio Website - ? Motto - ? Current Job - Family court judge Admitted in Nevada - ? Cynthia Giuliani Website - www.giulianiforjudge.com Motto - Families First Current Job - attorney in private practice Admitted in Nevada - ? Vincent Ochoa Website - www...
Nevada Supreme Court affirms death penalty & addresses several issues
Posted on July 24, 2008In Browning v. State, the Nevada Supreme Court, sitting en banc, affirms a death sentence following a second penalty hearing. Browning received the new penalty hearing in state habeas corpus proceedings. A number of issues were raised in Browning, all of which the Nevada Supreme Court found either to be without merit or to be harmless error...
Nevada Supreme Court considers issue of grand juror bias
Posted on July 24, 2008In Hill v. State, the Nevada Supreme Court considers an issue of bias by a grand juror. The Court, sitting en banc, concludes that it is the domain of the district court judge, not the prosecuting attorney, to determine whether grand juror bias exists...
Nevada Supreme Court finds sister-in-law to be related by blood or marriage to brother-in-law
Posted on July 24, 2008In City of Las Vegas v. Dist. Ct. (Meunier), the Nevada Supreme Court, sitting en banc, grants a petition for a writ of mandamus, in favor of the City, which challenged a ruling of the district court that NRS 33.018 (domestic violence) did not apply to battery by a sister-in-law upon her brother-in-law...
Nevada Supreme Court issues opinion concerning admission of expert testimony
Posted on July 24, 2008Hallmark v. Eldridge is a civil case involving a personal injury case, but is fully applicable to criminal cses as NRS 50.275 does not distinguish between civil and criminal cases in addressing the admissibility of expert testimony. This is reflected by the fact that much of the Court's analysis in Hallmark relies upon authority set forth in criminal cases...
Nevada Supreme Court finds deadly weapon enhancement amendment not retroactive
Posted on July 24, 2008In State v. Dist. Ct. (Pullin), the Nevada Supreme Court, sitting en banc, grants the State's petition for a writ of mandamus which challenged the district court's decision to sentence defendant Denver Pullin pursuant to the ameliorative amendments made by the Legislature to NRS 193...
Nevada Supreme Court issues 8 opinions
Posted on July 24, 2008Browning v. State - appeal from capital penalty hearing. My client lost. I hate losing. State v. Dist. Ct. (Pullin) - retroactivity of the deadly weapon enhancement statute amendments City of Las Vegas v. Dist. Ct. (Meunier) - domestic violence/sister-in-law & brother-in-law Hill v...
In the news
Posted on July 24, 2008Man jailed in extortion bid against candidate. LVRJ 7/24/08 Nevada Supreme Court uses court facilities to push creation of court of appeals. Reno News and Review 7/24/08 Plea made for more judges to hear cases. LVRJ 7/24/08 Editorial: A healthy dose of sunshine...
Nevada Primary Elections: Family Court Dept. J
Posted on July 23, 2008Jamie Kent Website - www.jamiekent.org Motto - ? Current job - Attorney in private practice Admitted to practice in Nevada - 1993 Lisa Kent Website - ? Motto - ? Current job - Family court judge Admitted to practice in Nevada - 1991 Michele Mercer Website - ? Motto - ? Current job - Attorney in private practice Admitted to practice in Nevada - 1998 Kenneth Pollock Website - www...
3 finalists selected for Family Court position
Posted on July 23, 2008The Judicial Selection Committee today selected attorneys Bryce Duckworth, Robert Teuton and Charles Hoskin as their candidates to fill the Family Court seat left vacant by retiring judge Gerald Hardcastle. Governor Gibbons will make his selection from the three candidates...
DNA Odds Questioned
Posted on July 23, 2008Via NACDL, the Los Angeles Times reports that questions have been raised about the accuracy of the FBI's statistics and about scrutiny of the databases. Concerns were expressed after a state crime scene analyst ran tests on Arizona's database and discovered two felons with remarkably similar genetic profiles...
Death Penalty CLE
Posted on July 23, 2008Capital Defense Weekly lists CLE opportunities for capital defense counsel: Bryan R. Schechmeister Death Penalty College August 2-7, 2008 Santa Clara University Santa Clara, CA Thirteenth Annual National Federal Habeas Corpus Seminar August 21-24, 2008 St...
In the news
Posted on July 23, 2008Nominees chosen for judge. LVRJ 7/23/08 Counties to verify signatures. LVRJ 7/23/08 Charge of tax break denied. LVRJ 7/23/08 Smith: A century old, the FBI changed our desert den of sin forever. LVRJ 7/23/08 Nevada Highway Patrol: Sergeant may face grand jury...
Nevada Primary Elections: Family Court Dept. I
Posted on July 22, 2008Cheryl Moss Website - ? Motto - ? Current job - Family court judge Admitted to Nevada - 1997 Gregory Gordon Website - ? Motto - ? Current job - Attorney in private practice Admitted to Nevada - 1994 Greta Muirhead Website - www.electgreta.com Motto - Current job - attorney in private practice, alternate hearing master Admitted to Nevada - 1990
9th Circuit finds potential conflict of interest, criticizes Judge Mosley's canvass re: conflict
Posted on July 22, 2008The Ninth Circuit Court of Appeals issued a decision this morning in Houston v. Schomig, an appeal from the denial of a habeas petition based upon a Nevada judgment of conviction. The Circuit remanded the case for an evidentiary hearing on the issue of prejudice after finding that Clark County District Court Judge Donald Mosley did not perform an adequate canvass of the defendant regarding a potential conflict of interest by his trial attorney...
In the news
Posted on July 22, 2008Prison too expensive to replace but too expensive to maintain. LVSun 7/22/08 Register by today for primary. LVRJ 7/22/08 Ex-medical board official pleads guilty to embezzling. LVRJ 7/22/08 Former commissioner's trial postponed. LVRJ 7/22/08 Rap War: Jury finds man guilty in slayings...
Judicial ethics opinion re: senior judges & campaign contributions
Posted on July 21, 2008The Standing Committee on Judicial Ethics and Election Practices has issued opinion JE08-007. The issue presented is "May a senior judge attend a $500 per plate fund raising luncheon being held to support the reelection campaign of a judge?" The short answer is "yes...
This Week
Posted on July 21, 2008Tuesday July 22nd - Nevada Supreme Court panel conference Tuesday July 22nd 8:00 a.m. - Judicial Selection Commission interviews (open to the public for the first time) Thursday July 24th - Nevada Supreme Court opinion release day Thursday July 24th 1:30 p...
In the news
Posted on July 21, 2008Update: Judge dismisses defamation lawsuit. LVRJ 7/21/08 Editorial: Under the influence, but not impaired. LVRJ 7/20/08 Laughlin River Run Melee: Fugitive biker surrenders. LVRJ 7/19/08 Former brothel owner gets 15 years in child porn case. LVRJ 7/19/08 Assembly District 7: Candidate faces allegations...
Nevada Primary Elections: Clark County Dist. Ct. Dept. 25
Posted on July 21, 2008Suzan Baucum Website - www.suzanbaucum.com Motto - ? Current Job - Executive Director, Nevada Law Foundation Position on Criminal Law Cases - Endorsed by law enforcement and prosecutor associations. Admitted in Nevada - 1992 Kathleen Delaney Website - www...
In the news
Posted on July 18, 2008Texas Turns Aside Pressure on Execution of 5 Mexicans. NYTimes 7/19/08 Ariz. Sheriff Accused of Racial Profiling. Washington Post 7/18/08 Prosecutor lays out case against Pellicano client. LATimes 7/18/08
Nevada Primary Elections: Clark County Dist. Ct. Dept. 23
Posted on July 18, 2008Elizabeth Halverson Website - www.halverson4judge.com Motto - A Passion for What is Right and a Commitment To What is Just Current Job - District Court Judge (suspended pending discipline proceedings) Position on Criminal Law Cases - ? Admitted in Nevada - 1992 Jason Landess Website - www...
Afternoon update
Posted on July 17, 2008The Las Vegas Review Journal reports that domestic violence charges against Assemblywoman Francis Allen were dismissed today. The paper notes that Justice of the Peace Bonaventure found that Allen's husband was credible when he testified that he stabbed himself in the arm...
Judicial Discipline Commission closes 3 cases
Posted on July 17, 2008The Nevada Judicial Discipline Commission has resolved matters involving Judge Lee Gates, Senior Judge Charles McGee, and former Judge Pro Tempore Peter LaPorta.
Nevada Primary Elections: Clark County Dist. Ct. Dept. 14
Posted on July 17, 2008Chris Davis Website - www. chrisdavis4judge.com Motto - Because Integrity Matters Current Job - Deputy City Attorney Position on Criminal Law Cases - ? Admitted in Nevada - 1998 Laurie Deffenbach Website - laurie4judge.com Motto - ? Current Job - Public Defender Position on Criminal Law Cases - ? Admitted in Nevada - 1996 Donald Mosley...
In the news
Posted on July 17, 2008Lawyer in, out of, back in China bank case. LVSun 7/17/08 Voter registration groups decry ban at courthouse. LVSun 7/17/08 Skolnik withdraws plan to eliminate 'pay differential.' LVRJ 7/17/08 Two men plead guilty to racketeering. LVRJ 7/17/08 Teen acquitted in slaying that led to LV police shooting...
In the news
Posted on July 16, 2008Jury spares the life of killer in Metrolink crash. LATimes 7/15/08 (re: life without verdict for 11 counts of murder). Parole panel denies compassionate release for Manson follower Susan Atkins. LATimes 7/14/08
Welcome Wild Wild Law Readers
Posted on July 16, 2008Thanks Wild Wild Law for the referrals. Posts on the judicial primary races include: Nevada Primary Elections: Nevada Supreme Court Seat B Nevada Primary Elections: Clark County District Court Dept. 10 Additional posts on the primary election will be presented each day this week and next week...
Nevada Primary Elections: Clark County Dist. Ct. Dept. 10
Posted on July 15, 2008Ian Christopherson website - ? motto - ? current job - attorney in private practice position on criminal law cases - ? admitted to practice in Nevada - 1989 William Kephart website - www.kephartforjudge.com motto - Ethics, Integrity and Justice current job - Deputy District Attorney position on criminal law cases - "As our District Court Judge, Kephart will fairly apply the 'rule of law' to ensure that criminals are punished and victims are protected...
Nevada Primary Elections: Nevada Supreme Court Seat B
Posted on July 15, 2008The primary election is August 12. Harmful Error will be presenting information about the primary races for judicial positions over the next few weeks. We begin with Nevada Supreme Court Seat B: Nancy Allf website - www.nancyallf.com motto - Leadership Experience Integrity current job - attorney in private practice with Gonzalez Saggio & Harlan, former President of the State Bar of Nevada position on criminal law cases - nothing explicit, endorsed by the Clark County Courts Deputy Marshals Association and the State Lodge of Nevada Fraternal Order of Police admitted to practice in Nevada - 1983 Don Chairez website - www...
In the news
Posted on July 15, 2008Rural suicide rate in state at crisis level. LVRJ 7/15/08 Term limits case: challenge gets rash of queries. LVRJ 7/15/08 Guidance on term limits sought. LVRJ 7/15/08 Nevada term limits: court deliberates, candidates wait. Nevada Appeal 7/15/08 Prosecutors to appeal Gage case...
In the news
Posted on July 14, 2008State Supreme Court: Term limit hearings today. LVRJ 7/14/08 Marshals credited with saving a life. LVSun 7/14/08 Struggling to aid child prostitutes. Washington Post 7/13/08 Supreme Court finds history is a matter of opinions. David Savage LATimes 7/13/08 State Surpeme Court weighs parole for killers...
Death Row USA Winter 2008 released
Posted on July 14, 2008The NAACP Legal Defense and Educational Fund has released its quarterly report, Death Row USA for Winter 2008. The report includes a list of significant criminal and habeas cases decided in the October 2007 term, or on the docket for the October 2008 term, in the United States Supreme Court...
This Week
Posted on July 14, 2008Monday July 14th --Nevada Supreme Court En Banc Arguments - arguments begin at 10 a.m. and are available via webcast Tuesday July 15th -- Nevada Supreme Court EB Conference Thursday July 17th -- Nevada Supreme Court Opinion Release
Weekend news
Posted on July 12, 2008Second inmate in two days found dead at Ely prison. LVRJ 7/12/08 Five plead guilty for roles in mortgage fraud that brought $17 million in losses. LVRJ 7/12/08 Police: Storey County DA involved in road dispute Thursday. Nevada Appeal 7/12/08 Jail consultants offer recommendations to county...
In the news
Posted on July 11, 2008Corrections officer faces porn charges. LVRJ 7/11/08 Murder-for-hire trial" bid for mistrial denied. LVRJ 7/11/08 Fleiss charged with trug use, possession. LVRJ 7/11/08 Two lawmakers file bills targeting illegal immigrants. LVRJ 7/11/08 Nevada ACLU supports an individual's right to bear arms...
DOC releases criteria for evaluation of inmate applications for clemency
Posted on July 11, 2008The Nevada Department of Corrections has released its Criteria for the Evaluation of Inmate Applications for Clemency for the October 2008 Meeting on the Board of Pardons. The Application for Commutation of Sentence is also available.
Death row inmate found dead in cell
Posted on July 11, 2008The Associated Press reports that death row inmate Daniel Jones, 47, was found dead in his cell at Ely State Prison. The cause of death is not yet known.
Competency arguments postponed
Posted on July 10, 2008The Nevada Supreme Court had postponed oral argument in two important writ proceedings concerning competency determinations in the Eighth Judicial District Court. Although Scarbo v. District Court and Roebke v. District Court present important constitutional and policy issues that impact numerous cases involving competency determinations, oral argument has been postponed at the request of the Clark County District Attorney's Office...
In the news
Posted on July 10, 2008I-Team: Legislature slashes budget but not judges' raises. Las Vegas Now 7/9/08 Court again delays start of indigent-defense effort. LVRJ 7/10/08 Sect leader back in Arizona after LV hospital stay. LVRJ 7/10/08 ACLU drops lethal injection challenge...
In the news
Posted on July 09, 2008Death penalty a costly proposition. LVSun 7/9/08 Lethal injection appeal dropped. LVRJ 7/9/08 Faces trial in Arizona: Jeffs rushed to Las Vegas hospital. LVRJ 7/9/08 Naked man hijacks bus. LVRJ 7/9/08 Spending reductions: Miller calls for look at cuts by Skolnik...
In the news
Posted on July 08, 2008Metro CSI truck packs gee-whiz stuff. LVSun 7/8/08 Editorial: racial and ethnic profiling. LVSun 7/8/08 Editorial: Compromising the Constitution. NYTimes 7/8/08 Court nominee accused of plagiarism won't withdraw. Washington Post 7/8/08
Must read materials for capital defense counsel
Posted on July 08, 2008Via Capital Defense Weekly, Hofstra Law Review has just released an edition devoted to the topic of mitigation in capital cases. The edition includes the American Bar Associations' Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases.
Oral argument calendar: Monday, July 14
Posted on July 08, 2008Monday, July 14, 2008 51151 SCARBO (CHRISTOPHER) VS. DISTRICT COURT C/W 51152 9:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 51152 ROEBKE (SCOTT) VS. DISTRICT COURT C/W 51151 9:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 51768 MILLER VS...
In the news
Posted on July 07, 2008Trials' differing verdicts spur high court appeal. LVRJ 7/7/08 UNR probed for alleged criminal activities. LVRJ 7/7/08 Youth's mother defies court. LVRJ 7/6/08 Sex offender law controversial Will the change in Nevada sex offenders laws really protect? Nevada Appeal 7/7/08 Schumacher: Court settles narrow issue in gun debate...
Temporary members named to Judicial Selection Commission
Posted on July 07, 2008The State Bar of Nevada has appointed Las Vegas City Councilman and attorney Steve Wolfson as its temporary appointee to the Commission on Judicial Selection. The Governor appointed gaming executive Jeffrey Gilbert as his temporary appointee.
This week
Posted on July 07, 2008Monday July 7 9:00 a.m. - Advisory Commission on the Administration of Justice (webcast available) Tuesday July 8 2:00 p.m. - Implementation of Courts of Chancery Hearing. Tuesday July 8 12:00 p.m. - Board of State Prison Commissioners Meeting Wednesday July 9 - Nevada Supreme Court panel conference Thursday July 10 - Nevada Supreme Court opinion release day Thursday July 10 - Nevada Supreme Court panel conference
In the news
Posted on July 04, 2008Juror data breach is reported. LVRJ 7/4/08 District Attorney: Questions surround official. LVRJ 7/4/08 Two added to judicial commission. LVRJ 7/4/08 Halverson's election lawsuit rejected. LVRJ 7/4/08 Murder-for-hire case: juror to testify in mistrial request...
Nevada Supreme Court denies latest Halverson petition
Posted on July 03, 2008Late this afternoon, the Nevada Supreme Court issued its sixth opinion of the day: Halverson v. Miller. The Court denies Judge Halverson's petition for a writ of mandamus which challenged her two-year term of office under Senate Bill 195. She had argued that the Legislature exceeded its authority by providing for a term of office of less than six years...
Nevada Supreme Court issues 5 opinions
Posted on July 03, 2008Nunnery v. State - petition for mandamus granted in part. Conspiracy to commit robbery is not an aggravating circumstance. Congratulations to me and to Trish Palm who did the bulk of the work on the petition but is not listed as counsel in the opinion...
In the news
Posted on July 03, 2008Halverson told to have mental exam if she intends to blame health problems for behavior. LVRJ 7/3/08 New law regulates wedding chapels. LVRJ 7/3/08 Editorial: sex offenders. LVRJ 7/3/08 Editorial: Here come the bill drafts. LVRJ 7/3/08 Nevada high court explores indigent defense issue...
In the news
Posted on July 02, 2008Public Defender Reform: Officials agree on need for changes. LVRJ 7/2/08 Nevada Supreme Court: Term limits cases argued. LVRJ 7/2/08 Supreme Court debates when term limits took effect. Nevada Appeal 7/2/08 List of bills for session released. LVRJ 7/2/08 Turnabout puts DA in hot seat in possible hit man conflict...
Family Court Dept. D applications available on-line
Posted on July 02, 2008Applications for those seeking appointment to judicial offices are now public records. The Nevada Supreme Court provides the applications of the 8 attorneys who are seeking appointment to Family Court Dept. D, the seat formerly occupied by Judge Gerald Hardcastle.
In the news
Posted on July 01, 2008Judge delays injury case. LVRJ 7/1/08 (re: Francis Allen) Governor signs seven bills passed during special session. LVRJ 7/1/08 Drug Arrests Were Real; the Badge Was Fake. NYTimes 7/1/08 Evidence Faulted in Detainee cases. NYTimes 7/1/08 Family of Slain Inmate Calls for Justice Dept...
Federal judge delays start of Nevada sex crime law
Posted on July 01, 2008Last week an 8th Judicial District Court judge issued a temporary injunction against enforcement in Clark County of the newly enacted Adam Walsh Act, which mandates that sex offenders be classified by their offense, rather than their individual risk factors, for the purposes of registration, notification and other restrictions...
California conducts extensive study on costs of death penalty
Posted on July 01, 2008The California Commission on the Fair Administration of Justice has conducted an extensive review of California's death penalty system. The report is available here. Among other findings, the Commission concludes that eliminating the death penalty and substituting terms of life without the possibility of parole would save California approximately $120,000,000 per year...
Nevada Supreme Court returns money to state fund
Posted on July 01, 2008The Nevada Supreme Court is returning $2.3 million, of 13% of its budget, to the state's general fund to assist with the budget shortfall.
Live webcast of oral argument
Posted on July 01, 2008The Nevada Supreme Court will broadcast today's oral argument via the internet. Arguments begin at 10:00 a.m.
In the news
Posted on June 30, 2008Haunted by his prison job. LVSun 6/30/08 Same lobbyist for courts, shorter term, more money. LVSun 6/30/08 Judge sealed cases against psychiatrist. LVRJ 6/29/08 Unsealing cases reveals details of woman's case against priest. LVRJ 6/29/08 Man who torched fest's effigy convicted LVRJ 6/28/08 (the booking photo is well worth viewing) Murder for hire e-mail scam circulating Nevada...
This Week
Posted on June 30, 2008Tuesday July 1 10:00 am Nevada Supreme Court oral arguments on ballot issues Tuesday July 1 1:00 pm Nevada Supreme Court Public Administration Meeting re: ADKT 411 Tuesday July 1 1:30 pm Advisory Commission on the Administration of Justice's Subcommittee to Study Mandatory Drug Sentencing Statutes and Substantial Assistance Statute Thursday July 3 Nevada Supreme Court Opinion Release Friday July 4 Court Holiday
Analysis of US Supreme Court October 2007 Term
Posted on June 28, 2008End of the Term "Super Stat Pack" Scotusblog The Breakfast Table. Slate At Supreme Court, 5-to-4 Rulings Fade, but Why? Linda Greenhouse NYTimes In a Complicated Term, Kennedy Left Boldest Mark. Linda Greenhouse NYTimes ACLU Summary of the 2007 Supreme Court Term Long quiet, justices end their term with a growl...
Special Session Not Limited To The Budget
Posted on June 27, 2008The Legislature is meeting for a special session today. Although the budget crisis is getting most of the attention of the media and legislators, other matters are also under consideration by the assembly and senate. For example, under Senate Bill 3, the effective date of section 10...
In the news
Posted on June 27, 2008Convicted sex offender arrested in attempted arson at Supreme Court. Nevada Appeal 6/27/08 Nevada sex offender classifications challenged. Nevada Appeal 6/26/08 Editorial: does the governor's personal behavior matter? (with photos) Nevada Appeal 6/26/08 Editorial: playing favorites...
US Supreme Court ends term, grants cert. in 2 cases
Posted on June 27, 2008The Supreme Court ended its 2007-08 term today. In its final act of the term, the Court granted certiorari in two matters. Coeur Alaska v. Southeast Alaska Conservation Council and Alaska v. Southeast Alaska Convervation Council concerns whether the Army Corps of Engineers has the authority to issue permits for dumping dredge or fill dirt into waterways, without satisfying all of the pollution restrictions enforced by the EPA...
No Nevada Supreme Court opinions today
Posted on June 26, 2008It appears that the Nevada Supreme Court will not be issuing opinions today. The next opinion release day is Thursday, July 3rd.
More election matters filed with the Nevada Supreme Court
Posted on June 26, 2008It's pretty tough to keep track of all of the writs and appeals pending before the Nevada Supreme Court concerning the 2008 election. Most of them are listed on the Court's High Profile Cases page and links are provided to the documents filed in those proceedings...
Heller analysis
Posted on June 26, 2008Much has been and will be written about this morning's decision in District of Columbia v. Heller. Scotusblog provides this bottom line summary: "Individuals have a constitutional right to possess a basic firearm (the line drawn is unclear, but is basically those weapons in general lawful use and does not extend to automatic weapons) and to use that firearm in self-defense...
US Supreme Court issues final 3 decisions this term
Posted on June 26, 2008District of Columbia v. Heller - whether the District's firearms regulations - which bar the possession of handguns and require shotguns and rifles to be kept disassembled or under trigger lock - violate the Second Amendment. The ruling below, which struck down the provisions in question, is affirmed...
In the news
Posted on June 26, 2008Justices broaden look at term limits. LVRJ 6/26/08 Children rescued: LV targeted in child prostitution. LVRJ 6/26/08 Perkins to retire as police chief. LVRJ 6/26/08 Once sealed from public view: open case unopposed (re: Family Court Judge Miley)...
Art Ritchie selected as new Chief Judge
Posted on June 25, 2008From the 8th JD: "The judges of the Eighth Judicial District Court selected Judge T. Arthur Ritchie Jr to serve as the Chief Judge of the District Court. Judge Ritchie's name will now be submitted to the Nevada Supreme Court for confirmation. If approved by the Supreme Court, Judge Ritchie will begin serving as Chief Judge in January 2009...
Ed Friedland selected as Court Executive Officer
Posted on June 25, 2008From the Eighth Judicial Distirct Court: "The judiciary of Clark County's Eighth Judicial District Court and the Las Vegas Township Justice Court have selected Edward A. Friedland, Esq. to serve as the Court Executive Officer and Clerk of the Court of the Clark County Courts...
Giles v. California: no "forfeiture by wrongdoing" exception to 6th Amendment
Posted on June 25, 2008Today the newspapers and blogs are all abuzz about the decision in Kennedy v. Louisiana and the Court's prohibition on the death penalty for child rape, but the opinion issued today which will likely have far more impact on criminal law is Giles v. California...
Kennedy v. Louisiana: no death penalty for child rape
Posted on June 25, 2008As noted in a post below, the US Supreme Court issued a decision in Kennedy v. Louisiana. In the 5-4 decision, with the majority opinion authored by Justice Kennedy, the Court holds that a Louisiana statute which permitted the death penalty for the rape of a child, including cases in which the child did not die...
Oral argument calendar: July 1
Posted on June 25, 2008Tuesday, July 1, 2008 51768 MILLER VS. BURK (ROSENBERG) BALLOT QUESTION C/W 51798/51802 10:00 AM 60 min Carson City Courtroom - Second Floor En Banc (Full Court ) 51798 SISOLAK VS. LOMAX (BALLOT QUESTION) C/W 51768/51802 10:00 AM 60 min Carson City Courtroom - Second Floor En Banc (Full Court ) 51802 CHILD VS...
US Supreme Court issues decisions
Posted on June 25, 2008Via Scotusblog: The United States Supreme Court issued opinions today. Kennedy v. Louisiana - addressing whether the Eighth Amendment prohibits states from imposing the death penalty for child rape, and, if not, whether Louisiana's statute fails to narrow the class of offenders eligible for the death penalty...
In the news
Posted on June 25, 2008Adam Walsh Act: Sex offender law tested anew. LVRJ 6/25/08 Appeals court tosses death sentence of Calif. inmate. Nevada Appeal 6/25/08 Reno police: "naked burglar" collared. Nevada Appeal 6/25/08 Report assails political hiring in Justice Dept. NYTimes 6/25/08 Probe finds illegal hiring at Justice Department...
In the news
Posted on June 24, 2008Sparks fly after court Taser demo for children. LVSun 6/24/08 Federal judge won't rule on Crazy Horse Too fate until later this week. LVSun 6/24/08 Crazy Horse Too case: prosecutor aims to keep club's value. LVRJ 6/24/08 Law enforcement: police HQ proposed...
Audio files available
Posted on June 24, 2008Audio files of oral arguments and the case management meeting concerning ballot matters, including Halverson v. Secretary of State, are available through the Nevada Supreme Court.
ADKT 411 Hearing is Tuesday, July 1
Posted on June 24, 2008Supreme Court En Banc Public Administration Hearing Regarding ADKT 411: Tuesday, July 1, 2008, 2:00 p.m., Carson City Courtroom with videoconference to Courtroom on the 17th Floor of the RJC in Las Vegas. Please disregard the previous notice which stated that the meeting would be held on July 2.
In the news
Posted on June 23, 2008DA busted for DUI after two wrecks. Pahrump Valley Times 6/23/08 Sealing lawsuit hid allegations that judge's law firm didn't perform its duties. LVRJ 6/22/08 Smith: Drug-stealing former paramedic gets legal breaks most junkies don't. LVRJ 6/22/08 Crazy Horse Too sale depends on whether it can open in a week...
This Week
Posted on June 23, 2008Monday June 23 - US Supreme Court issues opinions Tuesday June 24 - Nevada Supreme Court Panel Conference Wednesday June 25 - US Supreme Court issues opinions Thursday June 26 - Nevada Supreme Court opinion release day Thursday June 26 - Nevada Supreme Court Panel Conference Friday June 27 - Judicial Council Meeting
Senior Judge calendar now available
Posted on June 23, 2008The Nevada Supreme Court now provides a Senior Judge Calendar which lists cases in which senior judges are sitting for district court judges.
US Supreme Court issues 3 decisions
Posted on June 23, 2008Greenlaw v. United States - addressing whether a federal court of appeals may increase a criminal defendant's sentence in the absence of a cross-appeal by the government. The ruling below, which increased the defendant's sentence, is vacated and remanded...
In the news
Posted on June 20, 2008Mortgage probe results in six indictments. LVRJ 6/20/08 Engineer surrenders in embezzlement case. LVRJ 6/20/08 Nye County District Attorney cited for DUI after two wrecks. LVRJ 6/20/08 Fraud case dismissal: I'm vindicated, says Gage. LVRJ 6/20/08
Nye County DA cited for DUI after 2 crashes in 6 hours
Posted on June 19, 2008From the Nevada Appeal: "Authorities say the district attorney of Nye County was issued a drunk driving summons after crashing cars twice in six hours on the same California desert highway. The California Highway Patrol in Barstow and the Inyo County sheriff's office in Independence say Nye County DA Robert Beckett was not seriously hurt in either crash, although both vehicles overturned and were badly damaged...
Indiana v. Edwards & Competency
Posted on June 19, 2008This morning the US Supreme Court issued its decision in Indiana v. Edwards. The Court considered the issue of whether a defendant who is found competent to stand trial may be denied the right to represent himself because of mental illness issues. In an opinion authored by Justice Breyer, which was joined by Chief Justice Roberts and Justices Stevens, Kennedy, Souter, Ginsburg and Alito, the Court held that a state may require the appointment of counsel to represent a defendant who is competent to stand trial but not competent enough to represent himself at trial...
In the news
Posted on June 19, 2008Nevada State Prison closure could have wide spread impact. Nevada Appeal 6/18/08 Commissioners approve psychiatric hospital site. LVRJ 6/19/08 Crazy Horse Too: City rejects temporary liquor license. LVRJ 6/19/08 Morrison: State Bar grievance means Noel Gage may not be out of the woods yet...
US Supreme Court issues 5 decisions
Posted on June 19, 2008Indiana v. Edwards - whether criminal defendants found competent to stand trial must be permitted to represent themselves. The ruling below, which found for the defendant, is vacated and remanded. Justice Breyer wrote the opinion. Justices Scalia and Thomas dissented...
Nevada State Prison may close
Posted on June 18, 2008The Nevada Appeal reports that the Nevada State Prison may close as a result of the State's current budget crisis. If required to cut 4% of the Department of Correction's budget, as suggested by Governor Gibbons, the Carson City prison, which was built in the 1860s, will shut down by next January...
In the news
Posted on June 18, 2008Defense attorney requests mistrial. LVRJ 6/18/08 (this is a must read article for defense counsel - re: courtroom recording system and a claim that a juror could hear attorney-client conversations through his headphones) Key witness: criminal charges dismissed...
Judicial Ethics Committee Issues Opinion
Posted on June 18, 2008The Nevada Standing Committee on Judicial Ethics and Election Practices as issued opinion JE08-006. The opinion addresses two issues: 1. May a candidate for a district court seat refer to service as an alternate municipal judge in campaign materials? 2...
Nevada Supreme Court denies Catillo's motion to intervene
Posted on June 18, 2008The Nevada Supreme Court has denied a motion by death penalty inmate William Castillo to intervene in an action concerning the constitutionality of Nevada's lethal injection procedures. Castillo had been a volunteer for the death penalty but is now challenging his conviction in federal habeas proceedings...
Afternoon update
Posted on June 17, 2008The Las Vegas Review Journal reports that Federal District Court judge Quackenbush has dismissed with prejudice criminal charges against Las Vegas attorney Noel Gage. The dismissal was based upon the refusal of prosecutors to offer immunity to Dr. Mark Kabins...
In the news
Posted on June 17, 2008Judge must apologize to woman he jailed. LVSun 6/17/08 Facing budge 'crisis,' public defenders may refuse cases. ABC News 6/13/08 'Disposable heroes': Veterans used to test suicide-linked drugs. ABC News 6/17/08 Grand jury said to look at attorneys' dismissals...
Death Penalty Update
Posted on June 17, 2008Via Capital Defense Weekly, on June 13th the 9th Circuit granted penalty phase relief in a habeas corpus proceeding to Fernando Belmontes: "We affirm the district court?s ruling that Belmontes received deficient representation at the penalty phase of his trial, but set aside its ruling that he suffered no prejudice as a result...
ADKT 411 hearing scheduled for July 2
Posted on June 16, 2008The Nevada Supreme Court has scheduled a hearing on ADKT 411, which concerns performance standards for court appointed counsel and public defenders, for July 2nd at 2:00 p.m. The hearing will be hosted in the Carson City courtroom and videoconferenced to the Court's courtroom on the 17th floor of the RJC.
In the news
Posted on June 16, 2008Supreme Court overturns man's drug conviction. Nevada Appeal 6/16/08 Indigent board meets in public. LVRJ 6/14/08 Cleaning up drugs. LVRJ 6/16/08 Judicial accountability. LVRJ 6/16/08 Tax activist fights contempt charges. LVRJ 6/14/08 Judge delays trial in ricin possession case...
This Week
Posted on June 16, 2008Monday, June 16 1:00 p.m. - Advisory Commission on the Administration of Justice's Subcommittee to Consider Issues Related to a Study of "Truth in Sentencing." Wednesday June 18 - State Bar Convention Thursday June 19 - State Bar Convention Thursday June 19 - US Supreme Court opinion release day Thursday June 19 - Nevada Supreme Court opinion release day Friday June 20 - State Bar Convention Saturday June 21 - State Bar Convention
US Supreme Court issues 2 decisions
Posted on June 16, 2008Florida Dept. of Revenue v. Piccadilly Cafeterias - bankruptcy Dada v. Mukasey - ruling against the government on the issue of whether the filing of a motion to reopen removal proceedings automatically tolls the period within which an alien must depart the country under an order granting voluntary departure...
Nev. Sup. Ct. issues decision on residency of district court judge candidates
Posted on June 14, 2008Late on Friday afternoon, the Nevada Supreme Court issued an Order of Affirmance in Attorney General v. Montero. The Court held that because a district court judge is a state officer and there is no statute mandating that a judge live in his or her judicial district, the Attorney General was wrong in its conclusion that candidate Montero, who lives in Reno, could not run for a district court position in another county...
In the news
Posted on June 13, 2008'Nonwilfull conduct": Censure for judge too harsh. LVRJ 6/13/08 Out of BoundsThe Bush administration's executive-privilege claims almost make Watergate look like a fond memory. Slate 6/13/08 The Enemy WithinWho are we more afraid of: enemy combatants or federal courts? Slate 6/13/08 Justices Rule Terror Suspects Can Appeal in Civilian Courts...
In the news
Posted on June 12, 2008Morrison: Challengers making the most out of judge's 'old Vegas' antics, ethics. LVRJ 6/12/08 (the website referenced in the article is available here). UNLV's top salaries reported. LVRJ 6/12/08 Officials ponder polygamy issues. LVRJ 6/12/08 Anniversary of Darren Mack's rampage to pass without fanfare...
Judicial Discipline Commission posts Judge DelVecchio's Answer
Posted on June 12, 2008The Commission on Judicial Discipline has now posted the Answer to Formal Statement of Charges that was filed by Judge DelVecchio on June 5th.
Nevada Supreme Court issues 4 opinions
Posted on June 12, 2008Diomampo v. State - the Nevada Supreme Court in an en banc decision authored by Justice Maupin reverses a judgment of conviction for mid-level trafficking in a controlled substance based upon three errors by the district court. The Court first finds that the State violated Batson v...
Nevada Supreme Court to conduct first hearing with webcast
Posted on June 12, 2008For the first time ever, the Nevada Supreme Court will Webcast its Friday court hearings live over the internet in an effort to let as many people as possible view the proceedings concerning this year's election ballots. Friday's hearings in the Supreme Court's courtroom on the 17th floor the Regional Justice Center in Las Vegas are also scheduled to be broadcast live on television in Las Vegas over Las Vegas One, channel 19...
US Supreme Court issues decisions
Posted on June 12, 2008Taylor v. Sturgell - unanimous opinion authored by Justice Ginsburg. Freedom of Information Act and "virtual representation." The ruling below, which found for the government, is vacated and remanded. Boumediene v. Bush and Al-Odah v. United States The majority holds that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention...
Afternoon Update
Posted on June 11, 20089th Circuit's chief judge posted sexually explicit materials on his website. LA Times 6/11/08 Govenor apologizes for text messages. Nevada Appeal 6/11/08 On that subject, City Life gives its take on the possible content of the messages: Outtakes From the Text Messages of Gov...
In the news
Posted on June 11, 2008ACLU decries law against handbilling by wedding chapels. LVRJ 6/11/08 McCarran security scans won't be for the bashful. LVRJ 6/11/08 Gibbons divorce: Texting to woman revealed. LVRJ 6/11/08 Washoe County official charged with embezzlement. LVRJ 6/11/08 Commissioner shrugs off charges...
What The Hell
Posted on June 10, 2008Justice Department Official Awards $500,000 Grant to Golf Group. Well worth reading.
In the news
Posted on June 10, 2008District court misstates clerk errors, chilling relations. LVSun 6/10/08 Carson kidnapping doctor goes before parole board next week. Nevada Appeal 6/10/08 Trial scheduled to begin in Bank of China theft case. LVRJ 6/10/08 'Comp' case response sought...
Did you know?
Posted on June 10, 2008Did you know that in 2007 the Nevada Supreme Court issued final dispositions in 879 criminal appeals, that it affirmed the conviction in 608 of those appeals (69%); dismissed 167 of those appeals (19%); affirmed/reversed/remanded 51 convictions (6%); and reversed, remanded or vacated only 30 convictions (3%)...
This Week: June 9-15
Posted on June 10, 2008Monday June 9 - the Legislative Advisory Commission on the Administration of Justice meets from 9 am to 5 pm Monday June 9 - US Supreme Court opinion release day Wednesday June 11 - Nevada Supreme Court oral arguments in Las Vegas Thursday June 12 - Nevada Supreme Court oral arguments in Las Vegas Thursday June 12 - US Supreme Court opinion release day Thursday June 12 - Nevada Supreme Court opinion release day Thursday June 12 - NACJ Annual Dinner at the Las Vegas Country Club Friday June 13 - Advisory Commission on the Administration of Justice's Subcommittee on Juvenile Justice meets at 9:30 a...
In the news
Posted on June 09, 2008Court: sex offender exempted from psych panel review. Nevada Appeal 6/9/08 State's largest police force still on hook for $1.5M in benefit subsidy. Nevada Appeal 6/9/08 Brothel owner's appeal of license suspension fails. Nevada Appeal 6/9/08 Gang members toe line in jail...
Advisory Commission on Administration of Justice meets this morning
Posted on June 09, 2008The Legislature's Advisory Commission on the Administration of Justice meets this morning at 9:00 a.m. The agenda is available here. Presentations will be made by the Department of Parole and Probation, Board of Parole Commissioners, several public defenders, the Department of Corrections and reports will be made by subcommittees...
US Supreme Court issues 4 opinions
Posted on June 09, 2008Allison Engine v. U.S. - unanimous opinion authored by Justice Alito. The case concerns the Federal False Claims Act. The opinion is available here. Quanta v. L.G. - unanimous opinion authored by Justice Thomas. The case concerns a claim of patent infringement...
In the news
Posted on June 06, 2008Facing civil complaint: judge files response in sex case. LVRJ 6/6/08 Budget to force benefits changes. Nevada Appeal 6/6/08 State workers will get raises, official claims. LVRJ 6/6/08 Park police e-mails shown. LVRJ 6/6/08 Ex-councilman's appeal considered...
Nevada Supreme Court issues two opinions
Posted on June 05, 2008The Nevada Supreme Court issued two opinions today, one in a proper person criminal case and one in a civil case: Douglas v. State - Two of three justices (Cherry and Saitta) conclude in this proper person appeal that the district court abused its discretion in denying the appellant's petition for a writ of mandamus which challenged the Parole Board's requirement that he be certified by the Psych Panel prior to release on parole from a sentence involving a nonsexual offense based upon the fact that he had a prior conviction for a sexual offense...
In the news
Posted on June 05, 2008Morrison: snail-paced process shouldn't extend beyond election in Halverson case. LVRJ 6/5/08 Supporters lose appeal to get three petitions on ballot. LVRJ 6/5/08 Supreme Court sets case management hearing. LVRJ 6/5/08 County grumbles but OK's $3...
Nevada Supreme Court to hold case management hearing for election cases
Posted on June 05, 2008On Friday, June 13 at 1:30 p.m., the Nevada Supreme Court will hold a case management hearing to determine how best to address cases involving election matters. This type of hearing is unprecedented at the Nevada Supreme Court but is necessary so the Court can determine its schedules and so it can decide these cases by either the Primary Election or General Election deadlines for printing ballots.
Nevada Supreme Court amends rule on senior judges
Posted on June 04, 2008ADKT No. 362 amends Rule 10 of the Supreme Court Rules to provide for changes concerning senior judges.
Oral argument audio files now available
Posted on June 04, 2008Audio files of oral arguments for matters heard on June 2nd and 3rd are now available at the Nevada Supreme Court website. Olivares v. State Vredenburg v. Sedgwick CMS Valdez v. State Thomas v. Dist. Ct (Lawrence) Waldman v. Maini Canyon Villas v. State, Nevada Tax Comm'n In re: Discipline of Glen Lerner ADKT 405, 424, 426 (concerning rules for teleconferencing court proceedings)
Oral Argument Calendars: June 11-13
Posted on June 04, 2008Wednesday, June 11, 2008 48682 BROWN VS. CALIFORNIA HOTEL 10:00 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Gibbons/Hardesty/Douglas ) 48643 HINTON (JONATHON) VS. STATE 10:30 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 49409 RODRIGUEZ VS...
In the news
Posted on June 04, 2008Killer in 1995 death who had second thoughts about execution gets stay. LVRJ 6/4/08 Challenged candidates: ruling on term limits requested. LVRJ 6/4/08 Justices to consider tax cap plan appeal. LVRJ 6/4/08 Desai self-incrimination concerns noted...
In the news
Posted on June 03, 2008Murder conviction overturned for prosecution and judicial errors. Nevada Appeal 6/3/08 Smith: Affidavits paint a disturbing picture of Texas Child Protective Services. LVRJ 6/3/08 Sect's children returned to parents, but inquiry continues. NYTimes 6/3/08 Justices narrow money-laundering law...
Nev. Sup. Ct. holds public meeting today on teleconferencing rules
Posted on June 02, 2008From the Nevada Supreme Court: "The Nevada Supreme Court has scheduled a public hearing for today, Monday, June 2, 2008, at 4 p.m. to consider a rule that would let lawyers, litigants, and even a judge attend court by video or teleconference in certain cases...
Short and sweet
Posted on June 02, 2008I have oral argument this morning in a capital case, so blogging will resume tonight or tomorrow. There's not much local news of interest today. The US Supreme Court issued two opinions this morning. It held that a prevailing party in a contract dispute with the federal government may recover the fees of paralegals at market rates...
Weekend news
Posted on June 01, 2008Bodybuilders plead guilty, avoid murder trial. Nevada Appeal 5/31/08 Editorial: Of scandals and scoundrels. Fredricks LVRJ 5/31/08 Plea agreement reached: bodybuilder admits killing. LVRJ 5/30/08 Strong backing for ex-governor's appeal. NYTimes 5/31/08 Major cases among 29 still on docket...
In the news
Posted on May 30, 2008Rezko hires attorney in attempt to stifle warrant. LVSun 5/30/08 Panel orders continued monitoring of judge. (re: Senior Judge McGee) RGJ 5/30/08 Silver Springs camp closing. Nevada Appeal 5/30/08 'Dateline' segment on Bodden case tonight. Nevada Appeal 5/30/08 Halverson gets 60 days to prep for case...
Halverson to appear in proper person, gets 67 days to prepare
Posted on May 29, 2008The Las Vegas Review Journal reports that the Nevada Judicial Discipline Commission has allowed three attorneys representing District Court Judge Halverson to withdraw from pending judicial discipline proceedings. A new hearing date was set: August 4, giving Halverson 67 days to prepare for her defense.
Nevada Supreme Court issues 5 opinions
Posted on May 29, 2008Hidalgo v. District Court - The Nevada Supreme Court has issued a new opinion based upon the State's petition for rehearing. The Court affirms its prior opinion insofar as it held that solicitation to commit murder is not a felony involving the use or threat of violence to the person of another within the meaning of NRS 200...
In the news
Posted on May 29, 2008Letters sent by judge's brother stir controversy. LVRJ 5/29/08 Police to pay $290,000 to settle suit. LVRJ 5/29/08 Two stay on ballot for post. LVRJ 5/29/08 Numbers help keep Carson's crime problem in perspective. Nevada Appeal 5/29/08 Fundraiser faces arrest in multiple gaming debts...
State Bar extends deadline for appointment to Appointed Counsel Committee
Posted on May 29, 2008The State Bar of Nevada has extended its deadline for appointment applications for bar members who want to be on the Office of Appointed Counsel Committee. Members of the committee will review applications of attorneys who want to be track attorneys or on the Indigent Defense Panel...
Halverson attorneys want out
Posted on May 28, 2008The Nevada Appeal reports that District Court Judge Halverson's three attorneys want to withdraw from representation of her in judicial discipline proceedings, which are scheduled to begin on June 9, due to non-payment of fees. Halverson wants to postpone the hearing for five months (which is coincidentally a week past the election)...
Prison discontinues Western Union payments
Posted on May 28, 2008The Nevada Department of Corrections will discontinue Western Union money transfers effective June 26, 2008. Money may still be sent by JPay.
Nevada Sup. Ct. gives details on judicial selection
Posted on May 28, 2008The Nevada Supreme Court has issued a press release concerning the eight applicants for the vacancy created by the retirement of Judge Gerald Hardcastle. This will be the first selection process during which the Commission on Judicial Selection will hold its interviews and deliberations in public.
In the news
Posted on May 28, 2008Halverson's lawyers ask to withdraw from case. LVRJ 5/28/08 Hearing set for judge. Nevada Appeal 5/27/08 Bodybuilders' lawyers seek murder trial delay. LVRJ 5/28/08 Coroner: cocaine a factor in 'Buffalo Jim' death in Vegas. Nevada Appeal 5/27/08 Clark, Washoe DAs reject term limits ruling...
Oral Argument Calendars: June 2nd and 3rd
Posted on May 27, 2008The Nevada Supreme Court has published its oral argument calendar for June 2 and 3. Monday, June 2, 2008 46920 OLIVARES (REYES) VS. STATE 10:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 49289 VREDENBURG VS. SEDGWICK CMS 10:30 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 49541 VALDEZ (JAMES) VS...
Legislative meeting on Courts of Chancery meets Wednesday
Posted on May 27, 2008The Legislative Subcommittee to Study the Benefits, Costs and Feasibility of the Imprementation of Courts of Chancery in Nevada will hold a meeting on Wednesday May 28. Details and the agenda are available here.
Briefs in ballot initiative cases available
Posted on May 27, 2008The Nevada Supreme Court provides access to the briefs, pleadings and orders in high profile cases, including several appeals from decisions concerning ballot initiatives and other election related matters: Attorney General v. Montero - residency of candidates for district court judges Halverson v...
US Supreme Court issues 2 decisions
Posted on May 27, 2008The United States Supreme Court issued two decisions this morning. Both concern retaliation claims. In Gomez-Perez v. Potter the Court holds that 29 USC 633a(a) prohibits retaliation against a federal employee who complains of age discrimination. In CBOCS West v...
In the news
Posted on May 27, 2008Convicted Vegas developer facing federal prison on Friday. Nevada Appeal 5/26/08 As border efforts grow, corruption is on the rise. NYTimes 5/27/08 His life with the deaths that the state carried out. NYTimes 5/27/08 (re: documentary 'At the Death House Door' which will be shown Thursday night on the Independent Film Channel) Los Angeles County braces for an influx of state prisoners...
8 seek Hardcastle's position in Family Court
Posted on May 26, 2008Eight attorneys have submitted applications to replace Family Court Judge Gerald Hardcastle, who will retire July 1: Bryce Callow Duckworth, 43 (also a candate for Dept. Q) Fernando Guzman, 59 (also a candidate for Dept. R) Charles J. Hoskin, 44 (also a candidate for Dept...
Weekend news
Posted on May 26, 2008District judge race: lawyer's judgment at issue (re: Jason Landess, Candidate for Dept. 25). LVRJ 5/25/08 Fetus discovered at Fallon high school. Nevada Appeal 5/25/08 Prosecutor won't fight regent's candidacy based on term limits. LVRJ 5/24/08 Bon appetit...
Nevada lawyer is Above The Law's Lawyer of the Day
Posted on May 23, 2008And those who routinely read Above The Law know that this is not a nice award. Based upon this post at Nevada's Wild Wild Law, which is based upon this article in Las Vegas City Life, national legal tabloid Above The Law has selected Adam Kutner as its lawyer of the day...
State Bar Appointments Available
Posted on May 23, 2008From the Nevada State Bar: Consistent with the January 2008 Supreme Court Order relating to the defense of the indigent, Clark County has formed the Office of Appointed Counsel (OAC) to assign private counsel in appointed criminal cases. The State Bar of Nevada will appoint a member to the Office of Appointed Counsel Committee, which will review applications to join the Indigent Defense Panel (IDP), a group of attorneys approved to accept these cases...
In the news
Posted on May 23, 2008At Supreme Court, 5-4 rulings fade, buy why? Greenhouse, NYTimes 5/23/08 House panel subpoenas Rove in inquiry into Justice Dept. NYTimes 5/23/08 Editorial: children in adult jails NYTimes 5/23/08 Guantanamo judge won't delay trials. NYTimes 5/23/08 California Supreme Court denies death row inmate's request for DNA testing...
Former Supreme Court Justice O'Connor to speak at Elko's Cowboy Poetry Gathering
Posted on May 22, 2008This might be worth the trip to Elko, even in January. The Associated Press reports the following: "Former U.S. Supreme Court Justice Sandra Day O'Connor has agreed to be the keynote speaker at the 25th annual National Cowboy Poetry Gathering in Elko next January...
In the news: afternoon update
Posted on May 22, 2008Karl Rove subpoenaed by House over firing of US Attorneys. Huffington Post 5/22/08 400 jurors may get summonses for OJ Simpson trial in Vegas. Nevada Appeal 5/22/08 Appeals court rules against Texas in polygamy case. NYTimes 5/22/08
Judicial Election 2008: the websites
Posted on May 22, 2008Candidate websites update. If you know of any others, please comment below or send an email to jonell ~~at~~jonellthomas.com~~dot~~com. Nancy Allf, Nevada Supreme Court candidate Elissa Cadish, 8th JD Department 6 incumbent and candidate Linda Bell, 8th JD Department 7 candidate Josh Kunis, 8th JD Department 8 candidate Jessie Walsh, 8th JD Department 10 incumbent and candidate William Kephart, 8th JD Department 10 candidate Chris Davis, 8th JD Department 14 candidate Laurie Diefenbach, 8th JD Department 14 candidate Donald Mosley, 8th JD Department 14 incumbent and candidate Elizabeth Halverson, 8th JD Department 23 incumbent and candidate Stefany Miley, 8th JD Department 23 candidate (you tube video) Suzan Baucum, 8th JD Department 25 candidate Amy Mastin, 8th JD Family Court Department G candidate Cynthia Dianne Steel, 8th JD Family Court Department Department G candidate and incumbent Greta Muirhead, 8th JD Family Court Department I candidate Morrissa Schechtman, 8th JD Family Court Department J candidate Kenneth Pollock, 8th JD Family Court Department K candidate Mat Harter, 8th JD Family Court Department N candidate Thomas Kurtz, 8th JD Family Court Department Q candidate Chuck Hoskin, 8th JD Family Court Department R candidate Maria Maskall, 8th JD Family Court Department R candidate Melissa Saragosa, Las Vegas Justice Court, Dept...
No opinions today
Posted on May 22, 2008It appears that the Nevada Supreme Court will not issue any opinions today. The next opinion release date is Thursday, May 29.
Nev. Sup. Ct. expedites Montero & Halverson cases
Posted on May 22, 2008The Nevada Supreme Court has ordered expedited briefing in the Montero case, which addresses whether judicial candidates for district court must live in the judicial district for which they seek election. Briefing is to be complete by June 6 and oral argument will be hled on Friday, June 13 at 11 a...
In the news
Posted on May 22, 2008Interrogation tactics were challenged at White House. Washington Post 5/22/08 Man linked to Show and Tell Murder back behind bars. LV Now 5/21/08 Editorial: First lady abandoned, but still devoted. Elko Daily 5/21/08 (including allegations re: affair by Governor Gibbons) ESP escape plot foiled...
NACJ Annual Dinner
Posted on May 22, 2008The Nevada Attorneys for Criminal Justice will hold its annual dinner on June 12. Invitations will be sent soon. This year's Defender of the Year Award will be presented to Scott Freeman from Reno.
Applications for track and hourly appointments due 5/23
Posted on May 22, 2008The Office of Appointed Counsel is accepting applications for track and hourly appointments for criminal adult, juvenile and parental termination cases in the 8th Judicial District. Applications are available on-line and are due on Friday, May 23.
In the news
Posted on May 21, 2008I-Team Trading Favors for Campaign Cash? (re: judicial elections) Las Vegas Now 5/21/08 Wynn says he was obligated to try to recoup debt. (re: The DA's debt collection business). LVSun 5/21/08 Police report details of arrest of defender. LVRJ 5/21/08 Assemblywoman charged with stabbing husband in arm...
Oral Arguments: May 29
Posted on May 21, 200847492 IN RE: PARENTAL RIGHTS AS TO BOHANNAN 10:00 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Maupin/Cherry/Saitta ) 48347 M.C. MULTI-FAMILY DEV. VS. CRESTDALE ASSOC. 10:30 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Maupin/Cherry/Saitta ) 48619 GUILLEN VS...
Oral Arguments: May 28
Posted on May 21, 200847748 COSTA VS. STATE, DEPT. OF MOTOR VEHICLES 10:00 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Maupin/Cherry/Saitta ) 47534 KRYGIER VS. KRYGIER 10:30 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Maupin/Cherry/Saitta ) 48840 MITCHELL (DONALD) VS...
Death Penalty Update
Posted on May 21, 2008Headlines from the Death Penalty Information Center: New Voices: Former New Jersey Supreme Court Justices Discuss the Failure of the Death Penalty Law Execution Stay Continued in Delaware Mississippi Preparing To Execute Man Despite Strong Evidence of Mental Retardation Maryland Creates Commission to Study Death Penalty Books: The Death Penalty: A Worldwide Perspective New Voices: American Bar Association President Calls for Death Penalty Moratorium US Supreme Court Agrees to Hear Virginia Case on Quality of Representation New Voices: "How New Jersey Abolished The Death Penalty"
Report finds racial gap in drug arrests
Posted on May 21, 2008Via CrimProf Blog and the New York Times, the Sentencing Project has issued a new report concerning racial disparity in drug arrests. Las Vegas is referenced throughout the report and does relatively well compared to other major cities.
Assemblywoman Allen arrested
Posted on May 20, 2008Jon Ralson reports that Assemblywoman Francis Allen has been arrested on domestic battery charges for stabbing her husband. The police report is available here. Allen's Legislative Biography is available here. In the 2007 session, she sat on the Judiciary Committee...
In the news
Posted on May 20, 2008Douglas violent crime drops 18 percent. Nevada Appeal 5/19/08 Barkley says he's repaid debt; DA hasn't seen check. Las Vegas Sun 5/20/08 I-Team: Criminal Kids Locked Up (includes video). Las Vegas Now 5/20/08 Washoe County budget freezes vacancies in shortfall...
AG files Opening Brief in Montero case
Posted on May 20, 2008The Nevada Attorney General has filed its Opening Brief in State of Nevada v. Montero. The case presents the issue of whether district court judges may live in a judicial district that is different from the judicial district in which they seek election.
Emergency Regulation for Placement of Infants
Posted on May 20, 2008The Nevada Department of Corrections has enacted an emergency regulation for the placement of infants. The regulation is available here.
US District Court seeking CJA attorneys
Posted on May 20, 2008From the State Bar of Nevada: The Clerk of the Court is accepting applications for the appointment of new Federal Criminal Justice Act (CJA) Panel attorneys (appointment of counsel for indigent defendants). A panel selection committee, chaired by Magistrate Judge Robert A...
In the news
Posted on May 19, 2008Morrison: State will pay new judges' salaries, sticking county with tab for staffs. LVRJ 5/19/08 Editorial: A conflicted court. LVSun 5/19/08 Offenders return to society, but under her watchful eye. NYTimes 5/19/08 John McCain and Barack Obama: Two visions of the Supreme Court...
US Supreme Court issues decisions on child porn & Armed Career Criminal statutes
Posted on May 19, 2008The United States Supreme Court issued four opinions this morning. Scotusblog provides this summary. The Court issued three criminal law decisions. It upheld a federal statute concerning child pornography. United States v. Williams is available here...
Weekend news
Posted on May 18, 2008Candidates file for local offices. RGJ 5/17/08 Female officers face balancing act of dangerous job, family. RGJ 5/18/08 Candidate filing ends. Nevada Appeal 5/17/08 Candidate filings listed. LVRJ 5/18/08 Tougher prison baby rules OK'd. LVRJ 5/17/08 Arrest report obtained for UMC arrest...
Judging The Judges
Posted on May 18, 2008The Las Vegas Review Journal begins its six-day series on Judging the Judges. The biennial series is based on a survey of 799 Clark County attorneys. Results: Nevada Supreme Court Highest retention vote: Mark Gibbons 86% Lowest retention vote: Nancy Saitta 45% 8th Judicial District - Civil and Criminal Highest retention votes: David Barker 92% Stewart Bell 91% Allan Earl 90% Mark Denton 88% Douglas Herndon 88% David Wall 88% Lowest retention votes: Donald Mosley 56% Michelle Leavitt 56% Kathy Hardcastle 54% Lee Gates 43% Jessie Walsh 41% Elizabeth Halverson 8% 8th Judicial District - Family Highest retention votes: Gloria Sanchez 97% (wow!) T...
Call an attorney an asshole = dismissal of juror
Posted on May 16, 2008The Las Vegas Review Journal reports that a juror in the civil case of Suen v. Adelson & Sands. Corp. has been dismissed from the jury panel because he called Adelson's attorney, Rusty Hardin, an "asshole" while Hardin was cross-examining a witness. The article does not provide information as to what question by Hardin resulted in the juror's remark.
In the news
Posted on May 16, 2008Court rejects inmates damage's bid. LVRJ 5/16/08 Smith: After a brief foray into the political arena, prosecutor Daskas back on job. LVRJ 5/16/08 Thomas wants DA kicked off corruption case. LVRJ 5/16/08 Court rules on open meeting issue. Nevada Appeal 5/16/08
Candidate filings complete
Posted on May 16, 2008The filing deadline for judicial candidates was in January, but most other candidates facing election this year filed this week. The Secretary of State has a list of candidates for national, statewide and rural races, with photos! Clark County's list is available and includes information on local races and Congressional Districts 1 and 3...
Cal. Supreme Court finds ban on gay marriage unconstitutional
Posted on May 15, 2008Not related to criminal law, but nonetheless interesting: The California Supreme Court has concluded that "in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as opposite sex couples...
Nevada Supreme Court issues 3 opinions
Posted on May 15, 2008The Nevada Supreme Court issued three opinions today, bringing it to a total of 30 published opinions for the year. Only one case touched on criminal law, but it's really a civil matter: Stockmeier v. Dep't of Corrections - " In this proper person appeal, we consider whether the violation of Nevada's Open Meeting Law can support a private cause of action for damages...
In the news
Posted on May 15, 2008Blunders yield bonanza. LVSun 5/15/08 (w/ corrected link) Term limit battle shapes up. Nevada Appeal 5/15/08 Term limit court fight probable. LVRJ 5/15/08 Judge touts safe house for kids ensnared in prostitution. LVRJ 5/15/08 Morrison: state high court races makes up for lack of drama with importance...
Jud. Discipline Comm. refuses delay in Del Vecchio case
Posted on May 14, 2008The Nevada Judicial Discipline Commission has refused Family Court Judge Del Vecchio's motion to stay discipline proceedings against him pending resolution of a related civil case.
In the news
Posted on May 14, 2008Civil rights case: $480,000 settlement approved. LVRJ 5/14/08 Judge sets execution date for killer of 16-year-old girl. LVRJ 5/14/08 A Few Good Soldiers: More members of the military turn against the terror trials. Slate 5/14/08 New help for rape victims...
In the news
Posted on May 13, 2008Parole board backlog will grow in June. Nevada Appeal 5/13/08 Registrar decries judge's complaint. LVRJ 5/13/08 Smith: Drug testing: What's good for student-athlete should be good for educator. LVRJ 5/13/08 Inmates gain skills in Carson prison. RGJ 5/13/08 When literary and prosecutorial license collide...
Boyd law school adds new faculty
Posted on May 13, 2008The UNLV Boyd School of Law welcomes four new professors and one new visiting professor.
Castillo no longer a volunteer, wants to intervene
Posted on May 13, 2008William Castillo has indicated that he no longer wishes to volunteer for the death penalty and has sought permission to intervene in the writ proceeding pending in the Nevada Supreme Court which concerns the constitutionality of Nevada's lethal injection procedures.
Voter Registrar files response to Halverson
Posted on May 13, 2008Clark County Registrar of Voters Larry Lomax has filed a response to Judge Halverson's petition in the Nevada Supreme Court which challenges her two year term of office and argues that she is entitled to a six year term.
In the news
Posted on May 12, 2008Officers are people too. LVSun 5/12/08 Hourly rates reduced for Nevada senior judges. Nevada Appeal 5/12/08 Settlement considered in lawsuit by officer. LVRJ 5/12/08 Morrison: County lockup a lot brighter these days, but it's still a gloomy place to be...
Supreme Court issues opinion on waiver of Article III Judge
Posted on May 12, 2008The United States Supreme Court issued one decision this morning. In Gonzales v. United States, the Court held that a defendant's attorney may agree to have voir dire conducted by a magistrate and that a defendant's personal waiver is not required. The opinion was authored by Justice Kennedy...
Advisory Committee on Admin. of Justice meets Monday
Posted on May 09, 2008The Advisory Commission on the Administration of Justice will hold its next meeting on Monday, May 12 at 9:00 a.m. The agenda is available here.
AOC hosts a Judicial Summit next week
Posted on May 09, 2008The Administrative Office of the Courts will hold a 2008 Judicial Leadership Summit at the Hyatt Lake Tahoe. The conference is from Tuesday, May 13 to Friday, May 16. The brochure is available here.
In the news
Posted on May 09, 2008Federal prosecutor assigned, Reid says. LVRJ 5/9/08 Judge transfers Gibbons' divorce case to Reno. LVRJ 5/9/08 Atkinson-Gates' family: ex-official's son, wife plead guilty. LVRJ 5/9/08 Editorial: Surely the system can do better. LVRJ 5/9/08 Feds will review issues in polygamist communities...
In the news
Posted on May 08, 2008Nevada inmate joins legal challenge: won't volunteer to die. Nevada Appeal 5/8/08 Ybarra gets yet another day in court. Ely Times 5/7/08 Judge concerned about courthouse record safety. Ely Times 5/7/08 Halverson argues term not set to expire. LVRJ 5/8/08 Infants of inmates: protocols on babies reviewed...
Nev. Supreme Court issues 2 opinions
Posted on May 08, 2008The Nevada Supreme Court issued two opinions today. Both were in civil cases: In Las Vegas Fetish and Fantasy v. Ahern Rental (my favorite case caption so far this year), the Court addresses the doctrine of unclean hands: "This appeal presents us with the opportunity to clarify the circumstances under which the unclean hands doctrine will bar a party from obtaining an equitable remedy...
Nevada Supreme Court to resolve judicial election issues
Posted on May 07, 2008The Nevada Supreme Court has ordered briefing and scheduled oral argument in two matters concerning elections of district court judges. In Attorney General v. Montero the Court will consider the propriety of a district court's order denying the AG's challenge to Montero's qualifications to serve as a district court judge...
9th Circuit affirms reversal of Nevada conviction based upon DNA exaggerations
Posted on May 07, 2008As noted below, newspapers are reporting on the reversal of a Nevada conviction based upon exaggeration of statistics concerning DNA. On Monday, the 9th Circuit affirmed a federal district court's grant of federal habeas to a Nevada defendant who was convicted of sexual assault of a minor...
In the news
Posted on May 07, 2008Prison officials criticized for baby policies. LVRJ 5/7/08 Court overturns rape conviction. LVRJ 5/7/08 Editorial: Let's call the whole thing off (re: latest Halverson filing). LVRJ 5/7/08 Judge rejects newspaper suit over Governor's weapon permit...
Blogging to resume tomorrow
Posted on May 06, 2008Oral argument in Carson City today. No time for blogging. Will resume tomorrow. Only 1/2 hour until my return flight and not a single earthquake or fire. Happy day.
In the news
Posted on May 05, 2008Fiscal Pressures Lead Some States to Free Inmates Early. Washington Post 5/5/08 Suspected pipe bomb damages courthouse in San Diego. LA Times 5/5/08 DNA matches aren't always a lock. LA Times 5/4/08 After Hiatus, States Set Wave of Executions. NY Times 5/3/08 Defense reform needed for poor...
Halverson challenges 2 year terms
Posted on May 02, 2008Via Jon Ralston and the Las Vegas Sun: "Troubled Judge Elizabeth Halverson has asked the state Supreme Court to pull her race and several others from the ballot because she believes a law that caused a de facto shortening of some judicial terms is unconstitutional...
In the news
Posted on May 02, 2008Missing child: police link toddler to ex-inmate. LVRJ 5/2/08 Plea deal reached in Tahoe tree cutting case. LVRJ 5/2/08 State agent quits amid missing evidence inquiry. LVSun 5/2/08 Jurors, don't expect any shut-eye in these courts. LVSun 5/2/08
Nev. Supreme Court issues opinions
Posted on May 01, 2008First, the criminal case: Mclellan v. State - the Court addresses the admissibility of a wiretapped phone call placed by California police to a defendant in Nevada and the instruction to be given for admission of prior bad act evidence. In an en banc opinion, authored by Justice Cherry, the Court affirms the defendant's conviction for 22 counts of sexual assault of a minor and 20 counts of lewdness...
In the news
Posted on May 01, 2008Law professor accuses students of defamation. NYTimes 5/1/08 Justice Dept. will share interrogation opinions. NYTimes 5/1/08 Immigrants challenge US system of detention. NYTimes 5/1/08 Record on warrants for spying court. NYTimes 5/1/08 Reno on edge after odd series of earthquakes...
Nevada Supreme Court Calendar: May 5 and 6
Posted on April 30, 2008The Nevada Supreme Court has released its oral argument calendar for May 5 and 6. Monday, May 5, 2008 46594 BOYD VS. SMITH & HARMER C/W 45180/45442 10:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 45442 FRANK SETTELMEYER & SONS VS...
Bar admission ceremony scheduled
Posted on April 30, 2008The Nevada Supreme Court has scheduled a bar admission ceremony for Monday, May 5. Details are available here.
In the news
Posted on April 30, 2008Supreme Court is rejecting broad legal challenges. LA Times 4/30/08 Wife and mother arrested 32 years after escaping prison. LA Times 4/30/08 Editorial: Fixing Justice. LA Times 4/30/08 Sands attorney's arsenal includes name-calling. LV Sun 4/30/08 Judicial council settles in fraud deal...
Nevada February 2008 Bar Results are now available
Posted on April 29, 2008The State Bar of Nevada has posted the unofficial February 2008 bar pass list. The unofficial pass rate is 57%. Congratulations to the new admittees.
Comm. on Judicial Ethics issues decision
Posted on April 29, 2008The Standing Committee on Judicial Ethics and Election Practices has issued a decision in a matter concerning Family Court candidate Brigid Duffy. The complaint was filed by her opponent, Maria Maskall. In Decision 08-1, the Committee considers whether a candidate is eligible for district court office under NRS 3...
In the news
Posted on April 29, 2008Voter ID law upheld. LATimes 4/29/08 From Chief Prosecutor to Critic at Guantanamo. Washington Post 4/29/08 Ex-prosecutor calls war tribunals tainted. LATimes 4/29/08 Ex-prosecutor tells of push by Pentagon on detainees. NYTimes 4/29/08 Texas: man cleared of murder after 27 years...
Daskas drops out of congressional race
Posted on April 28, 2008Former Clark County prosecutor Robert Daskas has announced that he is dropping out of the 3rd District race against Jon Porter. Jon Ralston provides the text of Daskas's press release: "Citing family considerations, Robert Daskas has announced his decision to withdraw his candidacy for Nevada's Third Congressional District...
Leg. Commission on Courts of Chancery meets 4/29
Posted on April 28, 2008The Legislative Commission's Subcommittee to study the benefits, costs and feasibility of the implementation of Courts of Chancery in Nevada will meet on April 29 at noon. The agenda is available here.
New IOLTA rules are effective May 1
Posted on April 28, 2008ADKT 419, which amends Supreme Court Rule 217 and converts the IOLTA program from an opt-out program to a comprehensive program, will be effective as of May 1, 2008.
Judicial Ethics opinion issues re: Muni Ct campaigns
Posted on April 28, 2008The Standing Committee on Judicial Ethics and Elections Practices has issued Opinion JE08-005. The issue presented is: May a candidate for municipal court judge solicit and receive contributions for his or her re-election campaign beginning on a date within 120 days before the primary election but prior to the date upon which an opposition candidate files a declaration of candidacy? The answer is "yes...
9th Circuit offers standards of review manual
Posted on April 28, 2008Via Appealing in Nevada, the Ninth Circuit provides a Standards of Review, current as of September 2006, which may be helpful to appellate and habeas practitioners.
In the news
Posted on April 28, 2008Supreme Court upholds photo ID law for voters in Indiana. Washington Post 4/28/08 Exonerated ex-inmates struggle. Washington Post 4/28/08 Scalia opens up on '60 Minutes' Washington Post 4/27/08 Now free to speak his mind, an ex-mayor is doing so...
Weekend news
Posted on April 26, 2008These boots are made for prison. LA Times 4/26/08 California takes lead on DNA crime-fighting technique. LA Times 4/26/08 Justice -- finally, and just barely -- is served. LA Times 4/26/08 DA barred from abused woman's appeal in 1982 murder case...
Nevada judges and journalists attend workshop
Posted on April 25, 2008From the Nevada Supreme Court: "A group of Nevada judges and journalists -- headed by Supreme Court Justice Nancy Saitta -- will be joining similar groups from four other states for a courts and media workshop sponsored by the National Judicial College in Reno...
In the news
Posted on April 25, 2008Three NYC detectives acquitted in Bell shooting death. Washington Post 4/25/08 3 detectives acquitted in Bell shooting. NYTimes 4/25/08 Wesley Snipes sentenced to 3 years in prison. LATimes 4/25/08 Sentences reducedfor 3,000 cocaine inmates. NYTimes 4/25/08 Pellicano's co-defendants accused of supporting roles in his scheme...
Nevada Supreme Court issues open meeting opinion
Posted on April 24, 2008In Attorney General v. Nevada Tax Comm'n, the Nevada Supreme Court, in an en banc opinion authored by Justice Hardesty, concludes that the Tax Commission was wrong in hearing an appeal by Southern California Edison in closed session. The Tax Commission was limited to closing a portion of its session at shich it received confidential evidence and heard argument on that confidential information...
In the news
Posted on April 24, 2008Texas 911 calls linked to 33-year-old in Colo. Washington Post 4/24/08 Woman linked to phone number in polygamy abuse report. LATimes 4/24/08 After Court ruling, states to proceed with executions. Washington Post 4/24/08 In New York, offenders' ankle bracelets trigger alarms when they get too close to victims...
DAs urge Court to reject standards for high quality representation
Posted on April 23, 2008For the most part I keep posts on this blog fairly neutral and free from my opinions. This is not one of those posts. The opinions reflected here are my own and do not necessarily reflect the views of the NACJ Board or other members, though if they do not agree with the crux of the post they probably should be ousted from the organization...
Boston Legal goes to the Supreme Court
Posted on April 23, 2008Last night's episode of Boston Legal included a fairly amazing, even if a tad bit on the fantasy end of the spectrum, speech to the US Supreme Court, before actors who look very much like the real justices. The topic was last week's oral argument on whether states may have the death penalty for a defendant who is convicted of raping, but not killing, a child...
DoC seeks tenant for Jean Prison
Posted on April 23, 2008The Nevada Department of Corrections has issued a notice of its intention to lease the Southern Nevada Correctional Center in Jean Nevada. The attributes of the facility are described. The property will be available on July 1, 2008. Photos are provided but the expected lease price is not.
In the news
Posted on April 23, 2008Inmate count in U.S. dwarfs other nations'. NYTimes 4/23/08 Up with the new: a second center city for Las Vegas. NYTimes 4/23/08 Three-count indictment in Nevadaricin case. NYTimes 4/23/08 Editorial, Cruel and Unusual History. NYTimes 4/23/08 Supreme Court hears Los Angeles case on a killer's right to confront his victim...
Supreme Court issues 4th Amendment decision
Posted on April 23, 2008This morning the US Supreme Court issued a decision in Virginia v. Moore. Justice Scalia authored the majority opinion and was joined by seven other justices. Justice Ginsburg authored an opinion concurring in the judgment. The defendant was arrested for the misdmeanor offense of driving on a suspended license...
Supreme Court hears argument in confrontation case
Posted on April 22, 2008This morning the US Supreme Court heard argument in Giles v. California. The case concerns the admissibility of testimonial statements from a witness whose death was caused by the defendant. Scotusblog's summary of the case is available here. Transcripts of the argument are available here...
In the news
Posted on April 22, 2008Ex-Justice official is charged in corruption inquiry in connection with Jack Abramoff. LATimes 4/21/08 Detains allege being drugged, questioned. Washington Post 4/22/08 Black widow freed because oops, no murder. Slate 4/22/08 Appellate Argument: An artist's view...
Swearing-In Ceremony scheduled for May 5
Posted on April 21, 2008From the State Bar of Nevada: "The Nevada Supreme Court has scheduled the spring swearing-in ceremony for new applicants to the bar for May 5, 2008. The ceremony will take place at the Supreme Court Building in Carson City, Nevada, at 3:30 p.m. The First Judicial District Bar Association and the Washoe County Bar Association will host a reception immediately following in the second-floor rotunda...
In the news
Posted on April 21, 2008Guantanamo commute is a real trial. LATimes 4/21/08 Few clear wins in US anti-terror cases. Washington Post 4/21/08 From DNA of family, a tool to make arrests. Washington Post 4/21/08 DNA tests offer deeper examination of accused. Washington Post 4/21/08 More convicted felons allowed to enlist in Army, Marines...
8th JD District Court Vacancy Announced
Posted on April 21, 2008From Chief Justice Gibbons: "Following the retirement of the Honorable Gerald W. Hardcastle, the Commission on Judicial Selection is now accepting applications for the position of Judge in the Eighth Judicial District Court, Family Division, Department D...
Supreme Court grans cert on sentencing case
Posted on April 21, 2008This morning the United States Supreme Court granted certiorari in Chambers v. United States. The case presents the question of whether a failure to report to prison that leads to a conviction for escape can be the basis for enhanced sentencing under the Armed Career Criminal Act...
Weekend news
Posted on April 20, 2008Smith: Charlie Waterman helped Democrats follow their hearts with passion. LVRJ 4/20/08 Mitchell: Sealing everything in sight. LVRJ 4/20/08 Inmate's appeal alleging coercion denied. LVRJ 4/19/08 Police make arrest in Vegas strip club shooting...
Oral argument recordings available
Posted on April 18, 2008Audio recordings are available for this week's oral arguments. Criminal cases include the following: Hernandez v. State - concerning whether notice is required prior to trial of the State's intent to use a transcript of prior testimony based upon the unavailability of a witness, also addresses whether prosecutors should be sworn when declaring that a witness is unavailable...
In the news
Posted on April 18, 2008Democractic leader, lawyer Waterman dies of heart attack. LVRJ 4/18/08 LA's top federal prosecutor accused of setting quotas. LATimes 4/18/08 Capital punishment common sense. LATimes 4/18/08 Justice Stevens renounces capital punishment. NYTimes 4/18/08 Editorial: Whose privilege? NYTimes 4/18/08 Copper theft leaves Las Vegas streets dark...
Nevada Supreme Court issues 2 decisions
Posted on April 17, 2008Please disregard this morning's post in which I said that there were no opinions today. The Court varied from its typical morning release of opinions and issued two opinions this afternoon. Buzz Stew LLC v. City of N. Las Vegas - "In this appeal, we examine whether a landowner may assert a cause of action for precondemnation damages that arise when a municipality announces its intent to condemn a parcel of land and then unreasonably delays instituting an eminent domain action...
RIP Charlie Waterman
Posted on April 17, 2008Sad news. John Ralston reports on his Ralston Flash that defense attorney Charlie Waterman has died after suffering a heart attack. Charlie served as the Clark County Democratic Party Chairman and worked as a criminal defense attorney in Las Vegas for many, many years...
In the news
Posted on April 17, 2008Supreme Court finds lethal injections a humane means of execution. LATimes 4/17/08 Justices uphold lethal injection procedure. Washington Post 4/17/08 The Capital Gang: The Supreme Court jump-starts the machinery of death. Dahlia Lithwick Slate 4/16/08 In reversal, Stevens says he opposes death penalty...
Position available on Judicial Selection Commission
Posted on April 16, 2008From the State Bar of Nevada: "Due to the announced retirement of the Honorable Gerald W. Hardcastle, the Nevada Commission on Judicial Selection has begun the process to fill the vacancy in the Eighth Judicial District Family Court, Department D. Pursuant to Article 6, Section 20, of the Constitution of the State of Nevada, the appointment of a temporary member appointed by the State Bar of Nevada to serve for the purpose of filling this vacancy is necessary...
In the news
Posted on April 16, 2008Supreme Court upholds executions by lethal injection. LATimes 4/16/08 Supreme Court upholds use of lethal injection. Washington Post 4/16/08 Supreme Court allows lethal injection for execution. NYTimes 4/16/08 Dick Cheney need not testify in wrongful arrest lawsuit...
US Supreme Court issues 2 other decisions in criminal cases
Posted on April 16, 2008In addition to the opinion in Baze v. Rees, which is noted below, the US Supreme Court also issued decisions today in Begay v. U.S. and Burgess v. U.S. In Begay the Court held, in a 6-3 decision, that drunk driving is not a "violent felony" for the purposes of an enhanced prison sentence under the Armed Career Criminal Act...
US Supreme Court hears argument on death penalty for child rape
Posted on April 16, 2008The US Supreme Court heard argument this morning in Kennedy v. Louisana. The case presents the issue of whether a state may impose the death penalty for a person convicted of raping a child. Scotusblog provides details and links to the briefs of the parties and amicus.
Supreme Court says lethal injection o.k.
Posted on April 16, 2008Scotusblog reports that the United States Supreme Court has issued a ruling in which it finds that use of lethal injections is not unconstitutional. There were several opinions with a vote of 7-2 for the result. The opinion in Baze v. Rees is available here...
In the news
Posted on April 15, 2008Lawyers may get millions more for courthouse fight. LV Sun 4/15/08 Fiscal consequences: Costly court decision rehearing urged. LVRJ 4/15/08 Court to review gaming tax boost. LVRJ 4/15/08 Police: No evidence 'Buffalo' Jim was killed. LVSun 4/15//08 Editorial: A question of credibility...
In the news
Posted on April 14, 2008Gun case puts focus on law. LVRJ 4/14/08 Counties differ on weapons privacy. RGJ 4/14/08 Fallon man charged with 265 counts of child pornography possession. Nevada Appeal 4/13/08
Weekend news
Posted on April 13, 2008In brief (re: Mirch disbarment). LVRJ 4/12/08 Morrison: Tempest in teapot, maybe, but candidate should expect ethics complaint (re: Kephart campaign for Dept. 10). LVRJ 4/12/08 High profile Henderson case: police shooting justifiable. LVRJ 4/12/08 Addiction trips up former top cop...
In the news
Posted on April 11, 2008Family sues prison system over dead inmate. RGJ 4/11/08 Police give up plans for prison. LVRJ 4/11/08 Officer involved shooting in Henderson. Witnesses testify woman had knife. LVRJ 4/11/08 Haunting testimony, many firsts. LVSun 4/11/08 Editorial: Camera shy...
Survey help wanted
Posted on April 10, 2008The State Bar of Nevada, Clark County Bar Association and Washoe County Bar Association are asking for help with an anonymous survey concerning professionalism within the practive of law in Nevada. The results will be shared at the 4th Annual Professionalism Summit, which will be held in Reno on April 23 and Las Vegas on April 24.
Del Vecchio files motion to stay judicial discipline proceedings
Posted on April 10, 2008Judge Nicholas DelVecchio has filed a motion to stay judicial discipline proceedings pending resolution of a related civil action that was filed in the Eighth Judicial District Court. The 21 page document provides his general responses to the allegations filed against him in a complaint by the Judicial Discipline Commission and includes a copy of the civil complaint...
Coroner's Inquest Live
Posted on April 10, 2008The District Attorney's Office will begin presenting evidence at 9:00 a.m. concerning the shooting death of Deshira Selimaj. She's the ice cream truck driver shot by Henderson Police on February 12, 2008. LasVegasNOW and Las Vegas One - Channel 19 will have the entire proceeding live starting Thursday morning at 9 a...
In the news
Posted on April 10, 2008Rule would free low-risk inmates early. LVRJ 4/10/08 Judge denies claims of abuse, declares he loved accuser. LVRJ 4/10/08 Gibbons, legislators OK more cuts. LVRJ 4/10/08 Plan takes $350 more million from budget. RGJ 4/10/08 Prison official: Tougher sex offender laws creating extra costs...
Advisory Comm. on Admin. of Justice meets at Prison on Monday
Posted on April 09, 2008The Advisory Commission on the Administration of Justice will hold its next meeting on Monday, April 14, 2007 at 1:00 p.m. at the High Desert State Prison in Indian Springs. The meeting will be videoconferenced to Carson City and the State Office Building in Las Vegas and may be viewed via the internet at the Legislature's website...
In the news
Posted on April 09, 2008A life of honor, one day at a time. LA Times 4/9/08 A divide between Pellicano witnesses. LATimes 4/9/08 In Justice shift, corporate deals replace trials. NYTimes 4/9/08 Court files detail claims of sect's 'pattern' of abuse. NYTimes 4/9/08 Hung jury in case of noted coroner, but he'll be retried...
Oral argument mp3s now available
Posted on April 08, 2008Audio recordings are now available for oral arguments that took place before the Nevada Supreme Court yesterday and today. The arguments in criminal cases were: Fergusen v. State - competency determination Jones v. State - death penalty habeas The arguments in civil cases were: Baldonado v...
In the news
Posted on April 08, 2008Justices conduct hearing on 'competency court.' LVRJ 4/8/08 At Justice, new pressure to release documents. Washington Post 4/8/08 Focus on raid in Texas was living out of state. NYTimes 4/8/08 Ex-lawmaker is sentenced to prison. NYTimes 4/8/08 Challenges arise to border fence project...
In the news
Posted on April 07, 2008I had oral argument this morning, thus the late posting: 400 kids taken from polygamist compound. NYTimes 4/7/08 Editorial: Another test for habeas corpus. NYTimes 4/7/08 "Buffalo" Jim found dead in hotel room. LVSun 4/7/08 What's in a name? LVSun 4/7/08 Nevada's sex offender law being reviewed...
Weekend news
Posted on April 05, 2008Family of Henderson ice cream truck driver killed by police files lawsuit. LVRJ 4/5/08 Fraud case echoes in court. LVRJ 4/5/08 Texas polygamist compound sealed off by troopers. LATimes 4/5/08 52 girls are taken from polygamist sect's ranch in Texas...
Nev. Sup. Court oral argument calendar: April 17
Posted on April 04, 2008Thursday, April 17, 2008 48854 PRO-BROKERS, INC. VS. MUHLENBERG 9:30 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 49501 IN RE: PHILLIP MICHAEL T., A MINOR 10:00 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 49533 MOSELEY VS...
Juvenile Justice Subcommittee to meet
Posted on April 04, 2008The Legislature's Advisory Commission on the Administration of Justice's Subcommittee on Juvenile Justice will hold a meeting on Monday, April 7 at 9 a.m. at Room 4401 of the Grant Sawyer Office Building in Las Vegas. The meeting will be videoconferenced to Carson City and Reno and may be viewed live over the internet at the Legislature's website...
In the news
Posted on April 04, 20082 groups to help defend detainees at Guantanamo. NYTimes 4/4/08 Editorial: There were orders to follow. NYTimes 4/4/08 Police bust alleged under-age prostitution ring. KVBC 4/3/08 Discipline Commission hearing for Judge Halverson delayed. LasVegasNow 4/3/08 Mineral courthouse awarded a grant...
New Mexico court strikes death penalty - no $
Posted on April 04, 2008Death Penalty Information Center reports the following: "In a potentially far reaching ruling, a trial judge in New Mexico has barred the state from seeking the death penalty because the legislature has failed to provide adequate funding for defense representation...
In the news
Posted on April 03, 2008Freedom eludes many crack inmates. LATimes 4/3/08 Death row inmate is set free. LATimes 4/3/08 Post-9/11 memo indicates view around constitution. Washington Post 4/3/08 Lawyers fight DNA samples gained on sly. NYTimes 4/3/08 Yoo Talkin' to Me? Dahlia Lithwick, Slate 4/2/08 ACLU talks with Ely State Prison inmates...
Nevada Supreme Court oral argument calendar: April 16
Posted on April 03, 2008Wednesday, April 16, 2008 47435 HERNANDEZ (EMMANUEL) VS. STATE 10:00 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 47438 MAKARIAN VS. RED ROCK DENTAL, LLC 10:30 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 48603 LOZANO (PASQUEL) VS...
Nev. Supreme Court issues decision on weapons enhancement & conspiracy instructions
Posted on April 03, 2008In Brooks v. State, the Nevada Supreme Court, in a 3-judge panel (Hardesty, Parraguirre and Douglas) decision, reverses the defendant's conviction and orders a new trial based upon the failure to the district court (Judge Mosley) to give jury instructions proffered by the defense...
Nev. Supreme Court orders hearing on 8th JD competency determinations
Posted on April 03, 2008The Nevada Supreme Court has scheduled a public hearing for Monday, April 7 at 3:00 pm concerning the procedures adopted by the Chief Judges of the Eighth Judicial District Court and the Las Vegas Township Justice Court regarding competency issues. The meeting will be held at the Court's Las Vegas chambers on the 17th Floor of the RGJ...
NACJ Board Meeting Today
Posted on April 02, 2008The Nevada Attorneys for Criminal Justice will hold its monthly board meeting today at noon at the Federal Public Defenders Office. Lunch will be provided.
Prison switches inmate telephone service provider
Posted on April 02, 2008The Department of Corrections is swtiching from Global Tel Link to Embarq during April for inmate telephone services. Details are available here.
Judicial Ethics Opinion Issued
Posted on April 02, 2008The Standing Committee on Judicial Ethics and Election Practices has issued Opinion JE08-004. The questions presented are: 1. Is a judge required to recuse from cases in which the judge's election opponent serves as attorney? 2. Is a judge required to recuse from cases in which another attorney from the opponent's firm serves as counsel for a party? The answer to both questions is "no...
In the news
Posted on April 02, 2008UNLV law school jumps in national ranking. LVSun 4/1/08 Hollywood wiretapping case: witness: private eyetalked of murder. LVRJ 4/2/08 Smith: activist and prison chief confront parole paradox in Nevada prisons. LVRJ 4/2/08 Memo: laws didn't apply to interrogators...
In the news
Posted on April 01, 2008As Jefferson ruling stands, prosecutors feel stymied. Washington Post 4/1/08 Judges can still punish acquitted defendants. LATimes 4/1/08 Supreme Court stays out of congressional search dispute. LATimes 4/1/08 Crime declines in Reno. RGJ 4/1/08 Editorial: Prison biomass plant deserves ongoing efforts to make it work...
Today at the US Supreme Court
Posted on March 31, 2008The United States Supreme Court begins its two week spring break today. Prior to the recess the Court issue one opinion (New Jersey v. Delaware, concerning water rights); granted certiorari in two non-criminal cases, Pleasant Grove City, Utah v. Summum (concerning a First Amendment challenge to privately donated monuments in a public park) and Ysura, Idaho Secretary of State v...
This week at the law school
Posted on March 31, 2008The UNLV Boyd School of Law presents the following this week: Wednesday, April 2nd 7:00 p.m. - Philip Pro Lectureship in Legal History presents Sarah Barringer Gordon and Kathryn Daynes and their lecture on Convictions: Prosecutors and Polygamists in Ninteeth Century Utah...
Death Penalty Update
Posted on March 31, 2008Headlines from the Death Penalty Information Center: Studies: "Prosecutorial Discretion and Capital Punishment in Missouri Maryland approves death penalty study commission Georgia rejects non-unanimous jury verdicts proposal U.S. Supreme Court exempts Texas courts from World Court ruling After two Supreme Court reversals, Texas man sentenced to life Posts from Capital Defense Weekly: Two notable state supreme court opinions on the right to privacy VHAC update Presumed guilty Scott Panetti on remand The Eleventh Circuit paints a dim picture of life in the lower federal courts The hidden costs of the death penalty: California Abu Jamal v...
In the news
Posted on March 31, 2008Judge Elizabeth Halverson courts trouble in Las Vegas. LA Times 3/31/08 Editorial: the political specter at Justice. NYTimes 3/31/08 Court won't rule on search case. Washington Post 3/31/08 Editorial: A day in Court denied. Washington Post 3/31/08 Workers who can't stand the smell in justice center get union's attention...
Weekend news
Posted on March 29, 2008It's the 'hood or Mom: Helping gangbangers choose. LVSun 3/29/08 Hamilton gets death penalty. RGJ 3/29/08 Lawyer defined, judge rules. LVRJ 3/29/08 Retrial for lawyer Gage to begin May 27. LVRJ 3/29/08 Editorial: Appointing judges - it's a tough sell...
Afternoon update
Posted on March 28, 2008Streaker sentenced for running past cheerleaders in Nevada. Nevada Appeal 3/28/08 More bad economic news for Nevada. Nevada Appeal 3/28/08 I-Team obtains incident report connected to fight at courthouse. Las Vegas Now 3/18/08 Continuing education for Nevada prisoners...
Nevada Supreme Court April Calendar
Posted on March 28, 20083 Thu Opinion Release 7 Mon En Banc Argument 8 Tue En Banc Conference 8 Tue En Banc Argument 9 Wed Panel Conference 10 Thu Opinion Release 10 Thu Panel Conference 11 Fri Specialty Court Funding Commission 16 Wed Panel Argument 17 Thu Opinion Release 17 Thu Panel Argument 18 Fri Panel Argument 22 Tue EB Conference 24 Thu Opinion Release 24 Thu Panel Conference 30 Wed Bar Admissions Ceremony
In the news
Posted on March 28, 2008Nevada's parole backlog growing. Nevada Appeal 3/27/08 Parole board feeling crunch. LVRJ 3/28/08 Nevada court: 'comped' casino food not taxable. Nevada Appeal 3/27/08 Hamilton lawyers focus on mental illness. RGJ 3/28/08 Schizophrenia linked to rare, often unique genetic glitches...
Judicial Election 2008: the websites
Posted on March 27, 2008Candidate websites update. If you know of any others, please comment below or send an email to jonell ~~at~~jonellthomas.com~~dot~~com. Linda Bell, 8th JD Department 7 candidate Josh Kunis, 8th JD Department 8 candidate Jessie Walsh, 8th JD Department 10 incumbent and candidate Chris Davis, 8th JD Department 14 candidate Donald Mosley, 8th JD Department 14 incumbent and candidate Elizabeth Halverson, 8th JD Department 23 incumbent and candidate Stefany Miley, 8th JD Department 23 candidate (you tube video) Greta Muirhead, 8th JD Family Court Department I candidate Kenneth Pollock, 8th JD Family Court Department K candidate Mat Harter, 8th JD Family Court Department N candidate Thomas Kurtz, 8th JD Family Court Department Q candidate Melissa Saragosa, Las Vegas Justice Court, Dept...
Mumia decision available
Posted on March 27, 2008As noted below, the US Court of Appeals for the Third Circuit issued an opinion today in Mumia Abu-Jamal v. Horn. The Court denied Mumia a new trial but affirmed the grant of a new penalty hearing based upon a jury instruction issue. The opinion is available here.
In the news
Posted on March 27, 2008Hamilton prosecutors press for deathpenalty. RGJ 3/27/08 Hardcastle says he'll quit bench. LVRJ 3/27/08 Supreme Court commission approves plan to change how judges are chosen. LVRJ 3/27/08 Editorial: illegal search. LVRJ 3/27/08 Gaming sets scope on club deals...
Nev. Sup. Ct. issues decisions
Posted on March 27, 2008The Nevada Supreme Court issued a few decisions today: Sparks Nugget v. State of Nevada ex rel. Department of Taxation. It concerns a sales and use tax refund issue on a matter concerning complimentary patron and employee meals. In the Matter of the Orpheus Trust - addressing a special trustee's power over pincipal and income accrued before the special trustee's appointment...
Congratulations Boyd School of Law
Posted on March 26, 2008Via Wild Wild Law, the UNLV Boyd of School of Law has moved up in the law school rankings in US News from 100 last year to 88 this year. Above The Law provides a copy of list.
Oral Argument Calendar: Tuesday, April 8
Posted on March 26, 200848420 FERGUSEN (ANGELO) VS. STATE 10:00 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Full Court ) 49254 BOUCHER VS. SHAW (NRAP 5) 10:30 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Full Court ) 48429 ADAVEN MGMT. VS. MOUNTAIN FALLS 11:30 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Full Court )
In the news
Posted on March 26, 2008Judge's decision reversed: High court questions 'Downtown Initiative' LVRJ 3/26/08 Panel to review tough on crime effects. LVRJ 3/26/08 Jury finds Molina not guilty of sex charges. Lahontan Valley News 3/26/08 Cuts could bring layoffs. LVRJ 3/26/08 Legal eagles don't fly far from the coop...
LV Justice Court offers e-mail confirmations of counsel
Posted on March 25, 2008Las Vegas Justice Court now offers legal counsel the opportunity to notify the Court by e-mail when counsel has been retained in a criminal case. This does not apply to traffic cases. For convenience, a Notice of Confirmation of Counsel form has been uploaded to the website, http://www...
Oral argument calendar: Monday, April 7
Posted on March 25, 200847771 JONES (EDWARD) VS. STATE (DEATH PENALTY P/C) 10:00 AM 60 min Las Vegas Courtroom - 17th Floor En Banc (Full Court ) 49241 WYNN LAS VEGAS LLC VS. BALDONADO C/W 48831 11:00 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Unassigned ) 48831 BALDONADO VS...
In the news
Posted on March 25, 2008DA says cuts could collapse courts. RGJ 3/25/08 Juvenile sex offender laws muddy waters. LVSun 3/25/08 (AG) Opinion: Nevada's illegal immigrant hiring law won't work. Nevada Appeal 3/24/08 Are we too tough on crime? Nevada Appeal 3/25/08 Parole and probation chief resigns...
US Supreme Court rules on state criminal vs. international law/presidential powers
Posted on March 25, 2008The United States Supreme Court has issues a 6-3 decision in Medellin v. Texas. In a 6-3 opinion, authored by Chief Justice Roberts, the Court holds that neither a decision by the International Court of Justice or a Memorandum by the President was a directly enforceable binding federal law on Texas in its determination of whether the defendant was entitled to file a second, successive habeas petition...
Boyd School of Law presents 3 lectures this week
Posted on March 24, 2008The William S. Boyd School of Law will present three lectures this week: March 24 - Peace In the Desert: featuring Haleh Esfandiari, who will speak on "Iran-U.S. Relations: A View From Prison." March 25 - "Mass Atrocity and Traditional Dispute Resolution: The Rwandan and Ugandan Experiences" by Mark A...
Acquittal in murder case
Posted on March 24, 2008Congratulations to Clark County Special Public Defenders Randy Pike and Charlie Cano on obtaining a verdict of not guilty in a first-degree murder case. The verdict was returned late on Friday in the case of State v. Vantrease.
Article 6 Commission to Meet Wednesday
Posted on March 24, 2008The Nevada Supreme Court's Article 6 Commission will meet on Wednesday, March 26 at noon to consider several issues, including possible amendments to the Nevada Constitution. Agenda items include: * Whether to take positions on creation of an Intermediate Court of Appeals and Merit Selection of Judges * Judicial Performance Evaluations * The Commission on Judicial Discipline * Campaign Contribution Disclosures * Commission Membership and Possible Addition of a Supreme COurt Justice * Public Perception of the Judicial System * Review of Specialized Courts * Demographic Information to Help Determine Future Needs The meeting will take place in room 107 of the Supreme Court Library and the Court's chambers on the 17th Floor of the Regional Justice Center...
In the news
Posted on March 24, 2008It's a slow news day in Nevada, so here's some news from elsewhere: 1970s Radical Wrongly Set Free is Back in Prison. NYTimes 3/24/08 Sara Jane Olson rearrested. LATimes 3/23/08 Supreme Court takes on TV's dirty words. LATimes 3/22/08 White House: Computer hard drives tossed...
This week at the US Supreme Court
Posted on March 24, 2008The United States Supreme Court will hear oral arguments this week. Monday Burgess v. United States - what qualifies as a "felony drug offense" for felony sentencing purposes United States v. Clintwood Elkhorn Mining - tax refund and Tucker Act statute of limitations Riley v...
US Supreme Court grants cert. in 2 cases
Posted on March 24, 2008Via Scotusblog, he United States Supreme Court granted certiorari this morning in two cases: United States v. Hayes - Whether, to qualify as a "misdemeanor crime of domestic violence" under 18 USC 922(g)(9), the offense must have as an element a domestic relationship between the offender and the victim...
Weekend news
Posted on March 22, 2008Lawyer disbarred after conviction revealed. LVRJ 3/22/08 Indigent defense reforms delayed. LVRJ 3/22/08 Neighborhood's hue and cry directed at pink law office. LVRJ 3/22/08 Editorial: Indigent defense. LVRJ 3/22/08 Nevada court delays indigent defense reforms...
:( Nevada Supreme Court stays indigent defense order
Posted on March 21, 2008The Nevada Supreme Court has issued an order concernind ADKT 411, which addresses representation of indigent defendants in criminal and juvenile delinquency cases. The Court orders the following: The Indigent Defense Commission shall reconvene. The membership in the Indigent Defense Commission shall be expanded to include two representatives from the Nevada District Attorneys Association...
Advisory Committee on Administration of Justice to meet on Monday
Posted on March 21, 2008The Advisory Commission on the Administration of Justice's Subcommittee to Consider Issues Related to a Study of "Truth in Sentencing" will meet on Monday, March 24 at noon in room 3137 of the Legislative Building in Carson City. The meeting will be videoconferences to room 4412 of the Grant Sawyer Office Building in Las Vegas...
State Bar Board Nominations extended
Posted on March 21, 2008The State Bar of Nevada has changed its dates for nominations to its Board of Governors. Nominations may now be submitted from March 20 to April 12. An updated form is available.
Death Penalty updates
Posted on March 21, 2008Headlines from the Death Penalty Information Center: New Poll Finds Increase in Opposition to Death Penalty Events: The Legislative Abolition of the Death Penalty in New Jersey Supreme Court Strikes Down Conviction of Death Row Inmate Because of Bias in Jury Selection New Voices: US Attorney General Opposes Death Sentences in Military Commission Trials Georgia Supreme Court Denies New Trial to Death Row Inmate with Innocence Claim New Resources: Native Americans and the Death Penalty Study Reveals Maryland Pays $37 Million Per Execution Posts from Capital Defense Weekly: An oldie but goodie on eyewitness testimony (video) Lingering doubt One last look at Snyder Race still matters in jury selection Death penalty study bill looks to pass in Maryland Losses in the heart of old Dixie New scholarship on charging decisions A key rehearing Poll numbers
In the news
Posted on March 21, 2008Evidence found at Detective's home. KTNV 3/20/08 Ricin officer tested for trace amounts in blood. LVSun 3/21/08 Court rules governments must subsidize retired workers' health insurance. LVSun 3/20/08 Nevada high court reverses ruling on health insurance...
Nevada Supreme Court issues one opinion
Posted on March 20, 2008Public Employees' Benefits Prog. v. LVMPD In an en banc opinion authored by Justice Hardesty, the Court reverses a district court decision concerning a local government employers' obligation to subsidize health insurance premiums of their retirees who choose to participate in the State Public Employees' Benefit Program...
Nevada Supreme Court denies Halverson writ
Posted on March 20, 2008Yesterday the Nevada Supreme Court entered an Order Denying Petition for Writ of Mandamus or Prohibition in Halverson v. Nevada Commission on Judicial Discipline. The Court finds that Halverson's due process rights were not violated and that "she has articulated no prejudice other than speculative damage to her reelection campaign, which is not the type of interest that is protected by by due process...
And now for something pretty much unrelated
Posted on March 20, 2008A moment of personal indulgence, which is for the most part unrelated to criminal law: As noted previously, I joined the Special Public Defender's Office a few months ago. My private practice office space is available and in need of a tenant or two...
In the news
Posted on March 20, 2008Killer of Carson teen loses 7th try at reduced sentence. Nevada Appeal 3/19/08 Legal wizards enjoy their annual Ely conference. Ely Times 3/19/08 A little late, witness in 'show and tell' figure's trial recants his testimony. LVSun 3/20/08 Escaped Nevada inmate captured in Oklahoma...
In the news
Posted on March 19, 2008Nevada court hears clashing pleas on indigent defense reforms. Nevada Appeal 3/18/08 Court urged to rethink public defender order. LVRJ 3/19/08 Fraud, conspiracy trial: Gage case results in mistrial. LVRJ 3/19/08 Open government: Finances web site coming...
US Supreme Court overturns death sentence in race-based challenge case
Posted on March 19, 2008The United States Supreme Court issued a decision this morning in Snyder v. Louisiana. In a 7-2 decision authored by Justice Alito, the Court held that a Louisiana death sentence should be overruled because the trial judge committed clear error in ruling on the defendant's objection to a prosecution peremptory challenge, which the defendant argued was based on race...
Mistrial declared in Gage case
Posted on March 18, 2008The Las Vegas Sun reports that a mistrial has been declared in the federal trial of lawyer Noel Gage following approximately one week of deliberations.
Nevada Supreme Court to hold meeting on indigent defense today
Posted on March 18, 2008At 3:00 p.m. today the Nevada Supreme Court will hold a public meeting concerning ADKT, which addresses representation of indigent defendants in criminal and juvenile delinquency cases. The meeting will be held in Carson City and video conferenced to the Court's chambers in Las Vegas, on the 17th floor of the Regional Justice Center...
Audio of DC v. Heller oral argument is now available
Posted on March 18, 2008An audio recording of this mornings oral arguments re: the Second Amendment and whether it protects an individual's right to possess guns will be available soon from C-SPAN. (posted at 9 am pacific time)
In the news
Posted on March 18, 2008Report: $42.5M for specialty courts could keep thousands out of prison. Nevada Appeal 3/18/08 Charges against Jeffs may dwindle. LVRJ 3/18/08 Brother: Ricin not meant to harm others. LVRJ 3/18/08 Editorial: Big day at high court. LVRJ 3/18/08 Boggs faces more campaign finance scrutiny...
CLE opportunities
Posted on March 17, 2008NACDL Making Sense of Science - April 4th and 5th in Las Vegas Warriors for the Defense: Trial techniques from the Masters. May 1-4, New York Sculpting the Winning Case on Cross-Examination. July 30 - August 2nd - Milawaukee Making the Case for Life, Sept...
In the news
Posted on March 17, 2008Court dress and attitude in sentencing. Lahontan Valley News 3/16/08 Drug sniffing dog proposal still being discussed by school district. Lahontan Valley News 3/15/08 Courthouse's first floor renovated for new justice court. Lahontan Valley News 3/15/08 After 21 years on hold, she's read for life...
This week at the US Supreme Court
Posted on March 17, 2008The US Supreme Court is back from its break and is scheduled to hear several interesting arguments this week: Monday Republic of the Philippines v. Pimentel - concerning the assets of former Philippine President Ferdinand Marcos Rothgery v. Gillespie County - The petitioner was arrested and brought before a magistrate judge who informed petitioner of the accusation against him, found probable cause that he had committed the offense based on a police officer's sworn affidavit, and committed him to jail pending trial or the posting of bail...
Supreme Court grants cert. in 8 cases
Posted on March 17, 2008The United States Supreme Court granted certiorari in 8 cases this morning. All of the cases will be heard next term. Several cases present questions concerning criminal law: Melendez-Diaz v. Massachusetts - whether the Confrontation Clause is violated where a prosecutor offers a crime lab report as evidence in a criminal trial, instead of the live testimony of the expert who prepared the report...
In the news, part I
Posted on March 14, 2008I'm back (kicked off the jury panel of a federal murder case by a peremptory challenge - I'm not certain, but I think it was the government). So here's the news from the last three days (part I): Nevada regulators fine jail phone company $100,000. Nevada Appeal 3/14/08 Death sentence upheld in Vegas bar slaying...
Nevada Supreme Court issues opinions in 3 criminal cases
Posted on March 13, 2008In State v. Lewis, the Court, sitting en banc, dismisses the State's appeal after concluding that the State does not have a right to appeal from an order of the district court granting a presentence motion to withdraw a guilty plea. In Dozier v. State, the Court sitting en banc with Justices Maupin and Cherry dissenting, affirms the dismissal of a post-conviction petition for a writ of habeas corpus...
In the news
Posted on March 11, 2008The value of trust. Lahontan Valley News 3/11/08 (re: community work by inmates) Editorial: Undermining the public trust. LVRJ 3/11/08 (re: Judicial Discipline proceedings) Supreme Court overturns district court on murder case. LVSun 3/10/08 Gibbons may support criminal charges...
Posting to resume after jury duty
Posted on March 11, 2008I've been summoned to jury duty in federal court for a trial beginning on Wednesday, March 12. I imagine the odds are slim that I will be selected, but who knows as the attorneys may discover that I could be the ideal juror. I don't know if the case is criminal or civil, or if it will last a day or 8 weeks, or if I will be ousted as a potential juror within the first 5 minutes, but I do know that I am going to refrain from reading newspapers until my service is over so Harmful Error will be post-free until my return.
Nevada Supreme Court to hold hearing on stay of indigent defense policy
Posted on March 10, 2008On March 18th, at 3:00 p.m., the Nevada Supreme Court will hear from Pershing County, Humboldt County, Judge Wagner, Washoe County and any other interested parties concerning Pershing County's and Humboldt County's motions to set aside the Court's order concerning representation of indigent defendants; Judge Wagner's petition to exempt the Sixth Judicial District Court from the order; and Washoe County's letter seeking relief from the order...
In the news
Posted on March 10, 2008FBI, metro and AG serve clinic search warrants. LVSun 3/10/08 Judicial Commission: Judges punished in private. LVRJ 3/10/08 Simpson trial now set for September. LVRJ 3/8/08 Judge upholds O.J. Simpson charges, delays trial. Nevada Appeal 3/7/08 Nevada court rejects bid for lethal injection review...
In the news
Posted on March 07, 2008Lawsuit filed over inmate care in Nevada prisons. Elko Daily 3/6/08 NNCC inmates moved to ease overcrowding. RGJ 3/7/08 Smith: mistrial sets back high-profile meth distribution case for third time. LVRJ 3/7/08 Court denies bid for disbarred attorney to be reinstated...
Oral argument recording available in Morales v. State
Posted on March 06, 2008An audio recording of this morning's oral argument in Morales v. State is now available at the Nevada Supreme Court's website. Morales, who is represented by Christopher Oram on appeal, argued that the trial should have been continued; the prosecutor violated the 5th Amendment by asking the defendant why he did not tell a detective that he was not guilty; the State violated the defendant's rights by eliciting testimony from a detective that one witness was telling the truth and another was lying; the court erred in allowing evidence of prior bad acts; and the State impermissibly asked about a polygraph examination...
Oral argument recording available in Robles v. State
Posted on March 06, 2008An audio recording of this morning's oral argument in Robles v. State is now available at the Nevada Supreme Court's website. Robles, who is represented by John Momot on appeal, argued that he was deprived of his right to cross-examine a witness during the penalty phase, denied his right to cross-examine about a guilt phase witness's prior convictions and benefit of not being adjudicated a habitual criminal, and denied his right to present evidence of a 911 call that supported the defense...
ACLU files lawsuit re: Ely Prison medical care
Posted on March 06, 2008The ACLU's National Prison Project has filed a lawsuit against the Ely State Prison based upon the callous disregard of prison officials concerning medical care of inmates. A description of the lawsuits, a podcast of an interview of the mother of a deceased inmate, a podcast with the Associate Director of the National Prison Project, and a podcast with a Staff Attorneys from the ACLU's Capital Punishment Project are available at the ACLU's website...
Nevada Supreme Court issues opinions - all civil
Posted on March 06, 2008In re Tiffany Living Trust 2001 - "In these consolidated appeals, we consider whether an attorney, whose law firm partner prepares an estate plan for a client who names the attorney as a beneficiary, has overcome the presumption of undue influence. We further consider whether violations of the Nevada Rules of Professional Conduct afford a private right of action...
In the news
Posted on March 06, 2008Ely State Prison: lawsuit to be filed over inmate care. LVRJ 3/6/08 Rizzolo in halfway house blocks from club he owned. LVSun 3/6/08 State, feds pummel programs for poor. LVSun 3/6/08 Kickback case claims presented. LVRJ 3/6/08 Morrison: Beauty regimen, epiphany, testimony will not spark respect for surgeon...
Oral argument recording available in Wheeler v. State
Posted on March 05, 2008An audio recording of this morning's oral argument in Wheeler v. State is now available at the Nevada Supreme Court's website. This is a Washoe County case which presents the issue of whether NRS 200.485 should apply, rather than NRS 200.481, in cases of domestic battery causing substantial bodily harm...
Clark County DA warns of problems with ODV testing of meth
Posted on March 05, 2008Assistant District Attorney Christopher Lalli has issued a Memorandum concerning problems with ODV testing of methamphetamine. He reports that the DA's Office was informed by Metro that the ODV field test for methamphetamine gives a positive reaction for a substance (isopropylbenzylamine) that is not methamphetamine and is not a controlled substance...
5 positions open on State Bar Board of Governors
Posted on March 05, 2008The State Bar of Nevada will have five positions open in 2008. Four positions are for Clark County and one position is for Washoe County. Nominations open March 29 and close April 12. The nomination form is available on-line.
NACJ Board Meeting Today
Posted on March 05, 2008The Nevada Attorneys for Criminal Justice will hold its monthly board meeting today at noon at the Federal Public Defenders Office (Bonneville and Las Vegas Blvd). All members are welcome to attend.
In the news
Posted on March 05, 2008Judge to hear lawyer's request to withdraw Mack's guilty plea. RGJ 3/5/08 Washoe jail reveals $18 million expansion. RGJ 3/5/08 Halverson hearing scheduled for April. LVRJ3/5/08 Reno police: DNA mixup doesn't change serial rapist probe. Nevada Appeal 3/4/08 Disease scare adds to glut of lawyer ads on local TV...
Oral argument recording available in Rubio v. State
Posted on March 04, 2008An audio recording of this morning's oral argument in Rubio v. State is now available at the Nevada Supreme Court's webside. The case concerns a claim by the appellant that she should have been allowed to withdraw her plea of guilty where her plea agreement was not in Spanish and she did not speak English, her attorney did not personally review her plea agreement with her but instead relied upon a court interpreter to give advice about the plea agreement, and the interpreter provided erroneous advice about the immigration consequences of the plea.
Afternoon update
Posted on March 04, 2008The Las Vegas Review Journal reports that the Nevada Supreme Court has upheld the convictions of Sandy Murphy and Rick Tabish for conspiracy, burglary and grand larceny based upon the removal of $7 million in silver from Ted Binion's underground vault in Nye County...
Four stays issued in competency matters
Posted on March 04, 2008By Howard Brooks Over the past week, the Nevada Supreme Court has issued four stays of proceedings in four cases involving competency issues. Right to Review Reports In State v. Christopher John Scarbo, District Court Case No. 240375, and State v...
In the news
Posted on March 04, 2008Killer to get new trial. LVSun 3/4/08 (re: Leonard Hill) Gibbons, new chief pledge to fix agency. LVRJ 3/4/08 Conspiracy, fraud trial: Surgeon tells of 'stupidity, greed.' LVRJ 3/4/08 Smith: Immunity deal keeps Venger safe from prison, but it can't save his reputation...
Oral argument recording available in City of Las Vegas v. District Court
Posted on March 03, 2008An audio recording of this morning's oral argument in City of Las Vegas v. District Court (Meunier) is now available at the Nevada Supreme Court's website. The case presents the issue of whether District Court Judge Adair manifestly abused her discretion in finding NRS 33...
Oral argument previews
Posted on March 03, 2008The Nevada Supreme Court will hold oral arguments this week. Based upon the captions, it appears that there are four or five criminal cases. Today at 1:30, the Court, sitting en banc, will hear argument in City of Las Vegas v. District Court (Meunier)...
In the news
Posted on March 03, 2008Swift justice, so long as you're not waiting for the elevator. LVSun 3/3/08 Highway Patrol having trouble tracking its things, audit finds. LVSun 3/3/08 Deal close on wiretap law, a top Democrat tells CNN. NYTimes 3/3/08 Illinois weighs second changes...
Weekend news
Posted on March 02, 2008Drug-dog proposal draws ire of ACLU. Lahontan Valley News 3/2/08 ACLU cautions Churchill school board about drug-sniffing policy. Nevada Appeal 3/1/08 Auditors: One-third of Nevada sex offenders did not get timely assessments. Lahontan Valley News 3/1/08 Parole and probation: Public's safety at risk: audit...
In the news
Posted on February 29, 2008Prison crowding targeted in state. RGJ 2/29/09 Heller seeks funding for DNA analysis. RGJ 2/29/09 Man in critical condition after ricin find in room at Vegas motel. Nevada Appeal 2/29/08 Nevada inmate pleads not guilty in judge slaying plot case...
Shameful
Posted on February 28, 2008It's been my intention for awhile to post photos of bad attorney ads and to post videos of bad attorney commercials, but I haven't figured out the plug-ins and other things (like writing briefs) tend to get in the way of my quest to conquer blogging. I wish I had devoted a couple of hours to this though as I would really, really like to post a youtube video as it may be one of the most shameful things I've encountered from a Las Vegas criminal defense attorney...
Pew report features Nevada incarceration issues
Posted on February 28, 2008As noted below in the "In the news" post, the Pew Center on the States has issued a report: One in 100: Behind Bars in America 2008. The report makes several references to Nevada incarceration issues and discusses AB 510 and the Legislature's effort to deal with sentencing issues...
Nevada Supreme Court issues 2 civil opinions
Posted on February 28, 2008Nevada Classified Sch. Emp. Ass'n v. Quaglia - "In this appeal, we consider whether a corporate bylaw is invalid when it contravenes the voting requirements of the corporation's articles of incorporation. We conclude that a corporation's bylaw is void to the extent that it is inconsistent with the corporation's articles of incorporation...
In the news
Posted on February 28, 20081 in 100 US adults behind bars, new study says. Adam Liptak, NYTimes 2/28/08 Jury: Loncar not guilty. Elko Daily 2/28/08 Defense attorney: 'End the madness': Evans says no proof of murder presented. Elko Daily 2/27/08 Asthma or murder: DA closes arguments with chilling theory...
In the news
Posted on February 27, 2008Washoe County to seek special legislative session (re: Indigent Defense Commission order on performance standards). RGJ 2/27/08 A look behind Reno's White Curtain. RGJ 2/27/08 Judge told own up to donations. LVRJ 2/27/08 Dealer in Simpson case sues memorabilia broker...
In the news
Posted on February 26, 2008Court upholds death sentence in murder of grandparents. Nevada Appeal 2/26/08 Smith: Halverson, Del Vecchio cases show open season on court staff is over. LVRJ 2/26/08 Nevada high court overturns convictions in Angelil extortion case. Nevada Appeal 2/25/08 Korean couple's extortion convictions rejected...
Nevada Supreme Court oral arguments - 1st week of March
Posted on February 25, 2008Monday, March 3, 2008 47763 HAMM VS. ARROWCREEK HOMEOWNERS ASS'N 10:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 45518 IN RE: PARENTAL RIGHTS AS TO BERGERON C/W 47678 10:30 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 47678 IN RE: PARENTAL RIGHTS AS TO BERGERON C/W 45518 10:30 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 47761 CITY OF BOULDER CITY VS...
In the news
Posted on February 25, 2008State's new US attorney settles into role. RGJ 2/25/08 New rules: court begins unsealing records. LVRJ 2/25/08 Vegas man's case a test for lethal injections. LVSun 2/25/08 (includes story on an unpublished order of the Nevada Supreme Court overturning the convictions for extortion of Yun Sung and Ae Kwon...
US Supreme Court grants cert on 3 cases
Posted on February 25, 2008Via Scotusblog, the United States Supreme Court granted certiorari on three cases this morning. In Arizona v. Gant the Court will consider the test for police authority to seach a car after an arrest and securing the scene. The issue presented is "Does the Fourth Amendment require law enforcement officers to demonstrate a threat to their safety or a need to preserve evidence related to the crime of arrest in order to justify a wwarrantless search incident to arrest conducted a vehicles's recent occupants have been arrested and secured?" In Chrones v...
Weekend news
Posted on February 24, 2008Ex-official's appeal to be heard at UNLV. LVSun 2/24/08 Judge sues his assailant. LVRJ 2/24/08 Weller files suit against Darren Mack in 2006 shooting. RGJ 2/24/08 Nevada judge sues man over courthouse shooting. Nevada Appeal 2/23/08 Smith: Doctor testifying in medical malpractice fraud case makes sleaze stylish...
In the news
Posted on February 22, 2008High court reverses drug conviction for defendant who represented himself. Nevada Appeal 2/22/08 Loncar murder trial: DA questions another pathologist. Elko Daily 2/21/08 Judge won't exclude death penalty for suspect in Sparks teen's death. RGJ 2/22/08 In trial, beleaguered lawyer's team fights a photo...
Later
Posted on February 22, 2008Brief due today . . . blogging to resume later this morning or this afternoon.
Nevada Supreme Court finds Faretta violation
Posted on February 21, 2008The Nevada Supreme Court issued one opinion today. In Hooks v. State, the Court (Justices Gibbons, Maupin and Cherry) find that the district court did not adequately canvass the defendant regarding his waiver of his right to counsel under Faretta v. California...
In the news
Posted on February 21, 2008Hospital contracts: Ex-UMC boss hears charges. LVRJ 2/21/08 Indictment says UMC chief made no-work deals. LVSun 2/21/08
Judicial Discipline Commission files answer on delay issue
Posted on February 20, 2008The Nevada Commission on Judicial Discipline has filed an Answer to Judge Halverson's Emergency Petition for a Writ of Prohibition, or in the alternative a Writ of Mandamus. The Commission contends that it has not unnecessarily delayed the proceedings against Halverson, that it has conducted its investigative and adjudicative proceedings in a proper manner, and that Halverson has been afforded due process.
In the news
Posted on February 20, 2008Smith: Judge's innovation engineers state's progressive approach to drug abuse. LVRJ 2/20/08 Disciplinary charges against judge: Panel fires back on Halverson's claims. LVRJ 2/20/08 In brief. LVRJ 2/20/08 Grumpy Young Men. Dahlia Lithwick, Slate 2/19/08 Most state DA's silent on death-penalty reasoning...
US Supreme Court rules on retroactivity issue
Posted on February 20, 2008The United States Supreme Court issued five decisions this morning, one of which concerns criminal law. Scotusblog summarizes and provides links to the civil cases (Rowe v. New Hamphshire Motor, Preston v. Ferrer, Riegel v. Medtronic and LaRue v. DeWolff, Boberg & Associates)...
UNLV law school tuition to double?
Posted on February 19, 2008Via Wild Wild Law, In Business reports that there is a plan to double tuition at the Boyd School of Law.
Supreme Court grants cert. on suppression issue
Posted on February 19, 2008http://www.scotusblog.com/movabletype/archives/07-513_cert_rep.pdfThe US Supreme Court granted certiorari in four cases today, and agreed to hear an original case between Wyoming and Montana. Only one of the four cases concerns a criminal law issue. In Herring v...
In the news
Posted on February 19, 2008Mack lawyer files new motion on pleas. AP 2/19/08 Mack asks judge to reconsider sentence, plea withdrawals. RGJ 2/19/08 Editorial: Crowded Courts. LVSun 2/19/08 DA wants to use code to target drugs, gangs. Nevada Appeal 2/19/08 Panel seeks testimony on Ashcroft deal...
Weekend news
Posted on February 18, 2008Courtroom: Break for lunch, see ya tomorrow. LVSun 2/17/08 Search warrant affidavit: Pistol found in Mack's getaway vehicle. RGJ 2/18/08 No one to blame but Mack himself. RGJ 2/18/08 Defendant in Halloween party murder case won't face death penalty...
In the news
Posted on February 15, 2008No sign of a struggle: Detective, neighbor testify in murder trial. Elko Daily 2/14/08 ACLU challenges new iniative petition rules. Nevada Appeal 2/15/08 Judicial survey participation rises. LVRJ 2/15/08 Former strip club owner arrested. LVRJ 2/15/08 Bush appeals to Justices on detainees case...
House holds Harriet Miers & Josh Bolten in contempt
Posted on February 14, 2008The House voted to hold former White House counsel Harriet Miers and presidential chief of staff Josh Bolten in contempt for failing to cooperate with an inquiry into whether a purge of federal prosecutors, including former Nevada US Attorney Dan Bogden, was politically motivated.
Court Administration issues statement re: Judge Del Vecchio
Posted on February 14, 2008Court Administration has issued the following statement: "The Eighth Judicial District Court appreciates the concern many have expressed about the recent allegations of misconduct by Family Court Judge Nicholas Del Vecchio. Based on the allegations, many have asked why the court has not moved to suspend the judge or remove him from the bench...
In the news
Posted on February 14, 2008Loncar murder trial opens (former West Wendover fire captain in which the pathologist concluded that the deceased died of a rapid onset asthma attack). Elko Daily 2/13/08 Ely tribal police and county sheriff have unique relationship. Ely Times 2/13/08 Prison camp escapee nabbed after week on run...
Judicial Discipline Commission takes new action in Halverson case
Posted on February 13, 2008The Nevada Commission on Judicial Discipline has enteed an Order Directing Executive Director to Respond on Behalf of the Commission on Judicial Discipline to the Nevada Supreme Court's Order To Answer Petition for Extraordinary Writ Relief Filed byRespondent and Order Establishing Record Pertaining to Non-Public Proceedings.
Del Vecchio Judicial Discipline Complaint
Posted on February 12, 2008At last, the Judicial Discipline Commission complaint against Family Court Judge Nicholas Del Vecchio is now available on-line.
In the news
Posted on February 12, 2008Sex allegations: Caseload could be stripped. LVRJ 2/12/08 Board approves usuing drug-sniffing dogs in school district. Lahontan Valley News 2/12/08 Drug testing students might spread beyond Green Valley. LVSun 2/12/08 Local legal professionals explain the necessity of plea bargains...
Advisory Comm. on Administration of Justice meets today
Posted on February 11, 2008The Advisory Commission on the Administration of Justicee meets this morning, February 11, at 9:00 a.m. in rrom 4100 of the Legislative Building in Carson City and Room 4401 of the Grant Sawyer Building in Las Vegas. Audio and video live broadcasts are available...
In the news
Posted on February 11, 2008Fear and loafing: order in the court (bailiff). LVRJ 2/11/08 Jailed strip club owner to get closer to home. LVSun 2/11/08 Prosecutor to fill Toy Gregory's seat on municipal court. LVSun 2/11/08 Keeping on the straight, narrow: Probationers, parolees get 'wake-up call' Elko Daily 2/8/08
Not guilty verdict in capital case
Posted on February 11, 2008Congratulations to Bret Whipple and Kristina Wildeveld on a verdict of not guilty on the charge of first degree murder for their client Kenneth Counts. Counts was facing the death penalty on this charge. The trial ended on Friday, February 8. For some reason, the local media missed this one...
Court Admin upset over Judicial Discipline delay
Posted on February 11, 2008KLAS-TV reports on the 18-month delay by the Nevada Judicial Discipline Commission in filing a complaint against Family Court Judge Del Vecchio. The report includes comments by Eighth Judicial District Court Administrator Chuck Short about the enormous delay in this case...
No criminal charges against Del Vecchio
Posted on February 11, 2008The Associated Press reports that the Clark County District Attorney's Office is not considering criminal charges against Family Court Judge Del Vecchio based upon the allegations contained in a complaint against him by the Nevada Judicial Discipline Commission...
Weekend news
Posted on February 10, 2008Clark County judge accused of sexual misconduct. LVRJ 2/10/08 Behind closed doors: 20 years supporting state's highest court. Nevada Appeal 2/10/08 Teen charged with threats made online. LVRJ 2/9/08 Trial set for March 31: Two charges against Boggs dropped...
Afternoon update
Posted on February 08, 2008The Las Vegas Review Journal reports that Judge Mosley has dismissed two felony counts against former Clark County Commissioner Lynette Boggs. The Las Vegas Sun has also addressed issues concerning the case. The Reno Gazette Journal reports that Judge Herndon has sentenced Darren Mack to the maximum term permissible under his plea agreement.
In the news
Posted on February 08, 2008Killer says wife pointed gun, stabbing was in self defense. LVRJ 2/8/08 Reno prosecutor seeks maximum sentence for Mack. Nevada Appeal 2/8/08 Victim's family hears tale of Charla's death. RGJ 2/8/08 Suspect negotiates plea deal. LVRJ 2/8/08 Fleiss booked on DUI, drug charges in Parhump...
Very serious charges against local judge
Posted on February 08, 2008Via an anonymous tip (with much thanks), KLAS-TV reports the following: "A family court judge is being accused of having a sexual relationship with a 14-year-old girl. Judge Nicholas Del Vecchio has been on the bench since 2001, and is currently a member of the court's Domestic Violence Task Force...
9th Circuit practioners: notice re electronic notifications
Posted on February 07, 2008Ninth Circuit Blog explains that starting on March 3, 2008, the Ninth Circuit will provide electronic notification by email of any actions that the Circuit takes on you case. Additional details are available at Ninth Circuit Blog.
Nevada Supreme Court issues one opinion
Posted on February 07, 2008The Court issued just one opinion today: Pankopf v. Peterson. Something to do with construction defect - I stopped reading after the first line.
In the news
Posted on February 07, 2008ACLU and NDOC still at odds. Ely Times 2/6/08 Sentencing hearing begins for Mack. RGJ 2/7/08 Supreme Court denies Mack's petition to block Thursday sentencing. Nevada Appeal 2/7/08 Ex-Miss Nevada USA jailed on driving, resisting police charges. Nevada Appeal 2/6/08 Morrison: Judge will make sure government has a case in doctor conspiracy trial...
In the news
Posted on February 06, 2008Cash pours in to clear DNA backlog. RGJ 2/6/08 'Mafia cop' pleads guilty in Las Vegas tax case. RGJ 2/6/08 So far, all drug tests negative. LVSun 2/6/08 You can't be sure who you may find in the judges' elevator at the courthouse. LVSun 2/6/08 Man guilty in hit man hiring case...
Afternoon update
Posted on February 06, 2008Darren Mack filed a writ petition and an emergency motion with the Nevada Supreme Court and requested that the Court stay his sentencing hearing which is scheduled for tomorrow. As could easily be predicted, the Court said no to both the writ and the motion for stay...
In the news
Posted on February 05, 2008County: Help us in hunt for DNA RGJ 2/5/08 Welcome to the bench, here are a bunch of problems. LVSun 2/5/08 Kidnap drama in Carlin. Elko Daily 2/5/08 Bankruptcy protection: Company files for Chapter 7. LVRJ 2/5/08 (re: former candidate for sheriff Jerry Airola) Lawyers get surveys to evaluate county, high court jurists...
In the news
Posted on February 04, 2008Mack case lifts veil on lawyers' sacred secrecy. RGJ 2/4/08 Sister dead and tarnished, brother pushes for truth. LVSun 2/4/08 Federal government stands in the way of a state-run medical marijuana distribution. Nevada Appeal 2/4/08 Morrison: Judges get around pay inequity by serving on library commissions...
Las Vegas Sun examines Judge Mosley's campaign expenses
Posted on February 03, 2008The Las Vegas Sun reports that District Court Judge Donald Mosley will not recuse himself from presiding over former Clark County Commission Lynette Bogg's criminal case, even though similar accusations have been leveled against him. Boggs has been indicted on charges that she illegally spent $1,200 in campaign money to employ a nanny...
The week ahead
Posted on February 03, 2008As noted below, the Nevada Supreme Court will hold oral arguments in Las Vegas this week. The Boyd School of Law will present Getting it Wrong: What Happens When our Criminal Justice System Convicts an Innocent Person, on February 7 from 4 to 6 pm in the moot court auditorium NACJ will conduct its monthly board meeting at noon on Wednesday at the Federal Public Defender's Office Darren Mack will be sentenced in Reno on February 7th or 8th...
Death Penalty Update
Posted on February 03, 2008From Sentencing Law and Policy: Could Nebraska become the next state to repeal its death penalty? 2/3/08 Scotus grants last-minute execution stay in Alabama 1/3/108 Headlines from Capital Defense Weekly: Proportionality review: Florida Supreme Court strikes down death sentence Physicians and executions Japan: attempting to liquidate its death row? stay in 'bama Caseloads: SC Supremes issue a warning In other news Asking for abuse Another man cleared by DNA in Dallas
2 candidates leave races
Posted on February 03, 2008January 31st was the final deadline for judicial election candidates to withdraw their notices of candidacy. Two candidates in Clark County pulled out: Michael Root, who was challenging Judge Herndon, and Mark Karris, who was opposing Eric Goodman for Justice Court Department 11...
Weekend news
Posted on February 03, 2008Nevada judge denies defense motion to stay Mack's sentencing. Daily Sparks 2/1/08 Hansen acquitted of all charges. Lahontan Valley News 2/2/08 Ex-Chamber of Commerce leader acquitted in shootout. LVRJ 12/3/08 Mizpah Hotel fire appeal rejected. RGJ 2/3/08 O...
In the news
Posted on February 01, 2008DOC baord rejects ACLU demands. Ely Times 1/31/08 Budget cuts won't threaten ESP jobs. ElyTimes 1/31/08 Thank you. Now go to hell. Dahlia Lithwick. Slate 1/30/08 O.J. seeking dismissal of six charges in Vegas armed robbery case. RGJ 2/1/08 Editorial: Answering the Question...
Nevada Supreme Court issues 2 opinions
Posted on January 31, 2008The Nevada Supreme Court issued two opinions today. In Cote H. v. District Court, the Court declines to intervene by way of extraordinary relief after concluding that NRS 201.230(1), which defines the offense of lewdness with a minor under the age of 14, can be used to adjudicate as delinquent a minor under the age of 14...
In the news
Posted on January 31, 2008Boggs' spending will get second look. LVSun 1/31/08 Editorial: The White House Stalls. LVSun 1/31/08 Nevada law on court process for juveniles challenged. Nevada Appeal 1/30/08
Blog delay
Posted on January 30, 2008I have to finish a brief that is due today, so posting will be postponed until this afternoon. In the meantime, check out a few of these blogs as these folks usually have something of interest: Sentencing Law and Policy How Appealing Deliberations Talk Left and a relatively new Nevada legal gossip blog: Wild Wild Law
In the news
Posted on January 30, 2008Boggs: I've paid $15,940; Lawyer: I've not been paid. LVSun 1/30/08 Nevada judge responds to judicial panel complaint. Nevada Appeal 1/29/08 $207,985 theft will cost woman 10 weekends. Nevada Appeal 1/30/08 Mongol sentenced in slaying. LVRJ 1/30/08 Alarmist Clock...
In the news
Posted on January 29, 2008Moore resigns from sheriff's department. Elko Daily1/29/08 Former teen bride at center of Warren Jeffs trial writing a book. RGJ 1/29/08 A chance at a real life. LVSun 1/29/08 Police chief candidate no stranger to controversy. LVSun 1/29/08 Clark County judge to be censured for improper campaign donations...
Afternoon update
Posted on January 28, 2008The Las Vegas Review Journal reports that an agreement has been reached between the Judicial Discipline Commission and Judge Lee Gates. Under the proposed settlement, Judges Gates is to acknowledge that he made improper donations to JP Karen Bennett-Haron and Justice Michael Douglas; he is to attend at his own expense a course on ethics; and he is to issue a public apology...
Halverson seeks stay
Posted on January 28, 2008Judge Halverson has filed an emergency motion for stay of proceedings before the Nevada Commission on Judicial Discipline. She contends that all proceedings by the Commission should be stayed pending the Nevada Supreme Court's resolution of her petition for a writ of mandamus in which she challenges the Commission based upon its lengthy delay in filing formal charges against her.
Nevada Supreme Court oral arguments
Posted on January 28, 2008The Court's calendar for February 5th and 6th were posted last week. The Court will also hear argument on February 7th and 8th: Thursday, February 7, 2008 47737 ESTATE OF MAXEY VS. DARDEN 10:00 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 46821 VAUGHAN VS...
Nevada Supreme Court holds public meeting
Posted on January 28, 2008The Nevada Supreme Court has scheduled a Public Administrative Meeting for Tuesday, February 5, 2008, at 2:00 p.m. This hearing will be a continuation of the meeting held on December 14, 2007. On the agenda are proposed amendments to Supreme Court Rule 217 to convert the existing IOLTA "opt-out" program to a "comprehensive" program; possible amendments to the Nevada Short Trial Rules; and a general discussion concerning the Nevada Judicial Council...
In the news
Posted on January 28, 2008Morrison: Judges playing musical chairs could leave taxpayers, voters standing. LVRJ 1/28/08 Pathologist (Cyril Wecht) accused of profiting from office. NYTimes 1/28/08 Officer's arrests put spotlight on police use of informants. NYTimes 1/27/08 Vegas chapels' unholy hustle...
Weekend news
Posted on January 27, 2008Nevada Supreme Court panel overturns conviction in 2004 death of infant. LVRJ 1/27/08 In depth: Bill Boyd leaves his mark on UNLV law school. LVRJ 1/27/08 Risking Sanctions: 'Heavy Hitter' in tough spot. LVRJ 1/27/08 Murder-for-hire-plot: Inmate proclaimes innocence...
In the news
Posted on January 25, 2008Torvinen third to file for judge's seat. Elko Daily 1/23/08 Unneeded facility to be built anyway. LVRJ 1/25/08 Murder-for-hire plot: Private attorney assigned. LVRJ 1/25/08 Corruption draws consultant prison. LVRJ 1/25/08 Death penalty off table in U...
Nevada Supreme Court oral argument calendar
Posted on January 24, 2008Thursday, January 24, 2008 50281 PUBLIC EMPLOYEES' BENEFITS PROGRAM VS. L.V.M.P D. 11:30 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) Tuesday, February 5, 2008 47979 L.A. PACIFIC CENTER VS. HOTELS NEVADA 10:00 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Full Court ) 47844 TERRACON CONSULTANTS VS...
In the news
Posted on January 24, 2008Murder-for-hire plot: Inmate sought hit from jail, police say. LVRJ 1/24/08 Impeached witness brings Mariott trial to end. Elko Dailey 1/23/08 Charges filed in Tahoe tree removal. RGJ 1/24/08 Reid in hot seat over backing of spying bill. LVSun 1/24/08 In jail, TV is opiate of overcrowded masses...
Afternoon update
Posted on January 24, 2008The Las Vegas Review Journal reports that Donald Davidson received a sentence of 24 months in prison for convictions of conspiracy to commit wire fraud and five counts of wire fraud for trying to bribe then-Las Vegas City Councilman Michael McDonald. The Bureau of Probation and Parole had recommended a 63-month sentence...
Plot to kill judge alleged
Posted on January 23, 2008The Las Vegas Review Journal reports that authorities have uncovereda murder-for-hire plot targeting a District Court judge and a county prosecutor. According to the complaint, Daimon Hoyt hired a man, Edward Guiterrea, to kill District Court Judge Michelle Leavitte and prosecutor Sandra DiGiacomo...
Sentencing Project issues annual report
Posted on January 23, 2008Via Sentencing Law and Police, the Sentencing Project has issued a report, The State of Sentencing 2007. Sentencing reforms by the Nevada Legislature from the last session are featured prominently in the report.
In the news
Posted on January 23, 2008Reinstated judge to have alcoholism monitored. RGJ 1/23/08 Secretary's civil case against Mack unblocked. RGJ1/23/08 Davidson fraud case: many ask judge for leniency. LVRJ 1/23/08 'Heavy Hitter' swings, misses. LVRJ 1/23/08 (a must-read article) Justice orders response to judge...
Nevada Dept. of Corrections to hold meeting tomorrow
Posted on January 22, 2008The Board of Prison Commissioners will hold a meeting on Wednesday, January 23, 2008 in Carson City. It will be video conferenced to the Grant Sawyer Building. The proposed adminstrative regulations are available on-line.
In the news
Posted on January 22, 2008Attorney blames police for client's troubles after he was identified as robber in lineup. LVRJ 1/22/08 Attorney probe deepens. The Hill 1/22/08 (via Crooks and Liars) Padilla receives 17-year sentence. NYTimes 1/22/08 Less money, more pain and injustice by Chief of Police James Abbott...
Martin Luther King Day
Posted on January 21, 2008Someday I will figure out how to post videos, in the meantime check out these videos courtesy of the Law Librarian Blog.
Judicial Election 2008: the websites
Posted on January 21, 2008Several candidates already have websites, which are listed below. If you know of any others, please comment below or send an email to jonell ~~at~~jonellthomas.com~~dot~~com. Linda Bell, 8th JD Department 7 candidate Jessie Walsh, 8th JD Department 10 incumbent and candidate Chris Davis, 8th JD Department 14 candidate Elizabeth Halverson, 8th JD Department 23 incumbent and candidate Kenneth Pollock, 8th JD Family Court Department K candidate Mat Harter, 8th JD Family Court Department N candidate Thomas Kurtz, 8th JD Family Court Department Q candidate Melissa Saragosa, Las Vegas Justice Court, Dept...
Election 2008: Cash on hand
Posted on January 20, 2008Campaign Contributions and Expense Reports show that incumbents start their races with the cash on hand as follows: Nevada Supreme Court: Seat D - Mark Gibbons - $58,099 Clark County District Court Judges District Court Dept. 3 - Douglas Herndon - $160,167 (last report filed1/12/07) District Court Dept...
Not in the News: Butler receives life without
Posted on January 19, 2008There was no media coverage of the capital case of State v. Butler, which took place before Judge Leavitt for the last two weeks. The case was remanded by the Nevada Supreme Court for a new penalty hearing. Last night the jury returned verdicts of life without the possibility of parole for two murder convictions...
In the news
Posted on January 19, 2008Judicial office candidates on Clark County ballot. LVRJ 1/19/08 Nevada Supreme Court: LV lawyer files to face chief justice. LVRJ 1/19/08 Three more Nevada Supreme Court candidates. Nevada Appeal 1/19/08 97 candidates competing for judicial posts...
In the news
Posted on January 18, 2008Darren Mack: "I'm not insane" RGJ 1/18/08 Mack testifies in plea withdrawal hearing. Nevada Appeal 1/17/07 Suspended Halverson files for re-election. LVRJ 1/18/08 Fleeing to Mexico Thwarts Death Penalty. AP 1/18/08 (via Sentencing Law & Policy)
In the news
Posted on January 17, 2008Jon Stewart on the Nevada Supreme Court and Tuesday's debate. Daily Show 1/16/08 (video clip) Mack's ex-lawyer questioned. LVRJ 1/17/08 Court hearing: OJ endures scolding. LVRJ 1/17/08 Ex-lawyer: Mack said Constitution gave him the right to shoot judge...
Nevada Supreme Court orders answer from Judicial Discipline Commission
Posted on January 17, 2008Today the Nevada Supreme Court entered an order compelling the Nevada Judicial Discipline Commission to file an answer to an emergency petition for a writ of mandamus filed by District Court Judge Halverson. In its order the Court directs the Judicial Discipline Commission to explain why it could not have filed a complaint against her in a timely manner and why its delay does not effectively constitute a removal from office.
Nevada Supreme Court issues first decision of the year
Posted on January 17, 2008This morning the Nevada Supreme Court issued one decision: Lioce v. Cohen. The Court had previously issued an opinion in this case on December 28, 2006, but granted rehearing and substituted this new opinion. The case concerns attorney misconduct in closing arguments in a civil case, but is also worth review by those practicing criminal law.
In the news
Posted on January 16, 2008Witnesses say lawyers misled Mack about likely trial results. RGJ 1/16/08 Updates on the Mack hearing can be found at the RGJ's Darren Mack Blog. Nevada Supreme Court rules in Kucinch debate dispute. RGJ 1/16/08 Judge doubles OJ Simpson's bail. LVRJ 1/16/08 Taxpayers to pick up costs of investigators...
NBC v. Kucinich writ to Nevada Supreme Court available
Posted on January 15, 2008Okay, this may be a stretch in figuring out how this relates to criminal law (other than the fact that I'm attending the debate tonight along with another criminal defense attorney), but for those interested, NBC's emergency petition for a writ of prohibition to the Nevada Supreme Court is available on-line...
Mack hearing today
Posted on January 15, 2008Darren Mack's motion to withdraw his guilty plea will be heard today in Reno. The pleadingsare available online.
Nev. Sup. Ct. swears in new Clerk of the Court
Posted on January 15, 2008On January 8th, Tracie Lindeman was formally sworn in as the Clark of the Court for the Nevada Supreme Court. She succeeds Janette Bloom, who held the position since 1988.
In the news
Posted on January 15, 2008In protest, public defender withdraws panel member. LVRJ 1/15/08 Offsetting falling state revenues: Officials to shutter Jean prison. LVRJ 1/15/08 Policy on access to court documents discussed. LVRJ 1/15/08 Supreme Court orders candidate to pay up...
Judicial Election Watch 2008
Posted on January 14, 2008Today's new filings: If this information is wrong, or if someone else should be added to the list, please contact me at jonell ~~~ at ~~~ jonellthomas ~~~ dot ~~~ com or post a comment below. Nevada Supreme Court: Seat D - Mark Gibbons Seat B - Don Chairez, Deborah Schumacher Clark County District Court Judges District Court Dept...
In the news
Posted on January 14, 2008Taxpayers save, thanks to overtime crackdown. LVSun 1/14/08 Morrison: Initial here if you know who takes heat in doctor-lawyer malpractice case. LVRJ 1/14/08 Loreman files for seat on district court bench: Ely attorney to face imcumbent Memeo in Dist...
Weekend news
Posted on January 12, 2008Across America, Deadly Echoes of Foreign Battles. NYTimes 1/13/08 (featuring a Las Vegas case and Clark County deputy PD Nancy Lemcke). The article also includes a brief profile of a Nevada case from Sloan. Lawsuit over precincts in Nevada. NYTimes 1/13/08 Morrison: How many laws does a judge have to violate before removal? LVRJ 1/12/08 Sentencing in Darren Mack case delayed...
Simpson's bail revoked
Posted on January 11, 2008This is a tad on the tabloid side, but here it is: Report: Simpson's Bail Has Been Revoked. Fox 5 News reports that O.J. Simpson's bail was revoked this week and that he will be taken into custody today. The State motion to revoke bail is available here.
US Supreme Court grants cert in 4 cases
Posted on January 11, 2008The United States Supreme Court granted certiorari in four cases this afternoon. Scotusblog provides details on each: Davis v. Federal Election Commission Giles v. California Taylor v. Sturgell Enquist v. Or. Dept. of Agric. The only criminal case, Giles v...
Opening available for Judicial Selection Commission
Posted on January 11, 2008The Nevada State Bar notes that there is an opening on the Commission on Judicial Selection. The term will be January 1, 2008 to December 30, 2012. Applications are due February 15, 2008.
In the news
Posted on January 11, 2008Editorial: Maupin retires. LVRJ 1/11/08 Editorial: Nevada's new US Attorney. LVRJ 1/11/08 Judge delays Mack sentencing. RGJ 1/11/08 NV brothel owner ordered to show info. RGJ 1/11/08 FBI, failing to pay bills, loses wiretaps. NYTimes 1/11/08 Legal experts weigh death penalty reform...
Oral argument audio recordings available
Posted on January 10, 2008The Nevada Supreme Court heard oral argument in several criminal cases this week: McCellan v. State Gaines v. State Thomas v. District Court Diomampo v. State Walker v. State Chartier v. State Holden v. State Audio recordings of each of the arguments is available through the Nevada Supreme Court website.
In the news
Posted on January 10, 2008ACLU seeks national health care standards for Ely prison. Ely Times 1/10/08 District judge to run for state high court. RGJ 1/10/08 Court not hiring new justice of the peace. RGJ 1/10/08 Editorial: Pure arrogance. LVSun 1/10/08 Former city DA running for judge...
Chairez and Schumacher file for Supreme Court
Posted on January 09, 2008The Las Vegas Review Journal reports that former district court judge Don Chairez and current Washoe County district court judge Deborah Schumacher have filed notices of candidacy for the Nevada Supreme Court seat currently occupied by Justice Maupin...
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Can driving accident be cause for termination?
If your state is an at-will state, the company can fire you for any reason or fo...
Do I still have to pay a bill that arrived 3 years late? I bought a custom chair 3 years ago. I paid for half of the chair when I made the purchase ($450). They were going to send me a bill for the second half. I never r
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