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Criminal Law

Harmful Error 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, 2008
Justices 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, 2008
Fact 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, 2008
The 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, 2008
The 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...


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Nevada Elections: Dist. Ct. Dept. 17

Posted on October 08, 2008
Bruce 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, 2008
Chris 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, 2008
Supreme 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, 2008
Monday, 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, 2008
Kurt 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, 2008
No 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, 2008
The 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, 2008
The 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, 2008
Nevada'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, 2008
Judge 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...


Blog delay

Posted on October 02, 2008
Root canal, cannot blog on lortab, more posts tomorrow.


In the news

Posted on October 02, 2008
Judicial 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, 2008
Mr. 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, 2008
Judge 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, 2008
The 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, 2008
Via 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, 2008
Via 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, 2008
Jon 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, 2008
Ms. 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, 2008
Judge 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, 2008
Man 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, 2008
Mark 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, 2008
The 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, 2008
Monday, 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, 2008
Supreme 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, 2008
This 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...


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