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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 August 11, 2008
New 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, 2008
Monday 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, 2008
Halverson'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, 2008
This 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...


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In the news

Posted on August 08, 2008
Las 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, 2008
Background: 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, 2008
This 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, 2008
Huffington 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, 2008
Fishing 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, 2008
Deborah Schumacher Total Contributions: $317,740 (including $150,000 in loan to self) Total Expenses: $132,006


Details about campaign reports

Posted on August 06, 2008
Posted 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, 2008
Bruce 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, 2008
Kurt 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, 2008
Ian 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, 2008
Judicial 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, 2008
Jason 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, 2008
Laurie 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, 2008
Elissa Cadish Total Contributions: $78,793 Total Expenses: $34,842


Contributions and Expense: Dist. Court Dept. 25

Posted on August 05, 2008
Nicholas 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, 2008
Josh 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, 2008
Robert Spretnak Total Contributions: $1450 Total Expenses: $428


Contributions and Expenses: Supreme Court D

Posted on August 05, 2008
Candidate 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, 2008
Michelle 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, 2008
This 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, 2008
CNN provides live coverage of the Judicial Discipline proceedings against Judge Halverson.


In the news

Posted on August 05, 2008
Man 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, 2008
Via 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, 2008
This 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, 2008
Monday 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, 2008
Co-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...


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