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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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Halverson discipline hearing begins today

Posted on August 04, 2008
The 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, 2008
This 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, 2008
District 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, 2008
Judge 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...


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Nevada Supreme Court issues opinions

Posted on July 31, 2008
Hernandez 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, 2008
The 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, 2008
Strapped 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, 2008
Karl 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, 2008
Brigid 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, 2008
Don 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, 2008
Allan 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, 2008
Last 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, 2008
The 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, 2008
Parole 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, 2008
Ron 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, 2008
Judge 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, 2008
Monday 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, 2008
Term 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, 2008
Child 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, 2008
Death 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, 2008
Mathew 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, 2008
Ellen 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, 2008
In 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, 2008
In 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, 2008
In 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, 2008
Hallmark 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, 2008
In 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, 2008
Browning 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, 2008
Man 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, 2008
Jamie 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...


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