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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 July 10, 2008
I-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, 2008
Death 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, 2008
Metro 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, 2008
Via 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.


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Oral argument calendar: Monday, July 14

Posted on July 08, 2008
Monday, 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, 2008
Trials' 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, 2008
The 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, 2008
Monday 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, 2008
Juror 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, 2008
Late 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, 2008
Nunnery 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, 2008
Halverson 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, 2008
Public 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, 2008
Applications 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, 2008
Judge 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, 2008
Last 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, 2008
The 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, 2008
The 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, 2008
The 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, 2008
Haunted 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, 2008
Tuesday 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, 2008
End 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, 2008
The 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, 2008
Convicted 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, 2008
The 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, 2008
It 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, 2008
It'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, 2008
Much 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, 2008
District 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, 2008
Justices 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)...


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