Criminal Law

Nev. Sup. Ct. issues decision on residency of district court judge candidates

Posted on June 14, 2008
Late 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, 2008
Morrison: 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, 2008
The Commission on Judicial Discipline has now posted the Answer to Formal Statement of Charges that was filed by Judge DelVecchio on June 5th.

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Nevada Supreme Court issues 4 opinions

Posted on June 12, 2008
Diomampo 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, 2008
For 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, 2008
Taylor 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, 2008
9th 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, 2008
ACLU 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, 2008
Justice Department Official Awards $500,000 Grant to Golf Group. Well worth reading.

In the news

Posted on June 10, 2008
District 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, 2008
Did 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, 2008
Monday 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, 2008
Court: 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, 2008
The 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, 2008
Allison 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, 2008
Facing 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, 2008
The 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, 2008
Morrison: 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, 2008
On 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, 2008
ADKT 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, 2008
Audio 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, 2008
Wednesday, 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, 2008
Killer 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, 2008
Murder 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, 2008
From 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, 2008
I 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, 2008
Bodybuilders 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, 2008
Rezko 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, 2008
The 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.

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