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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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Nevada Elections: Nevada Supreme Court Seat B

Posted on September 27, 2008
The general election is August 12. Harmful Error will be presenting information judicial races the next few weeks. We begin with Nevada Supreme Court Seat B. The Reno Gazette Journal provides a comparison of the two candidates. Mary "Kris" Pickering website - www...


In the news

Posted on September 26, 2008
CSN official faces felony charges. LVSun 9/26/08 Judge denies cocaine use claims. LVRJ 9/26/08 State government: savings methods devised. LVRJ 9/26/08 Witness: Riccio set Simpson up. LVRJ 9/26/08 Prosecutors plan to rest today in O.J. Simpson case...


Justice Alito opting out of the cert. pool

Posted on September 26, 2008
Via Sentencing Law and Policy, Adam Liptak of the New York Times reports that Justice Samuel Alito is joining Justice Stevens in declining to participate in the US Supreme Court's "cert. pool." For almost 20 years, eight of the nine justices on the Supreme Court have assigned their law clerks to a shared legal pool that considers whether certiorari should be granted in incoming cases.


Guidelines for Appointing Defense Counsel

Posted on September 26, 2008
Via pdstuff, the Brennan Center for Justice at New York University School of Law has published a 46 page report: Eligible for Justice: Guidelines for Appointing Defense Counsel. The report makes some sound recommendations concerning appointment of counsel for indigent defendants and for determining indigency.


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Public Interest Law Mixer

Posted on September 26, 2008
The law school's Public Law Interest Association will hold a mixer tonight at the Ice House, 650 South Main Street at 5:00. Attorneys are invited to meet with students.


Nevada Supreme Court issues 4 opinions in civil cases

Posted on September 25, 2008
We the People Nevada v. Secretary of State - "we conclude that NRS 295.056(3) impermissibly restricts the powers reserved to the people under Article 19 by establishing a submission deadline earlier than what is otherwise permitted by Article 19, Sections 2(4) and 3(2) of Nevada's Constitution and thereby directly inhibiting the initiative process...


In the news

Posted on September 25, 2008
Washoe judge says district attorney raises old case to help his opponent. RGJ 9/24/08 Grand jury indicts Halverson's spouse. LVRJ 9/25/08 FBI investigates corruption case. LVRJ 9/25/08 Witness says Simpson called for guns. LVRJ 9/25/08 Capital construction plan gets OK, goes to governor...


A small gripe about the Court's unpublished orders

Posted on September 25, 2008
I'm thrilled that the Court is now posting unpublished orders on its website. But . . . it's not very user friendly. First, it would make far more sense to place the links to the unpublished decisions under "decisions" rather than "court information" and then "documents...


In the news

Posted on September 24, 2008
Why wiretapping a reporter's calls endangers trust. LVSun 9/24/08 Gibbons seeks return to high court. Elko Daily 9/23/08 Halverson appears before grand jury. LVRJ 9/24/08 Jane 'Cordova' Doe trial starts. LVRJ 9/24/08 Porn mogul: check to casino was good...


In the news

Posted on September 23, 2008
Prison director offers justifications for closure of old state prison. Nevada Appeal 9/23/08 Corrections chief says two camps targeted to close. LVRJ 9/23/08 Death penalty: Maestas jury says she erred. LVRJ 9/23/08 Nevada panel reviews rules for preserving DNA evidence...


Oral Argument Calendar: October 6

Posted on September 23, 2008
Monday October 6th, 2008 10:00 AM -- IN RE: WILLIAM M., A MINOR C/W 48650 (48649) 10:00 AM -- IN RE: MARQUES B., A MINOR C/W 48649 (48650) 10:30 AM -- LANDRETH VS. MALIK (49732) 11:30 AM -- SHERIFF VS. BURCHAM (50026)


In the news

Posted on September 22, 2008
Judge no stranger to high-profile cases, TV cameras. LVRJ 9/22/08 Audio recordings highlight first week of O.J. Simpson trial. LVSun 9/22/08 Nevada high court makes available 'unpublished' rulings. RGJ 9/21/08 California prison guards' resolve is tested by Schwarzenegger...


This Week

Posted on September 22, 2008
Monday, September 22 - Advisory Commission on the Administration of Justice. You can listen or watch via the internet. Thursday, September 25 - Nevada Supreme Court opinion release day


Pics of DA boondoggle hotel room available

Posted on September 22, 2008
As noted here, the Clark County District Attorney's Office devoted substantial resources to creating a hotel room out of plywood in the basement of the Regional Justice Center. They did so in a relatively simple robbery case, even though such effort has not been seen in the most complex or significant cases...


OJ, the RJC & Judge Glass on SNL

Posted on September 21, 2008


Weekend news

Posted on September 21, 2008
In Nevada, lots of firearm arrests lead to few trials. LVRJ 9/21/08 Alleged medical conspiracy: move puts feds' case in doubt. LVRJ 9/20/08 Gun case against Jerry Lewis dismissed. Las Vegas Now 9/19/08 Judge in initiative case challenges conflict claim...


Aaaarrrrgggghhhh! Batten down the hatches!

Posted on September 19, 2008
Blow me down! DA Jolly David Roger needs to be wipped with cat o'nine tails or hung from the yardarm over his bilge-sucking decisions in the O.J. Simpson robbery trial. He's blowin' the County's booty on 14' x 23' replica hotel rooms in the courthouse dungeon and taking five weeks for a blimey trial, that in the case of the average bucko defendant would be given no more than a few days...


Avast! 'Tis the news

Posted on September 19, 2008
'Tis International Talk Like A Pirate Day Mateys! New state public defender named. LVRJ 9/19/08 Halverson to leave hospital, testify. LVRJ 9/19/08 Lockdown hell. LVSun 9/19/08 Jeffs team: Texas evidence inadmissible. LVRJ 9/19/08 Campaign finance laws earn Nevada grade of F...


Nevada Supreme Court issues 2 opinions

Posted on September 18, 2008
Mitchell v. State - The Court addresses five issues in this appeal from a judgment of conviction, entered pursuant to a bench trial, in which it affirms the judgment. Order for Compulsory Psychiatric Examination - "Mitchell argues that the district court violated his Fifth Amendment privilege against self-incrimination and his due process rights when it ordered him, over his motion, to undergo an independent psychiatric examination...


Nevada Supreme Court's unpublished orders now posted on its website

Posted on September 18, 2008
The Nevada Supreme Court has announced that it will make available unpublished decisions on its website. The orders will be posted on Thursdays and will be available for 90 days. They are located under Court Information/Documents.


In the news

Posted on September 18, 2008
5th District candidates have more reason to run. Pahrump Valley Times. 9/18/08 Letters frame debate over fed. center. Pahrump Valley Times 9/18/08 Convictions reinstated in 'Mafia cops' case. LVRJ 9/18/08 Dayton justice seeks remodel of Bluestone Building...


Proposed NRAP changes, a little at a time: NRAP 40, 40A, 41, 42 and 43

Posted on September 17, 2008
This is the fifteenth 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 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 Proposed changes to NRAP 28, 28...


Advisory Commission on the Administration of Justice meets Monday

Posted on September 17, 2008
The Advisory Commission on the Administration of Justice will hold a significant meeting on Monday, September 22 at 9 a.m. The Carson City meeting will be videoconferenced to Las Vegas at the Grant Sawyer Office Building. Bill draft requests will be the primary topic...


In the news

Posted on September 17, 2008
Stop! Stop! Stop! Judge has hands full with courtroom chaos. LVRJ 9/17/08 Smith: Gamble pays off in dismissal of wife's charges in counterfeiting case. LVRJ 9/17/08 Another killer takes a shot at selling her stuff. LVSun 9/17/08 O.J. Simpson trial tunes in to audio recording of Las Vegas incident...


Proposed NRAP changes, a little at a time: NRAP 36, 37, 38 and 39

Posted on September 16, 2008
This is the fourteenth 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 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 Proposed changes to NRAP 28, 28...


In the news

Posted on September 16, 2008
Las Vegas doctor facing charges loses job at jail. Nevada Appeal 9/16/08 Doctor loses job at jail. LVRJ 9/16/08 Testimony starts in Simpson trial. LVRJ 9/16/08 Simpson trial begins with different views of incident. LVSun 9/15/08 As Simpson robbery trial opens, motive is the focus...


Death Penalty CLE Opportunities

Posted on September 16, 2008
From Capital Defense Weekly: Life Over Death By:Florida Public Defender Association Sep 10 - Sep 13, 2008 Naples, FL Making the Case for Life XI By:National Association of Criminal Defense Lawyers Sep 25 - Sep 27, 2008 Biloxi, MS Annual Capital Seminar By:Oregon Criminal Defense Lawyers Association Oct 17 - Oct 18, 2008 Welches, OR Federal Death Penalty Strategy Session October 31-November 1, 2008 Phoenix, Arizona Capital Representation Seminar By:Utah Association of Criminal Defense Lawyers Nov 01, 2008 Salt Lake City, UT Annual Death Penalty Seminar By:Ohio Association of Criminal Defense Lawyers Nov 19 - Nov 21, 2008 Worthington, OH


Proposed NRAP changes, a little at a time: NRAP 32, 33, 34 and 35

Posted on September 15, 2008
This is the thirteenth 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 Proposed changes to NRAP 10, 11, 12 and 13 Proposed changes to NRAP 14, 21 and 22 Proposed changes to NRAP 23, 24, 25 and 25A Proposed changes to NRAP 26, 27 Proposed changes to NRAP 28, 28...


This Week

Posted on September 15, 2008
Thursday, September 18 Nevada Supreme Court opinion release day Friday, September 19 1:00 - Clark County Bar Association CLE. 5th Annual Ethical Issues: 10 More Things You Should Know.


In the news

Posted on September 15, 2008
Hardesty, Detention Changes Under Way. LVSun 9/13/08 Being accused shaped attorney. LVRJ 9/15/08 Morrison: Know-it-all bankruptcy judge tough on attorneys, law firms. LVRJ 9/15/08 Big decision after rape might get easier. LVSun 9/14/08 One arrested at Palin rally (aka Don't Take Your Drugs to a Political Function With a Metal Detector)...


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