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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 January 24, 2008
Murder-for-hire plot: Inmate sought hit from jail, police say. LVRJ 1/24/08 Impeached witness brings Mariott trial to end. Elko Dailey 1/23/08 Charges filed in Tahoe tree removal. RGJ 1/24/08 Reid in hot seat over backing of spying bill. LVSun 1/24/08 In jail, TV is opiate of overcrowded masses...


Afternoon update

Posted on January 24, 2008
The Las Vegas Review Journal reports that Donald Davidson received a sentence of 24 months in prison for convictions of conspiracy to commit wire fraud and five counts of wire fraud for trying to bribe then-Las Vegas City Councilman Michael McDonald. The Bureau of Probation and Parole had recommended a 63-month sentence...


Plot to kill judge alleged

Posted on January 23, 2008
The Las Vegas Review Journal reports that authorities have uncovereda murder-for-hire plot targeting a District Court judge and a county prosecutor. According to the complaint, Daimon Hoyt hired a man, Edward Guiterrea, to kill District Court Judge Michelle Leavitte and prosecutor Sandra DiGiacomo...


Sentencing Project issues annual report

Posted on January 23, 2008
Via Sentencing Law and Police, the Sentencing Project has issued a report, The State of Sentencing 2007. Sentencing reforms by the Nevada Legislature from the last session are featured prominently in the report.


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In the news

Posted on January 23, 2008
Reinstated judge to have alcoholism monitored. RGJ 1/23/08 Secretary's civil case against Mack unblocked. RGJ1/23/08 Davidson fraud case: many ask judge for leniency. LVRJ 1/23/08 'Heavy Hitter' swings, misses. LVRJ 1/23/08 (a must-read article) Justice orders response to judge...


Nevada Dept. of Corrections to hold meeting tomorrow

Posted on January 22, 2008
The Board of Prison Commissioners will hold a meeting on Wednesday, January 23, 2008 in Carson City. It will be video conferenced to the Grant Sawyer Building. The proposed adminstrative regulations are available on-line.


In the news

Posted on January 22, 2008
Attorney blames police for client's troubles after he was identified as robber in lineup. LVRJ 1/22/08 Attorney probe deepens. The Hill 1/22/08 (via Crooks and Liars) Padilla receives 17-year sentence. NYTimes 1/22/08 Less money, more pain and injustice by Chief of Police James Abbott...


Martin Luther King Day

Posted on January 21, 2008
Someday I will figure out how to post videos, in the meantime check out these videos courtesy of the Law Librarian Blog.


Judicial Election 2008: the websites

Posted on January 21, 2008
Several candidates already have websites, which are listed below. If you know of any others, please comment below or send an email to jonell ~~at~~jonellthomas.com~~dot~~com. Linda Bell, 8th JD Department 7 candidate Jessie Walsh, 8th JD Department 10 incumbent and candidate Chris Davis, 8th JD Department 14 candidate Elizabeth Halverson, 8th JD Department 23 incumbent and candidate Kenneth Pollock, 8th JD Family Court Department K candidate Mat Harter, 8th JD Family Court Department N candidate Thomas Kurtz, 8th JD Family Court Department Q candidate Melissa Saragosa, Las Vegas Justice Court, Dept...


Election 2008: Cash on hand

Posted on January 20, 2008
Campaign Contributions and Expense Reports show that incumbents start their races with the cash on hand as follows: Nevada Supreme Court: Seat D - Mark Gibbons - $58,099 Clark County District Court Judges District Court Dept. 3 - Douglas Herndon - $160,167 (last report filed1/12/07) District Court Dept...


Not in the News: Butler receives life without

Posted on January 19, 2008
There was no media coverage of the capital case of State v. Butler, which took place before Judge Leavitt for the last two weeks. The case was remanded by the Nevada Supreme Court for a new penalty hearing. Last night the jury returned verdicts of life without the possibility of parole for two murder convictions...


In the news

Posted on January 19, 2008
Judicial office candidates on Clark County ballot. LVRJ 1/19/08 Nevada Supreme Court: LV lawyer files to face chief justice. LVRJ 1/19/08 Three more Nevada Supreme Court candidates. Nevada Appeal 1/19/08 97 candidates competing for judicial posts...


In the news

Posted on January 18, 2008
Darren Mack: "I'm not insane" RGJ 1/18/08 Mack testifies in plea withdrawal hearing. Nevada Appeal 1/17/07 Suspended Halverson files for re-election. LVRJ 1/18/08 Fleeing to Mexico Thwarts Death Penalty. AP 1/18/08 (via Sentencing Law & Policy)


In the news

Posted on January 17, 2008
Jon Stewart on the Nevada Supreme Court and Tuesday's debate. Daily Show 1/16/08 (video clip) Mack's ex-lawyer questioned. LVRJ 1/17/08 Court hearing: OJ endures scolding. LVRJ 1/17/08 Ex-lawyer: Mack said Constitution gave him the right to shoot judge...


Nevada Supreme Court orders answer from Judicial Discipline Commission

Posted on January 17, 2008
Today the Nevada Supreme Court entered an order compelling the Nevada Judicial Discipline Commission to file an answer to an emergency petition for a writ of mandamus filed by District Court Judge Halverson. In its order the Court directs the Judicial Discipline Commission to explain why it could not have filed a complaint against her in a timely manner and why its delay does not effectively constitute a removal from office.


Nevada Supreme Court issues first decision of the year

Posted on January 17, 2008
This morning the Nevada Supreme Court issued one decision: Lioce v. Cohen. The Court had previously issued an opinion in this case on December 28, 2006, but granted rehearing and substituted this new opinion. The case concerns attorney misconduct in closing arguments in a civil case, but is also worth review by those practicing criminal law.


In the news

Posted on January 16, 2008
Witnesses say lawyers misled Mack about likely trial results. RGJ 1/16/08 Updates on the Mack hearing can be found at the RGJ's Darren Mack Blog. Nevada Supreme Court rules in Kucinch debate dispute. RGJ 1/16/08 Judge doubles OJ Simpson's bail. LVRJ 1/16/08 Taxpayers to pick up costs of investigators...


NBC v. Kucinich writ to Nevada Supreme Court available

Posted on January 15, 2008
Okay, this may be a stretch in figuring out how this relates to criminal law (other than the fact that I'm attending the debate tonight along with another criminal defense attorney), but for those interested, NBC's emergency petition for a writ of prohibition to the Nevada Supreme Court is available on-line...


Mack hearing today

Posted on January 15, 2008
Darren Mack's motion to withdraw his guilty plea will be heard today in Reno. The pleadingsare available online.


Nev. Sup. Ct. swears in new Clerk of the Court

Posted on January 15, 2008
On January 8th, Tracie Lindeman was formally sworn in as the Clark of the Court for the Nevada Supreme Court. She succeeds Janette Bloom, who held the position since 1988.


In the news

Posted on January 15, 2008
In protest, public defender withdraws panel member. LVRJ 1/15/08 Offsetting falling state revenues: Officials to shutter Jean prison. LVRJ 1/15/08 Policy on access to court documents discussed. LVRJ 1/15/08 Supreme Court orders candidate to pay up...


Judicial Election Watch 2008

Posted on January 14, 2008
Today's new filings: If this information is wrong, or if someone else should be added to the list, please contact me at jonell ~~~ at ~~~ jonellthomas ~~~ dot ~~~ com or post a comment below. Nevada Supreme Court: Seat D - Mark Gibbons Seat B - Don Chairez, Deborah Schumacher Clark County District Court Judges District Court Dept...


In the news

Posted on January 14, 2008
Taxpayers save, thanks to overtime crackdown. LVSun 1/14/08 Morrison: Initial here if you know who takes heat in doctor-lawyer malpractice case. LVRJ 1/14/08 Loreman files for seat on district court bench: Ely attorney to face imcumbent Memeo in Dist...


Weekend news

Posted on January 12, 2008
Across America, Deadly Echoes of Foreign Battles. NYTimes 1/13/08 (featuring a Las Vegas case and Clark County deputy PD Nancy Lemcke). The article also includes a brief profile of a Nevada case from Sloan. Lawsuit over precincts in Nevada. NYTimes 1/13/08 Morrison: How many laws does a judge have to violate before removal? LVRJ 1/12/08 Sentencing in Darren Mack case delayed...


Simpson's bail revoked

Posted on January 11, 2008
This is a tad on the tabloid side, but here it is: Report: Simpson's Bail Has Been Revoked. Fox 5 News reports that O.J. Simpson's bail was revoked this week and that he will be taken into custody today. The State motion to revoke bail is available here.


US Supreme Court grants cert in 4 cases

Posted on January 11, 2008
The United States Supreme Court granted certiorari in four cases this afternoon. Scotusblog provides details on each: Davis v. Federal Election Commission Giles v. California Taylor v. Sturgell Enquist v. Or. Dept. of Agric. The only criminal case, Giles v...


Opening available for Judicial Selection Commission

Posted on January 11, 2008
The Nevada State Bar notes that there is an opening on the Commission on Judicial Selection. The term will be January 1, 2008 to December 30, 2012. Applications are due February 15, 2008.


In the news

Posted on January 11, 2008
Editorial: Maupin retires. LVRJ 1/11/08 Editorial: Nevada's new US Attorney. LVRJ 1/11/08 Judge delays Mack sentencing. RGJ 1/11/08 NV brothel owner ordered to show info. RGJ 1/11/08 FBI, failing to pay bills, loses wiretaps. NYTimes 1/11/08 Legal experts weigh death penalty reform...


Oral argument audio recordings available

Posted on January 10, 2008
The Nevada Supreme Court heard oral argument in several criminal cases this week: McCellan v. State Gaines v. State Thomas v. District Court Diomampo v. State Walker v. State Chartier v. State Holden v. State Audio recordings of each of the arguments is available through the Nevada Supreme Court website.


No opinions today

Posted on January 10, 2008
The next opinion release date is Thursday, January 17.


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