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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 September 12, 2008
Convicted husband gets retrial. LVRJ 9/12/08 Former GOP official's conviction overturned. SFChronicle 9/11/08 911 tapes released in Halverson beating. Las Vegas Now 9/11/08 (w/ audio recording) Supreme Court gives defense lawyers more leeway in mental health cases...


Nevada Supreme Court issues opinions

Posted on September 11, 2008
Chartier v. State - judgment for two counts of first degree murder reversed and new trial ordered. The district court abused its discretion in failing to sever the trial of his co-defendant. Fergusen v. State - The 8th Judicial District may assign the determination of all initial competency matters to a particular district court judge; however, the determination of a defendant's ongoing competency thereafter and during trial must vest with the trial judge who has been assigned to hear the matter...


In the news

Posted on September 11, 2008
Supreme Court upholds murder conviction of Vegas man. LVSun 9/11/08 Detention center doctor arrested on drug charge. LVRJ 9/11/08 15 more O.J. jurors chosen. LVRJ 9/11/08 Domestic violence: bail set for Halverson in assault. LVRJ 9/11/08 Permanent injunction: offender statute restricted...


Afternoon update

Posted on September 10, 2008
Judge says man approached prospective Simpson jurors. LVRJ 9/10/08 Bail set for Edward Halverson. LVRJ 9/10/08 Judge stops state from applying nex offender law retroactively. LVRJ 9/10/08


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Judicial Ethics opinion issued

Posted on September 10, 2008
The Standing Committee on Judicial Ethics and Election Practices has issued Opinion: JE08-11. The issue presented is: May a judge present a segment in the training of reserve police officers on courtroom demeanor? The answer is "Yes, with significant qualifications...


In the news

Posted on September 10, 2008
Defense: Agents acted like criminals. LVSun 9/10/08 Cost of Simpson trial to taxpayers: $3,000-$5,000 per day. LVRJ 9/10/08 Editorial: With a clean slate. LVRJ 9/10/08 O.J. jury selection creeps along. LVRJ 9/10/08 Student's kidnapping: incident shocks parents...


Unpublished orders by the Nevada Supreme Court

Posted on September 09, 2008
The Las Vegas Sun reports that the Nevada Supreme Court has ordered District Court Judge Donald Mosley to appoint lawyers for two brothers, Gilbert and David Aguilar, and to conduct a new hearing on their post-conviction petitions for writs of habeas corpus...


U.S. Supreme Court: October calendar preview

Posted on September 09, 2008
The United States Supreme Court will open its term on September 29 with a conference. Arguments resume on October 6. October appears to the Search and Seizure and Federal Habeas Corpus Month at the Supreme Court. Criminal cases to be heard during October include the following: Tuesday, October 7 - Herring v...


In the news

Posted on September 09, 2008
Former Nevada employee receives probation for theft. LVRJ 9/9/08 Pair seized boy to test security. LVRJ 9/9/08 Judicial candidates to participate in voter forum. RGJ 9/8/08 Terror arrest haunts family. LVSun 9/9/08 Bomb-sniffing dog didn't care about food, really...


Weekend news

Posted on September 07, 2008
Editorial: Overcrowded prisons. LVSun 9/7/08 Standards on public defenders upcoming. RGJ 9/6/08 Indigent defense, caseload limits are focus of hearing. LVRJ 9/6/08 Simpson prepares for robbery trial dogged by his past. LVRJ 9/7/08 Halverson in terrible pain at Sunrise Hospital...


This Week

Posted on September 07, 2008
Wednesday September 10 - Nevada Supreme Court panel argument Thursday September 11- Nevada Supreme Court panel argument Thursday September 11 - Nevada Supreme Court opinion release day Thursday September 11 - Boyd School of Law presents a lecture by Daniel Schorr, NPR Senior News Analyst...


Judge Halverson's husband charged with attempted murder of Halverson

Posted on September 05, 2008
Las Vegas Now reports the following: "Authorities say the husband of suspended Nevada state Judge Elizabeth Halverson has been jailed on attempted murder and domestic violence charges after an incident at their home in Las Vegas. Clark County jail records show 49-year-old Edward Halverson was being held Friday pending a court appearance on felony attempted murder, battery with a deadly weapon and battery with substantial bodily harm charges...


In the news

Posted on September 05, 2008
Federal Securities Laws: Judicial candidate (Landess) accused. LVRJ 9/5/08 State Supreme Court rejects petitions on tax proposals. LVRJ 9/5/08 Raggio challenged rejected. LVRJ 9/5/08 O.J.'s co-defendant again loses bid to postpone trial. LVRJ 9/5/08 Appeals court denies relief for Vegas killers...


Nevada Supreme Court decides ballot initiative matter

Posted on September 04, 2008
In LVCVA v. Secretary of State, the Nevada Supreme Court rejects challeges to decisions by the Secretary of State which precluded three initiviative petitions from appearing on the November ballot: "These are consolidated appeals and cross-appeals concerning three initiative petitions...


Oral Argument Recordings Available

Posted on September 04, 2008
mp3 recordings are now available for this week's oral arguments: Nika v. State Sims and Heaukulani v. District Court Scarbo and Roebke v. District Court Redeker v. State State, DMV v. Terracin and Casey Boucher v. Shaw (NRAP 5) Rivero v. Rivero


Oral Argument Calendar: Sept. 10 - 12

Posted on September 04, 2008
Wednesday, September 10, 2008 47632 HOUSE OF BRUSSELS CHOCOLATES VS. WHITTINGTON 10:00 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Gibbons/Maupin/Saitta ) 47122 DEALBA (IGNACIO) VS. STATE 10:30 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Cherry/Maupin/Saitta ) 49616 IN RE: PARENTAL RIGHTS AS TO CORONADO 11:30 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Cherry/Maupin/Saitta ) Thursday, September 11, 2008 49738 LEDEZMA (JOSE) VS...


In the news

Posted on September 04, 2008
Conviction in 1996 LV slaying overturned. LVRJ 9/4/08 Morrison: Lawyer chastised for committing 'courtesy' puts legal community on notice. LVRJ 9/4/08 Sheriff supports leasing site for new headquarters. LVRJ 9/4/08 Roster of proposed laws grows...


Murder conviction reversed

Posted on September 03, 2008
From the Las Vegas Review Journal: "Clark County District Judge Elizabeth Gonzalez has overturned the 2000 murder conviction of 39-year-old Geovanny Torres. Gonzalez said at a hearing today that failure to consider Torres' claims of prosecutorial misconduct in the case "would lead to a fundamental miscarriage of justice...


In the news

Posted on September 03, 2008
Supreme Court: Judge's methods reviewed. LVRJ 9/3/08 Editorial: ballot questions. LVRJ 9/3/08 Simpson 'ready' for trial. LVRJ 9/3/08 [DA} Beckett plea: not guilty. LVRJ 9/3/08 Bill to raise sales tax to hire more cops proposed for 2009 session...


In the news

Posted on September 02, 2008
City, county boxed in by law. LVRJ 9/2/08 Court had to clear up statute's language. LVRJ 9/2/08 Seeking Justice: Guilty until proven innocent. LVRJ 9/2/08 Judge removed from benefits program board. Nevada Appeal 9/1/08 Report: Gonzales mishandled classified data...


This Week

Posted on September 01, 2008
Monday September 1 - Labor Day Holiday Tuesday September 2 - Nevada Supreme Court oral arguments (en banc) Wednesday September 3 - Nevada Supreme Court oral arguments (en banc) Wednesday September 3 - NACJ Board Meeting 12:00 p.m. Federal Public Defender's Office Thursday September 4 - Nevada Supreme Court opinion release day


Weekend news

Posted on September 01, 2008
Man serving life sentence in slaying fights conviction. LVRJ 9/1/08 Services help determine whether probation suceeds. LVSun 8/31/08 Locking up criminals locks in rising costs. LVSun 8/31/08 (referencing the 2008-09 Policy and Program Report: Criminal Justice in Nevada) Two say treatment would have been better option than cell walls...


Proposed NRAP changes, a little at a time: NRAP 31

Posted on August 29, 2008
This is the twelfth 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 August 29, 2008
Extra state troopers on hand for Burning Man. LVRJ 8/29/08 Trial date affirmed in Simpson case. LVRJ 8/29/08 Ban on typewriters in prison upheld. LVRJ 8/29/08 Nevada's prison typewriter ban upheld. Nevada Appeal 8/29/08 Police captain faces October court date...


Afternoon Update

Posted on August 28, 2008
The Nevada Supreme Court (Justices Maupin and Parraguirre) has denied the petition for writ of mandamus or prohibition, which challenged a district court order denying a motion to sever, that was filed by O.J. Simpson co-defendant Clarence Stewart. The Court also denied his motion to stay the trial...


State Bar warns of scam

Posted on August 28, 2008
08/28 Attorneys Encouraged to Beware of Scam "An international scam apparently based in Asia is targeting Nevada attorneys and the money in their trust accounts. The scammers, posing as legitimate corporations, pretend to hire attorneys to collect supposed debts in the U...


In the news

Posted on August 28, 2008
Ex-Washoe deputy who clashed with DA commits suicide. RGJ 8/27/08 Domestic abuse: Knight arrested in assault. LVRJ 8/28/08 Hip-hop mogul Knight posts bail after Vegas arrest. LVSun 8/28/08 'Thug' Presley, Elvis' cousin, pleads guilty in fatal melee...


Afternoon update

Posted on August 27, 2008
Hip hop music man Marion 'Suge' Knight arrested in Las Vegas. LVRJ 8/27/08 Former Family Court Judge candidate and current Clark County Deputy District Attorney Brigid Duffy has been selected to serve as a Family Court Hearing Master. Court Administrator Chuck Short's going away party is today from 2 to 4 p...


Proposed NRAP changes, a little at a time: NRAP 29, 30

Posted on August 27, 2008
This is the eleventh 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 August 27, 2008
Smith: co-defendant in O.J. case is so unlucky black cats won't cross his path. LVRJ 8/27/08 Expanding Warm Springs Prison could save part of NSP. Nevada Appeal 8/28/08 Official calls for new facility in Las Vegas for mentally ill criminals. LVSun 8/26/08 Editorial: castle doctrine...


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