Criminal Law

Judicial Ethics Opinions Issued

Posted on August 26, 2008
The Nevada Commission on Judicial Discipline has issued three recent opinions: JE08-008 May a judge write a review of several books on methamphetamine addiction with the understanding that any payment will be donated directly to a community drug counseling center? Short answer: Yes...

In the news

Posted on August 26, 2008
Judge dismisses defense motion in Jeffs case. LVRJ 8/26/08 Bill proposed to strengthen right to use deadly force against intruders . LVRJ 8/26/08 Co-defendant seeks Simpson trial delay. LVRJ 8/26/08 Police captain arrested: accused of attempting to steal ATV from shuttered mine site...

In the news

Posted on August 25, 2008
Second Amendment: Gun control debate cools off. LVRJ 8/25/08 Gary Telgenhoff: Six Questions for: a Clark County Medical Examiner, Musician. LVSun 8/25/08 Bill draft request approved for Nevada indigent defense. RGJ 8/25/08 After Prosecutor's Firing, A Shift in Case...

Oral Argument Calendar: Sept. 2 and 3

Posted on August 25, 2008
Tuesday, September 2, 2008 51151 SCARBO (CHRISTOPHER) VS. DISTRICT COURT C/W 51152 10:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) This is a Clark County Public Defender case. The issue presented is whether a district court judge who makes a competency determination must disclose reports that she relies upon in making that determination...

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This Week

Posted on August 25, 2008
Monday August 25 9:00 a.m. Advisory Commission on the Administration of Justice. Listen or watch here. Thursday August 28 - Nevada Supreme Court opinion release day

Weekend news

Posted on August 23, 2008
Defense says media coverage hurts case. LVRJ 8/23/08 Teuton chosen as judge. LVRJ 8/23/08 Bodybuilder, wife get prison in slaying. LVRJ 8/23/08

Candidate Landess named in Securities & Exchange Commission complaint

Posted on August 22, 2008
"On July 29, 2008, the United States Securities and Exchange Commission filed a civil injunctive action in United States District Court for the Southern District of Texas, Houston Division, alleging that six individuals, including a Houston, Texas attorney and a Las Vegas, Nevada attorney, violated various provisions of the federal securities laws in their unregistered, nonexempt distribution of more than 10...

In the news

Posted on August 22, 2008
Undercover sting operation: Defenses loses bid for records. LVRJ 8/22/08 Simpson co-defendant again asks for trial postponement . LVRJ 8/22/08 Police display 3,000 pot plants found by police. LVRJ 8/22/08 Indictments issued in polygamist case. LVRJ 8/22/08 Valley murder trial for couple charged in Jane 'Cordova' Doe case postponed...

9th Circuit finds defendant in custody for Miranda while in his home

Posted on August 21, 2008
It appears that the Nevada Supreme Court will not issue any published opinions today. The Ninth Circuit Court of Appeals, however, issued an interesting opinion which could impact Nevada cases. In United States v. Craighead, the Circuit reversed a district court finding that the defendant's Fifth Amendment rights were not violated when he was interrogated without Miranda warnings based upon a finding that the interrogation in the defendant's home was not custodial...

Proposed NRAP changes, a little at a time: NRAP 28, 28.1 and 28.2

Posted on August 21, 2008
This is the tenth 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 NRAP 28 Briefs...

In the news

Posted on August 21, 2008
Court asked to put initiatives on ballot. LVRJ 8/21/08 District judge's son arrested in Utah. Elko Daily 8/20/08 Judge who won libel award will step down. NYTimes 8/21/08 New guidelines would give FBI broader powers. NYTimes 8/20/08 California: Sentence in train wreck...

Proposed NRAP changes, a little at a time: NRAP 26, 27

Posted on August 20, 2008
This is the ninth 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 NRAP 26 Computing and Extending Time (page 62 of the pdf)...

Oral Argument Webcast

Posted on August 20, 2008
Argument may be viewed at 10:00 at this link.

In the news

Posted on August 20, 2008
Supreme Court to webcast hearing on ballot measures. LVRJ 8/20/08 Guide for schools on statutory rape eyed. LVRJ 8/20/08 Felons' sentences ignored guidelines. LVRJ 8/20/08 Editorial: Another drug raid gone bad. LVRJ 8/20/08 Study suggests Nevada prisons do pretty good job of preventing recidivism...

In the news

Posted on August 19, 2008
I-Team: Former US Attorney Talks About Removal. Las Vegas Now 8/18/08 New Justice Department Push to Keep Bush Aides from Testifying. Huffington Post 8/19/08 (re: firing of US Attorneys, including Nevada's Dan Bogden). UNR Study, Race Does Not Effect Prison Sentencing...

Ballot arguments to be webcast

Posted on August 19, 2008
The Nevada Supreme Court oral arguments on ballot questions will be streamed live on the Court's website. Arguments are on Wednesday, August 20 at 10:00 a.m.

Annual Review of US Sup. Ct. criminal cases available

Posted on August 18, 2008
Via Scotusblog, the Criminal Justice Section of the American Bar Association has made available its 2008 Annual Review of the Supreme Court's Term, Criminal Cases.

In the news

Posted on August 18, 2008
Setting: Tattoo parlor. Operation: drug, firearm sting. LVSun 8/16/08 Suspended LV judge costing extra time, money for others. Nevada Appeal 8/15/08 New sex offender laws challenged. RGJ 8/16/08 Prisons, services cut from budget. RGJ 8/15/08 Neff: "Isolated problem" at the polls should serve as lesson...

This week

Posted on August 18, 2008
Monday August 18 9:00 a.m. Advisory Commission on the Administration of Justice. Agenda. Watch or listen. Wednesday August 20 10:00 a.m. Nevada Supreme Court oral argments Thursday August 21 Classes start at Boyd School of Law Thursday August 21 - Nevada Supreme Court opinion release day

Great news for PDs & others: loan forgiveness

Posted on August 17, 2008
President Bush on Friday signed the Higher Education Opportunity Act (HR 4137). The law expands a student loan forgiveness program for students who become legal aid lawyers, state or local prosecutors and public defenders. Under the law, the attorney general is to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as: (1) state or local criminal prosecutors; or (2) state, local or federal public defenders in criminal cases...

Proposed NRAP changes, a little at a time: NRAP 23, 24, 25 and 25B

Posted on August 15, 2008
This is the eighth 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 NRAP 23 Custody of Prisoners in Habeas Corpus Proceedings (page 51 of the pdf) The proposed changes appear to be stylistic...

In the news

Posted on August 15, 2008
Editorial: Searching for answers. LVSun 8/15/08 Prison, services cut from budget. RGJ 8/15/08 $52 million cuts OK'd in shortfall. LVRJ 8/15/08 Panel to hear Gibbons case in September. LVRJ 8/15/08 Some Halverson charges dismissed. LVRJ 8/15/08 Expiring benefits prompt retirement exodus...

In the news

Posted on August 14, 2008
UNR study: Nevada courts harsh on blacks. LVRJ 8/14/08 Sentencing study finds disparities you'd expect. LV Sun 8/13/08 Via Sentencing Law and Policy, a slide show concerning the study results is available. Judiciary candidates do well in the North...

Primary Election Results

Posted on August 13, 2008
The Secretary of State has finally updated its website with results from 100% of the precincts. The website lists erroneous percentages for the Supreme Court races, as it did all night yesterday. Generally, the Secretary of State's election return page is a huge disappointment...

Nevada Supreme Court to hear ballot question cases on August 20

Posted on August 13, 2008
The Nevada Supreme Court has scheduled oral argument on four ballot question matters for Wednesday, August 20. 51564 CO. OF CLARK VS. SCHOOL FUNDING C/W 51509/51639/52045 (BALLOT QUESTION) 10:00 AM 60 min Carson City Courtroom - Second Floor En Banc (Full Court ) 51639 NEVADANS FOR NEVADA VS...

Standing Committee on Judicial Ethics and Election Practices Issues Opinion

Posted on August 13, 2008
The Standing Committee on Judicial Ethics and Election Practices issued a decision yesterday, Published Decision 08-2, in which it concludes that Family Court Maria Maskall violated Committee Rule 4.5 by releasing opponent Brigid Duffy's unpublished response to the Committee to the public...

Primary Election 2008 News

Posted on August 13, 2008
Primary Election Results. LVRJ 8/13/08 LV attorney leading in high court primary. LVRJ 8/13/08 Halverson ousted; Miley top vote-getter. LVRJ 8/13/08 Halverson loses bid to stay on bench. LVSun 8/13/08 Mosley wins among 3 seeking judge seat. LVSun 8/13/08 Two candidates advance to vie for embattled Judge Del Vecchio's seat...

Election Results

Posted on August 12, 2008
Primary election results may be viewed through the Clark County Election Dept. and the Nevada Secretary of State. The polls close at 7 pm.

Proposed NRAP changes, a little at a time: NRAP 14, 21, 22

Posted on August 12, 2008
This is the seventh 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 NRAP 14 Docketing Statement (page 46 of the pdf) Subsection (a) Application and Purpose of Docketing Statement Proposed changes to subsection (a) are primarily stylistic...

In the news

Posted on August 12, 2008
What was on his stolen laptop gave DA cause for nightmares. LVSun 8/12/08 (re:David Roger & OJ Simpson case) Incumbents refuse debates. LVSun 8/11/08 (re: District Court Judge Donald Mosley and Family Court Judge Nicholas Del Vecchio) Editorial: replacing elected judges...

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