Criminal Law

Nevada Supreme Court issues 5 opinions

Posted on May 29, 2008
Hidalgo v. District Court - The Nevada Supreme Court has issued a new opinion based upon the State's petition for rehearing. The Court affirms its prior opinion insofar as it held that solicitation to commit murder is not a felony involving the use or threat of violence to the person of another within the meaning of NRS 200...

In the news

Posted on May 29, 2008
Letters sent by judge's brother stir controversy. LVRJ 5/29/08 Police to pay $290,000 to settle suit. LVRJ 5/29/08 Two stay on ballot for post. LVRJ 5/29/08 Numbers help keep Carson's crime problem in perspective. Nevada Appeal 5/29/08 Fundraiser faces arrest in multiple gaming debts...

State Bar extends deadline for appointment to Appointed Counsel Committee

Posted on May 29, 2008
The State Bar of Nevada has extended its deadline for appointment applications for bar members who want to be on the Office of Appointed Counsel Committee. Members of the committee will review applications of attorneys who want to be track attorneys or on the Indigent Defense Panel...

Halverson attorneys want out

Posted on May 28, 2008
The Nevada Appeal reports that District Court Judge Halverson's three attorneys want to withdraw from representation of her in judicial discipline proceedings, which are scheduled to begin on June 9, due to non-payment of fees. Halverson wants to postpone the hearing for five months (which is coincidentally a week past the election)...

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Prison discontinues Western Union payments

Posted on May 28, 2008
The Nevada Department of Corrections will discontinue Western Union money transfers effective June 26, 2008. Money may still be sent by JPay.

Nevada Sup. Ct. gives details on judicial selection

Posted on May 28, 2008
The Nevada Supreme Court has issued a press release concerning the eight applicants for the vacancy created by the retirement of Judge Gerald Hardcastle. This will be the first selection process during which the Commission on Judicial Selection will hold its interviews and deliberations in public.

In the news

Posted on May 28, 2008
Halverson's lawyers ask to withdraw from case. LVRJ 5/28/08 Hearing set for judge. Nevada Appeal 5/27/08 Bodybuilders' lawyers seek murder trial delay. LVRJ 5/28/08 Coroner: cocaine a factor in 'Buffalo Jim' death in Vegas. Nevada Appeal 5/27/08 Clark, Washoe DAs reject term limits ruling...

Oral Argument Calendars: June 2nd and 3rd

Posted on May 27, 2008
The Nevada Supreme Court has published its oral argument calendar for June 2 and 3. Monday, June 2, 2008 46920 OLIVARES (REYES) VS. STATE 10:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 49289 VREDENBURG VS. SEDGWICK CMS 10:30 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 49541 VALDEZ (JAMES) VS...

Legislative meeting on Courts of Chancery meets Wednesday

Posted on May 27, 2008
The Legislative Subcommittee to Study the Benefits, Costs and Feasibility of the Imprementation of Courts of Chancery in Nevada will hold a meeting on Wednesday May 28. Details and the agenda are available here.

Briefs in ballot initiative cases available

Posted on May 27, 2008
The Nevada Supreme Court provides access to the briefs, pleadings and orders in high profile cases, including several appeals from decisions concerning ballot initiatives and other election related matters: Attorney General v. Montero - residency of candidates for district court judges Halverson v...

US Supreme Court issues 2 decisions

Posted on May 27, 2008
The United States Supreme Court issued two decisions this morning. Both concern retaliation claims. In Gomez-Perez v. Potter the Court holds that 29 USC 633a(a) prohibits retaliation against a federal employee who complains of age discrimination. In CBOCS West v...

In the news

Posted on May 27, 2008
Convicted Vegas developer facing federal prison on Friday. Nevada Appeal 5/26/08 As border efforts grow, corruption is on the rise. NYTimes 5/27/08 His life with the deaths that the state carried out. NYTimes 5/27/08 (re: documentary 'At the Death House Door' which will be shown Thursday night on the Independent Film Channel) Los Angeles County braces for an influx of state prisoners...

8 seek Hardcastle's position in Family Court

Posted on May 26, 2008
Eight attorneys have submitted applications to replace Family Court Judge Gerald Hardcastle, who will retire July 1: Bryce Callow Duckworth, 43 (also a candate for Dept. Q) Fernando Guzman, 59 (also a candidate for Dept. R) Charles J. Hoskin, 44 (also a candidate for Dept...

Weekend news

Posted on May 26, 2008
District judge race: lawyer's judgment at issue (re: Jason Landess, Candidate for Dept. 25). LVRJ 5/25/08 Fetus discovered at Fallon high school. Nevada Appeal 5/25/08 Prosecutor won't fight regent's candidacy based on term limits. LVRJ 5/24/08 Bon appetit...

Nevada lawyer is Above The Law's Lawyer of the Day

Posted on May 23, 2008
And those who routinely read Above The Law know that this is not a nice award. Based upon this post at Nevada's Wild Wild Law, which is based upon this article in Las Vegas City Life, national legal tabloid Above The Law has selected Adam Kutner as its lawyer of the day...

State Bar Appointments Available

Posted on May 23, 2008
From the Nevada State Bar: Consistent with the January 2008 Supreme Court Order relating to the defense of the indigent, Clark County has formed the Office of Appointed Counsel (OAC) to assign private counsel in appointed criminal cases. The State Bar of Nevada will appoint a member to the Office of Appointed Counsel Committee, which will review applications to join the Indigent Defense Panel (IDP), a group of attorneys approved to accept these cases...

In the news

Posted on May 23, 2008
At Supreme Court, 5-4 rulings fade, buy why? Greenhouse, NYTimes 5/23/08 House panel subpoenas Rove in inquiry into Justice Dept. NYTimes 5/23/08 Editorial: children in adult jails NYTimes 5/23/08 Guantanamo judge won't delay trials. NYTimes 5/23/08 California Supreme Court denies death row inmate's request for DNA testing...

Former Supreme Court Justice O'Connor to speak at Elko's Cowboy Poetry Gathering

Posted on May 22, 2008
This might be worth the trip to Elko, even in January. The Associated Press reports the following: "Former U.S. Supreme Court Justice Sandra Day O'Connor has agreed to be the keynote speaker at the 25th annual National Cowboy Poetry Gathering in Elko next January...

In the news: afternoon update

Posted on May 22, 2008
Karl Rove subpoenaed by House over firing of US Attorneys. Huffington Post 5/22/08 400 jurors may get summonses for OJ Simpson trial in Vegas. Nevada Appeal 5/22/08 Appeals court rules against Texas in polygamy case. NYTimes 5/22/08

Judicial Election 2008: the websites

Posted on May 22, 2008
Candidate websites update. If you know of any others, please comment below or send an email to jonell ~~at~~jonellthomas.com~~dot~~com. Nancy Allf, Nevada Supreme Court candidate Elissa Cadish, 8th JD Department 6 incumbent and candidate Linda Bell, 8th JD Department 7 candidate Josh Kunis, 8th JD Department 8 candidate Jessie Walsh, 8th JD Department 10 incumbent and candidate William Kephart, 8th JD Department 10 candidate Chris Davis, 8th JD Department 14 candidate Laurie Diefenbach, 8th JD Department 14 candidate Donald Mosley, 8th JD Department 14 incumbent and candidate Elizabeth Halverson, 8th JD Department 23 incumbent and candidate Stefany Miley, 8th JD Department 23 candidate (you tube video) Suzan Baucum, 8th JD Department 25 candidate Amy Mastin, 8th JD Family Court Department G candidate Cynthia Dianne Steel, 8th JD Family Court Department Department G candidate and incumbent Greta Muirhead, 8th JD Family Court Department I candidate Morrissa Schechtman, 8th JD Family Court Department J 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 Chuck Hoskin, 8th JD Family Court Department R candidate Maria Maskall, 8th JD Family Court Department R candidate Melissa Saragosa, Las Vegas Justice Court, Dept...

No opinions today

Posted on May 22, 2008
It appears that the Nevada Supreme Court will not issue any opinions today. The next opinion release date is Thursday, May 29.

Nev. Sup. Ct. expedites Montero & Halverson cases

Posted on May 22, 2008
The Nevada Supreme Court has ordered expedited briefing in the Montero case, which addresses whether judicial candidates for district court must live in the judicial district for which they seek election. Briefing is to be complete by June 6 and oral argument will be hled on Friday, June 13 at 11 a...

In the news

Posted on May 22, 2008
Interrogation tactics were challenged at White House. Washington Post 5/22/08 Man linked to Show and Tell Murder back behind bars. LV Now 5/21/08 Editorial: First lady abandoned, but still devoted. Elko Daily 5/21/08 (including allegations re: affair by Governor Gibbons) ESP escape plot foiled...

NACJ Annual Dinner

Posted on May 22, 2008
The Nevada Attorneys for Criminal Justice will hold its annual dinner on June 12. Invitations will be sent soon. This year's Defender of the Year Award will be presented to Scott Freeman from Reno.

Applications for track and hourly appointments due 5/23

Posted on May 22, 2008
The Office of Appointed Counsel is accepting applications for track and hourly appointments for criminal adult, juvenile and parental termination cases in the 8th Judicial District. Applications are available on-line and are due on Friday, May 23.

In the news

Posted on May 21, 2008
I-Team Trading Favors for Campaign Cash? (re: judicial elections) Las Vegas Now 5/21/08 Wynn says he was obligated to try to recoup debt. (re: The DA's debt collection business). LVSun 5/21/08 Police report details of arrest of defender. LVRJ 5/21/08 Assemblywoman charged with stabbing husband in arm...

Oral Arguments: May 29

Posted on May 21, 2008
47492 IN RE: PARENTAL RIGHTS AS TO BOHANNAN 10:00 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Maupin/Cherry/Saitta ) 48347 M.C. MULTI-FAMILY DEV. VS. CRESTDALE ASSOC. 10:30 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Maupin/Cherry/Saitta ) 48619 GUILLEN VS...

Oral Arguments: May 28

Posted on May 21, 2008
47748 COSTA VS. STATE, DEPT. OF MOTOR VEHICLES 10:00 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Maupin/Cherry/Saitta ) 47534 KRYGIER VS. KRYGIER 10:30 AM 30 min Carson City Courtroom - Second Floor Northern Panel (Maupin/Cherry/Saitta ) 48840 MITCHELL (DONALD) VS...

Death Penalty Update

Posted on May 21, 2008
Headlines from the Death Penalty Information Center: New Voices: Former New Jersey Supreme Court Justices Discuss the Failure of the Death Penalty Law Execution Stay Continued in Delaware Mississippi Preparing To Execute Man Despite Strong Evidence of Mental Retardation Maryland Creates Commission to Study Death Penalty Books: The Death Penalty: A Worldwide Perspective New Voices: American Bar Association President Calls for Death Penalty Moratorium US Supreme Court Agrees to Hear Virginia Case on Quality of Representation New Voices: "How New Jersey Abolished The Death Penalty"

Report finds racial gap in drug arrests

Posted on May 21, 2008
Via CrimProf Blog and the New York Times, the Sentencing Project has issued a new report concerning racial disparity in drug arrests. Las Vegas is referenced throughout the report and does relatively well compared to other major cities.

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