Criminal Law

Art Ritchie selected as new Chief Judge

Posted on June 25, 2008
From the 8th JD: "The judges of the Eighth Judicial District Court selected Judge T. Arthur Ritchie Jr to serve as the Chief Judge of the District Court. Judge Ritchie's name will now be submitted to the Nevada Supreme Court for confirmation. If approved by the Supreme Court, Judge Ritchie will begin serving as Chief Judge in January 2009...

Ed Friedland selected as Court Executive Officer

Posted on June 25, 2008
From the Eighth Judicial Distirct Court: "The judiciary of Clark County's Eighth Judicial District Court and the Las Vegas Township Justice Court have selected Edward A. Friedland, Esq. to serve as the Court Executive Officer and Clerk of the Court of the Clark County Courts...

Giles v. California: no "forfeiture by wrongdoing" exception to 6th Amendment

Posted on June 25, 2008
Today the newspapers and blogs are all abuzz about the decision in Kennedy v. Louisiana and the Court's prohibition on the death penalty for child rape, but the opinion issued today which will likely have far more impact on criminal law is Giles v. California...

Kennedy v. Louisiana: no death penalty for child rape

Posted on June 25, 2008
As noted in a post below, the US Supreme Court issued a decision in Kennedy v. Louisiana. In the 5-4 decision, with the majority opinion authored by Justice Kennedy, the Court holds that a Louisiana statute which permitted the death penalty for the rape of a child, including cases in which the child did not die...

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Oral argument calendar: July 1

Posted on June 25, 2008
Tuesday, July 1, 2008 51768 MILLER VS. BURK (ROSENBERG) BALLOT QUESTION C/W 51798/51802 10:00 AM 60 min Carson City Courtroom - Second Floor En Banc (Full Court ) 51798 SISOLAK VS. LOMAX (BALLOT QUESTION) C/W 51768/51802 10:00 AM 60 min Carson City Courtroom - Second Floor En Banc (Full Court ) 51802 CHILD VS...

US Supreme Court issues decisions

Posted on June 25, 2008
Via Scotusblog: The United States Supreme Court issued opinions today. Kennedy v. Louisiana - addressing whether the Eighth Amendment prohibits states from imposing the death penalty for child rape, and, if not, whether Louisiana's statute fails to narrow the class of offenders eligible for the death penalty...

In the news

Posted on June 25, 2008
Adam Walsh Act: Sex offender law tested anew. LVRJ 6/25/08 Appeals court tosses death sentence of Calif. inmate. Nevada Appeal 6/25/08 Reno police: "naked burglar" collared. Nevada Appeal 6/25/08 Report assails political hiring in Justice Dept. NYTimes 6/25/08 Probe finds illegal hiring at Justice Department...

In the news

Posted on June 24, 2008
Sparks fly after court Taser demo for children. LVSun 6/24/08 Federal judge won't rule on Crazy Horse Too fate until later this week. LVSun 6/24/08 Crazy Horse Too case: prosecutor aims to keep club's value. LVRJ 6/24/08 Law enforcement: police HQ proposed...

Audio files available

Posted on June 24, 2008
Audio files of oral arguments and the case management meeting concerning ballot matters, including Halverson v. Secretary of State, are available through the Nevada Supreme Court.

ADKT 411 Hearing is Tuesday, July 1

Posted on June 24, 2008
Supreme Court En Banc Public Administration Hearing Regarding ADKT 411: Tuesday, July 1, 2008, 2:00 p.m., Carson City Courtroom with videoconference to Courtroom on the 17th Floor of the RJC in Las Vegas. Please disregard the previous notice which stated that the meeting would be held on July 2.

In the news

Posted on June 23, 2008
DA busted for DUI after two wrecks. Pahrump Valley Times 6/23/08 Sealing lawsuit hid allegations that judge's law firm didn't perform its duties. LVRJ 6/22/08 Smith: Drug-stealing former paramedic gets legal breaks most junkies don't. LVRJ 6/22/08 Crazy Horse Too sale depends on whether it can open in a week...

This Week

Posted on June 23, 2008
Monday June 23 - US Supreme Court issues opinions Tuesday June 24 - Nevada Supreme Court Panel Conference Wednesday June 25 - US Supreme Court issues opinions Thursday June 26 - Nevada Supreme Court opinion release day Thursday June 26 - Nevada Supreme Court Panel Conference Friday June 27 - Judicial Council Meeting

Senior Judge calendar now available

Posted on June 23, 2008
The Nevada Supreme Court now provides a Senior Judge Calendar which lists cases in which senior judges are sitting for district court judges.

US Supreme Court issues 3 decisions

Posted on June 23, 2008
Greenlaw v. United States - addressing whether a federal court of appeals may increase a criminal defendant's sentence in the absence of a cross-appeal by the government. The ruling below, which increased the defendant's sentence, is vacated and remanded...

In the news

Posted on June 20, 2008
Mortgage probe results in six indictments. LVRJ 6/20/08 Engineer surrenders in embezzlement case. LVRJ 6/20/08 Nye County District Attorney cited for DUI after two wrecks. LVRJ 6/20/08 Fraud case dismissal: I'm vindicated, says Gage. LVRJ 6/20/08

Nye County DA cited for DUI after 2 crashes in 6 hours

Posted on June 19, 2008
From the Nevada Appeal: "Authorities say the district attorney of Nye County was issued a drunk driving summons after crashing cars twice in six hours on the same California desert highway. The California Highway Patrol in Barstow and the Inyo County sheriff's office in Independence say Nye County DA Robert Beckett was not seriously hurt in either crash, although both vehicles overturned and were badly damaged...

Indiana v. Edwards & Competency

Posted on June 19, 2008
This morning the US Supreme Court issued its decision in Indiana v. Edwards. The Court considered the issue of whether a defendant who is found competent to stand trial may be denied the right to represent himself because of mental illness issues. In an opinion authored by Justice Breyer, which was joined by Chief Justice Roberts and Justices Stevens, Kennedy, Souter, Ginsburg and Alito, the Court held that a state may require the appointment of counsel to represent a defendant who is competent to stand trial but not competent enough to represent himself at trial...

In the news

Posted on June 19, 2008
Nevada State Prison closure could have wide spread impact. Nevada Appeal 6/18/08 Commissioners approve psychiatric hospital site. LVRJ 6/19/08 Crazy Horse Too: City rejects temporary liquor license. LVRJ 6/19/08 Morrison: State Bar grievance means Noel Gage may not be out of the woods yet...

US Supreme Court issues 5 decisions

Posted on June 19, 2008
Indiana v. Edwards - whether criminal defendants found competent to stand trial must be permitted to represent themselves. The ruling below, which found for the defendant, is vacated and remanded. Justice Breyer wrote the opinion. Justices Scalia and Thomas dissented...

Nevada State Prison may close

Posted on June 18, 2008
The Nevada Appeal reports that the Nevada State Prison may close as a result of the State's current budget crisis. If required to cut 4% of the Department of Correction's budget, as suggested by Governor Gibbons, the Carson City prison, which was built in the 1860s, will shut down by next January...

In the news

Posted on June 18, 2008
Defense attorney requests mistrial. LVRJ 6/18/08 (this is a must read article for defense counsel - re: courtroom recording system and a claim that a juror could hear attorney-client conversations through his headphones) Key witness: criminal charges dismissed...

Judicial Ethics Committee Issues Opinion

Posted on June 18, 2008
The Nevada Standing Committee on Judicial Ethics and Election Practices as issued opinion JE08-006. The opinion addresses two issues: 1. May a candidate for a district court seat refer to service as an alternate municipal judge in campaign materials? 2...

Nevada Supreme Court denies Catillo's motion to intervene

Posted on June 18, 2008
The Nevada Supreme Court has denied a motion by death penalty inmate William Castillo to intervene in an action concerning the constitutionality of Nevada's lethal injection procedures. Castillo had been a volunteer for the death penalty but is now challenging his conviction in federal habeas proceedings...

Afternoon update

Posted on June 17, 2008
The Las Vegas Review Journal reports that Federal District Court judge Quackenbush has dismissed with prejudice criminal charges against Las Vegas attorney Noel Gage. The dismissal was based upon the refusal of prosecutors to offer immunity to Dr. Mark Kabins...

In the news

Posted on June 17, 2008
Judge must apologize to woman he jailed. LVSun 6/17/08 Facing budge 'crisis,' public defenders may refuse cases. ABC News 6/13/08 'Disposable heroes': Veterans used to test suicide-linked drugs. ABC News 6/17/08 Grand jury said to look at attorneys' dismissals...

Death Penalty Update

Posted on June 17, 2008
Via Capital Defense Weekly, on June 13th the 9th Circuit granted penalty phase relief in a habeas corpus proceeding to Fernando Belmontes: "We affirm the district court?s ruling that Belmontes received deficient representation at the penalty phase of his trial, but set aside its ruling that he suffered no prejudice as a result...

ADKT 411 hearing scheduled for July 2

Posted on June 16, 2008
The Nevada Supreme Court has scheduled a hearing on ADKT 411, which concerns performance standards for court appointed counsel and public defenders, for July 2nd at 2:00 p.m. The hearing will be hosted in the Carson City courtroom and videoconferenced to the Court's courtroom on the 17th floor of the RJC.

In the news

Posted on June 16, 2008
Supreme Court overturns man's drug conviction. Nevada Appeal 6/16/08 Indigent board meets in public. LVRJ 6/14/08 Cleaning up drugs. LVRJ 6/16/08 Judicial accountability. LVRJ 6/16/08 Tax activist fights contempt charges. LVRJ 6/14/08 Judge delays trial in ricin possession case...

This Week

Posted on June 16, 2008
Monday, June 16 1:00 p.m. - Advisory Commission on the Administration of Justice's Subcommittee to Consider Issues Related to a Study of "Truth in Sentencing." Wednesday June 18 - State Bar Convention Thursday June 19 - State Bar Convention Thursday June 19 - US Supreme Court opinion release day Thursday June 19 - Nevada Supreme Court opinion release day Friday June 20 - State Bar Convention Saturday June 21 - State Bar Convention

US Supreme Court issues 2 decisions

Posted on June 16, 2008
Florida Dept. of Revenue v. Piccadilly Cafeterias - bankruptcy Dada v. Mukasey - ruling against the government on the issue of whether the filing of a motion to reopen removal proceedings automatically tolls the period within which an alien must depart the country under an order granting voluntary departure...

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