Criminal Law

Assemblywoman Allen arrested

Posted on May 20, 2008
Jon Ralson reports that Assemblywoman Francis Allen has been arrested on domestic battery charges for stabbing her husband. The police report is available here. Allen's Legislative Biography is available here. In the 2007 session, she sat on the Judiciary Committee...

In the news

Posted on May 20, 2008
Douglas violent crime drops 18 percent. Nevada Appeal 5/19/08 Barkley says he's repaid debt; DA hasn't seen check. Las Vegas Sun 5/20/08 I-Team: Criminal Kids Locked Up (includes video). Las Vegas Now 5/20/08 Washoe County budget freezes vacancies in shortfall...

AG files Opening Brief in Montero case

Posted on May 20, 2008
The Nevada Attorney General has filed its Opening Brief in State of Nevada v. Montero. The case presents the issue of whether district court judges may live in a judicial district that is different from the judicial district in which they seek election.

Emergency Regulation for Placement of Infants

Posted on May 20, 2008
The Nevada Department of Corrections has enacted an emergency regulation for the placement of infants. The regulation is available here.

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US District Court seeking CJA attorneys

Posted on May 20, 2008
From the State Bar of Nevada: The Clerk of the Court is accepting applications for the appointment of new Federal Criminal Justice Act (CJA) Panel attorneys (appointment of counsel for indigent defendants). A panel selection committee, chaired by Magistrate Judge Robert A...

In the news

Posted on May 19, 2008
Morrison: State will pay new judges' salaries, sticking county with tab for staffs. LVRJ 5/19/08 Editorial: A conflicted court. LVSun 5/19/08 Offenders return to society, but under her watchful eye. NYTimes 5/19/08 John McCain and Barack Obama: Two visions of the Supreme Court...

US Supreme Court issues decisions on child porn & Armed Career Criminal statutes

Posted on May 19, 2008
The United States Supreme Court issued four opinions this morning. Scotusblog provides this summary. The Court issued three criminal law decisions. It upheld a federal statute concerning child pornography. United States v. Williams is available here...

Weekend news

Posted on May 18, 2008
Candidates file for local offices. RGJ 5/17/08 Female officers face balancing act of dangerous job, family. RGJ 5/18/08 Candidate filing ends. Nevada Appeal 5/17/08 Candidate filings listed. LVRJ 5/18/08 Tougher prison baby rules OK'd. LVRJ 5/17/08 Arrest report obtained for UMC arrest...

Judging The Judges

Posted on May 18, 2008
The Las Vegas Review Journal begins its six-day series on Judging the Judges. The biennial series is based on a survey of 799 Clark County attorneys. Results: Nevada Supreme Court Highest retention vote: Mark Gibbons 86% Lowest retention vote: Nancy Saitta 45% 8th Judicial District - Civil and Criminal Highest retention votes: David Barker 92% Stewart Bell 91% Allan Earl 90% Mark Denton 88% Douglas Herndon 88% David Wall 88% Lowest retention votes: Donald Mosley 56% Michelle Leavitt 56% Kathy Hardcastle 54% Lee Gates 43% Jessie Walsh 41% Elizabeth Halverson 8% 8th Judicial District - Family Highest retention votes: Gloria Sanchez 97% (wow!) T...

Call an attorney an asshole = dismissal of juror

Posted on May 16, 2008
The Las Vegas Review Journal reports that a juror in the civil case of Suen v. Adelson & Sands. Corp. has been dismissed from the jury panel because he called Adelson's attorney, Rusty Hardin, an "asshole" while Hardin was cross-examining a witness. The article does not provide information as to what question by Hardin resulted in the juror's remark.

In the news

Posted on May 16, 2008
Court rejects inmates damage's bid. LVRJ 5/16/08 Smith: After a brief foray into the political arena, prosecutor Daskas back on job. LVRJ 5/16/08 Thomas wants DA kicked off corruption case. LVRJ 5/16/08 Court rules on open meeting issue. Nevada Appeal 5/16/08

Candidate filings complete

Posted on May 16, 2008
The filing deadline for judicial candidates was in January, but most other candidates facing election this year filed this week. The Secretary of State has a list of candidates for national, statewide and rural races, with photos! Clark County's list is available and includes information on local races and Congressional Districts 1 and 3...

Jury finds Pellicano guilty

Posted on May 15, 2008
Here's the article.

Cal. Supreme Court finds ban on gay marriage unconstitutional

Posted on May 15, 2008
Not related to criminal law, but nonetheless interesting: The California Supreme Court has concluded that "in view of the substance and significance of the fundamental constitutional right to form a family relationship, the California Constitution must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as opposite sex couples...

Nevada Supreme Court issues 3 opinions

Posted on May 15, 2008
The Nevada Supreme Court issued three opinions today, bringing it to a total of 30 published opinions for the year. Only one case touched on criminal law, but it's really a civil matter: Stockmeier v. Dep't of Corrections - " In this proper person appeal, we consider whether the violation of Nevada's Open Meeting Law can support a private cause of action for damages...

In the news

Posted on May 15, 2008
Blunders yield bonanza. LVSun 5/15/08 (w/ corrected link) Term limit battle shapes up. Nevada Appeal 5/15/08 Term limit court fight probable. LVRJ 5/15/08 Judge touts safe house for kids ensnared in prostitution. LVRJ 5/15/08 Morrison: state high court races makes up for lack of drama with importance...

Jud. Discipline Comm. refuses delay in Del Vecchio case

Posted on May 14, 2008
The Nevada Judicial Discipline Commission has refused Family Court Judge Del Vecchio's motion to stay discipline proceedings against him pending resolution of a related civil case.

In the news

Posted on May 14, 2008
Civil rights case: $480,000 settlement approved. LVRJ 5/14/08 Judge sets execution date for killer of 16-year-old girl. LVRJ 5/14/08 A Few Good Soldiers: More members of the military turn against the terror trials. Slate 5/14/08 New help for rape victims...

In the news

Posted on May 13, 2008
Parole board backlog will grow in June. Nevada Appeal 5/13/08 Registrar decries judge's complaint. LVRJ 5/13/08 Smith: Drug testing: What's good for student-athlete should be good for educator. LVRJ 5/13/08 Inmates gain skills in Carson prison. RGJ 5/13/08 When literary and prosecutorial license collide...

Boyd law school adds new faculty

Posted on May 13, 2008
The UNLV Boyd School of Law welcomes four new professors and one new visiting professor.

Castillo no longer a volunteer, wants to intervene

Posted on May 13, 2008
William Castillo has indicated that he no longer wishes to volunteer for the death penalty and has sought permission to intervene in the writ proceeding pending in the Nevada Supreme Court which concerns the constitutionality of Nevada's lethal injection procedures.

Voter Registrar files response to Halverson

Posted on May 13, 2008
Clark County Registrar of Voters Larry Lomax has filed a response to Judge Halverson's petition in the Nevada Supreme Court which challenges her two year term of office and argues that she is entitled to a six year term.

In the news

Posted on May 12, 2008
Officers are people too. LVSun 5/12/08 Hourly rates reduced for Nevada senior judges. Nevada Appeal 5/12/08 Settlement considered in lawsuit by officer. LVRJ 5/12/08 Morrison: County lockup a lot brighter these days, but it's still a gloomy place to be...

Supreme Court issues opinion on waiver of Article III Judge

Posted on May 12, 2008
The United States Supreme Court issued one decision this morning. In Gonzales v. United States, the Court held that a defendant's attorney may agree to have voir dire conducted by a magistrate and that a defendant's personal waiver is not required. The opinion was authored by Justice Kennedy...

Advisory Committee on Admin. of Justice meets Monday

Posted on May 09, 2008
The Advisory Commission on the Administration of Justice will hold its next meeting on Monday, May 12 at 9:00 a.m. The agenda is available here.

AOC hosts a Judicial Summit next week

Posted on May 09, 2008
The Administrative Office of the Courts will hold a 2008 Judicial Leadership Summit at the Hyatt Lake Tahoe. The conference is from Tuesday, May 13 to Friday, May 16. The brochure is available here.

In the news

Posted on May 09, 2008
Federal prosecutor assigned, Reid says. LVRJ 5/9/08 Judge transfers Gibbons' divorce case to Reno. LVRJ 5/9/08 Atkinson-Gates' family: ex-official's son, wife plead guilty. LVRJ 5/9/08 Editorial: Surely the system can do better. LVRJ 5/9/08 Feds will review issues in polygamist communities...

In the news

Posted on May 08, 2008
Nevada inmate joins legal challenge: won't volunteer to die. Nevada Appeal 5/8/08 Ybarra gets yet another day in court. Ely Times 5/7/08 Judge concerned about courthouse record safety. Ely Times 5/7/08 Halverson argues term not set to expire. LVRJ 5/8/08 Infants of inmates: protocols on babies reviewed...

Nev. Supreme Court issues 2 opinions

Posted on May 08, 2008
The Nevada Supreme Court issued two opinions today. Both were in civil cases: In Las Vegas Fetish and Fantasy v. Ahern Rental (my favorite case caption so far this year), the Court addresses the doctrine of unclean hands: "This appeal presents us with the opportunity to clarify the circumstances under which the unclean hands doctrine will bar a party from obtaining an equitable remedy...

Nevada Supreme Court to resolve judicial election issues

Posted on May 07, 2008
The Nevada Supreme Court has ordered briefing and scheduled oral argument in two matters concerning elections of district court judges. In Attorney General v. Montero the Court will consider the propriety of a district court's order denying the AG's challenge to Montero's qualifications to serve as a district court judge...

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