Criminal Law

9th Circuit affirms reversal of Nevada conviction based upon DNA exaggerations

Posted on May 07, 2008
As noted below, newspapers are reporting on the reversal of a Nevada conviction based upon exaggeration of statistics concerning DNA. On Monday, the 9th Circuit affirmed a federal district court's grant of federal habeas to a Nevada defendant who was convicted of sexual assault of a minor...

In the news

Posted on May 07, 2008
Prison officials criticized for baby policies. LVRJ 5/7/08 Court overturns rape conviction. LVRJ 5/7/08 Editorial: Let's call the whole thing off (re: latest Halverson filing). LVRJ 5/7/08 Judge rejects newspaper suit over Governor's weapon permit...

Blogging to resume tomorrow

Posted on May 06, 2008
Oral argument in Carson City today. No time for blogging. Will resume tomorrow. Only 1/2 hour until my return flight and not a single earthquake or fire. Happy day.

In the news

Posted on May 05, 2008
Fiscal Pressures Lead Some States to Free Inmates Early. Washington Post 5/5/08 Suspected pipe bomb damages courthouse in San Diego. LA Times 5/5/08 DNA matches aren't always a lock. LA Times 5/4/08 After Hiatus, States Set Wave of Executions. NY Times 5/3/08 Defense reform needed for poor...

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Halverson challenges 2 year terms

Posted on May 02, 2008
Via Jon Ralston and the Las Vegas Sun: "Troubled Judge Elizabeth Halverson has asked the state Supreme Court to pull her race and several others from the ballot because she believes a law that caused a de facto shortening of some judicial terms is unconstitutional...

In the news

Posted on May 02, 2008
Missing child: police link toddler to ex-inmate. LVRJ 5/2/08 Plea deal reached in Tahoe tree cutting case. LVRJ 5/2/08 State agent quits amid missing evidence inquiry. LVSun 5/2/08 Jurors, don't expect any shut-eye in these courts. LVSun 5/2/08

Nev. Supreme Court issues opinions

Posted on May 01, 2008
First, the criminal case: Mclellan v. State - the Court addresses the admissibility of a wiretapped phone call placed by California police to a defendant in Nevada and the instruction to be given for admission of prior bad act evidence. In an en banc opinion, authored by Justice Cherry, the Court affirms the defendant's conviction for 22 counts of sexual assault of a minor and 20 counts of lewdness...

In the news

Posted on May 01, 2008
Law professor accuses students of defamation. NYTimes 5/1/08 Justice Dept. will share interrogation opinions. NYTimes 5/1/08 Immigrants challenge US system of detention. NYTimes 5/1/08 Record on warrants for spying court. NYTimes 5/1/08 Reno on edge after odd series of earthquakes...

Nevada Supreme Court Calendar: May 5 and 6

Posted on April 30, 2008
The Nevada Supreme Court has released its oral argument calendar for May 5 and 6. Monday, May 5, 2008 46594 BOYD VS. SMITH & HARMER C/W 45180/45442 10:00 AM 30 min Carson City Courtroom - Second Floor En Banc (Full Court ) 45442 FRANK SETTELMEYER & SONS VS...

Bar admission ceremony scheduled

Posted on April 30, 2008
The Nevada Supreme Court has scheduled a bar admission ceremony for Monday, May 5. Details are available here.

In the news

Posted on April 30, 2008
Supreme Court is rejecting broad legal challenges. LA Times 4/30/08 Wife and mother arrested 32 years after escaping prison. LA Times 4/30/08 Editorial: Fixing Justice. LA Times 4/30/08 Sands attorney's arsenal includes name-calling. LV Sun 4/30/08 Judicial council settles in fraud deal...

Nevada February 2008 Bar Results are now available

Posted on April 29, 2008
The State Bar of Nevada has posted the unofficial February 2008 bar pass list. The unofficial pass rate is 57%. Congratulations to the new admittees.

Comm. on Judicial Ethics issues decision

Posted on April 29, 2008
The Standing Committee on Judicial Ethics and Election Practices has issued a decision in a matter concerning Family Court candidate Brigid Duffy. The complaint was filed by her opponent, Maria Maskall. In Decision 08-1, the Committee considers whether a candidate is eligible for district court office under NRS 3...

In the news

Posted on April 29, 2008
Voter ID law upheld. LATimes 4/29/08 From Chief Prosecutor to Critic at Guantanamo. Washington Post 4/29/08 Ex-prosecutor calls war tribunals tainted. LATimes 4/29/08 Ex-prosecutor tells of push by Pentagon on detainees. NYTimes 4/29/08 Texas: man cleared of murder after 27 years...

Daskas drops out of congressional race

Posted on April 28, 2008
Former Clark County prosecutor Robert Daskas has announced that he is dropping out of the 3rd District race against Jon Porter. Jon Ralston provides the text of Daskas's press release: "Citing family considerations, Robert Daskas has announced his decision to withdraw his candidacy for Nevada's Third Congressional District...

Leg. Commission on Courts of Chancery meets 4/29

Posted on April 28, 2008
The Legislative Commission's Subcommittee to study the benefits, costs and feasibility of the implementation of Courts of Chancery in Nevada will meet on April 29 at noon. The agenda is available here.

New IOLTA rules are effective May 1

Posted on April 28, 2008
ADKT 419, which amends Supreme Court Rule 217 and converts the IOLTA program from an opt-out program to a comprehensive program, will be effective as of May 1, 2008.

Judicial Ethics opinion issues re: Muni Ct campaigns

Posted on April 28, 2008
The Standing Committee on Judicial Ethics and Elections Practices has issued Opinion JE08-005. The issue presented is: May a candidate for municipal court judge solicit and receive contributions for his or her re-election campaign beginning on a date within 120 days before the primary election but prior to the date upon which an opposition candidate files a declaration of candidacy? The answer is "yes...

9th Circuit offers standards of review manual

Posted on April 28, 2008
Via Appealing in Nevada, the Ninth Circuit provides a Standards of Review, current as of September 2006, which may be helpful to appellate and habeas practitioners.

In the news

Posted on April 28, 2008
Supreme Court upholds photo ID law for voters in Indiana. Washington Post 4/28/08 Exonerated ex-inmates struggle. Washington Post 4/28/08 Scalia opens up on '60 Minutes' Washington Post 4/27/08 Now free to speak his mind, an ex-mayor is doing so...

Weekend news

Posted on April 26, 2008
These boots are made for prison. LA Times 4/26/08 California takes lead on DNA crime-fighting technique. LA Times 4/26/08 Justice -- finally, and just barely -- is served. LA Times 4/26/08 DA barred from abused woman's appeal in 1982 murder case...

Nevada judges and journalists attend workshop

Posted on April 25, 2008
From the Nevada Supreme Court: "A group of Nevada judges and journalists -- headed by Supreme Court Justice Nancy Saitta -- will be joining similar groups from four other states for a courts and media workshop sponsored by the National Judicial College in Reno...

In the news

Posted on April 25, 2008
Three NYC detectives acquitted in Bell shooting death. Washington Post 4/25/08 3 detectives acquitted in Bell shooting. NYTimes 4/25/08 Wesley Snipes sentenced to 3 years in prison. LATimes 4/25/08 Sentences reducedfor 3,000 cocaine inmates. NYTimes 4/25/08 Pellicano's co-defendants accused of supporting roles in his scheme...

Nevada Supreme Court issues open meeting opinion

Posted on April 24, 2008
In Attorney General v. Nevada Tax Comm'n, the Nevada Supreme Court, in an en banc opinion authored by Justice Hardesty, concludes that the Tax Commission was wrong in hearing an appeal by Southern California Edison in closed session. The Tax Commission was limited to closing a portion of its session at shich it received confidential evidence and heard argument on that confidential information...

In the news

Posted on April 24, 2008
Texas 911 calls linked to 33-year-old in Colo. Washington Post 4/24/08 Woman linked to phone number in polygamy abuse report. LATimes 4/24/08 After Court ruling, states to proceed with executions. Washington Post 4/24/08 In New York, offenders' ankle bracelets trigger alarms when they get too close to victims...

DAs urge Court to reject standards for high quality representation

Posted on April 23, 2008
For the most part I keep posts on this blog fairly neutral and free from my opinions. This is not one of those posts. The opinions reflected here are my own and do not necessarily reflect the views of the NACJ Board or other members, though if they do not agree with the crux of the post they probably should be ousted from the organization...

Boston Legal goes to the Supreme Court

Posted on April 23, 2008
Last night's episode of Boston Legal included a fairly amazing, even if a tad bit on the fantasy end of the spectrum, speech to the US Supreme Court, before actors who look very much like the real justices. The topic was last week's oral argument on whether states may have the death penalty for a defendant who is convicted of raping, but not killing, a child...

DoC seeks tenant for Jean Prison

Posted on April 23, 2008
The Nevada Department of Corrections has issued a notice of its intention to lease the Southern Nevada Correctional Center in Jean Nevada. The attributes of the facility are described. The property will be available on July 1, 2008. Photos are provided but the expected lease price is not.

In the news

Posted on April 23, 2008
Inmate count in U.S. dwarfs other nations'. NYTimes 4/23/08 Up with the new: a second center city for Las Vegas. NYTimes 4/23/08 Three-count indictment in Nevadaricin case. NYTimes 4/23/08 Editorial, Cruel and Unusual History. NYTimes 4/23/08 Supreme Court hears Los Angeles case on a killer's right to confront his victim...

Supreme Court issues 4th Amendment decision

Posted on April 23, 2008
This morning the US Supreme Court issued a decision in Virginia v. Moore. Justice Scalia authored the majority opinion and was joined by seven other justices. Justice Ginsburg authored an opinion concurring in the judgment. The defendant was arrested for the misdmeanor offense of driving on a suspended license...

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