Criminal Law

In the news

Posted on April 07, 2008
I had oral argument this morning, thus the late posting: 400 kids taken from polygamist compound. NYTimes 4/7/08 Editorial: Another test for habeas corpus. NYTimes 4/7/08 "Buffalo" Jim found dead in hotel room. LVSun 4/7/08 What's in a name? LVSun 4/7/08 Nevada's sex offender law being reviewed...

Weekend news

Posted on April 05, 2008
Family of Henderson ice cream truck driver killed by police files lawsuit. LVRJ 4/5/08 Fraud case echoes in court. LVRJ 4/5/08 Texas polygamist compound sealed off by troopers. LATimes 4/5/08 52 girls are taken from polygamist sect's ranch in Texas...

Nev. Sup. Court oral argument calendar: April 17

Posted on April 04, 2008
Thursday, April 17, 2008 48854 PRO-BROKERS, INC. VS. MUHLENBERG 9:30 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 49501 IN RE: PHILLIP MICHAEL T., A MINOR 10:00 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 49533 MOSELEY VS...

Juvenile Justice Subcommittee to meet

Posted on April 04, 2008
The Legislature's Advisory Commission on the Administration of Justice's Subcommittee on Juvenile Justice will hold a meeting on Monday, April 7 at 9 a.m. at Room 4401 of the Grant Sawyer Office Building in Las Vegas. The meeting will be videoconferenced to Carson City and Reno and may be viewed live over the internet at the Legislature's website...

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In the news

Posted on April 04, 2008
2 groups to help defend detainees at Guantanamo. NYTimes 4/4/08 Editorial: There were orders to follow. NYTimes 4/4/08 Police bust alleged under-age prostitution ring. KVBC 4/3/08 Discipline Commission hearing for Judge Halverson delayed. LasVegasNow 4/3/08 Mineral courthouse awarded a grant...

New Mexico court strikes death penalty - no $

Posted on April 04, 2008
Death Penalty Information Center reports the following: "In a potentially far reaching ruling, a trial judge in New Mexico has barred the state from seeking the death penalty because the legislature has failed to provide adequate funding for defense representation...

In the news

Posted on April 03, 2008
Freedom eludes many crack inmates. LATimes 4/3/08 Death row inmate is set free. LATimes 4/3/08 Post-9/11 memo indicates view around constitution. Washington Post 4/3/08 Lawyers fight DNA samples gained on sly. NYTimes 4/3/08 Yoo Talkin' to Me? Dahlia Lithwick, Slate 4/2/08 ACLU talks with Ely State Prison inmates...

Nevada Supreme Court oral argument calendar: April 16

Posted on April 03, 2008
Wednesday, April 16, 2008 47435 HERNANDEZ (EMMANUEL) VS. STATE 10:00 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 47438 MAKARIAN VS. RED ROCK DENTAL, LLC 10:30 AM 30 min Las Vegas Courtroom - 17th Floor Southern Panel (Hardesty/Parraguirre/Douglas ) 48603 LOZANO (PASQUEL) VS...

Nev. Supreme Court issues decision on weapons enhancement & conspiracy instructions

Posted on April 03, 2008
In Brooks v. State, the Nevada Supreme Court, in a 3-judge panel (Hardesty, Parraguirre and Douglas) decision, reverses the defendant's conviction and orders a new trial based upon the failure to the district court (Judge Mosley) to give jury instructions proffered by the defense...

Nev. Supreme Court orders hearing on 8th JD competency determinations

Posted on April 03, 2008
The Nevada Supreme Court has scheduled a public hearing for Monday, April 7 at 3:00 pm concerning the procedures adopted by the Chief Judges of the Eighth Judicial District Court and the Las Vegas Township Justice Court regarding competency issues. The meeting will be held at the Court's Las Vegas chambers on the 17th Floor of the RGJ...

NACJ Board Meeting Today

Posted on April 02, 2008
The Nevada Attorneys for Criminal Justice will hold its monthly board meeting today at noon at the Federal Public Defenders Office. Lunch will be provided.

Prison switches inmate telephone service provider

Posted on April 02, 2008
The Department of Corrections is swtiching from Global Tel Link to Embarq during April for inmate telephone services. Details are available here.

Judicial Ethics Opinion Issued

Posted on April 02, 2008
The Standing Committee on Judicial Ethics and Election Practices has issued Opinion JE08-004. The questions presented are: 1. Is a judge required to recuse from cases in which the judge's election opponent serves as attorney? 2. Is a judge required to recuse from cases in which another attorney from the opponent's firm serves as counsel for a party? The answer to both questions is "no...

In the news

Posted on April 02, 2008
UNLV law school jumps in national ranking. LVSun 4/1/08 Hollywood wiretapping case: witness: private eyetalked of murder. LVRJ 4/2/08 Smith: activist and prison chief confront parole paradox in Nevada prisons. LVRJ 4/2/08 Memo: laws didn't apply to interrogators...

In the news

Posted on April 01, 2008
As Jefferson ruling stands, prosecutors feel stymied. Washington Post 4/1/08 Judges can still punish acquitted defendants. LATimes 4/1/08 Supreme Court stays out of congressional search dispute. LATimes 4/1/08 Crime declines in Reno. RGJ 4/1/08 Editorial: Prison biomass plant deserves ongoing efforts to make it work...

Today at the US Supreme Court

Posted on March 31, 2008
The United States Supreme Court begins its two week spring break today. Prior to the recess the Court issue one opinion (New Jersey v. Delaware, concerning water rights); granted certiorari in two non-criminal cases, Pleasant Grove City, Utah v. Summum (concerning a First Amendment challenge to privately donated monuments in a public park) and Ysura, Idaho Secretary of State v...

This week at the law school

Posted on March 31, 2008
The UNLV Boyd School of Law presents the following this week: Wednesday, April 2nd 7:00 p.m. - Philip Pro Lectureship in Legal History presents Sarah Barringer Gordon and Kathryn Daynes and their lecture on Convictions: Prosecutors and Polygamists in Ninteeth Century Utah...

Death Penalty Update

Posted on March 31, 2008
Headlines from the Death Penalty Information Center: Studies: "Prosecutorial Discretion and Capital Punishment in Missouri Maryland approves death penalty study commission Georgia rejects non-unanimous jury verdicts proposal U.S. Supreme Court exempts Texas courts from World Court ruling After two Supreme Court reversals, Texas man sentenced to life Posts from Capital Defense Weekly: Two notable state supreme court opinions on the right to privacy VHAC update Presumed guilty Scott Panetti on remand The Eleventh Circuit paints a dim picture of life in the lower federal courts The hidden costs of the death penalty: California Abu Jamal v...

In the news

Posted on March 31, 2008
Judge Elizabeth Halverson courts trouble in Las Vegas. LA Times 3/31/08 Editorial: the political specter at Justice. NYTimes 3/31/08 Court won't rule on search case. Washington Post 3/31/08 Editorial: A day in Court denied. Washington Post 3/31/08 Workers who can't stand the smell in justice center get union's attention...

Weekend news

Posted on March 29, 2008
It's the 'hood or Mom: Helping gangbangers choose. LVSun 3/29/08 Hamilton gets death penalty. RGJ 3/29/08 Lawyer defined, judge rules. LVRJ 3/29/08 Retrial for lawyer Gage to begin May 27. LVRJ 3/29/08 Editorial: Appointing judges - it's a tough sell...

Afternoon update

Posted on March 28, 2008
Streaker sentenced for running past cheerleaders in Nevada. Nevada Appeal 3/28/08 More bad economic news for Nevada. Nevada Appeal 3/28/08 I-Team obtains incident report connected to fight at courthouse. Las Vegas Now 3/18/08 Continuing education for Nevada prisoners...

Nevada Supreme Court April Calendar

Posted on March 28, 2008
3 Thu Opinion Release 7 Mon En Banc Argument 8 Tue En Banc Conference 8 Tue En Banc Argument 9 Wed Panel Conference 10 Thu Opinion Release 10 Thu Panel Conference 11 Fri Specialty Court Funding Commission 16 Wed Panel Argument 17 Thu Opinion Release 17 Thu Panel Argument 18 Fri Panel Argument 22 Tue EB Conference 24 Thu Opinion Release 24 Thu Panel Conference 30 Wed Bar Admissions Ceremony

In the news

Posted on March 28, 2008
Nevada's parole backlog growing. Nevada Appeal 3/27/08 Parole board feeling crunch. LVRJ 3/28/08 Nevada court: 'comped' casino food not taxable. Nevada Appeal 3/27/08 Hamilton lawyers focus on mental illness. RGJ 3/28/08 Schizophrenia linked to rare, often unique genetic glitches...

Judicial Election 2008: the websites

Posted on March 27, 2008
Candidate websites update. If you know of any others, please comment below or send an email to jonell ~~at~~jonellthomas.com~~dot~~com. Linda Bell, 8th JD Department 7 candidate Josh Kunis, 8th JD Department 8 candidate Jessie Walsh, 8th JD Department 10 incumbent and candidate Chris Davis, 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) Greta Muirhead, 8th JD Family Court Department I 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 Melissa Saragosa, Las Vegas Justice Court, Dept...

Mumia decision available

Posted on March 27, 2008
As noted below, the US Court of Appeals for the Third Circuit issued an opinion today in Mumia Abu-Jamal v. Horn. The Court denied Mumia a new trial but affirmed the grant of a new penalty hearing based upon a jury instruction issue. The opinion is available here.

In the news

Posted on March 27, 2008
Hamilton prosecutors press for deathpenalty. RGJ 3/27/08 Hardcastle says he'll quit bench. LVRJ 3/27/08 Supreme Court commission approves plan to change how judges are chosen. LVRJ 3/27/08 Editorial: illegal search. LVRJ 3/27/08 Gaming sets scope on club deals...

Nev. Sup. Ct. issues decisions

Posted on March 27, 2008
The Nevada Supreme Court issued a few decisions today: Sparks Nugget v. State of Nevada ex rel. Department of Taxation. It concerns a sales and use tax refund issue on a matter concerning complimentary patron and employee meals. In the Matter of the Orpheus Trust - addressing a special trustee's power over pincipal and income accrued before the special trustee's appointment...

Congratulations Boyd School of Law

Posted on March 26, 2008
Via Wild Wild Law, the UNLV Boyd of School of Law has moved up in the law school rankings in US News from 100 last year to 88 this year. Above The Law provides a copy of list.

Oral Argument Calendar: Tuesday, April 8

Posted on March 26, 2008
48420 FERGUSEN (ANGELO) VS. STATE 10:00 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Full Court ) 49254 BOUCHER VS. SHAW (NRAP 5) 10:30 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Full Court ) 48429 ADAVEN MGMT. VS. MOUNTAIN FALLS 11:30 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Full Court )

In the news

Posted on March 26, 2008
Judge's decision reversed: High court questions 'Downtown Initiative' LVRJ 3/26/08 Panel to review tough on crime effects. LVRJ 3/26/08 Jury finds Molina not guilty of sex charges. Lahontan Valley News 3/26/08 Cuts could bring layoffs. LVRJ 3/26/08 Legal eagles don't fly far from the coop...

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