Criminal Law

LV Justice Court offers e-mail confirmations of counsel

Posted on March 25, 2008
Las Vegas Justice Court now offers legal counsel the opportunity to notify the Court by e-mail when counsel has been retained in a criminal case. This does not apply to traffic cases. For convenience, a Notice of Confirmation of Counsel form has been uploaded to the website, http://www...

Oral argument calendar: Monday, April 7

Posted on March 25, 2008
47771 JONES (EDWARD) VS. STATE (DEATH PENALTY P/C) 10:00 AM 60 min Las Vegas Courtroom - 17th Floor En Banc (Full Court ) 49241 WYNN LAS VEGAS LLC VS. BALDONADO C/W 48831 11:00 AM 30 min Las Vegas Courtroom - 17th Floor En Banc (Unassigned ) 48831 BALDONADO VS...

In the news

Posted on March 25, 2008
DA says cuts could collapse courts. RGJ 3/25/08 Juvenile sex offender laws muddy waters. LVSun 3/25/08 (AG) Opinion: Nevada's illegal immigrant hiring law won't work. Nevada Appeal 3/24/08 Are we too tough on crime? Nevada Appeal 3/25/08 Parole and probation chief resigns...

US Supreme Court rules on state criminal vs. international law/presidential powers

Posted on March 25, 2008
The United States Supreme Court has issues a 6-3 decision in Medellin v. Texas. In a 6-3 opinion, authored by Chief Justice Roberts, the Court holds that neither a decision by the International Court of Justice or a Memorandum by the President was a directly enforceable binding federal law on Texas in its determination of whether the defendant was entitled to file a second, successive habeas petition...

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Boyd School of Law presents 3 lectures this week

Posted on March 24, 2008
The William S. Boyd School of Law will present three lectures this week: March 24 - Peace In the Desert: featuring Haleh Esfandiari, who will speak on "Iran-U.S. Relations: A View From Prison." March 25 - "Mass Atrocity and Traditional Dispute Resolution: The Rwandan and Ugandan Experiences" by Mark A...

Acquittal in murder case

Posted on March 24, 2008
Congratulations to Clark County Special Public Defenders Randy Pike and Charlie Cano on obtaining a verdict of not guilty in a first-degree murder case. The verdict was returned late on Friday in the case of State v. Vantrease.

Article 6 Commission to Meet Wednesday

Posted on March 24, 2008
The Nevada Supreme Court's Article 6 Commission will meet on Wednesday, March 26 at noon to consider several issues, including possible amendments to the Nevada Constitution. Agenda items include: * Whether to take positions on creation of an Intermediate Court of Appeals and Merit Selection of Judges * Judicial Performance Evaluations * The Commission on Judicial Discipline * Campaign Contribution Disclosures * Commission Membership and Possible Addition of a Supreme COurt Justice * Public Perception of the Judicial System * Review of Specialized Courts * Demographic Information to Help Determine Future Needs The meeting will take place in room 107 of the Supreme Court Library and the Court's chambers on the 17th Floor of the Regional Justice Center...

In the news

Posted on March 24, 2008
It's a slow news day in Nevada, so here's some news from elsewhere: 1970s Radical Wrongly Set Free is Back in Prison. NYTimes 3/24/08 Sara Jane Olson rearrested. LATimes 3/23/08 Supreme Court takes on TV's dirty words. LATimes 3/22/08 White House: Computer hard drives tossed...

This week at the US Supreme Court

Posted on March 24, 2008
The United States Supreme Court will hear oral arguments this week. Monday Burgess v. United States - what qualifies as a "felony drug offense" for felony sentencing purposes United States v. Clintwood Elkhorn Mining - tax refund and Tucker Act statute of limitations Riley v...

US Supreme Court grants cert. in 2 cases

Posted on March 24, 2008
Via Scotusblog, he United States Supreme Court granted certiorari this morning in two cases: United States v. Hayes - Whether, to qualify as a "misdemeanor crime of domestic violence" under 18 USC 922(g)(9), the offense must have as an element a domestic relationship between the offender and the victim...

Weekend news

Posted on March 22, 2008
Lawyer disbarred after conviction revealed. LVRJ 3/22/08 Indigent defense reforms delayed. LVRJ 3/22/08 Neighborhood's hue and cry directed at pink law office. LVRJ 3/22/08 Editorial: Indigent defense. LVRJ 3/22/08 Nevada court delays indigent defense reforms...

:( Nevada Supreme Court stays indigent defense order

Posted on March 21, 2008
The Nevada Supreme Court has issued an order concernind ADKT 411, which addresses representation of indigent defendants in criminal and juvenile delinquency cases. The Court orders the following: The Indigent Defense Commission shall reconvene. The membership in the Indigent Defense Commission shall be expanded to include two representatives from the Nevada District Attorneys Association...

Advisory Committee on Administration of Justice to meet on Monday

Posted on March 21, 2008
The Advisory Commission on the Administration of Justice's Subcommittee to Consider Issues Related to a Study of "Truth in Sentencing" will meet on Monday, March 24 at noon in room 3137 of the Legislative Building in Carson City. The meeting will be videoconferences to room 4412 of the Grant Sawyer Office Building in Las Vegas...

State Bar Board Nominations extended

Posted on March 21, 2008
The State Bar of Nevada has changed its dates for nominations to its Board of Governors. Nominations may now be submitted from March 20 to April 12. An updated form is available.

Death Penalty updates

Posted on March 21, 2008
Headlines from the Death Penalty Information Center: New Poll Finds Increase in Opposition to Death Penalty Events: The Legislative Abolition of the Death Penalty in New Jersey Supreme Court Strikes Down Conviction of Death Row Inmate Because of Bias in Jury Selection New Voices: US Attorney General Opposes Death Sentences in Military Commission Trials Georgia Supreme Court Denies New Trial to Death Row Inmate with Innocence Claim New Resources: Native Americans and the Death Penalty Study Reveals Maryland Pays $37 Million Per Execution Posts from Capital Defense Weekly: An oldie but goodie on eyewitness testimony (video) Lingering doubt One last look at Snyder Race still matters in jury selection Death penalty study bill looks to pass in Maryland Losses in the heart of old Dixie New scholarship on charging decisions A key rehearing Poll numbers

In the news

Posted on March 21, 2008
Evidence found at Detective's home. KTNV 3/20/08 Ricin officer tested for trace amounts in blood. LVSun 3/21/08 Court rules governments must subsidize retired workers' health insurance. LVSun 3/20/08 Nevada high court reverses ruling on health insurance...

Nevada Supreme Court issues one opinion

Posted on March 20, 2008
Public Employees' Benefits Prog. v. LVMPD In an en banc opinion authored by Justice Hardesty, the Court reverses a district court decision concerning a local government employers' obligation to subsidize health insurance premiums of their retirees who choose to participate in the State Public Employees' Benefit Program...

Nevada Supreme Court denies Halverson writ

Posted on March 20, 2008
Yesterday the Nevada Supreme Court entered an Order Denying Petition for Writ of Mandamus or Prohibition in Halverson v. Nevada Commission on Judicial Discipline. The Court finds that Halverson's due process rights were not violated and that "she has articulated no prejudice other than speculative damage to her reelection campaign, which is not the type of interest that is protected by by due process...

And now for something pretty much unrelated

Posted on March 20, 2008
A moment of personal indulgence, which is for the most part unrelated to criminal law: As noted previously, I joined the Special Public Defender's Office a few months ago. My private practice office space is available and in need of a tenant or two...

In the news

Posted on March 20, 2008
Killer of Carson teen loses 7th try at reduced sentence. Nevada Appeal 3/19/08 Legal wizards enjoy their annual Ely conference. Ely Times 3/19/08 A little late, witness in 'show and tell' figure's trial recants his testimony. LVSun 3/20/08 Escaped Nevada inmate captured in Oklahoma...

In the news

Posted on March 19, 2008
Nevada court hears clashing pleas on indigent defense reforms. Nevada Appeal 3/18/08 Court urged to rethink public defender order. LVRJ 3/19/08 Fraud, conspiracy trial: Gage case results in mistrial. LVRJ 3/19/08 Open government: Finances web site coming...

US Supreme Court overturns death sentence in race-based challenge case

Posted on March 19, 2008
The United States Supreme Court issued a decision this morning in Snyder v. Louisiana. In a 7-2 decision authored by Justice Alito, the Court held that a Louisiana death sentence should be overruled because the trial judge committed clear error in ruling on the defendant's objection to a prosecution peremptory challenge, which the defendant argued was based on race...

Mistrial declared in Gage case

Posted on March 18, 2008
The Las Vegas Sun reports that a mistrial has been declared in the federal trial of lawyer Noel Gage following approximately one week of deliberations.

Nevada Supreme Court to hold meeting on indigent defense today

Posted on March 18, 2008
At 3:00 p.m. today the Nevada Supreme Court will hold a public meeting concerning ADKT, which addresses representation of indigent defendants in criminal and juvenile delinquency cases. The meeting will be held in Carson City and video conferenced to the Court's chambers in Las Vegas, on the 17th floor of the Regional Justice Center...

Audio of DC v. Heller oral argument is now available

Posted on March 18, 2008
An audio recording of this mornings oral arguments re: the Second Amendment and whether it protects an individual's right to possess guns will be available soon from C-SPAN. (posted at 9 am pacific time)

In the news

Posted on March 18, 2008
Report: $42.5M for specialty courts could keep thousands out of prison. Nevada Appeal 3/18/08 Charges against Jeffs may dwindle. LVRJ 3/18/08 Brother: Ricin not meant to harm others. LVRJ 3/18/08 Editorial: Big day at high court. LVRJ 3/18/08 Boggs faces more campaign finance scrutiny...

CLE opportunities

Posted on March 17, 2008
NACDL Making Sense of Science - April 4th and 5th in Las Vegas Warriors for the Defense: Trial techniques from the Masters. May 1-4, New York Sculpting the Winning Case on Cross-Examination. July 30 - August 2nd - Milawaukee Making the Case for Life, Sept...

In the news

Posted on March 17, 2008
Court dress and attitude in sentencing. Lahontan Valley News 3/16/08 Drug sniffing dog proposal still being discussed by school district. Lahontan Valley News 3/15/08 Courthouse's first floor renovated for new justice court. Lahontan Valley News 3/15/08 After 21 years on hold, she's read for life...

This week at the US Supreme Court

Posted on March 17, 2008
The US Supreme Court is back from its break and is scheduled to hear several interesting arguments this week: Monday Republic of the Philippines v. Pimentel - concerning the assets of former Philippine President Ferdinand Marcos Rothgery v. Gillespie County - The petitioner was arrested and brought before a magistrate judge who informed petitioner of the accusation against him, found probable cause that he had committed the offense based on a police officer's sworn affidavit, and committed him to jail pending trial or the posting of bail...

Supreme Court grants cert. in 8 cases

Posted on March 17, 2008
The United States Supreme Court granted certiorari in 8 cases this morning. All of the cases will be heard next term. Several cases present questions concerning criminal law: Melendez-Diaz v. Massachusetts - whether the Confrontation Clause is violated where a prosecutor offers a crime lab report as evidence in a criminal trial, instead of the live testimony of the expert who prepared the report...

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