Criminal Law

In the news, part I

Posted on March 14, 2008
I'm back (kicked off the jury panel of a federal murder case by a peremptory challenge - I'm not certain, but I think it was the government). So here's the news from the last three days (part I): Nevada regulators fine jail phone company $100,000. Nevada Appeal 3/14/08 Death sentence upheld in Vegas bar slaying...

Nevada Supreme Court issues opinions in 3 criminal cases

Posted on March 13, 2008
In State v. Lewis, the Court, sitting en banc, dismisses the State's appeal after concluding that the State does not have a right to appeal from an order of the district court granting a presentence motion to withdraw a guilty plea. In Dozier v. State, the Court sitting en banc with Justices Maupin and Cherry dissenting, affirms the dismissal of a post-conviction petition for a writ of habeas corpus...

In the news

Posted on March 11, 2008
The value of trust. Lahontan Valley News 3/11/08 (re: community work by inmates) Editorial: Undermining the public trust. LVRJ 3/11/08 (re: Judicial Discipline proceedings) Supreme Court overturns district court on murder case. LVSun 3/10/08 Gibbons may support criminal charges...

Posting to resume after jury duty

Posted on March 11, 2008
I've been summoned to jury duty in federal court for a trial beginning on Wednesday, March 12. I imagine the odds are slim that I will be selected, but who knows as the attorneys may discover that I could be the ideal juror. I don't know if the case is criminal or civil, or if it will last a day or 8 weeks, or if I will be ousted as a potential juror within the first 5 minutes, but I do know that I am going to refrain from reading newspapers until my service is over so Harmful Error will be post-free until my return.

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Nevada Supreme Court to hold hearing on stay of indigent defense policy

Posted on March 10, 2008
On March 18th, at 3:00 p.m., the Nevada Supreme Court will hear from Pershing County, Humboldt County, Judge Wagner, Washoe County and any other interested parties concerning Pershing County's and Humboldt County's motions to set aside the Court's order concerning representation of indigent defendants; Judge Wagner's petition to exempt the Sixth Judicial District Court from the order; and Washoe County's letter seeking relief from the order...

In the news

Posted on March 10, 2008
FBI, metro and AG serve clinic search warrants. LVSun 3/10/08 Judicial Commission: Judges punished in private. LVRJ 3/10/08 Simpson trial now set for September. LVRJ 3/8/08 Judge upholds O.J. Simpson charges, delays trial. Nevada Appeal 3/7/08 Nevada court rejects bid for lethal injection review...

In the news

Posted on March 07, 2008
Lawsuit filed over inmate care in Nevada prisons. Elko Daily 3/6/08 NNCC inmates moved to ease overcrowding. RGJ 3/7/08 Smith: mistrial sets back high-profile meth distribution case for third time. LVRJ 3/7/08 Court denies bid for disbarred attorney to be reinstated...

Oral argument recording available in Morales v. State

Posted on March 06, 2008
An audio recording of this morning's oral argument in Morales v. State is now available at the Nevada Supreme Court's website. Morales, who is represented by Christopher Oram on appeal, argued that the trial should have been continued; the prosecutor violated the 5th Amendment by asking the defendant why he did not tell a detective that he was not guilty; the State violated the defendant's rights by eliciting testimony from a detective that one witness was telling the truth and another was lying; the court erred in allowing evidence of prior bad acts; and the State impermissibly asked about a polygraph examination...

Oral argument recording available in Robles v. State

Posted on March 06, 2008
An audio recording of this morning's oral argument in Robles v. State is now available at the Nevada Supreme Court's website. Robles, who is represented by John Momot on appeal, argued that he was deprived of his right to cross-examine a witness during the penalty phase, denied his right to cross-examine about a guilt phase witness's prior convictions and benefit of not being adjudicated a habitual criminal, and denied his right to present evidence of a 911 call that supported the defense...

ACLU files lawsuit re: Ely Prison medical care

Posted on March 06, 2008
The ACLU's National Prison Project has filed a lawsuit against the Ely State Prison based upon the callous disregard of prison officials concerning medical care of inmates. A description of the lawsuits, a podcast of an interview of the mother of a deceased inmate, a podcast with the Associate Director of the National Prison Project, and a podcast with a Staff Attorneys from the ACLU's Capital Punishment Project are available at the ACLU's website...

Nevada Supreme Court issues opinions - all civil

Posted on March 06, 2008
In re Tiffany Living Trust 2001 - "In these consolidated appeals, we consider whether an attorney, whose law firm partner prepares an estate plan for a client who names the attorney as a beneficiary, has overcome the presumption of undue influence. We further consider whether violations of the Nevada Rules of Professional Conduct afford a private right of action...

In the news

Posted on March 06, 2008
Ely State Prison: lawsuit to be filed over inmate care. LVRJ 3/6/08 Rizzolo in halfway house blocks from club he owned. LVSun 3/6/08 State, feds pummel programs for poor. LVSun 3/6/08 Kickback case claims presented. LVRJ 3/6/08 Morrison: Beauty regimen, epiphany, testimony will not spark respect for surgeon...

Oral argument recording available in Wheeler v. State

Posted on March 05, 2008
An audio recording of this morning's oral argument in Wheeler v. State is now available at the Nevada Supreme Court's website. This is a Washoe County case which presents the issue of whether NRS 200.485 should apply, rather than NRS 200.481, in cases of domestic battery causing substantial bodily harm...

Clark County DA warns of problems with ODV testing of meth

Posted on March 05, 2008
Assistant District Attorney Christopher Lalli has issued a Memorandum concerning problems with ODV testing of methamphetamine. He reports that the DA's Office was informed by Metro that the ODV field test for methamphetamine gives a positive reaction for a substance (isopropylbenzylamine) that is not methamphetamine and is not a controlled substance...

5 positions open on State Bar Board of Governors

Posted on March 05, 2008
The State Bar of Nevada will have five positions open in 2008. Four positions are for Clark County and one position is for Washoe County. Nominations open March 29 and close April 12. The nomination form is available on-line.

NACJ Board Meeting Today

Posted on March 05, 2008
The Nevada Attorneys for Criminal Justice will hold its monthly board meeting today at noon at the Federal Public Defenders Office (Bonneville and Las Vegas Blvd). All members are welcome to attend.

In the news

Posted on March 05, 2008
Judge to hear lawyer's request to withdraw Mack's guilty plea. RGJ 3/5/08 Washoe jail reveals $18 million expansion. RGJ 3/5/08 Halverson hearing scheduled for April. LVRJ3/5/08 Reno police: DNA mixup doesn't change serial rapist probe. Nevada Appeal 3/4/08 Disease scare adds to glut of lawyer ads on local TV...

Oral argument recording available in Rubio v. State

Posted on March 04, 2008
An audio recording of this morning's oral argument in Rubio v. State is now available at the Nevada Supreme Court's webside. The case concerns a claim by the appellant that she should have been allowed to withdraw her plea of guilty where her plea agreement was not in Spanish and she did not speak English, her attorney did not personally review her plea agreement with her but instead relied upon a court interpreter to give advice about the plea agreement, and the interpreter provided erroneous advice about the immigration consequences of the plea.

Afternoon update

Posted on March 04, 2008
The Las Vegas Review Journal reports that the Nevada Supreme Court has upheld the convictions of Sandy Murphy and Rick Tabish for conspiracy, burglary and grand larceny based upon the removal of $7 million in silver from Ted Binion's underground vault in Nye County...

Four stays issued in competency matters

Posted on March 04, 2008
By Howard Brooks Over the past week, the Nevada Supreme Court has issued four stays of proceedings in four cases involving competency issues. Right to Review Reports In State v. Christopher John Scarbo, District Court Case No. 240375, and State v...

In the news

Posted on March 04, 2008
Killer to get new trial. LVSun 3/4/08 (re: Leonard Hill) Gibbons, new chief pledge to fix agency. LVRJ 3/4/08 Conspiracy, fraud trial: Surgeon tells of 'stupidity, greed.' LVRJ 3/4/08 Smith: Immunity deal keeps Venger safe from prison, but it can't save his reputation...

Oral argument recording available in City of Las Vegas v. District Court

Posted on March 03, 2008
An audio recording of this morning's oral argument in City of Las Vegas v. District Court (Meunier) is now available at the Nevada Supreme Court's website. The case presents the issue of whether District Court Judge Adair manifestly abused her discretion in finding NRS 33...

Oral argument previews

Posted on March 03, 2008
The Nevada Supreme Court will hold oral arguments this week. Based upon the captions, it appears that there are four or five criminal cases. Today at 1:30, the Court, sitting en banc, will hear argument in City of Las Vegas v. District Court (Meunier)...

In the news

Posted on March 03, 2008
Swift justice, so long as you're not waiting for the elevator. LVSun 3/3/08 Highway Patrol having trouble tracking its things, audit finds. LVSun 3/3/08 Deal close on wiretap law, a top Democrat tells CNN. NYTimes 3/3/08 Illinois weighs second changes...

Weekend news

Posted on March 02, 2008
Drug-dog proposal draws ire of ACLU. Lahontan Valley News 3/2/08 ACLU cautions Churchill school board about drug-sniffing policy. Nevada Appeal 3/1/08 Auditors: One-third of Nevada sex offenders did not get timely assessments. Lahontan Valley News 3/1/08 Parole and probation: Public's safety at risk: audit...

In the news

Posted on February 29, 2008
Prison crowding targeted in state. RGJ 2/29/09 Heller seeks funding for DNA analysis. RGJ 2/29/09 Man in critical condition after ricin find in room at Vegas motel. Nevada Appeal 2/29/08 Nevada inmate pleads not guilty in judge slaying plot case...

Shameful

Posted on February 28, 2008
It's been my intention for awhile to post photos of bad attorney ads and to post videos of bad attorney commercials, but I haven't figured out the plug-ins and other things (like writing briefs) tend to get in the way of my quest to conquer blogging. I wish I had devoted a couple of hours to this though as I would really, really like to post a youtube video as it may be one of the most shameful things I've encountered from a Las Vegas criminal defense attorney...

Pew report features Nevada incarceration issues

Posted on February 28, 2008
As noted below in the "In the news" post, the Pew Center on the States has issued a report: One in 100: Behind Bars in America 2008. The report makes several references to Nevada incarceration issues and discusses AB 510 and the Legislature's effort to deal with sentencing issues...

Nevada Supreme Court issues 2 civil opinions

Posted on February 28, 2008
Nevada Classified Sch. Emp. Ass'n v. Quaglia - "In this appeal, we consider whether a corporate bylaw is invalid when it contravenes the voting requirements of the corporation's articles of incorporation. We conclude that a corporation's bylaw is void to the extent that it is inconsistent with the corporation's articles of incorporation...

In the news

Posted on February 28, 2008
1 in 100 US adults behind bars, new study says. Adam Liptak, NYTimes 2/28/08 Jury: Loncar not guilty. Elko Daily 2/28/08 Defense attorney: 'End the madness': Evans says no proof of murder presented. Elko Daily 2/27/08 Asthma or murder: DA closes arguments with chilling theory...

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