October 2008 Archives
State v. Harte - The Court, sitting en banc, affirms an order of a district court partially granting a post-conviction petition for a writ of habeas corpus in a death penalty case. The Court rejects the State's argument that McConnell v. State (felony murder cannot be used as the sole basis for liability for first degree murder and also used as an aggravating circumstance) was wrongly decided. The Court also rejects the State's argument that there should be a new trial, rather than just a new penalty hearing, in capital cases in which the sole aggravating circumstance is found invalid under McConnell. The majority opinion is authored by Justice Maupin and joined by Justices Gibbons, Douglas and Cherry. Justices Hardesy, Parraguirre and Saitta concur but express a belief that there are three fundamental flaws in McConnell's analytical framework.free download recing games
Hernandez v. State - The Court, sitting en banc, affirms a district court order denying a post-conviction petition for a writ of habeas corpus in a capital case. In doing so, the Court declines to extend McConnell v. State to bar the dual use of torture as a theory of first-degree murder and as an aggravating circumstance to support a death sentence. The Court, however, finds the aggravating circumstance of burglary to be invalid under McConnell, reweighs the aggravating and mitigating evidence and affirms the death sentence. The Court rejects other post-conviction claims. Justice Cherry dissents in part after finding that the defendant should have received a new penalty hearing because the jury may have imposed a sentence of less than death without the invalid aggravating circumstance.free download recing games
Cortinas v. State - The Court (Justices Hardesty, Parraguirre & Douglas) holds that traditional harmless-error review applies when a general verdict based on multiple theories of liability may rest on a legally invalid alternative theory. The Court also reaffirms its prior holdings that robbery is a general intent offense.free download recing games
Rubio v. State - Counsel's affirmative misrepresentations of immigration consequences is an exception to the general rule that deportation is a collateral consequence that does not affect the voluntariness of a guilty plea. Misrepresentations by a court interpreter, however, are not an exception to the general rule. The Court also rules that the district court abused its discretion in failing to hold an evidentiary hearing on claims of ineffective assistance of counsel.free download recing games
Opinions in civil cases: free download recing games
Rivero v. Rivero -free download recing games
Cook v. Sunrise Hospital & Medical Center -free download recing games
Five Star Capital Crop. v. Ruby -free download recing games
Estate of LoMastro v. American Family Ins. -free download recing games
Village League v. State, Bd. of Equalization -free download recing games
Mesagate HOA v. City of Fernley -free download recing games
Lehrer McGovern Bovis v. Bullock Insulationfree download recing games
The deadline for candidate Campaign & Expense Report #2 was yesterday, October 28. The available reports show the following contributions for the period of August 1, 2008 to October 23, 2008 and the total contributions to date:free download recing games
Nevada Supreme Court Seat Dfree download recing games
Mark Gibbons - $138,600/455,450free download recing games
Dept. 6free download recing games
Elissa Cadish - $56,944/135,737free download recing games
Ben Childs - $5,927.57/11,352 free download recing games
Dept. 7free download recing games
Linda Bell - $37,095/146,823free download recing games
Robert Spretnak - $1,475/10,733free download recing games
Dept. 8free download recing games
Josh Kunis - $4,050/68,412free download recing games
Dept. 10free download recing games
William Kephart - $129,950/263,900free download recing games
Dept. 12free download recing games
Kurt Harris - $2,700/11,850free download recing games
Michelle Leavitt - $66,653/224,592free download recing games
Dept. 14free download recing games
Chris Davis - $27,753/64,266free download recing games
Donald Mosley - $37,155/124,910free download recing games
Dept. 17free download recing games
Bruce Gale - $1,930/1,900free download recing games
Michael Villani - $62,045/175,781free download recing games
Dept. 23free download recing games
Jason Landess - $0/100,389free download recing games
Stefany Miley - $52,950/197,290free download recing games
Dept. 25free download recing games
Kathleen Delaney - $20,950/not providedfree download recing games
Susan Scann - $62,803/157,003free download recing games
Reports on other candidates are available from Clark County and the Nevada Secretary of State. free download recing games
Monday, November 3, 2008
50079 STROMBERG (MICHAEL) VS. DISTRICT COURT
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) free download recing games
50445 SAVAGE (LONNIE) VS. DISTRICT COURT
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) free download recing games
51333 HERNANDEZ (MARCO) VS. DISTRICT COURT
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) free download recing games
45906 CITIZENS FOR COLD SPRINGS VS. CITY OF RENO
1:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) free download recing games
50356 CRAIN VS. DIST. CT. (MORA)
2:00 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) free download recing games
Tuesday, November 4, 2008
49961 WASHOE CO. SCHOOL DIST. VS. WASHOE EDUCATION ASS'N
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) free download recing games
49754 MACK VS. ESTATE OF MACK
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) free download recing games
49883 HIGGS (CHAZ) VS. STATE
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) free download recing games
The Nevada Standing Committee on Judicial Ethics and Election Practices has issued Opinion JE08-15. The issue presentented is "May a recently elected justice of the peace continue to serve on the Nevada Council for the Prevention of Domestic Violence?" The short answer is "Yes, with full disclosure."free download recing games
The Committee also issued Opinion JE08-14. The issue presented is "May a judge preside over cases in adult guardianship court for attorneys who are tenants in a commercial building owned by the judge?" The short answer is "No."free download recing games
Tuesday, October 28 - Pardons Board annual meetingfree download recing games
Tuesday, October 28 - Candidate Campaign and Expense Report #2 duefree download recing games
Wednesday, October 29 - Pardons Board annual meetingfree download recing games
Thursday, October 30 - Nevada Supreme Court opinion release dayfree download recing games
Friday, October 31 - State holiday. State courts are closed.free download recing games
Friday, October 31 - Last day for early votingfree download recing games
Via the Death Penalty Information Center, a 55 page report, Update on the Cost, Quality, and Availability of Defense Representation in Federal Death Penalty Cases, has been issued by the US Courts' Judicial Conference Committee on Defender Services. The numbers are interesting:free download recing games
From 1989 through 2007, 435 federal death penalty prosecutions have been authorized.free download recing games
There have been 176 federal death penalty trials, involving 233 defendants. 61 defendants were sentenced to death (26% of those tried received death verdicts).free download recing games
The study examines the cost of federal capital cases by examining cases with defendants who were eligible for the death penalty and comparing those authorized for the death penalty by the Attorney General against those which were not authorized. The cases examined took place between 1998 and 2004. The median cost for a non-authorized case was $76,665. Cases in which prosecutors were authorized to seek the death penalty were substantially more expensive with a median cost of $353,185. The median cost for authorized cases that went to trial was $465,602.free download recing games
The death penalty cases also showed a far greater number of attorneys per case, with a median of 436 hours in non-authorized cases and 2,014 in death authorized cases. Authorized death cases that went to trial had a median of 2,746 attorney hours while plea cases averaged 1,028 hours. free download recing games
Death authorized cases also carry a much higher cost for expert witnesses. While non-authorized cases had a median cost of $5,275 for experts, death authorized cases had a median cost of $83,090 for all cases and $101,592 for those cases that went to trial.free download recing games
The cost of the defense case had a huge impact upon the verdict received in the case. Defendants who received the least amount of attorney and expert time, and whose defense representation thus cost the least, facted a higher probability of receiving a sentence of death. 1/3 of the defendants had trials that had a defense cost of $320,000 or less. Those defendants received a death sentence in 44% of the cases. In the remaining 2/3 of cases, which cost in excess of $320,000, the defendant received a death sentence only 19% of the cases.free download recing games
The Las Vegas Review Journal reports that 27 of 38 charges were dropped against Family Court Judge Nicholas Del Vecchio, including accusations that he sexually abused his ex-wife's 14-year-old daughter. The Judicial Discipline Commission did not state why the charges were dropped. It also notes that settlement in the case will be discussed today.free download recing games
Other documentsfree download recing games
All week - early votingfree download recing games
Monday, October 20 - The United States Supreme Court issues orders from its conference of last Friday.free download recing games
Monday, October 20 9:00 a.m. - Legislative Advisory Commission on the Administration of Justice holds a hearing.free download recing games
Thursday, October 23 - Nevada Supreme Court opinion release dayfree download recing games
Friday, October 24 - Judicial Council Meetingfree download recing games
The United States Supreme Court does not hold oral arguments this week.free download recing games
Via Scotusblog, this morning the United States Supreme Court granted certiorari in Flores-Figueroa v. United States. The issue presented is whether a federal statute which enhances a sentence for identify theft requires proof that the defendant knew that the identity card or number he had used belonged to another, actual person.free download recing games
This morning's order list is available here.free download recing games
NACJ will host a mixer with judicial candidates on Wednesday at the bar that is upstairs by Hennessey's and Micky Finn's. I think it's at 5 or 5:30. All criminal defense attorneys are invited to attend.
