October 2008 Archives

Jon Ralston will examine issues concerning Judge Mosley on tonight's Face to Face.  The description in the Las Vegas Sun looks interesting.

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

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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

Campaign & Expense Reports #2 Filed

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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

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Nevada Supreme Court Seat Dfree download recing games

Mark Gibbons - $138,600/455,450free download recing games

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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

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Dept. 7free download recing games

Linda Bell - $37,095/146,823free download recing games

Robert Spretnak - $1,475/10,733free download recing games

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Dept. 8free download recing games

Josh Kunis - $4,050/68,412free download recing games

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Dept. 10free download recing games

William Kephart - $129,950/263,900free download recing games

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Dept. 12free download recing games

Kurt Harris - $2,700/11,850free download recing games

Michelle Leavitt - $66,653/224,592free download recing games

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Dept. 14free download recing games

Chris Davis - $27,753/64,266free download recing games

Donald Mosley - $37,155/124,910free download recing games

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Dept. 17free download recing games

Bruce Gale - $1,930/1,900free download recing games

Michael Villani - $62,045/175,781free download recing games

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Dept. 23free download recing games

Jason Landess - $0/100,389free download recing games

Stefany Miley -  $52,950/197,290free download recing games

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Dept. 25free download recing games

Kathleen Delaney - $20,950/not providedfree download recing games

Susan Scann - $62,803/157,003free download recing games

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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
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50445 SAVAGE (LONNIE) VS. DISTRICT COURT
10:30 AM 30 min
Carson City Courtroom - Second Floor
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51333 HERNANDEZ (MARCO) VS. DISTRICT COURT
11:30 AM 30 min
Carson City Courtroom - Second Floor
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45906 CITIZENS FOR COLD SPRINGS VS. CITY OF RENO
1:30 PM 30 min
Carson City Courtroom - Second Floor
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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
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49883 HIGGS (CHAZ) VS. STATE
11:30 AM 30 min
Carson City Courtroom - Second Floor
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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

This Week

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Tuesday, October 28 - Pardons Board annual meetingfree download recing games

Tuesday, October 28 - Candidate Campaign and Expense Report #2 duefree download recing games

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Wednesday, October 29 - Pardons Board annual meetingfree download recing games

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Thursday, October 30 - Nevada Supreme Court opinion release dayfree download recing games

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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

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Del Vecchio Removed From Bench

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The Las Vegas Review Journal reports that Family Court Judge Nicholas DelVecchio was removed from office today by the Nevada Commission on Judicial Discipline.  He ntered a plea of no contest to 11 counts of violating judicial ethics rules.  His term was to have expired at the end of the year.  He was defeated for re-election in the primary.

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

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Other documentsfree download recing games

Statement of Charges - free download recing games

Del Vecchio's Answerfree download recing games

Performance Standards Adopted

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The Nevada Supreme Court has adopted Performance Standards for Indigent Defense. The standards will be implemented effective April 1, 2009. The Court also granted an extension of time to Washoe County and Clark County for the completion of weighted caseload studies. They will be due on May 15, 2009. The Court will hold a public hearing on January 6, 2009 to consider the final report from the Rural Issues Subcommittee and to hear a status report on the weighted case studies.

This Week

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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

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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

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This morning's order list is available here.free download recing games

Still having server problems

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I still haven't figured out how to transfer the old data, but my brief is finished and oral argument is over so I'm going to resume posting.  It's going to look a bit basic - but it is what it is.

Harmful Error break

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I'm having substantial problems with transferring the content of Harmful Error to the new server.  With an opening brief in a capital case due on Tuesday and an oral argument at the law school on Friday, there's no way that I can devote time to solving this issue - so it looks like Harmful Error will be on a hiatus for a few days or a week or so.  Please check back.

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.

Server problems

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Some of you may have noticed that Harmful Error was down for the last day.  I've switched to a new server and I hope the problems are now fixed.

About this Archive

This page is an archive of entries from October 2008 listed from newest to oldest.free download recing games

November 2008 is the next archive.free download recing games

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