Oral argument calendar: November 12

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Thiede (Cody) v. State of Nevada

            Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons

Docket No. 50164

In this case, Cody Thiede is appealing his jury conviction in Lincoln County for one count each of sexual assault of a child under 14 years of age, lewdness with a child under 14 years of age, and first-degree kidnapping.  The charges were based on two incidents involving a single victim, S.C.  During the trial, the district judge questioned a nurse regarding the physical examination of the victim and also questioned a sheriff's deputy about conflicting testimony regarding locks on the victim's bedroom door.  Thiede argues that this questioning by the judge improperly elicited testimony that favored the State's case.  Thiede also argues that the prosecutor committed misconduct by, among other actions, commenting on Thiede's exercising his right to remain silent and commenting on the victim's demeanor.  ISSUES:  Was the trial judge biased?  Did the prosecutor engage in misconduct warranting reversal of the judgment of conviction?

Thiede (Cody) v. State of Nevada

            Carson City - 10:30 a.m. - Justices Cherry, Saitta, and Gibbons

Docket No. 50603

In this case, Cody Thiede is appealing his conviction by a jury in Lincoln County for two counts of lewdness with a child under 14 years of age.  The charges were based on three incidents involving a single victim, J.J.  Thiede argues that the prosecutor committed misconduct by vouching for the victim's veracity, inflaming the jurors' passions, and referring to facts not in evidence.  ISSUES:  Did the prosecutor engage in misconduct warranting reversal of the judgment of conviction? 

Madsen (Patrick) v. State of Nevada

            Carson City - 11:30 a.m. - Justices Cherry, Saitta, and Gibbons

Docket No. 51270

In this case, Patrick Madsen is appealing his conviction in Lincoln County on two counts each of sexual assault of a child under 14 years of age and lewdness with a child under 14 years of age.  At the sentencing hearing, a letter from the victim's mother was provided to the court and counsel stating that Madsen should receive the maximum sentence for several reasons, including that he gave the victim a sexually transmitted disease.  Madsen asked the district court to set aside the verdict and for a new trial, arguing that the prosecution withheld the letter, but that motion was denied.  Madsen now appeals his conviction and the denial of his motion for new trial.  ISSUES:   Did the district court err in denying appellant's motion to dismiss the lewdness counts because the lewdness charges were redundant and duplicative in relation to the sexual assault charges?  Did the district court err in denying appellant's motion to set aside the verdict and for new trial? 

The Nevada Supreme Court provides a live webcast of its oral arguments.  The link appears on the Court's home page shortly before arguments begin.  Audio recordings of arguments are generally available a few hours after the argument.

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This page contains a single entry by JoNell published on November 10, 2009 11:00 AM.

9th Circuit issues opinion addressing CJA fees was the previous entry in this blog.

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