JoNell: 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.descargar pain pro shot

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.descargar pain pro shot

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.descargar pain pro shot

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.descargar pain pro shot

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Opinions in civil cases: descargar pain pro shot

Rivero v. Rivero -descargar pain pro shot

Cook v. Sunrise Hospital & Medical Center -descargar pain pro shot

Five Star Capital Crop. v. Ruby -descargar pain pro shot

Estate of LoMastro v. American Family Ins. -descargar pain pro shot

Village League v. State, Bd. of Equalization -descargar pain pro shot

Mesagate HOA v. City of Fernley -descargar pain pro shot

Lehrer McGovern Bovis v. Bullock Insulationdescargar pain pro shot

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:descargar pain pro shot

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Nevada Supreme Court Seat Ddescargar pain pro shot

Mark Gibbons - $138,600/455,450descargar pain pro shot

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Dept. 6descargar pain pro shot

Elissa Cadish - $56,944/135,737descargar pain pro shot

Ben Childs - $5,927.57/11,352 descargar pain pro shot

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Dept. 7descargar pain pro shot

Linda Bell - $37,095/146,823descargar pain pro shot

Robert Spretnak - $1,475/10,733descargar pain pro shot

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Dept. 8descargar pain pro shot

Josh Kunis - $4,050/68,412descargar pain pro shot

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Dept. 10descargar pain pro shot

William Kephart - $129,950/263,900descargar pain pro shot

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Dept. 12descargar pain pro shot

Kurt Harris - $2,700/11,850descargar pain pro shot

Michelle Leavitt - $66,653/224,592descargar pain pro shot

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Dept. 14descargar pain pro shot

Chris Davis - $27,753/64,266descargar pain pro shot

Donald Mosley - $37,155/124,910descargar pain pro shot

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Dept. 17descargar pain pro shot

Bruce Gale - $1,930/1,900descargar pain pro shot

Michael Villani - $62,045/175,781descargar pain pro shot

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Dept. 23descargar pain pro shot

Jason Landess - $0/100,389descargar pain pro shot

Stefany Miley -  $52,950/197,290descargar pain pro shot

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Dept. 25descargar pain pro shot

Kathleen Delaney - $20,950/not provideddescargar pain pro shot

Susan Scann - $62,803/157,003descargar pain pro shot

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Reports on other candidates are available from Clark County and the Nevada Secretary of State. descargar pain pro shot

Monday, November 3, 2008

50079 STROMBERG (MICHAEL) VS. DISTRICT COURT
10:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) descargar pain pro shot

50445 SAVAGE (LONNIE) VS. DISTRICT COURT
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) descargar pain pro shot

51333 HERNANDEZ (MARCO) VS. DISTRICT COURT
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) descargar pain pro shot

45906 CITIZENS FOR COLD SPRINGS VS. CITY OF RENO
1:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) descargar pain pro shot

50356 CRAIN VS. DIST. CT. (MORA)
2:00 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) descargar pain pro shot

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 ) descargar pain pro shot

49754 MACK VS. ESTATE OF MACK
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) descargar pain pro shot

49883 HIGGS (CHAZ) VS. STATE
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court ) descargar pain pro shot

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."descargar pain pro shot

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."descargar pain pro shot

This Week

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Tuesday, October 28 - Pardons Board annual meetingdescargar pain pro shot

Tuesday, October 28 - Candidate Campaign and Expense Report #2 duedescargar pain pro shot

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Wednesday, October 29 - Pardons Board annual meetingdescargar pain pro shot

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Thursday, October 30 - Nevada Supreme Court opinion release daydescargar pain pro shot

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Friday, October 31 - State holiday.  State courts are closed.descargar pain pro shot

Friday, October 31 - Last day for early votingdescargar pain pro shot

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:descargar pain pro shot

From 1989 through 2007, 435 federal death penalty prosecutions have been authorized.descargar pain pro shot

There have been 176 federal death penalty trials, involving 233 defendants.  61 defendants were sentenced to death (26% of those tried received death verdicts).descargar pain pro shot

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.descargar pain pro shot

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. descargar pain pro shot

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.descargar pain pro shot

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.descargar pain pro shot

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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.descargar pain pro shot

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Other documentsdescargar pain pro shot

Statement of Charges - descargar pain pro shot

Del Vecchio's Answerdescargar pain pro shot

About this Archive

This page is a archive of recent entries written by JoNell in October 2008.descargar pain pro shot

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