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Mandatory e-filing begins Feb. 1

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From lvcourtsblog.com:

Pursuant to Administrative Order 09-12, electronic filing will be mandatory in the Eighth Judicial District Court on February 1, 2010 for all Civil and Domestic case filings.

Criminal filings will continue to be accepted over the counter at this time and may also be electronically filed.

Our current E-File vendor is Wiznet. Their website address is www.wiznet.com; their customer service telephone number is (800) 297-5377.

The court will provide a limited number of workstations for filing in the Courthouse for use by pro se litigants.

If you have any questions about the Court's requirements or processes, you can contact the Eighth Judicial District Court's Wiznet desk at 702-671-0514 (Civil/Criminal) and (702) 455-5941 or (702) 455-2357 (Family).

The Nevada Supreme Court will hold en banc oral arguments on Monday, January 4 in Carson City.

Betsinger (Steven) v. D.R. Horton, Inc.,

Docket No. 50510

Carson City - 10:00 a.m. - Full court

This case involves allegations of fraud and deceptive trade practices with respect to a deposit that was not returned when a mortgage loan was canceled.  In March 2003, Steve Betsinger signed a purchase contract with DHI Mortgage for a home in Las Vegas and paid an earnest deposit of $4,900.  When the parties disagreed about the applicable interest rate on the loan, Betsinger canceled the purchase contract.  The deposit was not returned.  Although the purchase contract provided that the earnest money would not be returned in the event of a cancellation, Betsinger testified that three DHI employees informed him that it would be returned.  Betsinger sued DHI and some of its employees for fraud and deceptive trade practices.  A jury awarded Betsinger approximately $58,000 in compensatory damages and $1.5 million in punitive damages. The district court later reduced the punitive damages to $300,000 pursuant to NRS 42.005, which caps the amount of punitive damages.  Both Betsinger and DHI have appealed the judgment.  ISSUES:  Is the cap on punitive damages constitutional?  Was it proper to award moving expenses to Betsinger?  Did the district court properly instruct the jury? 

Humboldt County Public Defender v. Dist. Ct. (Steve Cochran,

Docket No. 53460

Carson City - 11:30 a.m. - Full court

This is an original petition for a writ of mandamus and prohibition challenging the actions of District Judge Richard Wagner in the appointment of defense attorneys for criminal defendants.  Judge Wagner entered an order recusing himself in all cases involving Humboldt County Public Defender Matt Stermitz.  A few days later, Judge Wagner entered a second order removing Stermitz from certain criminal cases and appointing other defense counsel.  During the next few days, Judge Wagner reassigned three criminal cases from Stermitz to Steve Cochran, a Pershing County-based attorney.  Stermitz filed this writ petition, challenging Judge Wagner's orders.  ISSUE:  Were Judge Wagner's orders proper? 

PacifiCare of Nevada v. Griffiths (Alynne),

Docket No. 53789

Carson City - 1:30 p.m. - Full court

This case challenges a district court decision denying a motion to compel arbitration in a medical tort action.  Alynne Griffiths sued her health care provider, PacifiCare of Nevada, after she contracted Hepatitis C following treatment in a clinic recommended by PacifiCare.  PacifiCare filed a motion to compel arbitration, which the district court in Clark County denied. PacifiCare is now appealing that decision. ISSUE:  Did the district court properly deny the motion to compel arbitration?

The Silver Pinyon Journal reports that the Nevada Supreme Court will hear argument in January concerning a dispute between Humboldt County Public Defender Matt Stermitz and 6th Judicial District Court Judge Richard Wagner.  The article indicates that the PD has accused the judge of improperly interfering with the PD's Office by improperly assigning to the office cases involving termination of parental rights and then removing the office from all cases assigned to the judge. 

This and That

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The Senate Judiciary Committee approved the nomination of Daniel Bogden for Nevada's U.S. Attorney position.

Las Vegas Municipal Court George Assad has issued a letter of apology, pursuant to an order in June 2008 by the Nevada Supreme Court, to a woman who was detained until her boyfriend showed up in court to take of his unpaid traffic tickets.

The Ninth Circuit issued an opinion today in US v. Juvenile Male, in which it finds that part of the federal Sex Offender Registration and Notification Act is unconstitutional as applied to former juvenile offenders.

 

In an unpublished order, Smith v. State, the Nevada Supreme Court finds that the district court abused its discretion in failing to appoint counsel to represent a petitioner for his post-conviction petition for a writ of habeas corpus.  This is a recurring problem in the Eighth Judicial District as Clark County judges seldom appoint counsel for post-conviction proceedings.  In contrast, counsel is routinely appointed in Washoe County and the rural counties.

This and That

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The Nevada Supreme will return another $2.5 million to the State General Fund.

Justice Saitta has been chosen for a fellowship as one of 40 emerging state leaders.

The Indigent Defense Commission will meet today from 10 to 2 at the Nevada Supreme Court chambers in Las Vegas and Carson City.

On Friday, the Nevada Supreme Court denied OJ Simpson's motion for bail pending appeal.

Chris Owens will now be the Assistant District Attorney for the Criminal Division.  Former ADA Christopher Lalli will rejoin the Major Violators Unit.

Scotusblog previews a Nevada case that will be heard by the United States Supreme Court this fall: McDaniel v. Brown.

In a couple of weeks there will be another shuffling of cases among some of the criminal judges in the 8th Judicial District.  Judges Bell and Silver will now handle criminal and civil cases.  Judge Mosley will be assigned fewer criminal cases and will now handle all misdemeanor appeals and foreclosure mediation appeals.  Some criminal cases will also be transferred from Judge Hardcastle.  Notices should be sent approximately one week prior to any court dates.

8th JD E-Filing

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Eighth Judicial District Court Chief Judge T. Arthur Ritchie, Jr. has issued an administrative order detailing the Court's decision to require mandatory electronic filing beginning on February 1, 2010.

On February 1, 2010 the Eighth Judicial District Court will require mandatory electronic filing for all civil and criminal documents filed in the court (EJDC Administrative Order 09-12).

Prepare now with E-Filing Training (1 CLE)

What will the training cover?

  • Preparing and Planning for E-Filing before Feb. 1, 2010
  • Electronic service of documents.
  • EJDC Rules on E-Filing.
  • Best Practices for Success.

    Morning and afternoon training sessions will be held from 11:30 a.m.-12:30 p.m. and 3:30p.m.-4:30 p.m. on the following dates:

    • September 11th, 2009
    • September 25th, 2009
    • October 9th, 2009
    • October 23rd, 2009
    • November 13th, 2009

    Training sessions will be held in the Jury Services Lounge located on the 3rd floor at the Regional Justice Center (200 Lewis Ave.).  Space is limited to 50 participants per session.  Sign up now by calling (702) 671-4528.

    From lvcourtsblog.com:

    Effective September 15th, 2009, Las Vegas Justice Court Traffic Division will no longer schedule Attorney Sessions. These sessions will be heard utilizing a daily open format, on a first come, first serve basis.

    Attorneys may simply show up to Courtroom LLB with a printed register of actions. A maximum of 15 citations will be heard per visit. No need to pre-schedule or visit the Traffic Division Office several times before being heard. Court will be closed for lunch from 12 pm - 1 pm and for two 15 minute breaks (break times will vary).

    A register of actions may be obtained using the general public website:

    • www.clarkcountycourts.us/online
    • Click view & pay traffic citations online
    • Enter citation number click search
    • Click Blue citation number (upper left on screen)
    • File print

    Or the current attorney secure website:

    Judge Sandoval Resigns

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    More later, but here's the latest: Jon Ralston reports that U.S. District Court Judge Brian Sandoval has resigned from the federal district court bench.

    From the Nevada Appeal:

    "In an unusual move, the Nevada Supreme Court Tuesday ordered a Las Vegas woman released from prison.

    The order comes a month after the court reversed the conviction of Joy Winston as an habitual criminal, concluding the state failed to present sufficient evidence to support the jury verdict.

    Winston, 52, was convicted of burglary for allegedly trying to steal CDs from Wal-Mart. That conviction was used by the Clark County District Court to impose a life sentence after declaring Winston an habitual

    criminal.

    She was imprisoned in March 2008, facing a minimum 10 years before becoming eligible for parole.

    The high court ruled June 3 that there wasn't enough evidence to support the burglary conviction and, therefore, that the habitual criminal sentence could not stand.

    Winston's lawyer petitioned the high court for her release two weeks ago saying despite that ruling, the district court has refused to order her release and she was still in prison.

    The order issued Tuesday grants that petition. It states that "because our decision was based on a determination that the state had presented legally insufficient evidence to support the guilty verdict, the Double Jeopardy Clause of the United States Constitution precludes a second trial."

    Justices Michael Cherry, Nancy Saitta and Mark Gibbons disagreed with the district judge's claim she had no jurisdiction to release Winston. They directed the Supreme Court Clerk to issue an order for the district court to discharge the woman from custody."

     

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