Nevada Judges: July 2009 Archives

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."

 

The Executive Judicial Committee of the Eighth Judicial District Court has announced a plan for reassigning caseloads for five judicial departments in the Eighth Judicial District Court. The reassignments will involve the following judges: Judge Doug Smith, Judge Elizabeth Gonzalez, Judge Mark Denton, Judge Allan Earl and Judge Kathleen Delaney. While the actual caseload transfer will occur the weekend of July 25 and 26, 2009, the changes will be in effect starting Monday, July 27, 2009.

Effective Monday, July 27, 2009, the judicial department calendars will reflect the following changes:

  • Judge Doug Smith, Department 8, will acquire Judge Elizabeth Gonzalez's Criminal Caseload (Criminal Track 3).
  • Judge Allan Earl, Department 19, will be receiving approximately 800 of Judge Doug Smith's Civil Cases through a random reassignment.
  • Judge Allan Earl, Department 19, will be receiving approximately 400 of Judge Kathleen Delaney's Civil Cases through a random reassignment.
  • Judge Kathleen Delaney, Department 25 will be receiving approximately 50% of Judge Mark Denton's Business Court Cases through a random reassignment.

Effective July 27, 2009, any pending or future District Court matters, for reassigned cases, will be heard in the department consistent with the information above.

In the event the attorney has not exercised a peremptory challenge and wishes to do so, he/she must exercise the peremptory challenge in accordance with Supreme Court Rule 48.1 and the case will be randomly reassigned.

To confirm the newly assigned department or future court dates, parties may view the Eighth Judicial District Court's on-line case inquiry information at https://www.clarkcountycourts.us/Anonymous/default.aspx.

Via lvcourtsblog.com

 

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This page is a archive of entries in the Nevada Judges category from July 2009.

Nevada Judges: March 2009 is the previous archive.

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