Entries tagged with “appointment of counsel” from Harmfulerror

The Nevada Supreme Court issued an unpublished order in Humbold County Public Defender v. Sixth Judicial District Court (Judge Wagner).  The Court grants a writ in part after finding that the judge was actually biased against the public defender.  After entering an order of recusal, the judge lacked authority to enter a second order in which he reclaimed future cases involving the attorney, from which he had already recused himself, and ordering that the attorney be removed from any cases assigned to the judge.

The unpublished order is available here.

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?

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.