Entries from Harmfulerror tagged with 'death penalty'

US Supreme Court issues 1 decision, grants cert. in 2 criminal cases

This morning the Court issued an opinion in Abbott v. United States and Gould v. United States.  The Court held that a federal defendant is subject to the highest mandatory minimum specified for his conduct in 18 USC 924(c) unless...

Oral Argument Calendar: Nov. 2

Marrs (Shirley) v. Schiff (Dr. Steven), Docket No. 53601 Carson City - 10:00 a.m. - Full Court (Justice Hardesty disqualified) This is an appeal from a Washoe County district court judgment in a medical malpractice action, which alleged that doctors...

This and That

"An Illegal Search, by GPS" - Editorial, New York TimesAll Eyes on Kagan As Court Opens Its Term, New York Times (The Court's first oral argument for the Term took place yesterday.  It is a Nevada bankruptcy case).Nevada lawyer Christopher...

Oral Argument Calendar: Sept. 1

Ybarra (Robert) v. State of Nevada, Docket No. 52167 Carson City - 10:00 a.m. - Full court Robert Ybarra was convicted of first-degree murder, battery with the intent to commit a sexual assault, and sexual assault in White Pine County. ...

1 last Supreme Court opinion: on IAC in a capital case

Somewhat lost among the four opinions issued yesterday was a per curiam decision in Sears v. Upton (scroll down a few pages).  It's a must-read for those handling capital or habeas cases.  The Court finds that the lower courts erred in...

Oral argument calendar: April 5

Sherman (Donald) v. State of Nevada (Death Penalty), Docket No. 50653 Las Vegas - 10:00 a.m. - Full Court In this case, Donald Sherman is appealing the denial of his second post-conviction petition for a writ of habeas corpus.  Sherman...

Several US Supreme Court decisions issued this week

Via Scotusblog, the US Supreme Court issued several opinions this week: Wood v. Allen - Interpretation of 28 USC 2254(d)(2) and its requirement that federal habeas relief not be granted, in relevant part, unless the state court's decision was based "on an unreasonable determination...

This and That

Good news and bad news: the Nevada Supreme Court has vacated the death penalty for Herbert Wesley, based upon an invalid aggravating circumstance, and has ordered a new penalty trial; but an execution date for the first week of February...

9th Circuit prohibits State from seeking death in a second penalty trial

Yesterday, the 9th Circuit, in a 2-1 opinion in Harrison v. Gillespie, found that a defendant's right against double jeopardy would be violated if the State were allowed to seek the death penalty in a second trial. The jury returned a...

This and That

The New York Times notes in an editorial, Prisons and Budgets, that the US has less than 5% of the world's population, but about 25% ot is prisoners.  The costs of such incarcerations are a huge issue for many states....

Oral argument calendar: Dec. 2

Wednesday, December 2, 2009 - Carson City, Full Court Hamilton (Tamir) v. State of Nevada (Death Penalty)             Carson City - 10:00 a.m. - Full court In this case, Tamir Hamilton is appealing his conviction by a Washoe County...

Oral argument calendar: Dec. 1

Tuesday, December 1st, 2009 Carson City - Full Court Monday, 23 November 2009 08:17 Dozier (Scott) v. State of Nevada (Death Penalty)             Carson City - 10:00 a.m. - Full court In this appeal, Scott Dozier is challenging his...

Nevada Supreme Court vacates death sentence

In a 4-3 unpublished order, in Rodriguez v. State, the Nevada Supreme Court vacates a sentence of death and remands the case for a new penalty hearing.  The ruling was based upon a finding of ineffective assistance of counsel in...

Death Penalty Costs Examined

The Death Penalty Information Center has released a new report - Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis. From the Executive Summary of the report: "Smart on Crime" is a new report from the Death...

US Supreme Court calendar: October 13-14

Via Scotusblog Tues., Oct. 13:Padilla v. Kentucky (08-651) -- effect of defense lawyer's wrong advice on consequences of a guilty pleaSmith v. Spisak (08-724) -- unanimity of jury as an issue in finding mitigating evidence in a capital caseSouth Carolina...

US Supreme Court criminal cases preview

Alvarez v. Smith - Whether local law enforcement agencies may seize and retain custody indefinitely of personal property without judicial or administrative review of the lawfulness of the continued detention of the property. Argument scheduled for 10/14/09 Beard v. Kindler. ...

Nevada Supreme Court issues opinion

McConnell v. State - the Court, sitting en banc, issues a per curiam decision affirming an order of the district court dismissing McConnell's post-conviction petition for a writ of habeas corpus in a capital case.  The Court concludes, in addressing...

Nevada Supreme Court oral arguments: July 6

48991 - Wesley (Herbert) vs. State (Death Penalty-PC) July 06 (10:00 AM) Full Court Herbert Wesley was convicted of two counts of first-degree murder with the use of a deadly weapon for the stabbing deaths of his father, Isaac Wesley,...

US Supreme Court issues 2 opinions

In FCC v. Fox Television Stations, in a 5-4 decision authored by Justice Scalia, the Court upheld the Federal Government's power to ban on radio and TV of the words "fuck" and "shit."  The majority refers to the words as...

US Supreme Court grants cert. in 5 cases

Via Scotusblog: The Supreme Court granted certiorari in five cases today: Salazar (Interior Secretary) v. Buono  : government's appeal testing Congress' power to allow a religious display to remain on public property simply by transferring ownership to a private group or...

Death penalty moratorium & study bill introduced

Assemblypersons Anderson, Leslie, Ohrenshall, Segerblom, Buckley, Atkinson, Claborn, Hogan, Horne, McClain, Munford and Pierce have introduced Assembly Bill 190, which if enacted would establish a moritorium on the execution of sentences of death until July 1, 2011 and would conduct...

Nevada Supreme Court grants stay re: discovery in death penalty case

The Nevada Supreme Court has issued a stay of discovery ordered by Judge Mosley in the capital case of State v. Curtis Bonilla.  I don't remember how to download a pdf and the order is not published on the Court's website,...

Nevada Supreme Court grants new penalty hearing in a capital case

In an unpublished decision of December 31, the Nevada Supreme Court granted a new penalty hearing in the capital case of Jones v. State.  The Court found ineffective assistance of trial counsel based upon failure to investigate mitigating evidence and...

Nevada Supreme Court issues opinion

Nika v. State - In an en banc opinion authored by Justice Hardesty, with Justices Cherry and Saitta dissenting, the Court finds the following:  "The primary issue in this appeal concerns a jury instruction defining premeditation, commonly referred to as...

This and That

Justice Hardesty will become the Chief Justice in  2009. Margaret Rudin will receive a new trial.  Duh.  Who didn't see this coming.  Apparently Chris Owens, who stated to the RJ "I think it's a joke that the taxpayers will have...

Ninth Circuit reverses Nevada death sentence

In Sechrest v. Ignacio, the Ninth Circuit Court of Appeals reverses death sentences based upon a 1983 conviction for two murder convictions in Washoe County.  The 41 page opinion addresses procedural default issues, law of the case, an alleged Miranda...

Nevada Supreme Court reverses murder conviction

Valdez v. State - The facts of this capital case are highly unusual in that when the jury returned its verdict of guilt on the charge of first-degree murder, the foreperson announced that they had also reached a decision as...

It's time to assess the cost of the death penalty

There's not enough money for primary and secondary education, critical health care, rebate checks for the elderly poor, college education, child welfare and juvenile services, local government operations, and a number of other basic government programs, but apparently there's enough money for...

Nevada Supreme Court issues 11 opinions

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....

Report issued on defense representation in federal death penalty cases

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...

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