Entries tagged with “pardons board” from Harmfulerror

This morning the US Supreme Court issued an opinion in Harbison v. Bell.  In a 7-2 decision the Court holds that federal habeas corpus counsel may represent a defendant in state clemency proceedings.

Yesterday the Court issued an opinion in Rivera v. Illinois.  The cases concerned an erroneous denial of a defense peremptory challenge of a potential juror.  The trial court refused the challenge on Batson grounds.  The Illinois Supreme Court found the district court's ruling to be erroneous but affirmed the conviction after finding that the denial of the challenge was not structural error.  The US Supreme Court affirmed and held that so long as all jurors seated in a criminal case are qualified and unbiased, the Due Process Clause does not require automatic reveral of a conviction based on the trial court's good faith error in denying a defense peremptory challenge.  It is an issue of state law, not a matter of federal constitutional law.

Three opinions were issued in civil cases:

14 Penn Plaza LLC v. Pyett - courts must enforce a labor contract that requires workers to take claims of age bias to arbitration rather than court.

Entergy Corp. v. EPA - concerning the EPA's authority to compare costs and benefits when deciding what technology to require for structures that affect river and stream flows.

Hawaii v. Office of Hawaiian Affairs - concerning the state's authority to sell state lands.

The Court also issued an opinion in Philip Morris USA, Inc. v. Williams, concerning punitive damages, in which it dismisses the writ of certiorari as improvidently granted.

In re Application of Shin - The Court holds that NRS 179.245(5), which prohibits Nevada courts from sealing records concerning sexually based offenses, does not improperly impinge upon the power of the State Board of Pardons Commissioners to issue pardons.  Although the Pardons' Board has expansive powers, it does not have the power to remove the historic fact that a conviction occurred and it cannot bequeath innocence.  A pardon is an act of forgiveness that restores civil rights and removes most legal consequences of a criminal conviction, but there is no right to expunge a criminal record in the absence of legislative authority.  The opinion includes a lengthy discussion of the authority of the Pardons Board.

Mack v. Estate of Mack - The Court holds that (1) it may take judicial notice of the outcome of proceedings in which one spouse was adjudged to have murdered the other; (2) a nunc pro tunc order was properly entered to memorialize a judge's oral orders; (3) the district court properly issued a Qualified Domestic Relations Order during the deceased's spouse's lifetime; and (4) Nevada's slayer statute is not preempted by ERISA.

Terracon Consultants v. Mandalay Bay - The Court answers a certified question, pursuant to NRAP 5, regarding the scope of Nevada's economic loss doctrine. 

Tuesday, October 28 - Pardons Board annual meeting

Tuesday, October 28 - Candidate Campaign and Expense Report #2 due

Wednesday, October 29 - Pardons Board annual meeting

Thursday, October 30 - Nevada Supreme Court opinion release day

Friday, October 31 - State holiday.  State courts are closed.

Friday, October 31 - Last day for early voting