Via Scotusblog, the US Supreme Court issued four authored opinions this morning.
Beard v. Kindler Vacated and remanded. Chief Justice Roberts authored the opinion of the Court; Justice Kennedy concurred, joined by Justice Thomas. Justice Alito took no part. The Court holds that a state procedural rule is not automatically [...]
The Northern Panel of the Nevada Supreme Court (Justices Cherry, Saitta and Gibbons) will hold oral arguments on Wednesday and Thursday this week in Las Vegas:
ETT, Inc. v. Delgado (Juan), Wednesday 10:00 a.m.
Docket No. 46901
This is an appeal of district court decisions in a multimillion-dollar wrongful death case. Darwin Ellison, [...]
The US Supreme Court has issued two recent per curiam decisions: one today and one last week.
In Michigan v. Fisher, the Court finds that police officers acted reasonably in entering a home without a warrant based upon their belief that there was a need to render emergency assistance. [...]
This morning the US Supreme Court granted certiorari in two cases. In Christian Legal Society v. Martin the Court will decide whether it is unconstitutional for a state-run college (Hastings Law School) to exclude from official status a student religious group that limits its officers and voting members to [...]
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 jury of sexual assault and first-degree murder, and his sentence [...]
Dozier (Scott) v. State of Nevada (Death Penalty)
Carson City - 10:00 a.m. - Full court
In this appeal, Scott Dozier is challenging his conviction by a Clark County jury of first-degree murder and robbery, [...]
The Nevada Supreme Court has amended NRAP 30(f). The new rule is effective January 1, 2010 and now provides for the filing of an electronic copy or a cd-rom of the appendix:
(f) Number of Copies to Be Filed and Served.
(1) Paper Copies. One paper copy of the appendix filed [...]
The Nevada Supreme Court issued three opinions today, including one interesting opinion and another opinion which results in the removal of a Family Court judge from the bench.
In Lueck v. Teuton, the Nevada Supreme Court concludes that Family Court Judge Robert Teuton's temporary term expired on the first' [...]
Xtreme Faith Academy v. Landry (Robin)
Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons
Xtreme Faith Academy v. Landry (Robin)
Docket No. 52044
This is an appeal and cross-appeal from district court judgments involving a boarding school in White Pine County. Xtreme Faith Academy, d.b.a. Abundant Life Academy (ALA), [...]
Thiede (Cody) v. State of Nevada
Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons
Docket No. 50164
In this case, Cody Thiede is appealing his jury conviction in Lincoln County for one count each of sexual assault of a child under 14 years of age, lewdness with a [...]
Mendoza-Lobos v. State -(Majority opinion authored by Chief Justice Hardesty and joined by Justices Saitta, Gibbons and Cherry) - "In this appeal, we address two issues related to recent amendments to the deadly weapon enhancement statute, NRS 193.165(1), that require the district court to consider enumerated factors and" [...]
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 Penalty Information Center that explores the prospect of saving states [...]
Tues., Oct. 13:
Padilla v. Kentucky (08-651) -- effect of defense lawyer's wrong advice on consequences of a guilty plea
Smith v. Spisak (08-724) -- unanimity of jury as an issue in finding mitigating evidence in a capital case
South Carolina v. North Carolina [...]
Treasure Island Corp. v. Duhon (Kelli)
Las Vegas - 10:00 a.m. - Justices Parraguirre, Douglas, and Pickering
ISSUES: Should the district court have granted Treasure Island's motion for a directed verdict? Was it proper for the district court to instruct the jury that Treasure Island could be liable under the [...]
Diplomat Corp. v. Simon (Marvin)
Las Vegas - 10:00 a.m. - Justices Parraguirre, Douglas, and Pickering
ISSUES: Did the district court properly interpret the settlement agreement? Are the Simons responsible for paying for future cleanup? Is Diplomat entitled to recovery following the Simons' purported civil contempt?
Easton Business Opportunities, Inc. v.' [...]
Wyman v. State - The defendant was convicted of second-degree murder for the 1974 killing of her son. The Court rejects her challenge to the district court's order denying a motion to dismiss based upon pre-indictment delay. The Court finds that the district court did not abuse its [...]
Via Scotusblog:
Mon., Oct. 5:
Maryland v. Shatzer (08-680) -- limits on police questioning after a suspect asks for a lawyer Mohawk Industries, Inc. v. Carpenter (08-678)) -- right to appeal compelled disclosure of attorney-client communicationsTues., Oct. 6:
[...]Rodriguez v. Primadonna Company
In this appeal, we consider whether the district court properly entered summary judgment in favor of the respondent hotel corporations, dismissing appellant's negligence claim. Appellant's claim was grounded, in part, on allegations that respondents' security personnel acted unreasonably when they evicted an intoxicated' [...]
From Scotusblog.com:
Docket: 08-1470
Title: Berghuis, Warden v. Thompkins
Issue: Whether the Sixth Circuit expanded the Miranda rule to prevent an officer from attempting to non-coercively persuade a defendant to cooperate where the officer informed the defendant of his rights, the defendant acknowledged that he understood [...]
The US Supreme Court is holding a conference today in which it will consider cert. petitions in a large number of cases. Scotusblog previews several petitions which have a reasonable chance of being granted:
Tiffany B. v. Slay (Ronald)
Las Vegas - 10:00 a.m. - Full court
Rico-Arreola (Oscar) v. State
Las Vegas - 10:30 a.m. - Full court
Madison Equities v. Hamika (Jerry)
Las Vegas - 11:30 a.m. - Full court
Tiffany B. v. Slay (Ronald),
Docket No. 50419
Tiffany B. filed a lawsuit against polygraph [...]
The NACJ fall social is tonight.
THURSDAY, September 24, 2009
5:00 p.m. - 7:00 p.m.
at the Brass Lounge - located on Fremont and Las Vegas Blvd.
NACJ will be celebrating its 20th anniversary and will be honoring the founding members of NACJ.
Members eat and drink free. Non-members should join.
[...]Attn: attorneys practicing criminal law - read this opinion! It's a civil case but deals with criminal law issues.
In Flamingo Paradise Gaming v. Att'y General the Court considers a facial challenge to the constitutionality of Nevada's Clean Indoor Act. The Court finds that the district court correctly ruled' [...]
In an unpublished Order of Reversal and Remand in Monroe v. State, the Nevada Supreme Court finds that a the district court erred in refusing to conduct an evidentiary hearing on a suppression motion. The five page order includes a nice summary of the law concerning automobile searches [...]
The Department of Justice has released its 2008 Crime in the United States report.
The report notes that Nevada had a 15% decrease in homicides from 2007 (192) to 2008 (163). The per capita rate dropped from 7.5 per 100,000 residents in 2007 to 6.3 in 2008, but [...]
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. Under the adequate-state-ground doctrine, does a state procedural [...]
Sonia F. v. Dist. Ct. - The Court finds that Nevada's rape shield law, NRS 50.090, applies only to criminal proceedings and not civil cases. The district court, however, may limit discovery of an alleged victim's sexual history in a civil case under NRCP 26
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 [...]
Certain Underwriters at Lloyds v. St. Paul Mercury Ins. Co.
Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons
Michael Hohl Valucar v. Coachmen R.V. Co.
Carson City - 10:30 a.m. - Justices Cherry, Saitta, and Gibbons
Nevada Land and Resource Company v. Prize [...]
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 [...]
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.
Administrative Order 09-12: In the Administrative Matter of Mandatory Electronic Filing in the Eighth Judicial District CourtOn February 1, [...]
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 [...]
I have a fast-track statement due, so you're on your own for details:
Funkerburk v. State - NRS 193.165's definition of a "deadly weapon" may be applied to a charge of burglary while in possession of a deadly weapon under NRS 205.060(4). The district court did not err in' [...]
From the Nevada Supreme Court:
Effective July 30, 2009, the Nevada Supreme Court Clerk's Office will be accepting both civil and criminal documents for filing through our web-based electronic filing (e-filing) system. The system is available 24 hours a day, seven days a week for the submission of filings. The [...]
via Sentencing Law and Policy, The Sentencing Project issued a new report yesterday: No Exit: The Expanding Use of Life Sentences in America, Nevada is featured throughout the report, and not in a good way. Among its other findings:
In five states--Alabama, California, Massachusetts, Nevada, and New York--at [...]
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 an issue of first impression in Nevada, that challenges [...]
From the Nevada Appeal:
"In an unusual move, the Nevada Supreme Court Tuesday ordered a Las Vegas woman released from prison.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 [...]
It looks like the Nevada Supreme Court will not be releasing any opinions today. I suggest the following for your Thursday reading time:
Supreme Court Receives Indigent Defense Study. The study is available here.
The new Nevada Rules of Appellate Procedure are in effect (as of July 1, 2009). [...]
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, and his stepmother, Doella Wesley, in Clark County. He [...]
MGM Mirage v. Nevada Ins. Guaranty Ass'n - self-insured employers under the Workers' Compensation Act are not barred from recovering payment from the Nevada Insurance Guaranty Assocation for their covered workers' compensation claims payable by their isolvent excess insurance carrier.
St. James Village, Inc. v. Cunningham - servient' [...]
Melendez-Diaz v. Massachusetts - a state forensic analyst's laboratory report prepared for use in a criminal prosecution is "testimonial" evidence and is therefore not admissible, per Crawford v. Washington, absent the opportunity to confront and cross-examine the person who prepared the report. A State may enact a "notice-and-demand" statute which allows a [...]
Coeur Alaska, Inc. v. Southeast Alaska Conservation Council - Something about fill permits, slurry, the EPA and the Corps. You're on your own for this one. 6-3 decision authored by Justice Kennedy, Justice Ginsburg filed a dissenting opinion which was joined by Justices Stevens and Souter, and Justices' [...]
Yeager v. United States - A jury's acquittal of an Enron executive of securities and wire fraud charges may have erected a double jeopardy bar to his retrial on factually related insider-trading and money-laundering charges on which the jury deadlocked. Prosecutors may not try an individual again on [...]
Republic of Iraq v. Beaty - in a unanimous decision, authored by Justice Scalia, the Court holds that Americans do not have a right to sue the present government of Iraq for torture and other abuse that took place under the regime of Saddam Hussein.
A prison guard at High Desert has been fired for bringing "non-intoxicant contraband" - a pillow, pillow case and air mattress - into the prison.
The prosecutors want a 3 percent cost of living increase, even though Public Defenders and other County employees are getting nothing or 1 [...]
Ramet v. State - The State may not introduce evidence of a defendant's refusal to consent to a search of his home, and the prosecutor may not comment about the refusal to consent, but the evidence is harmless under the facts of this case.
Abuelhawa v. United States - In a unanimous decision authored by Justice Souter, the Court holds that using a cellphone to make a drug purchase when the crime would be only a misdemeanor does not "facilitate" a felony distribution crime.
Haywood v. Drown - in a 5-4 decision [...]
The United States Supreme Court has denied certiorari in Nevada v. Harte. The case presented a challenge by the State to the Nevada Supreme Court's decision in McConnell v. State.
The Court granted certiorari in one case this morning: Merck & Co. v. Reynolds presents the issue of [...]
Scotusblog provides quite a bit of information about her:
The Dynamic of the Nomination of Sonia Sotomayor
Judge Sotomayor's Opinions with Dissents - Part I
Judge Sotomayor's Civil Opinions - Part IV
Judge Sotomayor's Civil Opinions - Part III
In Hannon v. State, the Court reverses a conviction, entered pursuant to a plea of nolo contendere, of one count of possession of a controlled substance. The Court finds that an "emergency" search of a home was unlawful because there was no objectively reasonable basis to believe that the [...]
The US Supreme Court granted certiorari in four cases this morning. Scotusblog provides links to the petitions, oppositions, replies, amici briefs and opinions below.
Beard v. Kindler - Is a state procedural rule automatically "inadequate" under the adequate-state-grounds doctrine - and therefore unenforceable on federal habeas corpus review - because [...]
The Washoe County DA's Office has filed a petition for certiorari with the US Supreme Court in Nevada v. Harte. The case presents a challenge to the Nevada Supreme Court's ruling in McConnell v. State, which held that the State may not obtain aggravating circumstances for burglary, robbery [...]
Via Scotusblog:
Ashcroft, et al., v. Iqbal: in a 5-4 decision, the Supreme Court on Monday threw out a claim that two top Bush Administration officials adopted a specific policy of racial and ethnic discrimination in a roundup and detention of hundreds of men of Arab descent [...]
The US Supreme Court issued four opinions today:
Flores-Figueroa v. United States - The decision below, which held for the United States, is reversed and remanded in a 9-0 opinion by Justice Breyer, available here. Justice Scalia filed an opinion concurring in part and in [...]
The US Supreme Court granted certiorari in four cases today:
Sullivan v. Florida - constitutionality of life prison terms without a chance for parole for juveniles who commit crimes other than murder in their teen years.
Graham v. Florida - same
Hemi Group LLC v. City of New York - Whether a [...]
Monday, May 4 - 10:30 a.m. - Nevada Supreme Court hears oral arguments in Rodriquez v. State, Bowers v. Harrah's Laughlin, In re: Parental Rights as to Germany and Wyman v. State.
Monday, May 4 - US Supreme Court order and opinion release day
Tuesday, May 5 - 10:00 a.m. [...]
From the Nevada Supreme Court:
In celebration of the bicentennial of Abraham Lincoln's birth in 1809, the Nevada Judiciary and the State Bar of Nevada have scheduled a series of forums and town hall meetings across Nevada for Law Day.
The American Bar Association has set "A Legacy" [...]
Sims v. Eighth Judicial District Court (Glass) - defense counsel may introduce independent competency evaluations during a competency hearing.
Scarbo v. Eighth Judicial District Court (Glass) - a defendant is entitled to full and complete copies of a court-appointed examiners' competency reports prior to a competency hearing. The' [...]
In Dean v. United States, the Court holds, in a 7-2 opinion authored by Chief Justice Roberts, that under 18 USC 924(c)(1)(A)(i), which provides for a firearm enhancement of 5 years for using or carrying a firearm and an enhancement of 10 years if the firearm is discharged, that [...]
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 the "f-word" and the "s-word," but I'm not' [...]
Monday, April 27 - US Supreme Court hears argument in Bobby v. Bies (double jeopardy, mental competency under Atkins) and Nijhawan v. Holder (banishment after felony conviction)
Tuesday, April 28 - US Supreme Court hears argument in Forest Grove School District v. TA (private school tuition reimbursement [...]
In Arizona v. Gant, a 5-4 opinion authored by Justice Stevens, the Court holds that Arizona police officers violated a defendant's Fourth Amendment rights by searching his car for narcotics after he was arrested for driving on a suspended license. Police may search the passenger compartment of a [...]
From scotusblog:
The Court has granted certiorari in three cases: Bloate v. U.S., United States v. Stevens, and Pottawattamie County et al. v. McGhee et al. The full order list is available here.
Docket: 08-728
Title: Bloate v. U.S.
Issue: Whether time granted at the request of a [...]
Monday, April 20 9:00 a.m. - Assembly Judiciary hearing on SB 28, SB 67
Monday, April 20 9:00 a.m. - Senate Judiciary AB 93, AB 114, AB 120, AB 164, AB 187
Monday, April 20 10:00 a.m. - US Supreme Court hears argument in Iraq v. Beaty and [...]
Here's the new website address: [www.nevadajudiciary.us].
It's definitely prettier and the unpublished orders are much easier to find.
[...]Tuesday, April 14 9:00 - Senate Judiciary AB 187, AB 250
Wednesday, April 15 8:00 - Assembly Judiciary SB 141, SB 96
Thursday, April 16 - Nevada Supreme Court opinion release day
Friday, April 17 - Assembly Judiciary SB 42, SB 149
The US Supreme Court will resume oral arguments [...]
Oral arguments in two cases are scheduled before the Nevada Supreme Court on Wednesday, April 9 in the Court's Las Vegas courtroom on the 17th floor of the Regional Justice Center. Justices Parraguirre, Douglas, and Pickering presiding.
10:30 a.m. - Manuel D. Orellana vs. State of Nevada
This is [...]
Wednesday, April 8th 2009 - Las Vegas
10:00 a.m. VILLALOBOS (GONZALO) VS. STATE 10:30 a.m. LEEDS (ROBERT) VS. STATE 11:30 a.m. SARFATY V. DIST. CT. (CITY OF HENDERSON)Webcast of the arguments is available here.
VILLALOBOS (GONZALO) VS. STATE, Docket No. 48079
April 8th, 2009
10:00 AM 30 min - [...]
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 [...]
Monday, March 30 8:00 - Assembly Judiciary - AB 449, AB 452, AB 475, AB 477
Monday, March 30 8:30 - Senate Judiciary - SB 262, SB 352, SB 353
Monday, March 30 - US Supreme Court hears argument in Travelers Indemnity Co. v. Bailey & Common Law Settlement Counsel v. [...]
