Harmful Error

Capital Defense Weekly provides posts on the following this week:

Adam Liptak has an article entitled "After Flawed Executions, States Resort to Secrecy."

Gallup reports national support for the death peanlty has dropped again. There is a stark difference between views of whites and blacks on the death penalty.

The Florida Times-Union reports on a budget crisis for attorneys in Georgia who represent poor people charged with crimes punishable by the death penalty: Death row defense continues for now.

The Eighth Circuit reversed five of ten convictions (and four of eight death sentences) for the first woman in the modern era to receive the death penalty in the federal system. CDW discussed the case in : An Eighth Circuit oddity: USA v. Angela Johnson.

Other recent developments are also noted and worth reviewing.

The Death Penalty Information Center presents the following posts this week:

New Voices: Federal Judge Calls the Death Penalty Arbitrary, Biased and Fundamentally Flawed

Government Ordered to Pay Former Death Row Inmate and Others $102 Million

New Series Highlights Problem of Lost and Destroyed Evidence, Wrongful Convictions

New Resources: Updated Historical Execution Database Provides Unique Look at History of the Death Penalty in the U.S.

New Resources: Destroyed DNA Evidence Blocks Possible Exonerations

Florida Judge Orders Halt to Executions Over Lethal Injection Problems

New Resources: New Study Examines Causes of Wrongful Convictions

Arizona's Death Penalty Five Years After Supreme Court's Ring Decision

Sentencing Law and Policy posts: "Debating the death penalty as bargaining chip."

Posted by jonell at 08:19 AM | Permalink | Comments (0)

2 Thu Opinion Release
9 Thu Opinion Release
16 Thu Opinion Release
16 Thu Panel Conference
23 Thu Opinion Release
30 Thu Opinion Release

The Court will hold oral arguments the week of September 4th in Carson City.

Posted by jonell at 08:15 AM | Permalink | Comments (0)

Washoe County deputy DA found dead in her home. RGJ 7/31/07

No jail time for former undersheriff: Bill Cunningham to pay $4,675 in fraudulent vehicle bid case. Elko Daily 7/30/07

Opening statements today in 1982 murder trial. Nevada Appeal 7/31/07

Anti-terrorism fusion center comes together. LVSun 7/31/07

Editorial: High court poll. LVRJ 7/31/07

Lookin in on: Suburbs (re: Boulder City Justice Court). LVSun 7/31/07

Posted by jonell at 08:02 AM | Permalink | Comments (0)

The Associated Press reports that Chief Justice Roberts suffered a seizure at his summer home in Maine on Monday and will remain in a hospital overnight. Doctors described the seizure as a "benign idiopathic seizure."

Posted by jonell at 05:08 PM | Permalink | Comments (0)

Week in review: District judge off job but not off the payroll. LVRJ 7/29/07

Clark County School District: Chief of police to quit post. LVRJ 7/29/07

Judge refuses to dismiss Mack murder case. LVRJ 7/28/07

Judge denies Mack's motion. RGJ 7/28/07

Supreme Court Ruling: Halverson remains off bench. LVRJ 7/28/07

Feds face obstacles in corruption probe. LVSun 7/30/07

Murder suspect waives hearing for alleged incident in county jail. Lahontan Valley News 7/29/07

Norm: Former UNLV Star (and former Clark County District Attorney) Cheryl Kosewicz found dead. LVRJ 7/30/07

Posted by jonell at 09:10 AM | Permalink | Comments (0)

Via Scotusblog

Monday, Oct. 1
Washington State Grange v. Washington State Republican Party on the constitutionality of limits on party identification on primary election ballots; consolidated for 1 hour of argument.

New York City Board of Education v. Tom F., parents' right to tuition reimbursement for their disabled child's schooling.

Tuesday, Oct. 2:
Gall v. U.S., reasonableness of a federal sentence that is below the Sentencing Guidelines' range..
Kimbrough v. U.S., reasonableness of the heavier sentences imposed for crack vs. powder cocaine crimes.

Wednesday, Oct. 3:
New York Board of Elections v. Torres, validity of selection of state judicial candidates by party convention instead of by election.
United States v. Santos, definition of "proceeds" under federal money-laundering law.

Monday, Oct. 8
No arguments; legal holiday (Columbus Day).

Tuesday, Oct. 9
Watson v. U.S, definition of "use" of firearm for enhanced sentence.
Stoneridge Investment v. Scientific-Atlanta, liability of third-party entities for securities fraud scheme.

Wednesday, Oct. 10:
Medellin v. Texas, President's power to require states, under the Vienna consular convention, to require U.S. states to allow foreign nationals to contest their convictions and sentences in state court, to satisfy World Court decisions.

Posted by jonell at 08:49 AM | Permalink | Comments (0)

Gideon and Capital Defense Weekly report that the House and Senate have passed the John R. Justice Prosecutors and Defenders Incentive Act of 2007, which provide loan repayments of up to $10,000 per year, up to a cap of $60,000, for law school graduates who work as criminal prosecutors or public defenders. The bill is available here - scroll at page 600 of the pdf.

Posted by jthomas at 07:13 AM | Permalink | Comments (0)

Previously undisclosed e-mails between officials in the Republican National Committee and others reveal that Nevada was one of five states that were the subject of "voter caging" in 2004. Some believe that voter caging was one of the primary reasons for the firing of US Attorneys, including Nevada US Attorney Dan Bogden, as members of the Bush Administration wanted federal prosecutors to assist in the voter suppression efforts and those who seemed unwilling to do so were fired from their positions.

Other states which were the subject of the voter caging program were Ohio, Pennsylvania, Florida and New Mexico. Former New Mexico US Attorney David Iglesias discussed this matter with Truthout. PBS explored this issue on its NOW program on Friday evening. It will be aired again on Sunday, July 29 at 12:30 p.m. Iglesias was also interviewed by PBS.

** I have created a new category "US Atty Firings" for those interested in viewing prior posts on this issue.

Posted by jthomas at 05:40 AM | Permalink | Comments (0)

A published decision on a late Friday afternoon (Nevada Supreme Court junkies will confirm that this is a very rare event) --

In Halverson v. Hardcastle, the Court sitting en banc (with the recusals of Justices Gibbons and Cherry), in an opinion authored by Chief Justice Maupin, grants in part and denies in part a petition for a writ of quo warranto. The summary:

"We conclude that, pursuant to properly adopted district court rules, a chief judge has broad administrative authority to ensure that the district court system functions as it should. Accordingly, the chief judge may, when appropriate under the rules, exercise that authority to appoint a three-judge committee to work with a judge and to reassign that judge's criminal caseload, even if those remedial actions impart an aspect of 'punishment.' A chief judge's authority, while broad, is not unlimited, however; it extends only so far as the express language of the rules or as is reasonably necessary in an emergency situation to ensure the district court system's proper functioning.

Consequently, the chief judge in this matter appropriately appointed a committee of judges to review the judge's judicial performance and reassigned the judge's caseload. In barring the judge from the courthouse when other less drastic measures could have been implemented, however, the chief judge intruded into the judge's judicial functions, warranting the issuance of a writ of quo warranto. Instead, unless faced with an emergency situation requiring immediate action, the chief judge's remedy is with the Nevada Commission on Judicial Discipline, which has authority over formally disciplining judges, or under certain circumstances, with this court, which has the ultimate administrative authority over the functioning of Nevada's court system."

Posted by jthomas at 08:32 PM | Permalink | Comments (0)

District Court Judge Elizabeth Halverson has filed an Emergency Motion for Stay with the Nevada Supreme Court. I'm having issues with Adobe and pdf files today, so here's a link to the Nevada Supreme Court's website which includes links to the motion and exhibits. In the motion, Judge Halverson asserts the following:

-- although the Special Prosecutor and Judge Halverson stipulated to the admission of letters from physicians attesting to her physical disabilities and good status of her mental health, the Commission claims that no such evidence was offered.

-- the Commission based its decision only upon past mistakes while summarily rejecting testimony from current staff about staff matters.

-- the procedures were unfair as the Commission did not have any established procedures and did not follow its own rules. In addition, the Commission imposed inequitable constraints on her and required her to answer for and explain conduct outside the jurisdiction of the Commission.

-- the Commission denied Halverson subpoena power, while granting that power to the Special Prosecutor

update: The Court denied the emergency motion for stay, ordered an expedited briefing schedule, and ordered that the clerk schedule the case for oral argument in September.

Posted by jonell at 02:32 PM | Permalink | Comments (0)

Judicial Discipline Commission: Judge's prospects evaluated. LVRJ 7/27/07

Editorial: Judge Halverson suspended with pay. LVRJ 7/27/07

Editorial: Indigent defense. LVRJ 7/27/07

Davidson's prosecutors granted extension. LVRJ 7/27/07

Gibbons says Nevada has outgrown legal brothels. Nevada Appeal 7/26/07

New law: Let them out of prison. LVSun 7/27/07

Mack lawyers reiterate call for dismissal. RGJ 7/27/07

Strip search lawsuit settled (for $182,000). RGJ 7/27/07

Judge: Man not harassed by gang unit officers. RGJ 7/27/07

Posted by jonell at 08:00 AM | Permalink | Comments (0)

Reuters reports that a federal judge in Boston has ordered the United States government to pay $101,750,000 in damages to two men and the estates of two other men who were wrongfully convicted of murder after the FBI withheld evidence to protect a mob informant. Three of the men were sentenced to death, but their sentences were commuted to life sentences in 1972 (presumably based upon Furman). Two of the men died in prison and the other two were wrongfully incarcerated for 33 years.

Posted by jonell at 01:35 PM | Permalink | Comments (0)

In addition to the Rose v. State opinion, which is discussed below, the Nevada Supreme Court issued four other opinions today:

Manwill v. Clark County - firefighters, heart disease, and occupational disease claims under NRS 617.457(1)

Herup v. First Boston Financial - breach of contract and fraudulent transfer action

Nelson v. Heer - residential property and disclosure of defects

Anvui v. GL Dragon -
Anvui, LLC v. G.L. Dragon, LLC - summary eviction proceedings and unlawful detainers

Posted by jonell at 10:42 AM | Permalink | Comments (0)

In Rose v. State, the Nevada Supreme Court considers the appeal of a man convicted of 20 counts of sexual assault on a minor under the age of 14. The Court rejects the appellant's argument that his conviction was not supported by sufficient evidence and that the district court abused its discretion by refusing his proposed jury instruction that the victim must testify with "some particularity" regarding each charge. The Court finds it sufficient that the victim testified that the charged incidents occurred every weekend or nearly every weekend during a period of time and provided a description of the conduct. In reaching the decision, the Court distinguished the facts of this case from those in LaPierre v. State.

The Court next rejects the appellants argument that he was entitled to a jury instruction stating that "the victim must testify with some particularity regarding each incident charged for the jury to sustain a verdict of guilt on that particular charge." The Court finds that such an instruction would have been proper but was sufficiently covered by other instructions.

The Court next finds that the appellant was not prejudiced by the late disclosure of an audio tape, so it was not an abuse of discretion to deny a motion to continue the trial. The Court finds that a mistrial was not warranted based upon a witness's testimony that he had training in polygraph examinations, but only because the jury was adminished and because the witness did not state that he gave the defendant a polygraph examination.

The Court next finds that the appellant was not prejudiced by the fact that the district court held unrecorded bench conferences with four prospective jurors who stated that they could not be fair and impartial because they had previously been sexually assaulted or had friends or family who had been accused of sexual assault. The Court finds that because the jurors were dismissed due to the fact that they could not be fair and impartial to Rose, he was not prejudiced.

The Court next considers four claims of prosecutorial misconduct. The Court found that the prosecutor committed misconduct by arguing facts not in evidence and inferring that the defendant had a prior criminal history, but the Court finds that the misconduct was not prejudicial because the district court's admonishment was sufficient to cure any prejudice. As to the prosecutor's statement that the defendant was a predator who used his daughter to lure friends over to his house so that he could use there for his sexual pleasure, the Court finds that this did not amount to plain error (the standard applicable because there was no objection) and that to the extent that the prosecutor's characterization may have crossed the line of permissible arguments, it was not prejudicial. The Court next finds that asking the jury to be fair to the victims and appealing to the jurors' sympathies was improper and misconduct, but because the defendant failed to object and the misconduct was reviewed under a plain error standard, reversal was not mandated as the misconduct was not prejudicial. Likewise, the Court finds the prosecutor's argument that "Defense counsel comes in with smoke screens and flat-out deception," but finds that the comment does not amount to plain error because it was not prejudicial. Once again, trial counsel's failure to object to the misconduct resulted in the lower standard of review.

Finally, the Court finds that there is no cumulative error.

The decision was issued by Justices Cherry, Gibbons and Douglas.

Posted by jonell at 10:08 AM | Permalink | Comments (0)

Judicial Discipline Commission: Panel suspends Halverson. LVRJ 7/26/07 (A link to the decision and summary of the order are set forth below)

Panel suspends embattled Nevada judge. Nevada Appeal 7/25/07

Halverson suspension seen as what works. LVSun 7/26/07

Federal case: Tax probe targeting McDonald. LVRJ 7/26/07

Porter seeks more tracking of offenders. LVRJ 7/26/07

Editorial: Prison time. LVRJ 7/26/07

NNCC prisoners graduate. Nevada Appeal 7/26/07

Plans to build temporary parking lot may be scrapped. RGJ 7/26/07

Governor Gibbons to visit Ely; tour prison. Ely Times 7/26/07

Posted by jonell at 09:09 AM | Permalink | Comments (0)

The Nevada Supreme Court notes that the Nevada Commission on Judicial Discipline entered a final order of interim suspension today, Juyly 25, 2007, with respect to Judge Elizabeth Halverson. The Court finds that the Order is a public document.

The 29-page order provides that Judge Halverson is suspended from the exercise of office pending a final determination of judicial discipline proceedings. My brief review of the order reveals the following:

at pg. 8 - The Commission concludes that the Special Counsel must prove by a preponderance of the evidence that interim suspension is warranted, considering the totality of the circumstances.

at pg. 10 - The Commission offers a justification for its decision to deny Judge Halverson's request to issue subpoenaes to 7 witnesses and to make document production requests of those witnesses.

at pg. 12 - The Commission explains that Judge Halverson was not harmed by the late delivery of certain documents because she was not entitled to them at this stage of the proceedings.

at pg. 14 - the Commission notes its findings which led it to makes its initial order of interm suspension. It made 6 findings based upon the complaint. Based upon the evidence presented at the hearing by the Special Counsel and Judge Halverson at the July 16th hearing, the Commission finds that there was sufficient proof only as to items 1, 2, 3 and 5:

Additional details are set forth below the jump:

1. There is substantial evidence to believe that Judge Halverson is without sufficient legal abilities to conduct trials in criminal cases without threat of serious harm to the public or the administration of justice;
2. There is substantial evidence to believe that Judge Halverson has failed to perform the duties of judicial office impartially and diligently in that there is substantial evidence that she has not treated staff and litigants with patience, dignity or courtesy. Further, there is substantial evidence that she has treated staff to a hostile work environment and sexual harassment to the extent that there is a serious threat to the administration of justice;
3. There is substantial evidence that Judge Halverson has failed to diligently perform her duties by falling asleep at least on one occasion and possible more while on the bench during a jury trial;
5. There is substantial evidence to believe that Judge Halverson failed to diligently carry out the duties of her office and fail[ed] to cooperate with other judges and court administrators[.]

pg. 15 - The Commission discusses testimony introduced at the hearing. Issues addressed included ex parte contact with jurors and assignment of only civil cases by Chief Judge Hardcastle.

pg. 17 - The Commission notes the high number of peremptory challenges against Judge Halverson in civil cases and indicates that this reveals an unease about her ability to handle civil matters.

pg. 18 - "While the Commission believes that Judge Halverson's handling of criminal matters is troublesome to the point of warranting suspension, the Commission also believes that her handling of personnel matters is even more problematic." Details of allegations by court personnel are set forth at length. If the allegations are true, it's not good.

pg.21 - The Commission notes a pattern of dictatorial and domineering behavior toward staff members

pg. 22 - The Commission notes the possibility of state or county liability for acts of racial, religious and sexual insensitivity and possible other tortious acts.

pg. 23 - The allegation of sleeping in court constitutes a partial basis for the interim suspension

pg. 24 - Sufficient proof exists to support the claim that Judge Halverson failed to cooperate with other judges and court administrators.

pg. 26 - Judge Halverson is suspended on an interim basis, with pay. The order is effective as of 5 p.m. today.

Posted by jonell at 03:55 PM | Permalink | Comments (2)

Via How Appealing, the ABA Journal's August 2007 edition features the dispute between Chief Judge Hardcastle and Judge Halverson. The lengthy article, titled "You're NOT the Boss of Me" begins:

"At first glance, the quo warranto matter of Halverson v. Hardcastle before the Nevada Supreme Court looks like a civics lesson on how much authority a state court's chief judge has over colleagues.

But just a few flips into the hundreds of pages of pleadings, exhibits and affidavits -- including formerly confidential documents circulated among judges, ad­ministrators and staff -- there is a nasty battle involving a newly elected judge who figuratively turned the courthouse upside down, then literally got banned from it and locked out.

Las Vegas, despite the Strip and all its neon, is still a typical small city with some very atypical growing pains. And as in any small city, nothing entertains locals more than an old-fashioned, gossipy, lapel-grabbing, bridge-burning courthouse fight.

But such dust-ups usually happen down in front of the bench, not on it."

Posted by jonell at 02:14 PM | Permalink | Comments (1)

Lots of news on the firing of Nevada US Attorney Dan Bogden and other US Attorneys:

House Democrats Pass Contempt Citation. Huffington Post 7/25/07

House panel seeks prosecution of 2 Bush aides. LATImes 7/25/07

Report Suggests Law Broken in Attorney Firings. Washington Post 7/25/07

Gonzales loses ground on the hill. LATimes 7/25/07

With Senate and Gonzales, Familiarity Breeds Contempt. Washington Post 7/25/07

This Guy's Still Here? Gonzales Cringes Some More Before the Senate. State 7/24/07

They're Not Believers. Slate 7/25/07 (with links to several other newspaper articles)

Political cartoons concerning the Justice Department and yesterday's Senate hearings are also available.

Posted by jonell at 01:40 PM | Permalink | Comments (0)

The Las Vegas Review Journal reports that a Nevada Supreme Court commission has endorsed a cap on the number of cases assigned to public defenders. The commission also recommends performance standards, rules to ensure independence, and reforms to help with public defense programs in the rural counties. The article notes that attorneys in the Clark County Public Defender's Office currently have a caseload of approximately 400 cases. Under the proposed cap, which would bring the County into compliance with the American Bar Association standards, public defenders would be limited to 192 felony cases per year. Lower caps would apply to life sentence and capital cases. The commission's report will be finalized this summer and forwarded to the Nevada Supreme Court and lawmaking bodies.

A commission member provides me with additional information:

The commission recommends, with 3 dissenting votes, that cases be limited as follows:
Capital cases - 4
Life sentence cases - 15
All other felony cases - 192
Mental health commitment cases - 200
Capital appeals - 5
Non-capital felony appeals - 25
Juvenile cases - 200
Misdemeanor cases - 400

The commission recommends standards of performance, which include a rrequirement that attorneys conduct an interview of the client, in a confidential setting, within 48 hours of appointment. Standardsare also set forth for education, investigation, client consultation, motion practice, trial perfomance, preparation for sentencing, and post-sentencing matters.

The commission also considered recommendations for appointment of counsel in cases for which the public defenders office has a conflict of interest. The recommendations include the following:
The selection of lawyers for particular cases should be made by an administrator of the indigent defense program rather than judges.
A board or committee should be appointed to oversee the appointment of counsel and the contract system and should operate without judicial interference.
The board or committee would make policy decisions, such as qualification and training requirements for appointed counsel.
The judiciary should be encouraged to provide input into the selection and retention of counsel for contracts or hourly appointments, but should not participate in the decision-making mechanism.
The majority of persons on the board should include practicing attorneys and should not include judges, prosecutors or law enforcement officials.

Posted by jonell at 10:41 AM | Permalink | Comments (0)

Yesterday the Department of Corrections issued a number of Memorandums to inmates and staff regarding AB 510:

AB 510 section 8 - Changes regarding Casa Grande Criteria

AB 510 sections 6.2 and 64 - Charges regarding Program Credits

AB 510, section 2 - Changes regarding Residential Confinement

AB 510 section 7.5 - Changes regarding Drug or Reentry Court Criteria

AB 510, section 3 - Changes regarding Second Phase DUI Program

AB 510, section 7 - Changes regarding Minimum Custody Criteria

AB 510, sections 6, 8.5 and 21 - Changes regarding Parole Credits

AB 510, sections 5 and 21 - Changes regarding Stat Time and Education Credits.

Posted by jonell at 10:24 AM | Permalink | Comments (0)

Panel examines state prison needs. LVRJ 7/25/07

New Nevada panel starts sentencing study. AP 7/24/07

Inmates hope to use degrees to succeed after prison. Nevada Appeal 7/25/07

Looking in on Carson City (re: cost of video system for Parole Board hearings). LVSun 7/25/07

Unscathed McDonald now faces feds on taxes. LVSun 7/25/07

Judge denies grand jury against city. Elko Daily 7/24/07

Also worth reading:

Judges: Calif. prison reforms would fail. Mercury News. The New York Times provides a copy of a federal court's order addressing the California prison issues.

Posted by jonell at 09:50 AM | Permalink | Comments (0)

The Las Vegas Review Journal examines indigent defense in Nye County and notes the problems presented in providing indigent defense in rural counties. This issue will be addressed today as the Cherry Commission meets to discuss indigent defense problems throughout the state.

Posted by jonell at 09:25 AM | Permalink | Comments (0)

The Senate Judiciary Committee begain hearing testimony from Attorney General Alberto Gonzales this morning at 9:30 a.m. Topics include the firing of US Attorney Generals, including Nevada US Attorney General Dan Bogden. Live coverage is available here. Firedoglake provides live blogging - which is great if you can't watch the live feed or need help identifying the blurry old white guys. I highly encourage watching - it's been fiesty.

On a related note, the House Judiciary Chairman will seek contempt charges against Bush aides, including former Supreme Court nominee Harriet Miers.

Posted by jonell at 09:17 AM | Permalink | Comments (0)

PBS premiers "Prison Town USA" tonight/tomorrow early a.m. - set the tivo for 4:00 a.m. in Las Vegas (it's on at 10 pm in many other places - I have no clue as to why the local station is putting a first run program on in the middle of the night). Check local listings for other dates and times.

Here's a portion of the synopsis:
What happens when a struggling rural community tries to revive its economy by inviting prisons in? The story of four families living in a modern-day prison town, as told in "Prison Town, USA," is a riveting look at one of the most striking phenomena of our times: a prison-building and incarceration boom unprecedented in American history.
. . . .
As locals are quick to point out, no one grows up dreaming of becoming a prison guard, but the high pay and benefits of corrections work, especially by rural standards, are irresistible. At correctional officer training academy, Dawayne and Gabe have to learn new skills and attitudes, often quite foreign to their upbringing. Besides the obvious dangers of the job, the constant tension spills into the guards' home lives, changing how they relate to their families and friends. In a sense they, too, are imprisoned -- a reality that is hard to shake once they leave work. High rates of substance and domestic abuse are well-known hazards of the profession.

Thanks to Sentencing Law & Policy for the heads up.

Posted by jonell at 09:03 AM | Permalink | Comments (0)

Buckley: Judge selection plan faces challenges. LVRJ 7/24/07

Three killings bring man 60 years to life. LVRJ 7/24/07

MGM Beating: Plea deal ignored. LVRJ 7/24/07

Man freed from jail by mistake rearrested. LVRJ 7/24/07

Mix-ups put man in jail, leave him out in the cold. LVSun 7/24/07

California prison woes worry Nevada D.A.s RGJ 7/23/07

Posted by jonell at 08:46 AM | Permalink | Comments (0)

The Ninth Circuit Court of Appeals as issued Amendments to its rules, effective July 1, 2007. Among the changes:

Rules 17-1.6 & 30-1.6 provide that if the Excerpts of Record exceed 75 pages, the first volume shall be limited to oral and written orders that are to be reviewed on appeal. In 28 USC 2254 proceedings (habeas review of state court judgments), the state reviewing court disposition shall be included in the first volume.

Rule 28-6 provides that Rule 28)j) letters, should be filed 7 calendar days in advance of oral argument if practical to do so.

Rule 29-2 makes extensive rules concerning the filing of amicus briefs.

Rule 35-3 changes the number of judges for the limited en banc court from 15 to 11.

Rule 39-1.6 makes changes to requests for attorneys fees.

Posted by jonell at 09:31 AM | Permalink | Comments (0)

Capital Defense Weekly includes posts on the following:

More on the latest Florida lethal injection litigation.
Unconfirmed: Lethal injection "stays" out of Florida
Lonnie Johnson: "Geography means everything"
Twelfth Annual National Federal Habeas Corpus Seminar
Lonnie Johnson updates
Latest lethal injection scrume: back to Florida
Quick wrap up (including a link to audio recordings of a botched execution in Georgia)

Death Penalty Information Center provides the following posts this week:
Arizona's Death Penalty Five Years After Supreme Court's Ring Decision
New Resource: "Uneven Justice: State Rates of Incarceration by Race and Ethnicity"
Arbitrariness: Woman Faces Federal Death Sentence While Triggerman Receives 17 Years
Questions of Innocence Remain as Georgia Board Considers Davis' Clemency Request
South Dakota's First Execution in 60 Years Involves Young "Volunteer"
Books: "Warrior Within" Details Life on Texas' Death Row
Report Fails to Erase Doubt that Texas Executed an Innocent Man

Via Sentencing Law and Policy, Moonda case reflects U.S. trend by rejecting death penalty. Pittsburgh Tribune-Reivew. 7/22/07

Posted by jonell at 09:05 AM | Permalink | Comments (0)

Nevada corrections officer indicted on battery count. Nevada Appeal 7/22/07

Locked down. LVRJ 7/23/07 (re: Aryan Warrior indictment)

Posted by jonell at 08:37 AM | Permalink | Comments (0)

Corrections officers face discipline. LVRJ 7/21/07

Corrections officer indicted for battery. Nevada Appeal 7/21/07

Imprisoned jaywalker challenges drive to clean up downtown. LVSun 7/21/07

Corruption cases. LVRH 7/22/07

Smith: Will 30 months in prison improve Erin Kenny's memory. LVRJ 7/22/07

Corruption case: Jurors wonder after trial. LVRJ 7/22/07

Another U.S. attorney in a tight spot. LATimes 7/22/07

Priests Prison: Retired bishop backed priests' shelter. RGJ 7/22/07

Posted by jonell at 11:43 AM | Permalink | Comments (0)

Former NY police officer to remain jailed until trial on tax charges. LVRJ 7/20/07

Worker error led to release. LVRJ 7/20/07

Editorial: A crime on the border. LVRJ 7/20/07

From elsewhere:
The G-Men and the G-Man: The Justice Department's "Historic" New Oversight of the FBI is None of Those Things." Slate 7/18/07

Get Strong Congress: How to Fix the Executive Privilege Logjam. Slate 7/18/07

Broader Privilege Claimed in Firings: White House Says Hill Can't Pursue Contempt Cases. Washington Post 7/20/07

Georgia High Court Hears Teen Sex Case. NY Times 7/20/07

Justice Stevens isn't thinking retirement. AP 7/20/07

Posted by jonell at 08:33 AM | Permalink | Comments (0)

The Nevada Attorneys for Criminal Justice will host a reception honoring its past presidents at Brass, the lounge above Hennessy's Tavern at Las Vegas Blvd. and Fremont, tonight from 5:30 to 7:30.

Posted by jonell at 08:30 AM | Permalink | Comments (0)

We can never know about the days to come
But we think about them anyway
. . . .
Anticipation, Anticipation
Is making me late
Is keeping me waiting

With many, many apologies to Carly Simon.
It's been 3 weeks since the Nevada Supreme Court last issued a published decision. It appears that none will be issued today. The next scheduled release day is next Thursday, July 26.

Posted by jonell at 09:54 AM | Permalink | Comments (0)

The Sentencing Project has issued a 23 page report: "Uneven Justice: State Rates of Incarceration by Race and Ethnicity."

The report, which is based upon 2005 data, notes that Nevada's rate for incarceration per 100,000 population is 627 for whites, 2916 for blacks and 621 for Hispanics. In comparison to other states, Nevada has ranks 4th for highest incareration rate for whites (behind Oklahoma, Idaho and Texas), 14th for highest incarceration rate for blacks, and 21st for highest incarceration rate for Hispanics.

Posted by jonell at 08:07 AM | Permalink | Comments (0)

Still on the bench: Therapist wrote: Halverson coping. LVRJ 7/19/07

Conspiracy and fradu: Kenny gets 2 1/2 years. LVRJ 7/19/07

Fall from grace: Spirited Kenny offered promise. LVRJ 7/19/07

Morrison: Appropriate Erin Kenny sentence varies with the eye of the beholder. LVRJ 7/19/07

Editorial: Kenny sentence. LVRJ 7/19/07

Appeal rejected in Vegas murders sought by ex-GOP official. Nevada Appeal 7/19/07

Court rejects appeal in double homicides. LVRJ 7/19/07

Conforte speaks to Northern Nevada. RGJ 7/19/07

Another airline quits Ely service. LVRJ 7/19/07 (of particular interest to those who fly to Ely for meeting clients at the prison). Ely Times 7/18/07

Posted by jonell at 07:46 AM | Permalink | Comments (0)

KVBC (Channel 3) reports that a federal district court judge has sentenced former Clark County Commissioner Erin Kenny to 30 months in prison for taking bribes while serving as a Commissioner. Las Vegas Now confirms that report and notes that she was also ordered to pay $129,000.

Posted by jonell at 11:06 AM | Permalink | Comments (0)

Star witness discredited: Davidson guilty in bribe case. LVRJ 7/18/07

Smith: Davidson verdict show jury doubted Kenny's truthfulness as a witness. LVRJ 7/18/07

Judge to close courtroom for Jeffs hearing. LVRJ 7/18/07

Think Tank: Anti-gang tactics not working. LVRJ 7/18/07

Man who rented room for killer given one-year sentence in Douglas County Jail. Nevada Appeal 7/18/07

Waxman seeks answers about drug czar's visits. LVRJ 7/18/07

Editorial: In the shadows. LVRJ 7/18/07

Not in the news
I'm surprised by the complete lack of news coverage of the latest postings by the Nevada Supreme Court concerning the Judicial Discipline Commission proceedings against Judge Halverson. Extensive details and links are set forth below.

Posted by jonell at 08:30 AM | Permalink | Comments (0)

On July 12, 2007, Judge Halverson's former administrative assistant, Ileen Spoor, filed an emergency petition in the Nevada Supreme Court. Spoor requested that the Nevada Supreme Court direct the Nevada Commission on Judicial Discipline to allow Spoor's counsel to be present and to participate at a Judicial Discipline Commission Hearing which was scheduled for July 16, 2007. The petition was filed under seal. Spoor noted that she has pending litigation against Judge Halverson and expressed concern that she would be examined by Halverson's counsel about matters that are the subject of litigation.

Also on July 12, 2007, the following documents were filed:
Letter from David Sarnowski, Executive Director of the Nevada Commission on Judicial Discipline
Emergency Motion to Expedite Supreme Court Review of Petition for Writ of Mandamus
Appendix to Petition for Writ of Mandamus (parts 1-4)

On July 13, 2007, the Nevada Supreme Court issued an Order Denying Petition for Writ of Mandamus and Unsealing Record in this Matter. The Court did not address the merits, but instead concluded as follows:

"Having considered this petition and its supporting documentation, in light of those principles, we are not persuaded that our intervention by way of extraordinary relief is warranted, and we therefore deny the petition."
Page 2, footnote omitted.

Posted by jthomas at 08:57 PM | Permalink | Comments (0)

On July 12, 2007 (last Thursday), Judge Halverson filed in the Nevada Supreme Court, under seal, an emergency petition for a writ of prohibition, or in the alternative a writ of mandamus, against the Nevada Commission on Judicial Discipline. The document indicates that former Washoe County District Attorney Dorothy Nash Holmes has been appointed as a special prosecutor. In the petition, Judge Halverson asks the Nevada Supreme Court to prohibit the Nevada Commission on Judicial Discipline from proceeding with the suspension of Judge Halverson unless or until all of the following events occur:
* The Commission demonstrates that it is in compliance with its own procedural rules for the suspension of members of the judiciary;
* The Commission repairs the procedural inequities which make the proposed hearing regarding the suspension of Judge Halverson patently unfair and therefore violative of her rights not to be deprived of her judgeship without due process of law, and;
* The Commission reasonably tailor the accusations and inquiry against Judge Halverson supporting its desire to suspend her so as to only include issues which fall within their jurisdiction.

The 28 page petition includes extensive details as to the previously secret proceedings. The petition is accompanied by 122 pages of exhibits, including an Order of Interim Suspension which was entered on May 10, 2007, correspondence and other documents from the Judicial Discipline Commission.

On July 13, 2007, the Nevada Supreme Court entered an order denying the petition for a writ of prohibition and unsealing the record in this matter. The Court noted:

"Generally, a writ may issue only when a petitioner has no plain, speedy, and adequate legal remedy, and this court has consistently held that an appeal is an adequate legal remedy precluding writ relief. Here, it appears that petitioner will have an adequate legal remedy in the form of an appeal from an interim suspension order. While certain aspects of the proceeding thus far appear somewhat troublesome, in particular, those concerning the Commission's refusal without any stated reason to issue petitioner's requested subpoenas and the Commission's scheduling order's allocation of the burden of proof at the hearing, petitioner has not addressed the relevance and scope of her requested subpoenas, and we conclude that any burden of proof issues may properly be addressed in any appeal in this matter. Accordingly, we deny this petition."

Order, pages 2-3 (footnotes omitted). The Court also found that it was improper for Judge Halverson to submit her petition with a "SEALED" stamp, despite the absence of any order or authority providing for confidentiality of the petition in the Nevada Supreme Court.

On July 17, 2007, Judge Halverson filed an Emergency Supplemental Addendum to the petition. Judge Halverson noted that on late Friday afternoon her counsel was provided with approximately 250 pages of material, at a Reno office, for use in the Monday hearing in Las Vegas.

Posted by jthomas at 08:10 PM | Permalink | Comments (0)

The Las Vegas Review Journal reports that federal jurors in the Donald Davidson have returned a guilty verdict on counts 19 through 24, and announced that they are deadlocked on counts 1 through 18. I believe that Erin Kenny is scheduled to be sentenced tomorrow.

Posted by jthomas at 07:52 PM | Permalink | Comments (0)

The United States Supreme Court has adopted revisions to its rules. The revisions will be effective as of October 1, 2007.
Changes include the following:
-- Admission to the Court's bar will be $200. The former fee was $100.
-- If a petition exceeds five pages or 1,500 words, a table of contents and authorities shall be included and the table of contents shall include the items in the appendix.
-- Opposition and reply briefs on the merits are now due within 35 days of the filing of the prior brief. The former rule provided for 35 days.
-- An electronic version of every brief on the merits shall be transmitted, in addition to the printed brief.
-- The text of booklet-format documents shall be typeset in a Centry family 12 point type. Footnotes shall be in a 10-point type.
-- The Court has now adopted word limits, as opposed to page limits, for booklet-format documents. The word limit includes footnotes. Petitions for a writ of certiorari are limited to 9,000 words. Briefs on the merits are limited to 15,000 words. Page limits for documents presented on 8 1/2 by 11 paper, which include documents for clients proceeding in forma pauperis, still apply.
-- The filing time for amicus curiae briefs is changed.
-- A party who makes a monetary contribution to the preparation or submission of an amicus curiae brief as a member or an organization must disclose that fact, but membership dues in an organization need not be disclosed.

Posted by jonell at 11:03 AM | Permalink | Comments (0)

Panel begins hearing on jurist. LVRJ 7/17/07

Witnesses testify in secret, for and against judge. LVRJ 7/17/07

County: Whose side are lobbyists on. LVSun 7/17/07

Aryan Warriors: Friends, kin rebut charges. LVRJ 6/17/07

Lawyer found in contempt in Jackson memorabilia case. LVRJ 6/17/07

Deliberations on Davidson to continue. LVRJ 6/17/07

Ex-NY officer faces tax charges. LVRJ 7/17/07

From elsewhere:
Man on Georgia's Death Row Receives a 90-day Stay of Execution in '89 Death. NYTimes 7/17/07

In Defense of the 9th Circuit. Slate 7/16/07

Judge Rejects Charges for 13 on Tax Shelter. NYTimes 7/17/07. The Court's ruling, which was premised on the Government's interference with payment of attorneys' fees in the criminal case, is available here.

Posted by jonell at 08:17 AM | Permalink | Comments (0)

Harmful Error received visit # 10,000 yesterday. Thanks for sticking with me!

Posted by jonell at 08:14 AM | Permalink | Comments (2)

Reforms streamline competency court, save money. LVSun 7/16/07

New lawyers added to eTreppid fray. RGJ 7/16/07

Posted by jonell at 08:53 AM | Permalink | Comments (0)

Blawg Review #117 - a great distraction for another day under the air-conditioner.

The Troy Davis case from Georgia (likely innocent defendant who is scheduled to be executed tomorrow) is covered by Ohio Death Penalty Information and Capital Defense Weekly.

Full Constitutional Protection for Some, but No Privacy for the Poor. NYTimes Adam Liptak 7/16/07 (via How Appealing)

Posted by jthomas at 07:13 AM | Permalink | Comments (0)

In its Indictment filed against 14 Nevada inmates, the United States makes substantial allegations against prison guards and other staff within the Nevada prison system. Among other claims, the federal government charges the following:

"34. To be able to conduct their narcotics trafficking, extortion of inmates and gambling inside the prisons, Aryan Warriors rely to the active assistance or willful neglect of prison guards and other staff at the Nevada prison system. Aryan Warriors corrupt guards and prison staff through bribery, including payments of both money and drugs. Aryan Warriors also preclude or discourage guard oversight or enforcement of prison discipline concerning their activities through fear. Guards within the Nevada prisons are fearful of Aryan Warriors and the potential of Aryan Warriors perpetrating acts of violence against them. Aryan Warriors also befriend and obtain cooperation of guards who are entrigued with the criminal enterprise and its racial philosophies. Aryan Warriors use bribed guards to actively bring in or permit others to bring in drugs to Aryan Warriors in Nevada prisons. Aryan Warriors use bribed guards or guards acting in fear or admiration of the enterprise to obtain paperwork or prison office assignments allowing access to paperwork concerning inmates within the prisons. Aryan Warriors use this information to identify extortion victim-inmates, including inmates who are identified as homosexuals, child molesters and prison informants. Aryan Warriors also rely on the acquiescence of corrupted guards to effectively control prison yards and the operation of gambling or other illegal activities inside the prison. Aryan Warriors are also able to use corrupted guards to be given access to telephone or other communication opportunities for communications with enterprise members and others outside the prisons acting for the 'street program' in local Nevada communities."

The Indictment does not identify any guards or prison staff members by name. None are charged in the Indictment, but the US Attorney's Office has stated to the press that a Superseding Indictment may be filed. It does not appear that the Nevada Department of Correction has issue a statement or news release about this matter.

Posted by jonell at 11:41 AM | Permalink | Comments (0)

Judicial discipline panel sets meeting in Halverson case. LVRJ 7/14/07

Seven inmates appear in court. LVRJ 7/14/07

Pleas entered in Nevada prison Aryan Warriors racketeering case. Nevada Appeal 7/13/07

Morrison: Supremacists' monikers elicit giggles, but their activities are not funny. LVRJ 7/14/07

In Depth: Toll on state prison, parole and probation systems adds up. LVRJ 7/15/07

Jury in Davidson trial excused for weekend. LVRJ 7/14/07

And from elsewhere:
Public Defenders Get Better Marks on Salary. NYTimes 7/14/07

As execution nears, last push from inmate's supporters. NYTimes 7/15/07

Rocking the Hard Place, Dahlia Lithwick, Slate 7/11/07 (on the firing of US Attorneys)

Executive Nonsense. Slate 7/11/07

House Judiciary Committee subpoenas RNC documents. Think Progress 7/13/07

Hardly Working. Slate 7/10/07

And Scotusblog examines potential nominees for Supreme Court vacancies when a Democrat is elected as President. Among the initial list was 9th Circuit Judge from Nevada Johnnie Rawlinson, but by the second post it is noted that "the consensus view was that [she] is too conservative to be appointed by a Democratic President."

Posted by jonell at 10:56 AM | Permalink | Comments (0)

Suspended or not: Judge may hear soon. LVSun 7/13/07

Move makes more space for Dayton courts and cops. Nevada Appeal 7/13/07

Smith: A cooperative Pacman Jones could serve justice, save an NFL career. LVRJ 7/13/07

Gibbons names Bonaventure replacement. LVRJ 7/13/07

Kenny's sentence might be postponed. LVRJ 7/13/07

Gang based in Nevada prison targeted. LVRJ 7/13/07

Posted by jonell at 07:53 AM | Permalink | Comments (0)

Governor Gibbons has appointed Elissa Cadish to Department 6 for the remainder of the term formerly held by retired District Court Judge Bonaventure.

I'm informed that the jury in the Davidson case has not yet reached a verdict, but has asked several questions. It is expected that Erin Kenny's sentencing will be postponed again.

Judge Walton has ordered that Lewis Libby's sentence of supervised release will remain in effective. The court's order is well worth reading. (with thanks to How Appealing)

14 indicted in Nevada prison Aryan Warriors racketeering case. AP 7/12/07. The indictment is available in pdf format here via Channel 8 News.

County prosecutor considers challenging Nevada GOP congressman. AP 7/12/07

Posted by jonell at 05:03 PM | Permalink | Comments (0)

Mack lawyers rip DA, request inquiry. RGJ 7/12/07

Reno men fined for possessing 185 fish. Lahontan Valley News. 7/12/07

Jailed polygamist leader faces new sex offense charges. LVRJ 7/12/07

Kenny elicits public scorn. LVRJ 7/12/07

Articles concerning Senate hearings on the firing of Nevada US Attorney Dan Bogden and other US Attorneys include the following:

Ex-White House Aide Says Bush Wasn't Involved in Attorney Firings. NY Times 7/12/07

Miers Rebuffs House Subpoena. Washington Post 7/12/07

A Bush Aide's Long Road From The White House. Washington Post 7/12/07

Disregard subpoenas, Justice Dept. says. LATimes 7/12/07

Posted by jonell at 07:36 AM | Permalink | Comments (0)

The Reno Gazette Journal reports a defense Motion to Dismiss in the Darren Mack case, which is based upon a "legal tantrum" by Washoe County District Attorney Dick Gammick, during a press conference following a ruling that certain statements by Mack to Gammick are to be excluded at trial because Gammick did not tell Mack that he was represented by lawyers. The motion is available by pdf format here.

In other news, former Clark County Commissioner Erin Kenny's sentencing hearing has been postponed until Friday based upon the fact that Davidson jury is still deliberating.

Posted by jonell at 01:45 PM | Permalink | Comments (0)

Davidson lawyer scoffs at Kenny's memory loss (w/ sidebar that a delay in likely in sentencing for Erin Kenny). LVRJ 7/11/07

Smith: Nasty duel between DA, defense attorneys might bring Mack trial here. LVRJ 7/11/07

Board OKs settlements for claims by ex-inmate, suicide victim's father. LVRJ 7/11/07

Legal try for funds restarts (Murphy/Binion) - LVRJ 7/11/07

Binion cases long on drama but out of time. LVSun 7/11/07

Judge Weller denies talking about case. RGJ 7/11/07

Grandy jury will review Douglas government. Nevada Appeal 7/11/07

The Senate Judiciary Committee is holding a hearing this morning on the firing of Dan Bogden and other US Attorneys. You can watch the hearing live at this link. President Bush's former political direct Sara M. Taylor has declined to answer questions based upon the invocation of executive privilege by Bush, but may face contempt charges by Congress for doing so. She has agreed to answer some questions.

Posted by jonell at 08:26 AM | Permalink | Comments (0)

In the last couple of weeks the Ninth Circuit Court of Appeals has issued a few interesting opinions:

In United States v. Horvath, the Circuit holds that a defendant who makes a false statement to a probation officer during an interview conducted for the purpose of creation of a presentence report, which must by law be submitted to the judge, is not subject to criminal liability under 18 USC 1001(a) because of the exception in 1000(b) for "statements . . . . submitted by a party . . . to a judge."

In United States v. Jernigan, the Circuit, sittine en banc, held that a defendant was entitled to a new trial based upon a Brady violation. She was convicted of robbing three banks. While in custody awaiting trial, two more banks were robbed by a woman with a resemblance to the defendant. The government knew of the two bank robberies and knew of the similarities between the women, but did not disclose this fact to defense counsel. The Court found that the evidence had been withheld (though not by the specific US attorney who tried the cases), the evidence was favorable to the defense, and it was material.

In United States v. Juvenile Male, the Ninth Circuit vacated a district court's decision to transfer a juvenile defendant because of clearly erroneous factual determinations.

In United States v. Ensign, the Ninth Circuit affirmed a district court's denial of an out-of-district attorney's request to appear pro hoc vice as court appointed counsel based in part upon bar disciplinary matters.

In United States v. Forrester, the Ninth Circuit held that under Faretta, a waiver of counsel must be knowing and intelligent, and includes a requirement that the defendant be informed of the charges, the potential sentence, and the dangers of self-representation. The Circuit found the waiver in this case to be invalid because the trial court did not inform the defendant of the nature of the conspiracy charge and misstated the potential sentence as 10 years rather than 20. The Circuit vacated the judgment and remanded for a new trial. The co-defendant did not do as well. The Circuit held that there was no expectation of privacy based upon the Government's computer surveillance of IP addresses. The content was not searched - just the addresses where the messages were sent. Ninth Circuit Blog discusses this aspect of the ruling.

Posted by jonell at 07:58 AM | Permalink | Comments (0)

The next new law to be addressed in this on-going series of posts regarding legislation passed this session is AB 92, which expands the crimes for which a convicted person is required to submit a biological specimen to be used for DNA testing.

AB 92 amends NRS 176.0913 to expand the class of persons subject to DNA testing to all persons convicted of a felony. Under the former version, only those defendants convicted of category A felonies, category B felonies, and category C felonies involving the use or threatened use of force or violence against the victim, were required to provides specimens for testing.

The statute remains unchanged in its requirement for testing of defendants convicted of a crime against a child under NRS 179D.210; a sexual offense as defined in NRS 179D.410; abuse or neglect of an older person or a vulnerable person under NRS 200.5099, a second or subsequent offense for stallking pursuant to NRS 200.575; and an attempt or conspiracy to commit these offenses.

AB 92 also amends the statute to add a new subsection (6), which provides that except as otherwise authorized by federal law or a specific statute, a biological specimen obtained pursuant to this law, the results of testing, any any information identifying a specimen with a person must not be shared with or disclosed to any person other than authorized personnel, except pursuant to a court order or request from a lasw enforcement agency during the course of an investigation. A person who violates this section is guilty of a misdemeanor. NRS 176.0916 is also amended with this provision.

Posted by jonell at 08:45 AM | Permalink | Comments (0)

Work at night, on weekends to save taxpayers money? Judges balk. LVSun 7/10/07

Smith: Despite competition, Kenny is likely the most hated former commissioner. LVRJ 7/10/07

Davidson defense concludes its case. LVRJ 7/10/07

Editorial: Expect crocodile tears from crooked Kenny. LVRJ 7/10/07

Neff: The local face of public corruption. LVRJ 7/10/07

Polygamist leader ends fight over traffic stop. LVRJ 7/10/07

Ad day's luck bailed out, they faced making bail. LVSun 7/10/07

Trial of Denver Dean Pullin begins. RGJ 7/10/07

Posted by jonell at 07:56 AM | Permalink | Comments (0)

Scotusblog provides statistics and analysis of the Supreme Court's decisions in criminal cases for the October 2006 term. In addition to other facts about the decisions, Scotusblog notes that criminal cases were a third of the Court's dockets and more than 45% of the cases were decided 5-4.

Posted by jonell at 07:43 AM | Permalink | Comments (0)

The Ninth Circuit holds that AEDPA is not unconstitutional in Crater v. Galaza.

Bush Denies Congress Access to Aides (on issues re: firing of US Attorneys). AP 7/9/07

The Nevada Department of Corrections' "Inmate Search" page is still down. It's been at least a month since the following message first appeared: "The inmate search function is temporarily unavailable because the Department is in process of converting to a new offender management data processing system. We apologize for any inconvenience and will restore the search function as soon as possible." Calls to the prison have not been of use either, as we have been told that the computer is down so they cannot determine where an inmate is located. My suggestion is to send a letter to clients telling them to call if they are moved to a new facility. As for new clients, if at all possible try to contact them before they are moved from the jail and ask them to call you asap with their new inmate number because the prison will return mail if the inmate number is not included on the envelope, even if you cannot find the inmate number because of the computer issues.

Capital Defense Weekly notes that Troy Davis is likely to be executed in the next two weeks in Georgia. Amnesty International sets forth details about facts showing that Davis is likely innocent.

Posted by jonell at 02:57 PM | Permalink | Comments (0)

Cox cable is having some issues today. It may be time for off-sight hosting. In the meantime, it's too frustrating to post much this morning, so please check back this afternoon.

Posted by jonell at 09:14 AM | Permalink | Comments (0)

Higgs' lawyer: Juror's chat justifies new trial. RGJ 7/9/07

Morrison: For poor defendants, capabilities of contract defenders are a big concern. LVRJ 7/9/07

Why laws, principles and the truth matter. LVRJ 7/8/07

Posted by jonell at 08:31 AM | Permalink | Comments (0)

Accused lawyers rarely investigated. LVSun 7/8/07

From scratch, he built UNLV law school and its reputation. LVSun 7/8/07

More and more law firms branch out into marketing. LVSun 7/8/07

Some of new sex-offender law applies only to those on supervision. Nevada Appeal 7/8/07

Mayor driving again after DUI. Nevada Appeal 7/8/07

Smith: Sorry Kenny seems to be sorry that she has to testify that she's sorry. LVRJ 7/8/07

Corruption Trial: Davidson denies he paid a bribe LVRJ 7/7/07

Multimillionaire surrenders at Colorado prison camp. LVRJ 7/7/07

And new developments re: the firing of US Attorney Dan Bogden and other US Attorneys:
White House Will Deny New Request in Attorney Probe: Bush to Defy Congress, Sources Say. Washington Post 7/7/07

The Washington Post provides documents related to the US Attorney firings.

White House Subpoena Battle Escalates. AP 7/8/07

Posted by jonell at 09:27 AM | Permalink | Comments (0)

AB 49 amends NRS 6.020 by providing that police offers are not exempt from serve as grand and trial jurors. "Police officer" is defined in NRS 617.135.

The new law also amends NRS 6.030 to provide that the court may at any time temporarily excuse a person from jury duty who provides proof that he is the primary carefiver of another person who has a documented medical condition which requires the assistance of another person at all times.

Posted by jonell at 09:35 AM | Permalink | Comments (0)

Separate cases, same man: Judge stirs more controversy. LVRJ 7/6/07

Davidson takes the stand, denies paying off Kenny. LVRJ 7/6/07

Family of Nye County inmate who committed suicide files lawsuit. LVRJ 7/6/07

Park slaying: Homeless man takes plea deal. LVRJ 7/6/07

Bailiffs get new image, prospects for pay hike. LVSun 7/6/07

State mental health official resigns post. LVRJ 7/6/07

Editorial: The D.A.'s faux pas. Ely Times 7/5/07

Posted by jonell at 09:00 AM | Permalink | Comments (0)

Ninth Circuit Blog provides a great history of the Guantanamo Bay litigation. This is nice background for the Supreme Court case that will be heard next term.

Posted by jonell at 08:56 AM | Permalink | Comments (0)

The Associated Press reports that in a 4-2 ruling, the Nevada Supreme Court rejected Cary Williams' petition for rehearing en banc of a decision affirming his conviction and sentence of death. Justices Maupin and Cherry dissented after finding that the case should be remanded to district court for a full evidentiary hearing on Williams' brain damage. The article noted that in December the Court found that two of four aggravating circumstances had to be vacated [under McConnell v. State], but the 3-judge panel affirmed the death sentence after finding that the inclusion of the two invalid aggravating circumstances was harmless error.

Posted by jonell at 05:45 PM | Permalink | Comments (0)

Criminal Justice System: Prisons cut deep into state coffers. LVRJ 7/5/07

Nevada justice, ACLU critical of trend in state prison funding. LVRJ 7/5/07

Posted by jonell at 10:12 AM | Permalink | Comments (1)

(via Sentencing Law and Policy), the Bureau of Justice Statistics has released its report: "Prison and Jail Inmates at Midyear 2006" (pdf). Highlights (or lowlights, depending on perspective) include the following:

During the 12 months ending June 30, 2006, the number of inmates in custody of state and federal prisons and local jails in the US increased 2.8% to reach a total of 2,245,189. For comparison sake, the U.S. Census Bureau estimates Nevada's entire population in 2006 to be 2,495,529.

On June 30, 2006, an estimated 4.8% of black men were in prison or jail, compared to 1.9% of Hispanic men and .7% of white men. More than 11% of black males age 25 to 34 were incarcerated. Black women were incarcerated in prison or jail nearly 4 times the rate of white women and more than twice the rate of Hispanic women.

The U.S. prison incarceration rate at midyear 2006 is 497 prisoners per 100,000 residents.

Nevada ranked 4th in the country for percentage increase in prison population for the 12 months ending June 30, 2006. We had a 7.8% increase. Alaska had the greatest increase, with a 9.4% gain in prison population, while Missouri had the largest decrease with a 2.9% reduction in prison population.

The report further finds that on June 30, 2006, there were 12,328 inmates in Nevada prisons. The prison incarceration rate is 494 prisoners per 100,000 residents.

Finally, the report notes that the Clark County jail population averaged 3,384 inmates per day, with a capacity of 2,859.

Posted by jonell at 01:18 PM | Permalink | Comments (0)

Defense begins for real estate consultant. LVRJ 7/4/07

Court backs sentence in 2003 flight incident. LVRJ 7/4/07

Nevada homeland security chief announces resignation. LVRJ 74/07

Posted by jonell at 01:07 PM | Permalink | Comments (0)

My personal favorite: Olbermann: Bush, Cheny should resign. MSNBC 7/3/07. The text is well worth reading, but the video is especially compelling.

Sentencing Law and Policy includes a number of thorough posts addressing the Libby commutation and also provides links to a large number of newspaper articles on the subject. Among other issues, Professor Berman notes Bush's assertion that Libby's sentence was excessive while his Justice Department argued before the United States Supreme Court that a 33-month sentence was not excessive for the same offenses by defendant Victor Rita. In affirming Rita's sentence, Justice Scalia described Rita's sentence as a "relatively low sentence." I have not yet seen an explanation for the Whitehouse or Justice Department about the inconsistent positions. I'm not holding my breath.

Judge questions supervision of Libby. Scotusblog 7/3/07

Suggestions for Judge Walton on Libby's Supervised Release. Talk Left 7/4/07 (includes note that the conditions of Libby's supervised release could be modified to prohibit association with certain people (such as V.P. Cheney) and/or home confinement)

The Quality of Mercy is Strained: Bush Commutes Libby's Sentence, While His Lawyers Come Down Hard on Everyone Else. Slate, 7/3/07

Unlike almost every other newspaper in the country, the Las Vegas Review Journal editorializes that the sentence commutation was a good move. The editorial staff reasons that a 2.5 year sentence for obstruction of justice is excessive. I do not recall them taking this position in other criminal cases, but look forward to their future editorials on sentencing reform.

On a related note, the Washington Post presents a series on the Cheney Vice Presidency.

Posted by jonell at 12:20 PM | Permalink | Comments (0)

New Nevada parole law raises concerns. AP 7/2/07

New prison rules won't mean immediate release of inmates. Nevada Appeal 7/2/07

Corruption trial: Davidson city plot alleged. LVRJ 7/3/07

Short, contentious stay for homeland security adviser. LVSun 7/3/07

Posted by jonell at 09:17 AM | Permalink | Comments (0)

Capital Defense Weekly notes that a quick execution date has been set for Troy Davis in Georgia, who is likely innocent; the mother of a condemned inmate whose execution took an hour longer than is typical, has filed a lawsuit against an Ohio Prison based upon the botched execution; and a judge found 8 anti-death penalty activists guilty for unfurling a STOP EXECUTIONS banner on the steps of the US Supreme Court. CDW also notes that in the last 7 years, 50 Pennsylvania inmates awaiting execution were spared by the courts and links to a story from the Philadelphia Inquirer about that issue. CDW also provides analysis of the Panetti decision.

Headlines from the Death Penalty Information Center include the following:

New Resource: Tennessee Study Reveals Need for Indigent Defense Reform

New Voices: Former Florida Prison Warden Calls for End to Death Penalty.

New Voices: Scientific American on the Death Penalty: "Bad Execution"

Supreme Court Blocks Execution of Mentally Ill Inmate

ACLU Releases Report on Racial Disparities in the Federal Death Penalty

Supreme Court Agrees to Hear Louisiana Case With All -White Jury and Reference to O.J. Simpson

Posted by jonell at 08:54 AM | Permalink | Comments (0)

The study on behalf of the National Center for State Courts concluded that juries reach "accurate" verdicts only 87% of the time in criminal cases. Estimating the Accuracy of Jury Verdicts, by Bruce D. Spencer, Northwestern University (via Capital Defense Weekly)

Posted by jonell at 08:43 AM | Permalink | Comments (0)

The title says it all. Here's the story.

Posted by jonell at 03:07 PM | Permalink | Comments (0)

I don't handle DUI cases, but I'm told by some attorneys who do that SB 277 provides for a great new program for some defendants. I'll do my best to summarize it, but folks practicing in this area should take a look at it themselves. The new law is effective today.

NRS Chapter 484 is amended to provide that an offender who enters a plea of guilty or nolo contendere to a violation of NRS 484.379, that is punishable pursuant to NRS 484.3792(1)(c) [3rd offense DUI, category B felony]may, at the time he enters his plea, apply to the court to undergo a program of treatment or drug abuse for at least 3 years if (a) the offender is diagnosed as an alcoholic or drug abuser by a certified counselor or physician; and (b) the offender agrees to pay the costs of the treatment to the extent of his financial resources. The counsel or physician is to make a report and recommendation regarding the type of treatment required.

After receiving such an application, the prosecutor may, within 10 days of receiving notice of the application, request a hearing. The court may also order a hearing on its own motion. If the court determines that an application for treatment should be granted, the court shall (a) immediately, without entering a judgment of conviction, suspend further proceedings and place him on probation for not more than 5 years upon the condition that the offender shall be accepted for treatment by a treatment facility, shall complete the treatment satisfactorily, and comply with other conditions.

If the defendant does not enroll or does not complete the program, a judgment of conviction shall be entered pursuant to NRS 484.3792(1)(c) [3rd offense, category B felony] and he shall serve a term in accordance with that statute. If he does complete the program, the court will entered a judgment of conviction pursuant to NRS 484.3792(1)(b) [2nd offense, misdemeanor].

To participate in the program, the offender must serve not less than 6 months of residential confinement; install, at his own expense, a device (described in NRS 484.3941) for not less than 12 months; not drive any vehicle unless it is equipped with a device; agree to periodic testing for the use of alcohol or controlled substances while in the program; and agree to other conditions imposed by the court.

An offender may not apply to the court for a treatment program pursuant to this section if he has previously applied to receive treatment pursuant to this section; or if he has previously been convicted of a violation of NRS 484.3795, NRS 484.37955, a homicide resulting from a DUI or driving under the influence of a controlled substance, NRS 484.3792(1)(c), NRS 484.3792(2), or a violation of any other jurisdiction that prohibits the same or similar conduct.

Posted by jonell at 09:25 AM | Permalink | Comments (0)

Editorial: Justice delayed. LVRJ 7/2/07

200 New State Laws Take Effect. LVRJ 7/2/07

Morrison: One wonders about the caliber of the advice Erin Kenny provides. LVRJ 7/2/07

School police get more clout to control traffic. LVRJ 7/2/07

Paper: Nevadans live hard, die young. Nevada Appeal 7/1/07

Man sentenced for meth death. LVRJ 7/2/07

Other news of interest:

Number of U.S. prisoners has biggest rise in 6 years. Reuters 6/27/07

Federal Judges Speaks Out Against Mandatory Minimum Sentencing. Legal Times 6/27/07

Sen. Leahy digs in heels on subpoenas over U.S. attorney probe. LATimes 7/2/07

Posted by jonell at 07:58 AM | Permalink | Comments (0)

Judicial Commission: Delays in discipline criticized. LVRJ 7/1/07

Editorial: Big changes for contract defenders. LVRJ 6/30/07

Kenny again cites memory loss. LVRJ 6/30/07

Jury finds husband guilty of killing Nevada official. AP 71/07

Remarks about Augustine follow trial. LVRJ 6/30/07

Woman found guilty in 1974 death of 3-year-old son in Sparks. AP 6/30/07

Smith: Kenny may be disgraced, but she can still make a fine living by doing nothing. LVRJ 7/1/07

Court OKs seizure in rape case (Warren Jeffs). LVRJ 7/1/07

Posted by jonell at 01:16 PM | Permalink | Comments (0)

Lots of year end analysis of the United States Supreme Court:

OT06: The Statistics and a Super StatPack. Scotusblog 6/28/07

US Supreme Court: A look at the high court's 2006-2007 term. Associated Press

Even in Agreement, Scalia Put Roberts to Lash, NYTimes 6/28/07

In Steps Big and Small, Supreme Court Moved Right. NYTimes 7/1/07

"If this is the birth of a new constitutional era . . . what an ugly baby" ACS Blog 6/28/07

A Rightward Turn and Dissention Define Court This Term. Washington Post 7/1/07

High court has entered a new era. LATimes 7/1/07

Editorial: The 5-4 Court. LATimes 7/1/07

Rulings seal high court's shift to right. SFChronicle 71/07

New Conservative Majority Rolls Back Fundamental Rights and Closes Courthouse Doors. ACLU

A Supreme Court Conversation. Walter Dellinger, Dahlia Lithwick and Stuart Taylor Jr. Slate 6/29/07

Posted by jonell at 12:50 PM | Permalink | Comments (0)

July 2007
2 Mon Panel Conference
4 Wed Court Holiday
5 Thu Opinion Release
12 Thu Opinion Release
16 Mon Panel Conference
18 Wed Panel Conference
19 Thu Opinion Release
20 Fri Panel Conference
26 Thu Opinion Release

Posted by jonell at 12:49 PM | Permalink | Comments (1)