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At 10 a.m, the U.S. Supreme Court is scheduled to hear oral argument in Danforth v. Minnesota, examining state courts’ authority to expand the retroactivity of Supreme Court criminal procedure rulings. (via Scotusblog)
Nevada prisons remain overcrowded despite parole speed-up. Nevada Appeal 10/30/07
Prison population tops expectations in budget. LVRJ 10/31/07
Reno judge wounded in courthouse shooting says he suspected Mack. Nevada Appeal 10/30/07
Judge says Mack gave him 'death look.' RGJ 10/30/07
Targeted judge says he suspected Mack. RGJ 10/31/07
Judge testifies against Mack. LVRJ 10/31/07
Gammick testifies he wouldn't use former detective as witness. RGJ 10/31/07
Judges tosses charge in growth hormone case. LVRJ 10/31/07
With 15 minutes to spare, the United States Supreme Court issued a stay, in a 7-2 decision, of a Mississippi execution that was to take place at 6 pm Tuesday night. Many believe that this signifies that a moratorium is essentially in place until the Court determines the constitutionality of lethal injection.
Via Scotusblog
At 10 a.m, the Court is scheduled to hear oral argument in United States v. Williams, asking whether a federal ban on pandering material believed to be child pornography is unconstitutional.
At 11 a.m, the Court is scheduled to hear oral argument in Logan v. United States, asking whether the Armed Career Criminal Act exempts state convictions for which civil rights were not originally revoked.
The New Mexico Supreme Court's recent opinion in State v. Robert Young, NO. 29,467 (N.M. 10/25/2007), provides an extensive examination of the cost of defense counsel in capital cases.
The issue presented is whether indigent defendants accused of capital crimes are unconstitutionally deprived of effective assistance of counsel when their counsel are inadequately compensated. The New Mexico court finds that under the facts of the case, counsel for the defendants are inadequately compensated, and as such defendants are deprived of the effective assistance of counsel. The Defendants asked the Court to consider three different remedies: (1) allow their attorneys to withdraw; (2) order the State to compensate counsel at a reasonable hourly rate; or (3) dismiss the death penalty.
According to the AP, Reis Lopez and Robert Young were charged with killing Ralph Garcia, who was a guard at a privately operated prison in Santa Rosa. Prosecutors brought charges against 15 inmates but sought the death penalty against three.
The attorney general's office and the state Public Defender Department had argued that enough money had been allocated for an adequate defense of the inmates. Fees for the defense lawyers were revised several times, according to the court, and contract amendments were offered that provided for a total of $46,500 for each main attorney through trial and $23,000 for each second-chair attorney. The defense lawyers did not sign the contract amendments, however. In 2005, the Legislature provided an additional $100,000 for each of the three death penalty defense teams. An extra $200,000 per defense team had been requested from the Legislature, but lawmakers trimmed the amount. About $870,000 also had been provided by lawmakers but defense lawyers say that should go only to pay for expert witnesses.
In addressing the merits the Court in the case.
As a general rule, the gravity of the death penalty and its requisite heightened scrutiny require a significantly greater degree of skill and experience on the part of defense counsel than is required in a noncapital case. See ABA, Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, Guideline 1.1, History of Guideline (rev. ed. 2003), in 31 Hofstra L. Rev. 913, 921 (2004) [hereinafter ABA Guidelines]. Capital defense teams must spend more time preparing for and trying a capital case than for non-capital cases. See State Bar of N.M., Task Force to Study the Administration of the Death Penalty in New Mexico, Final Report 6 (2003) [hereinafter New Mexico Task Force Final Report] (discussing a study of capital defense in federal courts and noting the "unique strains" placed on capital defense counsel, such as spending more time with a capital client, "unique and intensive training," and lengthy, complex jury selection). Therefore, it is indisputable that the prosecution and defense of capital murder cases are substantially more expensive than in non-capital cases.
Yet the financial burden on attorneys who contract to defend capital cases is not measured simply by the amount of time devoted to defending such cases. "[T]he demands of handling a death penalty case frequently preclude acceptance of other employment while the case is being litigated." See id. Unlike the public defenders employed by the PD, capital defense attorneys must pay overhead. Finally, because representation in capital cases requires specialized skills, intensive training relating to substantive areas of mitigation, forensic science, and practical instruction in advocacy skills is required.
Because of the extraordinary demands on capital defense attorneys, ABA Guidelines, Guideline 8.1 Commentary, in 31 Hofstra L. Rev. at 979, the American Bar Association has condemned flat fees, caps on compensation, and lump-sum contracts in death penalty cases. Id., Guideline 9.1(B)(1), in 31 Hofstra L. Rev. at 981. Rather than a flat fee or a capped rate, the ABA Guidelines stress that "[c]ounsel in death penalty cases should be fully compensated at a rate that is commensurate with the provision of high quality legal representation and reflects the extraordinary responsibilities inherent in death penalty representation." Id., Guideline 9.1(B), in 31 Hofstra L. Rev. at 981.
The Court's conclusion:
Defense counsels' compensation is inadequate under the facts of this case, violating defendants' Sixth Amendment right to effective assistance of counsel. Prosecution of the death penalty is stayed unless the State makes adequate funds available for the defense. We have set the hourly rate and maximum compensation based on the unique circumstances of this case. In doing so, we make no determination that similar fees or rates are constitutionally required in other cases.
Washoe D.A. to testify today in lawsuit trial. RGJ 10/30/07
Ex-prison guard testifies in harassment case. LVRJ 10/30/07
Police to buy taser cameras. LVRJ 10/30/07
O.J. Simpson case: Another lines up to testify. LVRJ 10/30/07
Experts: cutting plea deals could cut both ways in Simpson case. Nevada Appeal 10/30/07
More than 200 Nevada inmates fighting fires. LVRJ 10/30/07
Testimony explains bloody photos. (Mack) RGJ 10/30/07
Mack jury sees bloody photos from garage. Nevada Appeal 10/30/07
Henry Winckler, 'The Fonz', scheduled to speak at judicial banquet. RGJ 10/30/07
Burning Man arson suspect arrested again. RGJ 10/30/07
The Legislature's Advisory Commission on the Administration of Justice will conduct a hearing on October 30, 2007 at 9:00 a.m. in room 1214 of the Legislative Building in Carson City. It will be videoconferenced to the Grant Sawyer building in Las Vegas, in room 4412.
The Agenda includes the following topics:
IV. Presentation by the Nevada Department of Corrections on Various Issues, including, without limitation:
A. The Inmate Population.
B. The Status of the Computer System.
C. Update on Parole Eligibility and Release of Inmates pursuant to Assembly Bill No. 510 of the 2007 Legislative Session.
V. Presentation by Dr. James F. Austin and the Council of State Governments Concerning the Monthly Prison Population Tracking Tool.
VI. Presentation by Staff of the Fiscal Division of the Legislative Counsel Bureau Concerning Budgets for the Nevada Department of Corrections, the Division of Parole and Probation of the Department of Public Safety and the State Board of Parole Commissioners.
VII. Presentation by the Division of Parole and Probation including, without limitation:
A. The Effects of Assembly Bill No. 510 of the 2007 Legislative Session and the Status of Releases from Probation and Parole.
B. Review of the Attorney General Opinion and Standing Order.
C. The Availability of Court Services.
D. Presentence Investigation Reports.
VIII. Update by the State Board of Parole Commissioners including, without limitation:
A. The Effects of Assembly Bill No. 510.
B. Conference with the Governor and Legislative leadership Concerning Budgetary Needs.
C. Request to the Interim Finance Committee.
IX. Presentation of and Discussion Concerning a Matrix of Crimes and Sentences in Nevada:
A. Review of the Reconfigured Matrix Prepared by Commissioner Art Mallory.
B. Presentation by the Nevada District Attorneys' Association.
C. Presentation by the Public Defenders of Clark County and Washoe County.
X. Public Comment.
XI. Discussion of Potential Topics, Dates and Locations for Future Meetings.
Audio and video of the hearing will be available through the Legislature's website.
It was a busy 3-day blog weekend - check out the posts below.
As for today's news:
Prosecution resumes in Mack trial. RGJ 10/29/07
Copperfield lawyer accuses feds of leaking grand jury allegations. RGJ 10/29/07
Magician's lawyer alleges leak. LVRJ 10/29/07
Jail inmate found dead in cell. Nevada Appeal 10/29/07
Editorial: Bursting the damn on judicial nominations. LVRJ 10/29/07
Friday, November 9, 2007
45297 HOOKS (JERRY) VS. STATE
9:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Maupin )
47462 MADDOX VS. FEDEX GROUND PACKAGE SYSTEMS
9:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
46577 RAY (PAUL) VS. STATE C/W 47078
10:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
47078 RAY (PAUL) VS. STATE C/W 46577
10:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
47734 FRIEDMAN VS. MEADOWOOD MANOR
11:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
84-year old killed: Father's fight ends at prison. LVRJ 10/27/07
Peers chose Bert Brown chief judge. LVRJ 10/27/07
Denounce waterboarding, Democrats tell nominee. NYTimes 10/26/07
Georgia court frees man convicted in sex case. NYTimes 10/27/07
From CIA Jails, Inmates Fade Into Obscurity. Washington Post 10/27/07
Fifth Circuit green lights lethal injection. Capital Defense Weekly 10/26/07
Sunday update:
Report: Woman claims rape by Copperfield. RGJ 10/28/07
Week in review. LVRJ 10/28/07
Smith: Unnoticed by tourists, agents and officers shadow suspicious visitors. LVRJ 10/28/07
Death penalty tests a church as it mourns. NYTimes 10/28/07. The Declaration of Life statement which is referenced in the article is available online.
Attorneys at Politics: Would you hire one to represent you? NYTimes 10/28/07
Judicial races now rife with politics. Washington Post 10/28/07
Guantanamo military lawyer breaks ranks to condemn 'unconscionable' detention. Independent.co.uk 10/27/07
Blogs and newspapers are abuzz with a story about a Baltimore County judg'es decision to exclude fingerprint evidence in a death penalty case. The judge conducted a lengthy hearing and then concluded that the fingerprint evidence was "a subjective, untested, unverifiable identification procedure that purports to be infallible." The Baltimore Sun reports on the court's decision in State v. Rose in its article Exclusion of prints could stir legal tests.
The Rose decision is available here.
The 220 page document "A Review of the FBI's Handling of Brandon Mayfield Case" by the U.S. Department of Justice Office of the Inspector General Oversight and Review Division (March 2006), which is referenced repeatedly in the Rose case is available online through the Department of Justice.
45854 BOYD VS. ZAMPELLA
9:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
46569 RUFFA (DAVID) VS. STATE
9:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
47551 BELLACERE VS. BAILEY
10:00 AM 30 min
Carson City Courtroom - Second Floor
Southern Panel (Maupin/Gibbons/Hardesty )
45394 INTER-COUNTY TITLE CO. VS. FOUNDERS TITLE CO.
10:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
47568 BREDE (JAMES) VS. STATE
11:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
The Standing Committee on Judicial Ethics and Election Practices has issued an opinion on the propriety fo allowing a local television station to videotape a trial for later posting on the television station's website for viewing by the general public. The Committee concludes that a judge may allow the taping of pretrial proceedings, the trial itself, and post-trial proceedings so long as the judge follows Nevada Supreme Court Rules 229 through 247. Rule 247 mandates that the judge ensure decorum and prevent distraction and ensure the fair administration of justice.
A former rule allowed parties and witnesses to request an order prohibiting the broadcasting, televising, or taking of motion pictures of the proceedings. That rule has been suspended.
As Nevada residents our outreach to Senator Reid is especially important. Please sign the "No Telecom Immunity" petition to Harry Reid. Details are available at Crooks and Liars. The petition is here. The text of the letter is here.
Mack news:
Detectives testify about 'to-do' list, suspect. RGJ 10/26/07
Friend describes Mack's 'weird look' coming from slaying scene. Nevada Appeal 10/25/07
'Weird, scared kind of look'L Friend testifies in Mack murder trial. LVRJ 10/26/07
Court-tv is also covering the case. The message board might be particularly interesting for those with nothing else to do on the Nevada Day holiday. The trial will resume on Monday and is generally running on an 8:30 a.m. to 2 p.m. schedule. Las Vegas Now will provide live coverage.
Other news:
Inmate seeks new hearing on his rights. Nevada Appeal 10/26/07
State appeal officer upholds Potts' firing. Nevada Appeal 10/26/07
Brothel owner's home searched. RGJ 10/26/07
Forsythe's lawyer wants state's first lady to testify. RGJ 10/26/07
Simpson's lawyer says another plea deal in works. LVRJ 10/26/07
What Lies Beneath: Alberto Gonzales' Legal Troubles May Just Be Beginning. Slate 10/25/07
Genarlow Wilson expected to be released today: Georgia Supreme Court rules his sentence was cruel and unusual. Atlanta Journal-Constitution 10/26/07 (via Talk Left). The Court's opinion is here.
Wednesday, November 7, 2007
42333 MIRCH VS. MCDONALD, CARANO & WILSON, LLP C/W 43153/45663
9:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
43153 MIRCH VS. MCDONALD, CARANO & WILSON, LLP C/W 42333/45663
9:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
45663 MIRCH VS. MCDONALD, CARANO & WILSON, LLP C/W 42333/43153
9:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
46634 HAWLEY VS. KAUFMAN C/W 46705/46706
9:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
46705 RESTROOM FACILITIES, LTD. VS. KAUFMAN C/W 46634/46706
9:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
46706 KAUFMAN VS. HLK, LLC C/W 46634/46705
9:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
43395 ABBOTT TRANSPORTATION VS. LEXINGTON INS. CO. C/W 43526
10:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
43526 LEXINGTON INS. CO. VS. ABBOTT TRANSPORTATION C/W 43395
10:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
47195 TOWNSEND (JONATHAN) VS. STATE
11:00 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
48356 IN RE: MICHAEL KELLY N., A MINOR
11:30 AM 30 min
Carson City Courtroom - Second Floor
Northern Panel (Gibbons/Cherry/Saitta )
It's another opinion-free Thursday.
Articles in the ABA Spring 2007 volume include the following:
Monitoring Death Sentencing Decisions
Mental Disability and Capital Punishment
ABA State Death Penalty Assessments
Raising the Bar in Capital Cases
The Global Debate on the Death Penalty
Staying Executions
Human Rights Hero: Anthony G. Amsterdam
Public defender changes expensive. LVRJ 10/25/07
Murder trial: Insanity defense begins (Mack): LVRJ 10/25/07
Opening words paint contrasting motives. RGJ 10/25/07
The Jury: Who made the cut? RGJ 10/25/07
County's Quillen to quit. LVRJ 10/25/07
Morrison: Change in jury selection system gathers more unqualified candidates. LVRJ 10/25/07
Super meth labs in Mexico replacing amateur labs north of border. Ely Times 10/24/07
Attorneys for Simpson co-defendants object to amended complaint by Rogers. LVRJ 10/25/07
3rd co-defendant may take plea deal in O.J. Simpson case. RGJ 10/24/07
Sect leader's attorney objects to pre-sentence interviews. Nevada Appeal 10/24/07
Texas judge draws outcry for allowing an execution. NYTimes 10/25/07
Following moratorium trend, court halts Alabama execution. NYTimes 10/25/07
Looking in on: Carson City 10/25/07
Schedule changes for Nevada Day. LVRJ 10/25/07
2007 Nevada Day schedule of events. Nevada Appeal 10/25/07
45618 LEHRER MCGOVERN BOVIS VS. BULLOCK INSULATION C/W 45860/45898
9:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
45860 LEHRER MCGOVERN BOVIS VS. BULLOCK INSULATION C/W 45618/45898
9:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
45898 VENETIAN CASINO RESORT VS. BULLOCK INSULATION, INC. C/W 45618/45860
9:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
48932 INT'L GAME TECHNOLOGY VS. DIST. CT. (MCANDREWS)
10:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
46411 IN RE: ORPHEUS TRUST
11:00 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
44812 HERNANDEZ (FERNANDO) VS. STATE (DEATH PENALTY/PC)
11:30 AM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
40232 FLANAGAN (DALE) VS. STATE (DEATH PENALTY-PC)
1:30 PM 60 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
46345 DUTCHESS BUSINESS SERVICES VS. NEV. STATE BD. OF PHARMACY
2:30 PM 30 min
Carson City Courtroom - Second Floor
En Banc (Full Court )
Judge rules against first degree: Defendant's murder plea rejected. LVRJ 10/24/07
More charges filed against O.J. Simpson. RGJ 10/24/07
Simpson co-defendants: Pair enter robby case pleas. LVRJ 10/24/07
Lawyers to begin arguing today (re: Mack case). RGJ 10/24/07
Mack jury selection advances. RGJ 10/24/07
Lawyers to make opening statements in Mack murder trial Wednesday. Nevada Appeal 10/24/07
Jailed Girls Gone Wild founder turns to online ads in legal case. Nevada Appeal 10/24/07
45 years given for 'domestic terror.' RGJ 10/24/07
$300,000 embezzlement leads to prison. LVRJ 10/24/07
College ex-Web master faces hacking charges. LVRJ 10/24/07 (the part about the goat is my personal favorite)
Is Stephen Colbert Breaking The Law? Slate 10/23/07
Ex-attorney general says Democrats were targets. LATimes 10/24/07
Editorial: Tilting the Scales of Justice. NYTimes 10/24/07
Alabama: Judge refuses to delay execution. NYTimes 10/24/07
Study offers 'Poster Child' for improved indigent defense. NY Law Journal (via NACDL) 10/23/07
Death penalty blocked again in Wendy's killing. NYTimes 10/23/07
The William S. Boyd School of Law has announced that 85% of its graduates who took the Nevada Bar Exam for the first time this summer passed. It is the highest passage rate in the 10 year history of the law school. The overall passage rate was 66%.
One more day of questions needed to choose final jurors in Mack trial RGJ 10/23/07
Despite witnesses, prosecutors might face tough task in Simpson kidnapping case. LVRJ 10/23/07
Chapel gets no love from City Council. LVRJ 10/23/07
Police training strikes nerve. LVRJ 10/23/07
Update:
Sword used in bar fight. Elko Daily 10/22/07
Getto Smith sentenced to prison. Lahontan Valley News 10/23/07
Simpson co-defendants Charles Cashmore and Walter Alexander will enter their pleas on Tuesday, October 23rd at 9 a.m. before Hearing Master Kevin Williams.
Four more potential juror have been accepted to the Mack jury pool. Seven more are needed.
All Wet: Why can't we renounce waterboarding once and for all? Slate 10/22/07
Jury questioning continues in Mack trial. RGJ 10/22/07
David Copperfield cancels shows In Southeast Asia amid FBI probe. RGJ 10/22/07
Forensic Firepower: Crime lab gives police boost. LVRJ 10/22/07
Inmate helps foil armed robbery. LVRJ 10/22/07
Morrison: It cannot be that tough to fix Nevada's campaign finance disclosure laws. LVRJ 10/22/07
From Casinos to Counterterrorism: Las Vegas Surveillance, US Security Efforts Involve Similar Tactics. Washington Post 10/22/07
New Study Suggests Veteran Advocates Sway Supreme Court. Legal Times 10/22/07
Over the weekend the Las Vegas Review Journal published an article about the federal court sentencing of David Fitch on charges of bank fraud. The defendant received a 22 year sentence based upon the court's finding, by clear and convincing evidence, that he murdered his wife. He has not been charged in any court with the murder offense. He would have faced a sentence of 41 to 51 months had Judge Mahan not considered the murder allegation. Another twist involves his defense attorney's claim that the murder was considered by another federal judge at a previous sentencing hearing and that this case stemmed from the same scheme of conduct. Fitch was represented in district court by attorney Lisa Rasumussen.
This matter is the subject of a post and comments at Sentencing Law and Policy.
The Administrative Office of the Courts has released its Report of Murder and Voluntary Manslaughter for Calendar Years 2005 and 2006. The 44 page report, for which 16 of 17 counties reported, provides statistics concerning murder and many manslaughter cases. Among the findings:
In 2005, 10 of 16 counties did not have any murder or voluntary manslaughter cases.
In 2006, 8 of 16 counties did not have any murder of voluntary manslaughter cases.
In 2005, there were 98 cases statewide.
In 2006, there were 122 cases statewide.
In 2005, Clark County had 87% of the murder and voluntary manslaughter cases. Washoe County had 5%.
In 2006, Clark County had 85% of the murder and voluntary manslaughter cases. Washoe County had 8%.
In 2005, the average age of defendants was 28 years, with a median age of 24 years.
In 2006, the average age of defendants was 30 years, with a median age of 27 years.
In both 2005 and 2006, 85% of the defendants were males.
In 2005, 29% of the defendants were black, 32% were white, and 30% were Latino.
In 2006, 33% of the defendants were black, 34% were white, and 21% were Latino.
In 2005 and 2006, 70% of victims were males.
In 2005 and 2006, the average of victims was 32 years and the median age was 30 years.
In 2005, 24% of the victims were black, 36% were white, and 33% were Latino.
In 2006, 18% of the victims were black, 31% were white and 27% were Latino.
In 2005, the average time lapsed between the date of homicde & the date of filing the indictment was 221 days. The range was 1 day to 8,160 days (more than 22 years).
In 2006, the average time lapsed between the date of homicide & the date of the filing of the indictment was 270 days. The range was 1 day to 11,645 days (more than 31 years).
In 2005, the death penalty was sought in 16 of 113 cases, which is 14%.
In 2006, the death penalty was sought in 17 of 141 cases, which is 12%.
In 2005, 22 (19%) of the cases were tried before a jury, 46 (41%) were disposed of by dismissal, plea or other disposition. The remaining cases did not have a disposition.
In 2006, 8 (6%) of the cases were tried before a jury, 36 (25%) were disposed of by dismissal, plea or other disposition. The remaining cases did not have a disposition.
The report includes other statistics for 2005 and 2006 and also includes updated information for 2003 and 2004.
Sunday update:
Neff: Judicial races and partisanship. LVRJ 10/21/07
Goodman summoned ministers because "i'm the mayor." LVRJ 10/21/07
Psychiatric jobs vacat: Holes about in mental health care. LVRJ 10/21/07
Evidence results in 22 years in prison. LVRJ 10/21/07
Former Douglas County sheriff's deputy enters plea in DUI. Nevada Appeal 10/20/07
The Subpoena Weenie: An Overreaching Arizona Prosecution Jails a Pair of Newmen. Slate 10/19/07
-------------------------------
After 14 years wrongly served, he sues those who put him behind bars. LVSun 10/20/07
Execution delays encourage opposition. RGJ 10/20/07
Drowning case defendant dies. LVRJ 10/20/07
In Brief. LVRJ 10/20/07
David Copperfield denies rape allegations. LVRJ 10/20/07
Mack jury selection nears end of candidates. RGJ 10/20/07
what: Florence McClure Women's Correctional Center aka The Women's Prison
where: Smiley Road in North Las Vegas
overall: B-
food: No idea.
We forgot to bring quarters and there was no change machine in the lobby, unlike several of the men's prisons. It appeared that there were a couple of vending machines: far less than the men's prisons.
atmosphere: C
The only colorful artwork was in the kids' playroom. The visiting area had plain walls with boring paint. There were no attorney visiting rooms. On the upside, it did not have any bad odors.
service: B
The reception desk staff was a wee bit on the grumpy/rude side. The visiting room staff was polite and professional. They were very efficient in promptly bringing the client to the visiting room. The check-in search was oddly invasive and incomplete at the same time. We were required to show our empty pockets and they inspected for the presence of gum and mints in our mouths, but they did not look in our shoes, require a bra shake-out or do a pat down. This is the only prison in which I have had my legal paperwork taken from me and removed from my eyesight for more than a few seconds.
pluses: The prison is in the Las Vegas valley and the 20 minute commute from the office was sweet compared the all day journeys required to reach most facilities. The front desk and visiting room are in the same building, so no outside walking in extreme weather is required.
minuses: I really, really hate the fact that there is no attorney visiting room. Parking was limited. The name of the facility is long and doesn't follow the general scheme of naming prisons after the city/town or geographic area in which they are located.
High court rejects killer's appeal that judge was biased . LVRJ 10/19/07
Jury selection continues in Mack murder trial. LVRJ 10/19/07
Warehouse raid: FBI Investigating Copperfield. LVRJ 10/19/07
Editorial: Finally behind bars. LVRJ 10/19/07
Senators Clash With Nominee About Torture. NYTimes 10/19/07
Media executives arrested in Phoenix. NYTimes 10/19/07
Supreme Court Memo: Trying to Decipher the State of the Death Penalty. Linda Greehouse, NYTimes 10/19/07
Update:
Longtime Rebel Alex Kozinski Prepares to Lead the 9th Circuit. National Law Journal 10/19/07
Young law school grad skips the bars and tries to pass the bar instead. LATimes 10/19/07
Looking in on: Carson City (re: Bockting decision by 9th Circuit and budge cuts). LVSun 10/19/07
Editorial: Serving the public. Night court could be a good way to help people in the court system, as well as save space. LVSun 10/18/07
FBI Raids Magician David Copperfield's Warehouse [in Las Vegas]. People 10/18/07
Man loses Nevada appeal after second murder conviction. Nevada Appeal 10/18/07
Jury selection creeps forward in Reno murder case. Nevada Appeal 10/18/07
The next opinion release date for Nevada Supreme Court opinions is October 25.
5 added to Mack juror panel. RGJ 10/18/07
More jurors screened for Mack trail. LVRJ 10/18/07
DA to seek death for Time Sena. Ely Times 10/17/07
County's per-capita number of sex offenders higher than other Nevada communities. Lahontan Valley News 10/18/07
Two arrested in dry-ice bombing. Elko Daily 10/17/07
Editorial - As We See It: "What's the hurry? Where's the fire?" Ely News 10/17/07
Co-defendant says OJ wanted guns at Vegas meet. AP 10/17/07
Nevada gets 'F' for campaign finance disclosure. Nevada Appeal 10/18/07
$100,000 bail set for DUI suspect. Nevada Appeal 10/17/07
Morrison: Add another one to list of most moronic nabbed in routine traffic stop. LVRJ 10/18/07
A nuisance no more. LVRJ 10/18/07
Garden of love chapel feud: Chapel's woes are growing. LVRJ 10/18/07
Judge orders TV reporter to do story or face contempt. Denver Post 10/17/07 (re: Warren Jeffs trial) (via Talk Left)
Murder trial halted over lack of money. CNN.com 10/17/07
Nichols jury selection halted, jurors sent home. Atlanta Journal Constitution 10/17/07
The United States Supreme Court blocked an execution scheduled for tonight in a case involving the constitutionality of lethal injection. The order came in the Virginia case of Christopher Emmett. The AP writes: Court Stops Va. Execution.
Nevada Republican Party Executive Director Zac Moyle was arrested this weekend and remains incarcerated in the Nye County Jail. It appears that there were two warrants for his arrest based upon failure to pay speeding tickets in Fernley.
New Media Shield Law Covers Bloggers, Too. RGJ 10/17/07
The Darren Mack Blog by Martha Bellisle notes that the court has accepted four more prospective juors for the panel, bringing the total to 14.
Court Stays Execution in Nevada. NYTimes 10/17/07
Lifers as Teenagers, Now Seeking a Second Chance. NYTimes 10/17/07
Liveblogging the Michael Mukasey Confirmation Hearings. Above the Law 10/17/07
Restoring morale a crucial test for Mukasey. LATimes 10/17/07
Mukasey Disavows Torture Memo. Washington Post 10/17/07
Court logjam forces felony dismissals. LATimes 10/17/07
Ga. high court says execution can proceed Friday. Atlanta Journal Constitution 10/16/07
House extends federal shield law for reporters. LATimes 10/17/07
Scalia opines on faith and justice: "There is no such thing as a 'Catholic judge,'" the jurist declared. The Philadelphia Inquirer 10/17/07 (via How Appealing)
Notable Scotus order on lethal injection. Capital Defense Weekly 10/16/07
The Dog Ate My Evidence: What happens when the Government can't re-create the case against you. Dahlia Lithwick, Slate 10/16/07
Brooklyn Law School presents a series of articles on Crawford in its symposium issue of the Journal of Law and Policy.
Nine potential jurors advance past initial round. LVRJ 10/17/07
Drive-by shooting: man gets 40 years for role in slaying. LVRJ 10/17/07
30 month sentence: Kenny reports to prison. LVRJ 10/17/07
County seeks way to keep courts afloat. LVRJ 10/17/07
House OKs Free Flow of Information Act, 398-21. LVRJ 10/17/07
Tasers drop the perp., get the facts. LVSun 10/17/07
Q&A: Nancy Hart. LVSun 10/17/07
Editorial: Reviewing lethal injection. LVSun 10/17/07
The State Bar has posted its unofficial list of persons passing the July 2007 bar exam. The pass rate was 66%, which is the identical to the July 2006 pass rate. 480 people took the exam and 320 passed. Congratulations to the new admittees. Admission ceremonies are scheduled for October 31st in Reno and November 2nd in Las Vegas.
The Nevada Supreme Court has posted additional materials concerning the ACLU of Nevada's request to stay all executions:
Response to Petition, filed by the AG's office on behalf of Howard Skolnik, Director of the Nevada Separtment of Corrections, filed 10/15/07
Order Denying Motion for Leave to Appear as Amicus or Intervene, filed on 10/16/07
Oral Argument Audio File - October 2007 (scroll to the bottom of the list)
For those interested in reading more on lethal injection:
Lethal Injection Web-Based Clearinghouse - UoC, Berkeley School of Law - Boalt Hall
Baze v. Rees analysis on ScotusWiki, including links to briefs.
Lethal injection readings. Sentencing Law and Policy
The Las Vegas Sun reports that the Clark County Commission will consider a courthouse makeover today as part of a proposed $142 million allocation for one-time capital projects. The courthouse plan would cost $14.7 million if approved and would involve renovations to make room for six new District Court judges.
The article notes that the County has not considered an alternative plan of expanding the courthouse hours to include nights and weekends. This option could be especially viable in Family Court, which is to receive five of the six new judges. Commissioner Chris Giunchigliani has urged court administrators to consider this alternative, but does not believe that they have taken the idea seriously. Assistant County Manager Liz Quillen said the county and court officals have started to gather information on other jurisdictions, but have not had the opportunity to determine whether night court makes sense. Quillen also opined that the private bar would not do it.
Personally, I think there are a number of attorneys who would consider working the evening shift - both as a means of acquiring clients who don't want to miss work for daytime court appearances and as a means of either handling their own family circumstances or work time preferences. Also, as for the Family Court judges - a large number of divorces are handled by parties without attorneys. Night court could be an excellent option for these litigants.
The article makes no mention of the option of moving the Marriage Licensing division of the Clerk's Office to another location. This would permit judges to remain at the Regional Justice Center rather than other downtown buildings and would also help with traffic and nuisance problems created by wedding chapels.
A Reprieve in Nevada Adds to Lethal-Injection Drama. Washington Post 10/16/07
State's high court stays execution of Castillo. LVRJ 10/16/07
Execution called off. Nevada Appeal 10/16/07
Inmate 'disappointed' execution called off. RGJ 10/16/07
Jury selection slow going in relocated Mack trial. LVRJ 10/16/07
Mack jury selection moves slowly. RGJ 10/16/07
Simpson players appear in court. LVRJ 10/16/07
2 co-defendants agree to testify against O.J. Simpson. Nevada Appeal 10/15/07
The Nevada Supreme has stayed all executions, including the execution of William Castillo and has ordered briefing and additional argument on the issues presented concerning lethal injection protocols. The order is unanimous. The Reno Gazette Journal provides additional details.
The ACLU of Nevada, Mario De La Rosa, and Ahora Newspaper have filed an Emergency Petition for a Writ of Mandamus, or in the alternative a Writ of Prohibition, Enjoining All Executions, including the Execution Scheduled for 8:30 p.m. Today, Oct. 15, 2007. The petitioners' summarize their petition: "The impetus for this action is the Supreme Court of the United State's grant of certiorari in Baze v. Rees, No. 07-5439, to decide whether a lethal injection protocol used by the State of Kentucky, which utilizes the very same three druges used in Nevada, would violate the cruel and unusual punishment clause of the Eighth Amendment, and whether Nevada's mandatory administration of pancuronium bromide, a muscle relexant, in a dosage the Director now plans to double, creates a chemical veil that violates the First Amendment right of the press to accurately report on the effects of lethal injection."
The appendix is available here.
Pedro Rodriguez, who is a capital defendant, and the Nevada Coalition Against The Death Penalty have asked for leave to appear as Amicus Curae or Intervenor and have asked for an Emergency Motion for Stay of Execution of Death Sentences.
The Nevada Supreme Court has scheduled at emergency hearing on the petition for today at 4:00 p.m. It will be video-conferenced to the Supreme Court Courtroom on the 17th Floor of the Regional Justice Center in Las Vegas.
He says he's ready; will he die tonight? LVSun 10/15/07
Nevada convict declines appeals, heads to execution. Sparks Tribune/Ap 10/15/07
Court begins to cull jurors. LVRJ 10/15/07
Search for jury to start today. RGJ 10/15/07
Co-defendant to plead, testify against OJ. RGJ 10/15/07
Low-Level Felony: Laborer accepts plea deal. LVRJ 10/13/07
Frederick, Opinion: From damsels to polygamists (re: Rick Wright), LVRJ 10/14/07
The United States Supreme Court granted certiorari this morning In Cuellar v. United States. Scotusblog provides links to the Petition, Opposition, Reply and the amicus brief filed by NACDL. The question presented is whether merely hiding funds with no design to create the appearance of legitimate wealth is sufficient to support a money laundering conviction.
I'm off to a computer-free weekend in Chicago, so Harmful Error will be dark until Monday.
Smith: It shouldn't be this hard to set an impartial drug case jury. LVRJ 10/12/07
Groups lobby board to halt man's execution. LVRJ 10/12/07
Nevada has long history of inflicting capital punishment. Nevada Appeal 10/12/07
Jurors from Jeffs trial tell of annoying calls. LVRJ 10/12/07
Amnesty just the ticket for hundreds. LVRJ 10/12/07
Nevada Supreme Court: Tabish, Murphy appeals argued. LVRJ 10/12/07
State Supreme Court revives disabled former inmate's case. LVRJ 10/12/07
Bodybuilder facing trial: Ruling backs Ryan on lawyer choice. LVRJ 10/12/07
In Ryan v. District Court, the Nevada Supreme Court, in a 6-1 decision authored by Justice Douglas, grants in part an original petition for a writ of mandamus challenging a district court's order denying the petitioner's motion to substitute counsel.
The Petitioner, Kelly Ryan, and her husband Craig Titus have been charged with first degree murder for the killing of their roommate. Ryan seeks to have attorney Michael Cristalli represent her at trial. His law partner, Marc Saggese, already represents Titus. The district Court refused Ryan's request to have Cristalli substituted for her current counsel, Greg Denue. Upon Ryan's pretial petition for a writ of mandamus, the Nevada Supreme Court rules that "a court must honor a criminal defendant's voluntary, knowing and intelligent waiver of conflict-free representation so long as the conflicted representation will not interfere with the administration of justice. We also conclude that for a waiver of conflict-free representation to be effective, the defendant must also specifically waive the right to a mistrial as a result of her attorney's potential or actual conflict of interest depriving her of her right to effective assistance of counsel arising from the dual representation. Finally, we conclude that before engaging in dual representation, the attorney must advise the criminal defendant of her right to consult with independent counsel to review the potential conflicts of interest posed by the dual representation. If the defendant chooses not to seek independent counsel, then the defendant must expressly waive her right to do so before the defendant's waiver of conflict-free representation can be valid."
Chief Justice Maupin dissented. He agreed with the majority's legal standard for dual representation issues, but did not find that the district court abused its discertion here under those standards.
The Nevada Supreme Court issued 6 opinions today. Five concern civil cases:
D.R. Horton v. District Court - granting in part an original petition for a writ of prohibition and mandamus challenging a district court order denying a motion for declaratory relief during the pre-litigation stage of a construction defect action.
Martinez v. Maruszczak - reversing an order granting a declaratory judgment in a medical malpractice case involving an issue of sovereign immunity for publicly employed physicians.
Arnold v. Kip - affirming an order dismissing a medical malpractice action in a case involving whether a defendant must demonstrate prejudice in a motion to dismiss an action under NRCP 16.1(2)(2) for the plaintiffs' failure to timely file a case conference report.
Leven v. Frey - reversing an order denying a party's motion to declare an expired judgment void due to improper renewal and remanding with instructions.
In the last civil case, Butler v. Bayer, the Court considers issues of the duty of prison officials to protect incarcerated persons from attacks by other prisoners, the duty of care owed by prison officials when releasing physically and mentally disabled inmates, and the extent to which the Department of Correction, as a state actor, is entitled to discretionary-act immunity in which matters under NRS 41.032(2). The Court provides this summary of its holdings:
"With respect to the duty of prison officials to protect inmates from attacks by other inmates, we adopt the approach taken by the Restatement (Second) of Torts, which defines the duty as one of reasonable care to prevent intentional harm or to avoid an unreasonable risk of harm, when such harm is foreseeable. Harm is foreseeable when prison officials actually know that an inmate is at risk, that the attacking inmate is dangerous, or when prison officials otherwise have reason to anticipate the attack. In this case, as the appellant never informed prison officials that he was afraid for his personal safety, and officials were not otherwise "on notice" of an imminent attack, prison officials had no specific duty to protect the appellant from the unforeseeable attack that occurred. Consequently, summary judgment was appropriate on the appellant's claims related to the direct attack.
Regarding the duty of care when prison officials release disabled inmates, we conclude that general negligence standards apply, so that prison officials have a duty to exercise reasonable care to avoid foreseeable harm in releasing a disabled inmate. We further conclude that the action of releasing inmates does not require consideration of social, economic, or political policy, indicating that prison officials are not entitled to discretionary-act immunity for their actions. Here, because the manner in which prison officials released the appellant, a disabled inmate, could lead a jury to reasonably find that some of appellant's injuries were a foreseeable result of the manner in which he was released, summary judgment on the appellant's claims related to his release was improper."
The Clark County Public Defender's Office will host a CLE at noon today at its office, 309 South Third Street 4th Floor, on the nuts and bolts of DNA. Pizza will be provided.
The CLE previously scheduled for this Friday on AB 510 will be rescheduled.
A CLE course on Addiction will take place at the PD's Office on Tuesday, October 23rd from 1:30 pm to 3:00 p.m.
The Nevada Supreme Court will hear oral argument today in several criminal cases:
9:00 a.m. - Ramos v. State - I do not know the issues presented in this case
10:30 a.m. - Vontobel v. State - This is an appeal in a case with a conviction for sexual assault. The primary issue involves the fact that during deliberations one of the jurors discussed the case with a police officer neighbor. Defense counsel requested a full hearing but was granted only a limited inquiry into the issue.
11:00 a.m. - Murphy v. State - I do not know the issues presented in this case
11:30 a.m. - Tabish v. State - I do not know the issues presented in this case
I remain hopeful that someday in the future the Nevada Supreme Court will post electronic copies of the briefs on its website so that we can know the issues that the Court is considering.
The US Supreme Court heard oral argument in Medellin v. Texas yesterday. The Court took the very rare action of allowing the one-hour argument to run on for an additional 20 minutes. A transcript of the argument is available here. Scotusblog provides its analysis of the argument in Analysis: How to say no to the President? A brief excerpt:
"With cross-currents of constitutional and international law flowing freely, what appeared to be a majority of the Justices looked askance at a Presidential memo in February 2005, directing nine U.S. states to give 51 Mexican nationals convicted of crimes in those states a new chance to test their rights under an international treaty, the Vienna Convention on Consular Relations. What was troubling those Justices the most, it seemed, was that the President had sought to make binding a ruling by the World Court that would otherwise not have controlling effect on states' ciminal procedures. That was worrisome for two reasons: it might intrude on the Court’s role to say what the legal meaning and effect of treaties is, and it might empower the World Court, in effect, to dictate the substance of American law."
How Appealing provides links to newspaper articles about the case, including Linda Greenhouse's article in the New York Times, Case of Texas Murder Engrosses Supreme Court.
Dahlia Lithwick provides her analysis of the argument in Texas Holds Him: Leave it to Texas to put a stop to executive overreaching. Slate 10/10/07 My favorite lines: "But really, the best part of Medellin is that if you are a casual spectator attempting to pick out the "good guys," here's your choice: the state of Texas and its relentless quest to execute its people without regard to moral, international, or legal norms, versus the Bush administration and its claim to broad new executive authority to boss around state judges. It's like having to choose between being clawed to ribbons by a grizzly bear or gnawed to death by a killer whale."
Man faces execution by injection on Monday. LVRJ 10/11/07
Judge recuses himself from former Clark County lawmaker's case. Nevada Appeal 10/10/07
Judge faces the music in Boggs' felony case. LVRJ 10/11/07
New hearing slated for Ybarra. Ely Times 10/10/07
AG's office won't seek death penalty for ESP inmate. Ely Times 10/10/07
Gonzales hires a top gun. MSNBC 10/10/07
The United States Attorneys Scandal Comes to Mississippi. NYTimes 10/11/07
Judge is under fire after execution. San Antonio Express News 10/11/07 (via How Appealing)
Audio files from today's oral arguments are now available on the Nevada Supreme Court's website. The cases include the following:
Pollard v. State
Somee v. State
Guaydacan v. State
Details about the cases are set forth below.
The Ninth Circuit issued a great opinion today in Parle v. Runnels. It is an appeal from an order of a federal district court granting a petition for a writ of habeas corpus concerning a state court judgment of conviction. The issue presented is whether the California state court's decision affirming the defendant's murder conviction was an unreasonable application of clearly established federal law. The California courts found numerous errors but concluded that those errors did not result in a "serious flaw" in the defendant's trial. Ultimately, the federal district court concluded that the erroneous evidentiary rulings infected the trial with such unfairness that it rose to the level of a due-process violation. The Ninth Circuit affirmed the district court's habeas grant and ruled that the defendant was entitled to a new trial.
"The Supreme Court has clearly established that the combined effect of multiple trial errors violates due process where it renders the resulting criminal trial fundamentally unfair. Chambers v. Mississippi, 410 U.S. 284 (1973)" Parle, __ F.3d at __ (also citing Montana v. Egelhoff, 518 U.S. 37, 53 (1996)). "The cumulative effect of multiple errors can violate due process even where no single error rises to the level of a constitutional violation or would independently warrant reversal." Id. (citing Chambers, 410 U.S. at 290 n.3). "[W]here the combined effect of individually harmless errors renders a criminal defense 'far less persuasive than it might [otherwise have been,' the resulting conviction violates due process." Id. at __ (quoting Chambers, 410 U.S. at 294, 302, 303) (alteration in Parle).
Other nice quotes from the opinion include the following:
"Where a trial court commits an evidentiary error, the error is not necessarily rendered harmless by the fact there was other, cumulative evidence properly admitted." Id. at __ (citing Krulewitch v. United States, 336 U.S. 440 (1949) (holding that, in a close case, erroneously admitted evidence -- even if cumulative of other evidence -- can 'tip the scales' against the defendant) and Hawkins v. United States, 358 U.S. 74, 80 (1954)(concluding that erroneously admitted evidence, 'though in part cumulative,' may have 'tipped the scales against the petitioner on the close and vital issue of his state of mind").
The opinion is well worth reading and should be cited as supporting a federal constitutional due process claim, along with the US Supreme Court cases that were cited in the opinion, in support of state court issues of cumulative error.
The American Bar Association has released its Pennsylvania Death Penalty Assessment Report. Capital Defense Weekly provides a summary and links to articles about the report.
Wrongly imprisoned man freed in Texas. Houston Chronicle 10/9/07 (via Talk Left)
Supreme Court refuses to hear torture appeal. NYTimes 10/10/07
The Southern Panel (Justices Hardesty, Parraguirre and Douglas) of the Nevada Supreme Court will hear oral argument in four criminal casaes this morning:
Pollard v. State (with Chief Justice Maupin sitting in place of Justice Douglas) - The defendant was convicted of second degree murder with use of a deadly weapon. I do not know the issues presented.
Brooks v. State - This is a robbery case which presents an issue concerning an unreliable eyewitness identification and district court ruling prohibiting defense counsel from cross-examination on the issue.
Somee v. State - This is a in which a juvenile defendant was convicted of four counts of attempt murder with use of a deadly weapon and gange enhancement, discharging a firearm into a structure with intent to promote a gang and two counts of carrying a concealed weapon. Issues presented include whether the district court erred in allowing a witness to identify the defendant despite suggestive and unreliable identification procedures; whether evidence should be suppressed because of Fourth Amendment violations; and whether problems during jury selection mandate a new trial.
Guaydacan v. State - This is a first degree murder case which presents issues concerning the district court's exclusion of expert testimony supporting the defense theory that the gun used in the offense was prone to accidential discharges; the district court's refusal to instruct the jury on lesser offenses and refusal to answer questions from the jurors during deliberations; the district court's failure to strike testimony from a police officer about statements that were not disclosed to defense counsel and which were in violation of Miranda; and several other issues.
The Nevada Supreme Court has posted audio files of yesterday's oral arguments in the following cases:
Buzz Stew LLC v. City of North Las Vegas (civil case)
Sun & Kwon v. State (truth as a defense to libel element of extortion, right to present a defense)
Pattison v. State (admissibility of statements made at Lake's Crossing). fyi - Former Justice Becker presented argument on behalf of the State in this appeal. It is believed that this is her first appearance before the Court as an attorney.
Clark County DA v. District Court (family court issue re: federal $ and child placement)
Appeal heard in extortion of Dion, Angelil . LVRJ 10/10/07
Nevada high court hears appeal in Rene Angelil extortion case. Nevada Appeal 10/10/07
Gang suspects arrested, face deportation. LVRJ 10/10/07
Supreme Court rejects high roller lawsuit. LVRJ 10/10/07
Editorial: sealed civil lawsuits. LVRJ 10/10/07
Court precedent could trail foul ball. LVSun 10/10/07
Las Vegas police close street to investigate suspicious package. Nevada Appeal 10/10/07
ACLU-Nevada criticizes plan to move ahead with Monday execution. Nevada Appeal 10/10/07
Fallon jury acquits sex offender after new trial. Nevada Appeal 10/10/07
The Nevada Supreme Court will hear oral arugment this afternoon at 1:30 pm in the case of Pattison v. State. The case presents the issue of whether the trial court erred when it allowed staff from Lake's Crossing (a mental health facility where defendants are sent for competency concerns) to testify regarding infomration gained during evaluations at Lake's Crossing. The second issue presented concerns whether there is sufficient evidence to support the finding of first degree murder.
The Court is sitting en banc in Las Vegas.
There are also two arguments this afternoon, at 2:00 and 2:30, captioned "Clark County District Attorney v. District Court." I do not know the issues presented by these appeals, but I will post more about these cases after the oral arguments are posted to the Court's website.
The Nevada Supreme Court will hear oral argument at 11:30 a.m. in the cases of Sung v. State and Kwon v. State. The case originated with an arrest of the defendants at local criminal defense attorney David Chesnoff's office based upon a claim of extortion. Chesnoff's office was used by LA Attorney Martin Singer for a supposed settlement conference between Singer's client Rene Angelil and Kwon and Sung, who were also represented by counsel. Several of the issues presented on appeal concern Singer's testimony during trial. Transcripts of that testimony are available here, in part 1 and part 2. Other issues concern whether the district court erred in prohibiting the defendants from calling Angelil as a witness and in refusing to instruct the jury that the State was required to prove the falsity of the allegations in order to establish the libel element of the extortion offense.
The argument will be heard by the Court, sitting en banc, in Las Vegas.
A podcast of the argument should be available this afternoon.
Certiorari petitions filed with the United States Supreme Court by Donte Johnson and Marlo Thomas remain pending before the Court. The petitions were first distributed for conference on September 24, 2007. Another conference was held last week. Both cases present the issue of whether the Nevada Supreme Court was wrong in its 4-3 decision finding that the Confrontation Clause does not apply to capital penalty hearings. The cases also present an issue concerning whether a justice may hear and rule on a case if she is negotiating for employment with the prosecuting attorney's office that is counsel on the case. Several other cases from federal and state courts also present the first issue to the Court. It is believed that the second issue is unique.
This week's order list is available here, with thanks to Scotusblog. There were no grants of certiorari this week.
On Wednesday, the United States Supreme Court will hear argument in Medellin v. Texas. Counsel for the petitioner describes the case as follows:
"On April 30, 2007, the Supreme Court granted a petition for certiorari that Debevoise filed on behalf of Jose Medellin, a national of Mexico on death row in Texas. Mr. Medellin's case before the Supreme Court comes in the wake of President Bush's February 2005 determination that state courts would provide the review and reconsideration ordered by the International Court of Justice in Avena and Other Mexican Nationals, which held that Mr. Medellin's rights and those of 50 other Mexican nationals under the Vienna Convention on Consular Relations were violated by the United States when they were tried and sentenced to death without being provided notice of their right to consular assistance. Shortly after its representation of Mexico in Avena, Debevoise obtained Supreme Court review of Mr. Medellin's case on December 10, 2004, on the question of whether, under the Supremacy Clause of the Constitution, United States courts must give effect to the Avena judgment. In April 2005, however, the Supreme Court declined, after hearing oral argument, to decide whether the Avena judgment was enforceable in United States courts since President Bush had determined that state courts would provide the required review and reconsideration. The Supreme Court's decision explicitly contemplated, however, that Mr. Medellin would have an opportunity to return to the Supreme Court to seek review of the state court's treatment of his petition.
In September 2005, the Texas Court of Criminal Appeals heard argument on whether Texas must give effect to the Avena judgment and the President's determination. On November 15, 2006, the Texas court denied relief, expressly holding that the President of the United States has no authority to enforce the undisputed treaty obligation of the United States to abide by the Avena judgment in the cases of the Mexican nationals addressed in that judgment. The Supreme Court has now agreed to review the Texas court's judgment."
The law firm provides links to all of the briefs in the case at the above link. Scotuswiki also provides an analysis of the issues presented and will provide a link to the transcript of oral argument tomorrow afternoon.
Condemned Nevada inmate faces Oct. 15 execution. Nevada Appeal 10/9/07
High court asked to review policy on sealed cases. LVRJ 10/9/07
Wearing GPS, sex offenders light up map. LVSun 10/8/07
The federal courts are closed today for Columbus Day. Tomorrow the US Supreme Court will hear argument in Watson v. United States. The case presents the issue of whether receipt of an unloaded firearm as payment for drugs constitutes "use" of a firearm during and in relation to a drug offense.
Scotusblog's ScotusWiki for the case provides more details and links to the briefs.
The case concerns an interpretation of a federal statute, so there does not appear to be any direct concerns as to Nevada state laws which may touch on this issue. I could not locate any Nevada Supreme Court decisions touching on this topic.
Simpson case snares hodgepodge cast of suspects, victims. Nevada Appeal 10/6/07
With Him or Against Him: The Black-and-White World of Clarence Thomas Has Nothing To Do With Race. Dahlia Lithwick Slate 10/5/07
Going to Court, but Not in Time to Live. Adam Liptak NYTimes 10/8/07
Race Gap: Crime vs. Punishment. NYTimes 10/7/07
I Did It. Maureen Dowd NYTimes 10/7/07
'State secrets' case may get airing. LATimes 10/8/07
Venue change from Reno to Vegas costly, historic. LVRJ 10/5/07
Police K-9 sniffs out $325,000. Elko Daily 10/5/07
Fire Department Drug Thefts: Public defender assigned. LVRJ 10/6/07
Editorial: Prison labor. LVRJ 10/6/07
Judge sticks to Nov. 8 Simpson hearing date. LVRJ 10/5/07
Judge decides to move Mack trial to Las Vegas. LVRJ 10/5/07
Judge moves Mack case to Las Vegas. RGJ 10/4/07
Fire chief defends handling of suspect in narcotics theft. LVRJ 10/5/07
Stopping the cycle: Domestic violence spotlighted. LVRJ 10/5/07
Ex-husband charged with rape released from jail. Nevada Appeal 10/4/07
The first-degree murder trial of Darren Mack, who is charged with first-degree murder for killing his wife and attempt murder for the shooting of his divorce judge, will take place in Las Vegas rather than Reno. After 3 days of jury selection, Judge Herndon granted the defense motion for a change of venue based upon the inability to find enough impartial jurors in Reno.
with no apparent application to criminal cases. In Clark County School Dist. v. Richardson Constr., the Court (Chief Justice Maupon and Justices Gibbons and Hardesty) find that NRS 41.035 limits tort damages to a political subdivision to $50,000, even if the political subdivision does not mention the statutory cap as an affirmative defense in its answer. The Court also addresses the "catchall" provision for pleading affirmative defenses and the proper scope of sanctions for discovery abuses.
Secret U.S. endorsement of severe interrogations. NYTimes 10/4/07
ACLU goes to Supreme Court over wiretaps. NYTimes 10/4/07
Democrats won't block hearing for Gonzales successor. NYTimes 10/4/07
More on JEC hearing on mass incarceration. Sentencing Law and Policy 10/4/07 (with links to materials concerning Congress's Joint Economic Committee's hearings on prison populations and the crisis created by over-impisonment)
Justice Scalia Joins 24. Slate (video) written by Dahlia Lithwick (highly recommend)
Chief federal judge blames threats against court on tax trials. Nevada Appeal 10/3/07
Marshals lag in security efforts, report says. LVRJ 10/4/07
Complaint against judge dismissed. LVRJ 10/4/07
Judge to rule Thurs on moving Mack trial from Reno. Nevada Appeal 10/3/07
Judge may move Mack trial elsewhere. RGJ 10/3/07
Murder and mutilation trial. Dozier gets death penalty in slaying. LVRJ 10/4/07
Sentencing for Davidson delayed. LVRJ 10/4/07
Drug thefts: arrest aborted in July. LVRJ 10/4/07
Boggs hires Simpson's lawyer. LVRJ 10/4/07
City offers moritorium on warrants. LVRJ 10/4/07
August arrest: Former commissioner's son indicted. LVRJ 10/4/07
Jail guard arrested on felony counts. LVRJ 10/4/07
Run-On Sentencing: The Supreme Court takes another crack at the sentencing mess. Dahlia Lithwick, Slate 10/2/07
In the bedroom: A First Monday heavy with rumor and gossip. Slate 10/1/07
Texas ruling signals indefinite halt to executions. NYTimes 10/2/07
Judge accused of spanking inmates resigns. WKRG news 10/2/07
Judge rules Bush can't block presidential records. AP 10/1/07
Ted Koppel explores the crisis presented by overcrowding of California's prisons in Breaking Point, which premieres Sunday, October 7. (Via Sentencing Law & Policy)
Panel is told of mess over eavesdropping. NYTimes 10/3/07
Prison labor urged. LVRJ 10/3/07
Jury selection continues for Mack murder trial. LVRJ 10/3/07
Six more possible jurors selected. RGJ 10/3/07
Inquest ordinance draws fire. LVRJ 10/3/07
Day 2 of Mack jury selection underway. RGJ 10/2/07
Jury selection under way in Reno courthouse shooting case. RGJ 10/1/07
Judge rejects change of venue. LVRJ 10/2/07
Hearing set in O.J. Simpson case. LVRJ 10/2/07
Who gets to ask questions after deaths? LVSun 10/2/07
Nev. prosecutor gets 4 more months. RGJ 10/2/07
Myhre to continue in interim post. LVRJ 10/2/07
Man pleads guilty, mentally ill to fatal drive on Las Vegas Strip. Nevada Appeal 10/1/07
Burglaries: firefighter faces charges. LVRJ 10/2/07
Local law enforcement says gang activity mostly limited to tagging. Lahontan Valley News. 10/2/07
Graffiti Vandals Walk: New law requires suspension of driver's license. Elko Daily 10/2/07
Reno doctor faces trial next month. RGJ 10/2/07
The United States Supreme Court will hear oral arguments today in Gall v. United States and Kimbrough v. United States. Kimbrough concerns the disparate penalties for crack and powder cocaine. Gall concerns the circumstances under which a federal judge can sentence below the federal sentencing guidelines. More information is available from Talk Left, Sentencing Law and Policy, and Scotusblog and scotusblog wiki.
** Scotusblog has been crazy slow for me this morning. It may be better to try this afternoon.
The OJ Simpson preliminary hearing has been scheduled for November 8 and 9. JP Joe Bonaventure Jr. will preside over the hearing.
Jury selection under way in Reno courthouse shooting case. Nevada Appeal 10/1/07
Mack jury selection under way, 5 dismissed. RGJ 10/1/07
Jailhouse Snitch Testimony: A Policy Review. From the introduction: "A 2005 report by the Center on Wrongful Convictions at Northwestern University School of Law found that snitch-dependent prosecutions are a leading cause of wrongful convictions in capital cases. In fact, a survey of all cases involving individuals later exonerated by DNA testing showed that in over fifteen percent of cases, a jailhouse snitch testified against the defendant. . . . In the face of serious concerns about the unreliability of jailhouse snitches and the miscarriages of justice they cause, there are measures that states can implement to help ensure that the use of cooperating witness testimony does not undermine fairness and accuracy in criminal trials. . . ." The 27 pages report provides background information and information about its recommendations.
2 Tue Panel Conference
4 Thu Opinion Release
9 Tue En Banc Argument - Las Vegas
9 Tue Public Administrative Meeting - Las Vegas
10 Wed Panel Argument
11 Thu Opinion Release
11 Thu Panel Argument
11 Thu Panel Conference
12 Fri Panel Argument
12 Fri Judicial Council Meeting
18 Thu Opinion Release
25 Thu Opinion Release
25 Thu Panel Conference
26 Fri Court Holiday
31 Wed Bar Admissions Ceremony
31 Wed En Banc Conference
Courtroom to be full as Mack jury selection starts. RGJ 10/1/07
The Reno Gazette Journal provides profiles on those involved in the Mack case:
Defender: David Z. Chesnoff
Defender: Scott Freeman
Prosecutor: Robert Daskas
Prosecutor: Christopher Lalli
Judge Douglas Herndon
Links to all stories from the RGJ concerning the Mack case are available here.
Reno courthouse shooting: Subplots bring intrigue to trial. LVRJ 10/1/07
Jury selection in Mack case begins today. Sparks Tribune/AP 10/1/07
Woman faces charges after visit to prison. LVRJ 10/1/07
Pot becoming one of California county's biggest cash crops. Nevada Appeal 10/1/07
Insanity defense: John's law gives mom some peace. LVRJ 10/1/07
Exoneration using DNA brings change in legal system. NYTimes 10/1/07
Justices begin work on polarizing new docket. NYTimes 10/1/07