- Quickdraw McLaw
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As the legislative session is winding down, we’re seeing lots of action and some bills are being signed into law. Two of those that were signed yesterday are no life without parole sentences for offenders under the age of 18 [RJ] and a bill extending the statute of limitations on rape charges from 4 years to 20 years [RJ]. What do you think about these changes?
Any last minute bills you are hoping to see make it into the books as law?
No life without for juveniles was already a SCOTUS decision that we're now in line with.
A 20-years sol on sexual assault seems outrageous. 10, maybe, but 20 makes for seriously old allegations to defend against. And also, I don't see how a drug-and-rape case isn't already covered by the "secret offense" rule in NRS 171.095.
Miller did away with mandatory life without sentencing schemes, but not with LWOP as an option.
I am looking forward to how the budget and funding close out. Also what can the exciting Ms. Fiore do to top her previous actions.
Unrelated and not a shocker but the bar is seeking disbarment against Bloomfield
http://www.reviewjournal.com/news/las-vegas/state-bar-seeks-disbar-las-vegas-defense-lawyer
There is no reason to lengthen the statute of limitations for rape. If the victim is an adult, why should the SOL be different than carjacking or robbery or any other brutal crime? Just because the perpetrator might be Bill Cosby?
Wow, did you really right that? Are you a Duggar?
Not 4:46.
How do the inherent problems with long statutes of limitations disappear if we're talking about rape? Do memories not fade? Are witnesses not lost?
Please go buy a clue!
Please propose how you would plan to meet the beyond a reasonable doubt standard in a rape allegation case 12 years old with no physical evidence.
10:34 – with the jury instruction, which is always given in Nevada, stating that no physical evidence is needed and the testimony of the alleged victim alone is sufficient to convict.
There is more post conviction relief granted in sexual assault cases than any other type of case due to recantations and discovery of suppressed evidence. Usually it takes 10-12 years to get to the federal courts where a decent investigation is finally done and the guy, in the meantime, has been locked up for a decade. Sorry, 5:26, it's just a fact.
Write
The Nevada Supreme Court and the Board of Bar Examiners just decided to modify the July 2015 Nevada Bar Examination by having seven (7) essays, 2 MPTs, and the MBE. I wonder if this created chaos for our future colleagues who are undergoing bar review and if this might be a step towards Nevada adopting the UBE in the near future.
Source?
This is incredible news about the July 2015 bar exam. Two MPTs and 7 Nevada essays. Yes, it sounds like they might be inching toward the UBE. This is so demeaning to our law license. First we had the bar given twice a year and now we will be allowing everyone from across the U.S. to take the bar using more of a national format–MBE and MPTs. I don't see how the MPT is a better choice than a Nevada written essay on Nevada law. What is the purpose of that? By the way, this was posted on the Admissions page of the Nevada Bar. Did anyone have any clue that these changes were in the works?
Usually the Board of Bar Examiners files a petition with the Nevada Supreme Court, accompanied by the proposed revised rule governing the makeup of the Bar Exam, which Is then considered as an administrative docket (ADKT) matter. I checked the Nevada Supreme Court's website and did not see any ADKTs recently under consideration for the exam change, this raising an inference that this change was processed differently and was a very recent decision. Still, would it not have made better sense to have implemented the change effective with the February 2016 Bar Exam?
10:58, isn't this making the exam harder? I thought it was 6 essays, 1 PT, and the MBE when I took the Nevada bar. I thought the UBE was shorter and easier.
Wow. A 4 hour-long essay session on the last day of the exam. (You know, on the day when many of your compatriots taking the bar exam in other states are rejoicing because they've finished their 2-day exam.) Brutal.
The California bar exam is like that, except its performance test is a lot harder than the MPT. Maybe it just signals a need for more practical skills and will make the bar harder?
Right on, keep making our bar exam harder anyway you can! Good for the BOG. The fewer admitted the better.
Let me give everyone a dose of reality. I have had the unique opportunity to review results of several folks who failed the exam. In one instance, a person gave the examiners an outline with almost no legal analysis–the structure of an answer. The answer came close to a passing score and would not have been responsible for the person failing had the other essays been sufficient or other parts passing. The bar exam is not the impediment that it once was. I am not sure if the exam passing was lowered or not but I am not impressed with where it is now. There should no reason for anyone failing the Nevada Bar time after time with what they are accepting as passing. The only state in our area that does it right is
California. Everyone takes the exam–law professors, out of state attorneys, and all law graduates. Nobody waives in and the exam is graded consistently.
Does anyone have a good source following AB 464/SB 252 the gross receipts tax for Nevada? I think it is going to be a bad thing for Nevada businesses (even if it will mean more work for practictioners like me)
Sandoval is effectively going to kill Nevada as a choice forum for corporations. The incorporation businesses are going to move their operations to Wyoming. While some businesses may only incorporate in Nevada for the benefits, they still come here for their annual meetings and spend money in the State. Sandoval (and his cronies) are effectively going to kill this industry and create massive job loss. It's too bad that no one realizes the overall fiscal impact this legislation will have on Nevada.