There was some discussion yesterday about whether the Petition for Judicial Review against the LDS temple in Lone Mountain violated Rule 11. I read through the PJR, and while it probably isn’t the strongest filing made in the Eighth last week, the idea that it violated Rule 11 is absurd. Am I crazy?
Claiming without any real proof that a law firm is laundering money on behalf of a church to city officials? That seems like a violation of NRCP 11(3). I have successfully had judges strike portions of pleadings in the past that were unnecessarily defamatory. Such as when someone in a contract dispute claimed that my client breached a contract because they had blown all their money on hookers and blow.
The campaign donations from KC to the City Council are public record. People are allowed to question how that affects the decisions of elected officials. That’s not a Rule 11 violation.
No implication needed. They are accusing KC of violating NRS 294A.112 and pertinent NRPC. The first half of paragraph 22 is fine – hey, KC made contributions – but the second half “suggestion that money was laundered through the LDS legal counsel” is sanctionable, in my opinion, unless they have the evidence to support it.
Now, my personal belief is that was left in the Petition through sloppy drafting. Maybe the portion starting “suggestion” was a note to self to include these sorts of claims, or that crazy cat lady likely was communicating with counsel regarding draft of petition, and comments were mistakenly left in after the paragraph was written instead of being deleted. Who knows.
Also, maybe the Neighborhood Rural Whoever doesn’t realize this, but the changes to LVMC 19.10.020 weren’t timely appealed and haven’t been challenged, meaning the court has to accept them as legitimate for the purposes of this appeal. And under those standards, their petition has no merit.
(b) Knowingly allow his or her name to be used to cause a contribution to be made in the name of another person or assist in the making of a contribution in the name of another person.
There is no other way to interpret the use of “money was laundered through the LDS legal counsel” other than the accusation that KC’s contributions are really someone else’s, which violates NRS 294A.112. That the drafter may not be familiar enough with the law to realize that’s what he accused a law firm of doing doesn’t change anything.
Federal court sanctioned a local practioner for doing something similar recently–leaving frivolous allegations in an amended complaint after discovery had already demonstrated the claims were meritless.
We all know that federal courts are FAR more likely to sanction parties and counsel than the Eighth. Not my wheelhouse, but it seems like there is both diversity and federal question (free exercise clause, FAA red beacon regulation) here. Maybe removing this is the best procedural move for the City of Las Vegas and/or the LDS Church (assuming the LDS Church intervenes). I don’t think a state court judge even considers sanctions for this, but someone like Richard Boulware on the federal bench would drop nukes over this.
I was in court yesterday and a judge on a different matter sua sponte asked the lawyer why this was not a Rule 11 violation. The lawyer was gobsmacked and rightly said that perhaps there was good cause to dismiss his Complaint.
NRCP 11(b)(2)the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
How is the Petition not frivolous. The BS taking up court time should be sanctioned.
I am LDS. I am in support of the temple. I am a lawyer. I do not practice in the area of land use. However, I do not anticipate that any of our local judges will issue Rule 11 sanctions for the PJR filing. Nonetheless, I would not want my name on that pleading. It is pretty poorly written and clearly was not proofread (or the proofreader did not care). We all make mistakes in our writing, so I try not to judge to harshly, but that pleading is brutal. I suspect given the allegations of impropriety, KC will move to intervene and will bury Petitioner’s counsel in briefs and likely move to depose him since he swore under oath that he has personal knowledge of the facts alleged in the PJR.
Judge Mendoza probably had jurisdiction over the case. I think the judge denied it because the criminal matter was pending before another judge. My understanding was she wanted that action dismissed and transferred to her court so she had jurisdiction over the plea deal.
Prosecution has >5 videos from various houses along the route from Telles’ house to German’s house the morning of the murder, showing Telles’ car and the driver wearing the hat/clothes from the murder.
Prosecutors have consistently said the evidence is “overwhelming.” That’s really a gross understatement. The videos and other evidence are absolutely conclusive. WTF is Draskovich going to do? Is Rob’s wife in attendance? I feel sorry for her having to sit through this.
Prosecution found the same hat and shoes that the assailant was wearing in Telles’ garage. And the hat was cut up in an attempt to destroy it. Double toast.
They showed RT immediately after the prosecution ended its opening argument. RT looked shell shocked to say the least. In addition to being a sloppy hitman, RT is probably not the best poker player.
The guy Google Mapped the way to German’s house and has photos of where the murder was ultimately committed? I am actually starting to feel bad for Telles. He is clearly crazy.
Welcome to the age of RING doorbells. There is almost nowhere you can go in a residential neighborhood apparently that police will not be able to paste together RING doorbell footage over your every move.
They do have video of the attack. They have the exact shoes from the video. They have Telles taking his wonky way home. They have the hat. Dude, they got you.
The video of the attack is more shocking than what I anticipated. I guess I thought, weirdly, there would be some kind of verbal confrontation first. Nope. Telles (allegedly) just jumped German the moment German walked around to the side of the house. I mean POUNCED on him. German never had a chance.
His lawyer has been pushing him to plead. The evidence is not a surprise to Draskovich; he has known how bad this was and is going to be. Telles said no. There is nothing to offer at this point
What would they offer besides life in prison without parole? Maybe stack up a couple of 20-life sentences? Or maybe stack up a murder plus the elderly enhancement for 28-life? I can’t imagine the state is looking for anything less than life without. I suppose he could PG with rta and hope for less than LWOP.
Guest
Anonymous
August 14, 2024 11:42 am
Motion for Rule 11 sanctions against Telles because there’s no basis for his defense.
No worry about his law license as Hooge is focused on a guy he heard overcharged a penny in child support interest as the county’s software rounds strangely. Almost a true story, not quite, but close.
If Telles has the same shoes, hat, and car as the killer, but it is not him, that is a crazy coincidence. However, I think Draskovich did a great job in highlighting the lack of blood on any of those items. I did not know before today that there was no blood on Telles’ hat, shoes, or car. The DNA under German’s fingers will be hard to explain, but so is the lack of blood/DNA on Telles’ belongings. Should be a fun case to watch.
I watched part of Telles today and I don’t know how there could be more evidence against him.
Guest
Anonymous
August 14, 2024 1:38 pm
So if you are Telles, do you have the judge who you tried to disqualify and talked back to constantly sentence you? Or do you kick sentencing to the jury? What’s the move? Not sure how harsh/lenient Leavitt tends to be.
Leavitt is one of the toughest sentencing judges on the bench, but a jury can only decide sentencing if the person is convicted of first-degree murder. Would you want 12 people who just convicted you of first-degree murder to sentence you?
It seems like there really isn’t a meaningful difference between the two options. How is this a meaningful choice for Telles? Gonna get nuked either way.
Guest
Anonymous
August 14, 2024 2:00 pm
Watching German’s neighbors choke up is hard. These people lived on the same street for decades. It looks like they are/were all closer than the typical Vegas neighbors.
Guest
Anonymous
August 14, 2024 2:13 pm
I am shocked at the poor pubic speaking skills of the female DA in the Telles murder case. She uses so many umms, ehs, and uhs. The Defense has wisely ignored her compound questions.
No need to interrupt the groove more. I’ve seen mock trial law students perform better. WOLFSON, please send this poor DA to a trial academy or send her to child support.
It is not the critic who counts; not the man who points out how the strong
man stumbles, or where the doer of deeds could have done them better.
The credit belongs to the man who is actually in the arena, whose face is
marred by dust and sweat and blood; who strives valiantly; who errs, who
comes short again and again, because there is no effort without error and
shortcoming; but who does actually strive to do the deeds; who knows
great enthusiasms, the great devotions; who spends himself in a worthy
cause; who at the best knows in the end the triumph of high achievement,
and who at the worst, if he fails, at least fails while daring greatly, so that
his place shall never be with those cold and timid souls who neither know
victory nor defeat.
What Weckerly is doing masterfully at this point is taking the passion out of the case, disarming Telles’s theory that this is a malicious conspiracy out to get him. This is not personal; it is murder. You don’t have to be bombastic when you have the science, the witnesses and the evidence. You get out of the way and let the evidence star.
This week is the last chance to submit comments on the proposed bar exam changes–ADKT 0594. I wish the folks who post their concerns would tell the Supreme Court. Most of the comments are in favor of the push over bar exam by law faculty and big law firms. We need to weigh in. The court invites written comment from the bench, bar, and public regarding how the court should proceed in the administration of the Nevada bar examination and licensing procedures for attorneys practicing in Nevada. Comments may be submitted to Elizabeth A. Brown, Clerk of the Supreme Court, 201 South Carson Street, Carson City, Nevada 89701. On July 5, 2024, the Nevada Supreme Court entered an order inviting public comment in this matter until August 8, 2024, at 5:00 p.m. The time to file comments from the bench, bar, and public has been extended until August 16, 2024, at 5 p.m. Comments may be submitted to the court in hard-copy format or electronically to nvscclerk@nvcourts.nv.gov.
Guest
Anonymous
August 14, 2024 3:58 pm
Does anyone want to talk about what happened to our resident Jeffrey Toobin in Dep. 17 this morning?
There was some discussion yesterday about whether the Petition for Judicial Review against the LDS temple in Lone Mountain violated Rule 11. I read through the PJR, and while it probably isn’t the strongest filing made in the Eighth last week, the idea that it violated Rule 11 is absurd. Am I crazy?
Calm down Evan, you’ll probably just get admonished by the judge.
I’m not Evan. The PJR is a joke, but it doesn’t violate NRCP 11. How exactly, does it violate Rule 11?
It wont, but it should. How I wish our courts took a stronger stance against nonsense.
Why? What provision specifically violates Rule 11? Look, I think it’s very weak and should be swatted down, but a Rule 11 violation? Come on.
Claiming without any real proof that a law firm is laundering money on behalf of a church to city officials? That seems like a violation of NRCP 11(3). I have successfully had judges strike portions of pleadings in the past that were unnecessarily defamatory. Such as when someone in a contract dispute claimed that my client breached a contract because they had blown all their money on hookers and blow.
The campaign donations from KC to the City Council are public record. People are allowed to question how that affects the decisions of elected officials. That’s not a Rule 11 violation.
There’s quite a distance between saying laundering money to city councilmembers, which implies a crime, and making lawful campaign contributions.
No implication needed. They are accusing KC of violating NRS 294A.112 and pertinent NRPC. The first half of paragraph 22 is fine – hey, KC made contributions – but the second half “suggestion that money was laundered through the LDS legal counsel” is sanctionable, in my opinion, unless they have the evidence to support it.
Now, my personal belief is that was left in the Petition through sloppy drafting. Maybe the portion starting “suggestion” was a note to self to include these sorts of claims, or that crazy cat lady likely was communicating with counsel regarding draft of petition, and comments were mistakenly left in after the paragraph was written instead of being deleted. Who knows.
Also, maybe the Neighborhood Rural Whoever doesn’t realize this, but the changes to LVMC 19.10.020 weren’t timely appealed and haven’t been challenged, meaning the court has to accept them as legitimate for the purposes of this appeal. And under those standards, their petition has no merit.
As to your last paragraph, that’s quite technical and isn’t a basis for Rule 11 sanctions.
They aren’t accusing KC of violating those statutes anywhere in the PJR.
NRS 294A.112: A person shall not:
(b) Knowingly allow his or her name to be used to cause a contribution to be made in the name of another person or assist in the making of a contribution in the name of another person.
There is no other way to interpret the use of “money was laundered through the LDS legal counsel” other than the accusation that KC’s contributions are really someone else’s, which violates NRS 294A.112. That the drafter may not be familiar enough with the law to realize that’s what he accused a law firm of doing doesn’t change anything.
>That the drafter may not be familiar enough with the law to realize that’s what he accused a law firm of doing doesn’t change anything.
If anything, that’s an ethical violation too
Federal court sanctioned a local practioner for doing something similar recently–leaving frivolous allegations in an amended complaint after discovery had already demonstrated the claims were meritless.
We all know that federal courts are FAR more likely to sanction parties and counsel than the Eighth. Not my wheelhouse, but it seems like there is both diversity and federal question (free exercise clause, FAA red beacon regulation) here. Maybe removing this is the best procedural move for the City of Las Vegas and/or the LDS Church (assuming the LDS Church intervenes). I don’t think a state court judge even considers sanctions for this, but someone like Richard Boulware on the federal bench would drop nukes over this.
I was in court yesterday and a judge on a different matter sua sponte asked the lawyer why this was not a Rule 11 violation. The lawyer was gobsmacked and rightly said that perhaps there was good cause to dismiss his Complaint.
NRCP 11(b)(2)the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
How is the Petition not frivolous. The BS taking up court time should be sanctioned.
I am LDS. I am in support of the temple. I am a lawyer. I do not practice in the area of land use. However, I do not anticipate that any of our local judges will issue Rule 11 sanctions for the PJR filing. Nonetheless, I would not want my name on that pleading. It is pretty poorly written and clearly was not proofread (or the proofreader did not care). We all make mistakes in our writing, so I try not to judge to harshly, but that pleading is brutal. I suspect given the allegations of impropriety, KC will move to intervene and will bury Petitioner’s counsel in briefs and likely move to depose him since he swore under oath that he has personal knowledge of the facts alleged in the PJR.
KC won’t do that, it’s a waste of time and brings even more attention to the nothingburger.
Absolutely correct. Kaempfer is going to defeat the PJR straight up and move on with business.
I recall when Judge Mendoza (John-I’m a 2digit) refused a plea deal and he was overturned.
Judge Mendoza probably had jurisdiction over the case. I think the judge denied it because the criminal matter was pending before another judge. My understanding was she wanted that action dismissed and transferred to her court so she had jurisdiction over the plea deal.
Live stream of Jeff German murder trial opening arguments: https://www.youtube.com/watch?v=Bm81-tO8Y0A
Admonitions read. Opening statements have commenced.
Prosecution has >5 videos from various houses along the route from Telles’ house to German’s house the morning of the murder, showing Telles’ car and the driver wearing the hat/clothes from the murder.
Dude is toast.
Prosecutors have consistently said the evidence is “overwhelming.” That’s really a gross understatement. The videos and other evidence are absolutely conclusive. WTF is Draskovich going to do? Is Rob’s wife in attendance? I feel sorry for her having to sit through this.
Prosecution found the same hat and shoes that the assailant was wearing in Telles’ garage. And the hat was cut up in an attempt to destroy it. Double toast.
They showed RT immediately after the prosecution ended its opening argument. RT looked shell shocked to say the least. In addition to being a sloppy hitman, RT is probably not the best poker player.
anyone got the screengrab?
https://www.youtube.com/watch?v=Bm81-tO8Y0A
It’s about 58 minutes from the start of this video (right before there’s a long break)
https://www.youtube.com/live/Bm81-tO8Y0A?feature=shared&t=3486
Cued up for you.
Few minutes ago Telles looked like he was about to start crying. Dude looks scared and guilty AF.
Well-deserved for the (alleged, for now) murdering piece of shit.
The guy Google Mapped the way to German’s house and has photos of where the murder was ultimately committed? I am actually starting to feel bad for Telles. He is clearly crazy.
And I’m pretty sure they found all of those clothing items in his house. He’s toast. We all knew this.
Bro. He’s getting off. Cope harder
Welcome to the age of RING doorbells. There is almost nowhere you can go in a residential neighborhood apparently that police will not be able to paste together RING doorbell footage over your every move.
Good for this trial, but overall really scary stuff.
Telles’s face seems to be saying WTF are all of these RING videos?
Where do we get the youtube link each day for that day’s proceedings of the trial?
wow. they have video of the attack
They do have video of the attack. They have the exact shoes from the video. They have Telles taking his wonky way home. They have the hat. Dude, they got you.
Yep, just like OJ
The evidence against OJ was not close to the evidence that they have on Telles.
My friend you were not watching the oj trial as they had hundreds of pieces of evidence. They’re both guilty for sure.
I did not say that they are not both guilty. However the evidence against OJ was not close to as conclusive as against Telles.
I was in college then and watched every single day and respectfully disagree.
Both OJ and Telles are telling the jury they were framed. OJ had a more compelling framing theory.
The OJ trial was over when the jury was selected.
Why no blood on the shoes, bag, hat?
If the shoes fit….
It is not going to fit after it was chopped into 40 pieces and stuffed under a sofa
Not even one drop of blood on the hat, shoes or bag. You would expect some blood in a stabbing, no?
The video of the attack is more shocking than what I anticipated. I guess I thought, weirdly, there would be some kind of verbal confrontation first. Nope. Telles (allegedly) just jumped German the moment German walked around to the side of the house. I mean POUNCED on him. German never had a chance.
He stabbed him. Left. And then he came back to the scene of the murder in his wife’s car. Brilliant!
Criminal lawyers – any chance there’s a plea deal for Telles after today? If I’m his lawyer I’m pushing him to take anything he can get.
Would the DA even offer anything at this point?
His lawyer has been pushing him to plead. The evidence is not a surprise to Draskovich; he has known how bad this was and is going to be. Telles said no. There is nothing to offer at this point
Yeah, for real. The DA has done all the work for trial prep. Why plead out now????
What would they offer besides life in prison without parole? Maybe stack up a couple of 20-life sentences? Or maybe stack up a murder plus the elderly enhancement for 28-life? I can’t imagine the state is looking for anything less than life without. I suppose he could PG with rta and hope for less than LWOP.
Motion for Rule 11 sanctions against Telles because there’s no basis for his defense.
Rule 11 sanctions might place Rob’s law license in jeopardy.
No worry about his law license as Hooge is focused on a guy he heard overcharged a penny in child support interest as the county’s software rounds strangely. Almost a true story, not quite, but close.
Murder is just murder, but stealin’ money? That’s Hooge time!
I can’t believe Rob’s outburst in Court this morning! Draskovich needs to reign him in!
Rob looked over at Pam Weckerly, interrupting her: “Hey, hey, easy with those, those are my lucky stabbin’ nikes!”
Video here:
https://www.youtube.com/watch?v=q9IYFB3QJgs
We’re not allowed to make jokes anymore. Apparently, any joke made at Telles’ expense is really just a backhanded way of dishonoring German’s legacy.
Please apologize. Or risk the self-righteous mob attacking you.
Go cry somewhere else snowflake.
lol thought that was Norm
Draskovich got me doubting already.
If Telles has the same shoes, hat, and car as the killer, but it is not him, that is a crazy coincidence. However, I think Draskovich did a great job in highlighting the lack of blood on any of those items. I did not know before today that there was no blood on Telles’ hat, shoes, or car. The DNA under German’s fingers will be hard to explain, but so is the lack of blood/DNA on Telles’ belongings. Should be a fun case to watch.
smart enough to cut them up, smart enough to clean off the blood? would not be that difficult. plus – where’s the shirt? FAKE NEWS
No blood on the shoes, hat, bag or in his car.
There was a blood smudge on the shoes.
Prediction: They imply or outright accuse Det. J. of planting the DNA evidence.
His opening caused me to think of doubt…
I watched part of Telles today and I don’t know how there could be more evidence against him.
So if you are Telles, do you have the judge who you tried to disqualify and talked back to constantly sentence you? Or do you kick sentencing to the jury? What’s the move? Not sure how harsh/lenient Leavitt tends to be.
bro, Telles is gonna be sentencing Leavitt
Isn’t it pretty much life without? How much discretion is there?
No. Minimum is 10 years. He could be out by the time he’s 55 if she likes him.
Well she doesnt. To paraphrase Sammy Hagar, “Wont be able to drive at 55”
Min is 20 on ho9micide, no? Where are you getting 10?
1st degree is 20 2nd degree is 10. But this feels like a case where it is all or nothing so 1st or not guilty.
I thought I saw Judge Michelle Leavitt crying and or losing her composure during the presentation of the evidence with the testimony of the neighbor.
Mascara just got into her eyes
Leavitt is one of the toughest sentencing judges on the bench, but a jury can only decide sentencing if the person is convicted of first-degree murder. Would you want 12 people who just convicted you of first-degree murder to sentence you?
It seems like there really isn’t a meaningful difference between the two options. How is this a meaningful choice for Telles? Gonna get nuked either way.
Watching German’s neighbors choke up is hard. These people lived on the same street for decades. It looks like they are/were all closer than the typical Vegas neighbors.
I am shocked at the poor pubic speaking skills of the female DA in the Telles murder case. She uses so many umms, ehs, and uhs. The Defense has wisely ignored her compound questions.
No need to interrupt the groove more. I’ve seen mock trial law students perform better. WOLFSON, please send this poor DA to a trial academy or send her to child support.
It is not the critic who counts; not the man who points out how the strong
man stumbles, or where the doer of deeds could have done them better.
The credit belongs to the man who is actually in the arena, whose face is
marred by dust and sweat and blood; who strives valiantly; who errs, who
comes short again and again, because there is no effort without error and
shortcoming; but who does actually strive to do the deeds; who knows
great enthusiasms, the great devotions; who spends himself in a worthy
cause; who at the best knows in the end the triumph of high achievement,
and who at the worst, if he fails, at least fails while daring greatly, so that
his place shall never be with those cold and timid souls who neither know
victory nor defeat.
She is doing great!
Tell me you’ve never actually tried a case without telling me you’ve never actually tried a case…
And on top of that, never tried a case that has tons of news around it, is being covered by national news, and is broadcast live on youtube.
Man, I still get nervous before arguing motions that no one cares about. Good on the DA for getting up there and doing solid.
Mitch Cobeaga used to tell me “if you’re not a little nervous before trial, then you don’t understand what’s at stake.” #RIPCommander.
What Weckerly is doing masterfully at this point is taking the passion out of the case, disarming Telles’s theory that this is a malicious conspiracy out to get him. This is not personal; it is murder. You don’t have to be bombastic when you have the science, the witnesses and the evidence. You get out of the way and let the evidence star.
The “female DA” lol, just one of the most experienced murder prosecutors in Clark County. I don’t like her but show some respect.
Telles: A prime example as to why Boyd shouldn’t be in charge of weeding out future lawyers.
Or in this case planting the seeds that grow Russian thistle.
This week is the last chance to submit comments on the proposed bar exam changes–ADKT 0594. I wish the folks who post their concerns would tell the Supreme Court. Most of the comments are in favor of the push over bar exam by law faculty and big law firms. We need to weigh in. The court invites written comment from the bench, bar, and public regarding how the court should proceed in the administration of the Nevada bar examination and licensing procedures for attorneys practicing in Nevada. Comments may be submitted to Elizabeth A. Brown, Clerk of the Supreme Court, 201 South Carson Street, Carson City, Nevada 89701. On July 5, 2024, the Nevada Supreme Court entered an order inviting public comment in this matter until August 8, 2024, at 5:00 p.m. The time to file comments from the bench, bar, and public has been extended until August 16, 2024, at 5 p.m. Comments may be submitted to the court in hard-copy format or electronically to nvscclerk@nvcourts.nv.gov.
Does anyone want to talk about what happened to our resident Jeffrey Toobin in Dep. 17 this morning?
I dont know of what you speak but am dying to know. (Not Jeff German style dying however)
There is only one defense attorney listed on ODYSSEY who I could imagine being caught with his pants down. Say its not so…..
Oh come on, you have to give more detail.