Columbus v. Indigenous People

  • Law

  • The City of Las Vegas is looking to jumpstart Badlands negotiations having already hired 5 law firms and incurring over $960,000 in legal fees. [RJ]
  • The mother of a convicted felon/former pimp says Judge Melanie Andress-Tobiasson is “going around like a vigilante.” [Baltimore Post-Examiner]
  • Las Vegas City Council will consider a bill to criminalize domestic violence. [KTNV]
  • Should today be Indigenous Peoples Day? [TNI]
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Anonymous
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Anonymous
October 14, 2019 4:04 pm

Here's an interesting article on Limited Scope Representation (LSR). Any thoughts? http://www.michbar.org/file/barjournal/article/documents/pdf4article3758.pdf

Anonymous
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Anonymous
October 14, 2019 5:51 pm
Reply to  Anonymous

Yep. For fees, its the race to the bottom. See Legal Zoom and Avvo for generous fees for referrals.
(Off topic rant, but since I mentioned Legal Zoom, there is unauthorized practice of law that SBN is not tackling. It does not matter that the consumer steps through a series of question generated by a computer, the recommendation is legal advice.)

Anonymous
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Anonymous
October 14, 2019 4:33 pm

I personally like Judge Tobiasson. And the BPE seemed very pro-Melanie for a long time. But you cannot be a judge and do this. If she wants to do these things, then leave the bench and be a private citizen.

"I call his attorney and I said, hey you might want to get your client a message that, if he calls my daughter again, I’m going to take care of it myself. So, he does, he gives him the message. You know, we really don’t want to report that. But I was at the point if this guy is going to continue to mess with my daughter, clearly the police don’t give a shit, they’re not going to protect her,” Tobiasson said during the interview. “I was the one who went to Shane Valentine’s house, kicked in the door,” Tobiasson told the Baltimore Post-Examiner.

Anonymous
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Anonymous
October 14, 2019 5:43 pm

Judge Melanie Andress-Tobiasson
It seems that the Baltimore Post-Examiner is obsessed with Judge Tobiasson because, as far as I know, it is the only media that keeps bringing this issue up. Anyone know more? Is there more?

Anonymous
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Anonymous
October 14, 2019 5:51 pm
Reply to  Anonymous

Nevada Current is doing that also but not to the same extent as BPE.

Anonymous
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Anonymous
October 14, 2019 6:25 pm
Reply to  Anonymous

I believe the writer used to live in Las Vegas.

Anonymous
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Anonymous
October 14, 2019 5:52 pm

"Las Vegas City Council members will consider a bill that would allow people accused of domestic violence to keep their firearms at Wednesday's full council meeting." What a loaded statement when the alternative is not being able to prosecute any domestic violence charges at all.

anonymous
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anonymous
October 14, 2019 6:08 pm
Reply to  Anonymous

Start building jury boxes.

Anonymous
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Anonymous
October 14, 2019 6:20 pm
Reply to  Anonymous

Violation of City Charter/NRS 266. Try again.

Anonymous
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Anonymous
October 14, 2019 6:49 pm
Reply to  Anonymous

I love that we live in a country where letting violent men keep guns is self-evidently preferable to giving criminal defendants due process and access to counsel.

Anonymous
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Anonymous
October 14, 2019 8:14 pm
Reply to  Anonymous

Who says it's self-evident? I doubt the city would be doing this if their charter and NRS 266 didn't prohibit the muni court from holding jury trials.

Anonymous
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Anonymous
October 14, 2019 8:45 pm
Reply to  Anonymous

If the Nevada Supreme Court says the Nevada Constitution requires jury trials, why doesn't that trump the City Charter and NRS 266?

Seems like an excuse to not even try to hold jury trials.

Anonymous
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Anonymous
October 14, 2019 8:58 pm
Reply to  Anonymous

The muni-courts/cities don't want to lose the revenue generated from fines for DV cases otherwise they would simply refer them all up to the justice court level with the county, who is setup for jury trials.

Anonymous
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Anonymous
October 14, 2019 9:45 pm
Reply to  Anonymous

That the Constitution requires jury trials when a defendant is at jeopardy of losing the ability to lawfully bear arms as a result of a domestic violence conviction does not necessarily mean that municipal courts must be permitted to conduct jury trials.

Anonymous
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Anonymous
October 15, 2019 12:34 am
Reply to  Anonymous

Shitty logic.

Anonymous
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Anonymous
October 15, 2019 12:48 am
Reply to  Anonymous

If the legislature has determined that jury trials cannot be conducted in municipal court, then by implication the legislature has determined that the proper venue for jury trials must be elsewhere, like justice court.

Anonymous
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Anonymous
October 15, 2019 12:49 am
Reply to  Anonymous

Or, it's possible, given the mess the Nevada Supreme Court has created, under existing statutory law there is no proper venue to try these cases, i which case this may take a legislative fix.

Anonymous
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Anonymous
October 15, 2019 3:35 am
Reply to  Anonymous

Cities are a creature of statute and only have the powers bestowed upon them by the legislature. Sure, under Nevada's modified Dillon's Rule, cities can have some other "necessary and proper" powers, but that clearly doesn't come into play when the legislature has spoken on the issue. Here, the legislature has spoken. Simply because the legislature set up a system that is unconstitutional, that doesn't mean the cities magically gain power expressly prohibited under city charters and statute. A legislative fix is needed. Either they need to go to justice court (lots of administrative and funding headaches) or the restrictions on muni courts holding jury trials (not sure why that was necessary anyway) needs to go away.

Anonymous
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Anonymous
October 15, 2019 7:09 am
Reply to  Anonymous

At base, it was probably equal parts "we don't need juries for misdemeanor cases since municipal courts can only try misdemeanor cases" and "we don't have the money to let cities try jury cases."