Judge Got It Wrong

  • Law
  • Judge dismisses Nevada fake elector case over lack of jurisdiction. [TNI]
  • U.S. Supreme Court upholds law that prevents domestic abusers from owning guns. [Nevada Current]
  • What else is happening out there today?
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Anonymous
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Anonymous
June 24, 2024 10:05 am

After the dennis prince tragedy, i think the supreme court got it right on that front. also, blog is ded

Anonymous
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Anonymous
June 24, 2024 10:24 am
Reply to  Anonymous

I don’t recall the part where someone involved in the Prince incident was subject to a domestic violence restraining order. Did I miss that?

Anonymous
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Anonymous
June 24, 2024 10:29 am
Reply to  Anonymous

There was a DV arrest in 2021 I believe. Not sure it applies to the SCOTUS gun ruling, but you can find the records in LVJC.

Anonymous
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Anonymous
June 24, 2024 1:01 pm
Reply to  Anonymous

Who had a DV arrest?

Anonymous
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Anonymous
June 24, 2024 2:11 pm
Reply to  Anonymous

DYLAN HOUSTON’s Justice Court Case follows

Party Information
Lead Attorneys
Defendant HOUSTON, DYLAN EDWARD Joseph W. Houston, II
Retained
702-982-1200(W)
Other Agency Numbers
7098638 Justice Court Scope ID Subject Identifier

State of Nevada State of Nevada
Charge Information
Charges: HOUSTON, DYLAN EDWARD Statute Level Date
1. Reckless driving w/disregard safety of pers/prop [56810] 14.24.010A Misdemeanor 10/25/2020
Events & Orders of the Court
DISPOSITIONS
02/28/2022
Plea (Judicial Officer: Zimmerman, Ann E.)
1. Reckless driving w/disregard safety of pers/prop [56810]
Nolo Contendere
02/28/2022
Disposition (Judicial Officer: Zimmerman, Ann E.)
1. Reckless driving w/disregard safety of pers/prop [56810]
Adjudication Deferred
02/28/2022
Interim Sentence – Final Disposition Pending (Judicial Officer: Zimmerman, Ann E.)
1. Reckless driving w/disregard safety of pers/prop [56810]
Condition – Adult:
1. Suspended Jail Sentence, 30 days 02/28/2022, Active 02/28/2022
2. Stay Out of Trouble, 02/28/2022, Active 02/28/2022
3. DUI School, 02/28/2022, , Satisfied 04/19/2022
4. Victim Impact Panel, 02/28/2022, , Satisfied 04/19/2022
5. Community Service, 100 Hours In Lieu of Cash Bond 02/28/2022, , Closed 04/19/2022
6. Defendant Sentenced to 2 Days Jail, with 2 Days Credit for Time Served 02/28/2022, , Satisfied 04/19/2022
7. If so, to be amended to Reckless Driving, and credit for time served; if not, Conviction 02/28/2022, Active 02/28/2022
Fee Totals:
Cash Bond Criminal Deferred Disposition Fee $1,000.00
Fee Totals $ $1,000.00
04/20/2022
Amended Plea (Judicial Officer: Zimmerman, Ann E.) Reason: Per Negotiations
1. Reckless driving w/disregard safety of pers/prop [56810]
Nolo Contendere
04/20/2022
Amended Disposition (Judicial Officer: Zimmerman, Ann E.) Reason: Per Negotiations
1. Reckless driving w/disregard safety of pers/prop [56810]
Guilty as Amended
04/20/2022
Amended Misdemeanor Sentence (Judicial Officer: Zimmerman, Ann E.) Reason: Per Negotiations
1. Reckless driving w/disregard safety of pers/prop [56810]
Condition – Adult:
1. Suspended Jail Sentence, 30 days 02/28/2022, Closed 04/20/2022
2. Stay Out of Trouble, 02/28/2022, Satisfied 04/20/2022
3. DUI School, 02/28/2022, , Satisfied 04/19/2022
4. Victim Impact Panel, 02/28/2022, , Satisfied 04/19/2022
5. Community Service, 100 Hours In Lieu of Cash Bond 02/28/2022, , Closed 04/19/2022
6. Defendant Sentenced to 2 Days Jail, with 2 Days Credit for Time Served 02/28/2022, , Satisfied 04/19/2022
7. If so, to be amended to Reckless Driving, and credit for time served; if not, Conviction 02/28/2022, Closed 04/20/2022
8. Credit for Time Served, 04/20/2022, Satisfied 04/20/2022
Fee Totals:
AA Fees $140.00
County Fine-Criminal $860.00
Fee Totals $ $1,000.00

OTHER EVENTS AND HEARINGS
10/25/2020 Original Track Assignment JC12
10/25/2020 DA Request for Prosecution
Request for Prosecution Sent to DA
10/25/2020 Case Assignment Sent
Case Assignment Sent
10/26/2020 Cash Bond Posted
10/26/2020 Cash Bond Acceptance-Notice of Appearance
10/26/2020 Assignment
10/26/2020 Probable Cause Review Packet – Initial Appearance Court
10/26/2020 Cash Bond Posted
01/04/2021 Status Check on Filing of Criminal Complaint (7:30 AM) (Judicial Officer Baucum, Suzan)
$2,000 Cash Bond
Result: Matter Heard
01/04/2021 Counsel Confirms as Attorney of Record
J. Houston, Esq.
01/04/2021 State Requests Additional Time for Filing of Complaint
180 days
01/04/2021 Continued for Status Check on filing of Criminal Complaint
01/04/2021 Cash Bond Ordered Exonerated
01/04/2021 Minute Order – Department 13
06/23/2021 Criminal Complaint
06/23/2021 Notice of Intent – Audiovisual Technology
Notice of Intent to use audiovisual technology pursuant to NRS 171.1975 to present live testimony at Preliminary Hearing Examination due to Covid-19 Outbreak Filed in Open Court.
07/07/2021 CANCELED Status Check on Filing of Criminal Complaint (7:30 AM) (Judicial Officer Baucum, Suzan)
Criminal Complaint Filed
No Bail Posted
07/07/2021 Arraignment (7:30 AM) (Judicial Officer Baucum, Suzan)
No Bail Posted
Result: Matter Heard
07/07/2021 Arraignment Completed
Defense Advised of Charges on Criminal Complaint, Waives Reading of Criminal Complaint
07/07/2021 Plea of Not Guilty Entered
07/07/2021 Minute Order – Department 13
10/25/2021 Bench Trial (8:00 AM) (Judicial Officer Baucum, Suzan)
No Bail Posted
Result: Matter Continued
10/25/2021 Hill Motion by State to Continue – Granted
Objection by Defense
10/25/2021 Minute Order – Department 13
10/25/2021 Motion
by State notice of motion and motion to continue – filed in open court
01/01/2022 Administrative Reassignment to Department 8
Case Reassigned From Department 13 (Judge Suzan Baucum)
02/28/2022 Bench Trial (9:30 AM) (Judicial Officer Zimmerman, Ann E.)
NO BAIL POSTED
Result: Matter Heard
02/28/2022 Defendant Waives the Right to Trial
02/28/2022 Admonishment of Rights – DUI
Filed in open Court
02/28/2022 Minute Order – Department 08
03/16/2022 Counseling Report
Certificate of Completion
03/16/2022 Counseling Report
Certificate of Completion
03/30/2022 Transcript of Proceedings
04/14/2022 Attestation
04/15/2022 Motion
Motion to Close Case
04/20/2022 Motion (8:00 AM) (Judicial Officer Zimmerman, Ann E.)
Result: Matter Heard
04/20/2022 Motion
by Defense to Close Case – Granted
04/20/2022 Plea entered by Counsel
04/20/2022 Judgment Entered
04/20/2022 Cash Bond Ordered Transferred
to satisfy fine
04/20/2022 Future Court Date Vacated
6/27/22 at 8 am
04/20/2022 Case Closed – Requirement(s) Completed
04/20/2022 Minute Order – Department 08
04/21/2022 Notice of Disposition and Judgment
04/21/2022 Report of Conviction for Violation of Motor Vehicle Laws
06/27/2022 CANCELED Status Check on Requirements (8:00 AM) (Judicial Officer Zimmerman, Ann E.)
Vacated – Case Closed
No bail posted

Anonymous
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Anonymous
June 24, 2024 2:26 pm
Reply to  Anonymous

Ok now do the other one

Anonymous
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Anonymous
June 24, 2024 2:29 pm
Reply to  Anonymous

I’m searching. No luck, yet, finding DV case.

Anonymous
Guest
Anonymous
June 24, 2024 2:28 pm
Reply to  Anonymous

So riddle me this:

Joe Houston shot and murdered Dennis Prince and Ashley Page-Houston-Prince. Query: What possible good could a law depriving Dylan Houston of his gun rights based on this arrest have done, specifically, in this situation?

Could it be that in your absolute knee-jerk lust to eviscerate the Second Amendmen you simply didn’t think this through?

Anonymous
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Anonymous
June 24, 2024 2:50 pm
Reply to  Anonymous

Oh, DYLAN Houston had a DV arrest. I’m sure depriving DYLAN Houston of his gun rights whould have prevented this murder committed by JOE Houston.

Anonymous
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Anonymous
June 24, 2024 6:15 pm
Reply to  Anonymous

Haha wrong one. You know that ladies can be arrested for DV too, right?

Anonymous
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Anonymous
June 24, 2024 11:14 am
Reply to  Anonymous

Joe Houston did not have a DV arrest or anything that was a legal impediment to him owning a gun.

Anonymous
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Anonymous
June 24, 2024 11:21 am
Reply to  Anonymous

I don’t know that the argument is the law would have prevented this particular tragedy, simply that DV situations pose an increased risk of violence that justifies restricting access to guns.

Anonymous
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Anonymous
June 24, 2024 12:59 pm
Reply to  Anonymous

Then why cite the Prince incident?

Anonymous
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Anonymous
June 24, 2024 1:27 pm
Reply to  Anonymous

maybe cause the ex husband was making all sorts of threats via text before the incident?

Anonymous
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Anonymous
June 24, 2024 2:08 pm
Reply to  Anonymous

Sooooo Back to those 2021 DV arrest records. Anyone know who was arrested? Who was the victim?

Anonymous
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Anonymous
June 24, 2024 2:30 pm
Reply to  Anonymous

Ex husband shot exacty zero people and was in a completely different zip code at the time of the murders.

Anonymous
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Anonymous
June 25, 2024 10:38 am
Reply to  Anonymous

Exactly.

Anonymous
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Anonymous
June 24, 2024 10:34 am

The underlying premise of the SC ruling is that if danger is known then try to prevent it. Yet NSB has, at the very least, public reports of threats made by a lawyer and does nothing. Go read the appendices of some fairly recent discipline cases. If I mention specifics I’ll get thwacked. Look it up.

Anonymous
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Anonymous
June 24, 2024 11:24 am

The sue the bar guy posted his website like six months or a year ago. Does anyone remember the URL? I couldn’t find it on Google. Curious about his progress.

Anonymous
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Anonymous
June 24, 2024 11:28 am
Reply to  Anonymous
Anonymous
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Anonymous
June 26, 2024 9:19 am
Reply to  Anonymous

Thanks.

Anonymous
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Anonymous
June 24, 2024 11:51 am

Legal Brethen and Sisteren: Here is my question to you. Can a non-lawyer Special Administrator of an estate represent the Estate in wrongful death litigation or is the Estate (like a corporation) required to hire counsel to represent it? I cannot find any authority on this question.

Anonymous
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Anonymous
June 24, 2024 12:00 pm
Reply to  Anonymous

Special Administrators do not require counsel as a party to litigation. However, trustees do.

Anonymous
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Anonymous
June 24, 2024 12:41 pm
Reply to  Anonymous

Do you have any legal authority for that? I cannot find anything that says that a Special Administrator can file an Action on behalf of the estate pro se.

Anonymous
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Anonymous
June 24, 2024 1:09 pm
Reply to  Anonymous

civil (wrongful death) action*

Anonymous
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Anonymous
June 24, 2024 1:23 pm
Reply to  Anonymous

Unpublished but this might help. In re Estate of Klein, No. 57259, 2011 Nev. Unpub. LEXIS 864, at *1-2 (Apr. 26, 2011)

In Salman v. Newell, this court held that “no [*2] rule or statute permits a [nonlawyer] to represent any other person, a company, a trust, or any other entity” in either the district court or this court. 110 Nev. 1333, 1336, 885 P.2d 607, 608 (1994). Additionally, an entity such as a trust may not proceed in proper person before this court. See id.; Guerin v. Guerin, 116 Nev. 210, 214, 993 P.2d 1256, 1258 (2000). Here, Brown, a nonlawyer and executrix of the Estate, has filed a notice of appeal on behalf of the Estate. As Brown cannot represent the Estate in this court, her notice of appeal is the product of the unauthorized practice of law and it fails to confer jurisdiction on this court. Guerin, 116 Nev. 210, 993 P.2d 1256. Thus, we grant respondents’ motion to strike, and direct the clerk of this court to strike the notice of appeal in this matter. Accordingly, as we lack jurisdiction, we dismiss this appeal

Anonymous
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Anonymous
June 24, 2024 12:35 pm

wtf what Ford thinking?

Anonymous
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Anonymous
June 24, 2024 1:09 pm
Reply to  Anonymous

No one accused him of being a brilliant legal mind.

Anonymous
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Anonymous
June 24, 2024 2:03 pm
Reply to  Anonymous

If they did it could be a negligent misrep.

Anonymous
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Anonymous
June 24, 2024 2:09 pm
Reply to  Anonymous

don’t think the “plan” was to actually get convictions or win. Instead….. they wanted headlines and talking points.

Anonymous
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Anonymous
June 24, 2024 2:48 pm
Reply to  Anonymous

Then why storm out vowing immediate appeal? He must have been genuinely surprised by the outcome even though it was an obvious and foregone conclusion. I think this is what you get when your top appointees are friends and political appts instead of competent practitioners.

Anonymous
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Anonymous
June 24, 2024 2:54 pm
Reply to  Anonymous

Because he was in front of Holthus who would convict a ham sandwich. Hence why Ford showed up to a hearing that one of his buddies/associate AGs could easily handle. Rick Wright did a masterful job of working completely around the incompetent AGs in the case.

EDIT: To avoid any doubt for thwackage purposes, the “AG” to which I am referring is the attorney general and that that other attorney who leads to the thwacks on this page.

Anonymous
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Anonymous
June 24, 2024 4:12 pm
Reply to  Anonymous

Remember during the campaign when Ford was asked about criminal law and he could not give an answer? Why not make him the state’s top prosecutor?

Anonymous
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Anonymous
June 26, 2024 6:59 am
Reply to  Anonymous

Yeah, he thought the fix was in. . . . again.

Anonymous
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Anonymous
June 24, 2024 8:21 pm
Reply to  Anonymous

Someone high up in the party told me that he only filed because deep pocket Dems were getting mad at him for not filing. Maybe he did it in a way that placated them and set it up for dismissal past the Statute of Limitations.

Anonymous
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Anonymous
June 25, 2024 8:25 am
Reply to  Anonymous

So he wants to please donors by looking entirely incompetent?

Anonymous
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Anonymous
June 24, 2024 1:10 pm

The real discussion should be about restraining orders themselves; how they’re frequently misused and abused and how courts in every state are so lax about issuing them.

Every two bit shit eating divorce lawyer knows that the best way to get a husband to surrender everything in divorce negotiations is to get him out of his home and away from his kids. It’s part of the playbook, and it’s shitty af.

Anonymous
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Anonymous
June 24, 2024 2:11 pm
Reply to  Anonymous

In my experience, the TPO court here in Clark County depends as much on the attorney as it does on the facts. Watched a hearing master (now judge) berate a victim because she did not investigate why dad was violating that hearing master’s own order. The rules on TPOs expressly say to immediately call 911 and that is what she did. Not good enough for that hearing Master. Mom got yelled at in open court and completely shut down.

Anonymous
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Anonymous
June 24, 2024 2:28 pm
Reply to  Anonymous

Man, imagine being a TPO hearing master. Those folks have to be absolutely desensitized to things that would shock/alarm other attorneys.

Anonymous
Guest
Anonymous
June 24, 2024 4:10 pm
Reply to  Anonymous

In the Dylan Houston case did you hear Bill Henderson say multiple times(on tape) that yes he knew Houston violated numerous orders, including behavior orders, but what can he really do to stop it? Well spineless judges can do a great deal to stop violators, but too often, they look the other way.

Anonymous
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Anonymous
June 24, 2024 6:17 pm
Reply to  Anonymous

Tell me you don’t practice family law without telling me

Anonymous
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Anonymous
June 25, 2024 10:42 am
Reply to  Anonymous

Behavior orders in family court are facially unconstitutional. I have had just about every single family court judge tell me that they are not really enforceable. They’re a joke designed to cajole the uninformed into acting like adults when dealing with their co-parent. The informed and/or the abusive do not care and do not follow them. They absolutely are unenforceable and considering that Henderson was dealing with a case involving at least five attorneys in some capacity or another, there was no way any of them were going to be held in contempt because it would have been an immediately appeal.

Anonymous
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Anonymous
June 24, 2024 5:03 pm
Reply to  Anonymous

Domestic Violence is like Pornography. I know it when I see it. Domestic violence is not the one off. It is a history of incidents that occur between a couple in a meretricious relationship.

See NRS 33.018  Acts which constitute domestic violence; exceptions. which states in pertinent part below.

1.  Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:

(a) A battery.

(b) An assault.

(c) Coercion pursuant to NRS 207.190.

(d) A sexual assault.

(e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a permit.

(7) Injuring or killing an animal.

(8) Burglary.

(9) An invasion of the home.

(f) A false imprisonment.

(g) Pandering.

I don’t like the law to be used for nefarious purposes or to get a seeming upper-hand in a case. The only focus in granting a TPO should be did an act of domestic violence occur? Is there an existing imminent harm or threat of harm?

Its about safety not about gamesmanship.

If there are children in common, if the TPO is granted, more often than not, visitation is ordered. A prepared TPO commissioner will query whether the children are in harm’s way. Often times the children are witnesses of the domestic violence. They may have been emotionally and mentally harmed, but not physically harmed, thus, the granting of visitation. If the TPO Commissioner finds that the children are in harm’s way for whatever reason, then visitation may be denied temporarily.

Nevada law does not have consequences for domestic violence outside of the items enumerated above.

The standard is “to the satisfaction of the Court.” This is one of the lowest standards under the law.

However, the current trend is that an applicant needs to provide evidence of domestic violence above and beyond he said she said.

It’s difficult to prove domestic violence because it is rare that there is a witness or any type of evidence.

Anonymous
Guest
Anonymous
June 24, 2024 3:08 pm

Feeling very discouraged. To fail when you know you can do better is one thing, but to fail when you are giving it your all is a special form of discouragement. At least with the former you can draw hope from untapped capacity.

Clients are angry and/or ungrateful. It is very frustrating. I am not considering harming myself, so do not worry. I am just very discouraged.

Anonymous
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Anonymous
June 24, 2024 3:24 pm
Reply to  Anonymous

I’m sorry AG Ford, things will get better. But seriously, good and bad clients come and go, don’t beat yourself up

Anonymous
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Anonymous
June 24, 2024 4:05 pm
Reply to  Anonymous

Such ingratitude says more about them than it does about you.

Anonymous
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Anonymous
June 24, 2024 6:18 pm
Reply to  Anonymous

I’ve been there. Sorry. There are also days when you do good work and get good results. I don’t know the answer, but I hope you know you’re not alone.

Anonymous
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Anonymous
June 24, 2024 8:23 pm
Reply to  Anonymous

Someone we win when we shouldn’t and sometimes it is the other way around. It really can get you down, you’re not alone in that.

Anonymous
Guest
Anonymous
June 24, 2024 4:19 pm

For the criminal defense attorneys here (and maybe prosecutors) – if two people agree to a street race, and one of the drives loses control and hits a tree and dies, why would the drive of the other car be legally responsible? (question triggered by this RJ article : https://www.8newsnow.com/news/local-news/man-dies-in-crash-after-dodge-maserati-race-on-las-vegas-street-early)

It’s felony reckless driving to cause the death of someone, but the felony murder rule only applies if the crime itself was a felony so they can’t be using that – reckless driving becomes a felony due to a death so the underlying crime itself is not a felony with out a death. Why not add a conspiracy to commit reckless driving while they’re at it?

Anonymous
Guest
Anonymous
June 24, 2024 4:39 pm
Reply to  Anonymous

I don’t know anything about the case and didn’t even read your comment all the way through but probably because of this: https://www.leg.state.nv.us/nrs/nrs-484b.html#NRS484BSec653

Anonymous
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Anonymous
June 25, 2024 12:27 pm
Reply to  Anonymous

Yes that I know. That’s pretty much the issue I’m trying to figure out. What he and the other driver did, was of course reckless driving (racing on a public street.) However, the person who died was the other driver not a pedestrian or an innocent bystander. They’re charging him with the death of another person who was also racing and reckless driving per statute. The guy didn’t hit the other driver’s car causing him to wreck – the other guy who died was driving recklessly and he lost control of his own car and died, yet they charge this guy with his death. That’s what my question is – it sounds like they’re saying that the other guy wouldn’t have died if he hadn’t himself been driving recklessly, and he wouldn’t have been driving reckless but for this guy racing him, so this guy is the one responsible for the other racer guy’s death. Seems a stretch when reckless driving, without death, is a misdemeanor.

Anonymous
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Anonymous
June 24, 2024 5:13 pm

Setting aside the practical implications, am I as attorney ethically prohibited after a case is over from writing the judge and telling them their rulings were wrong and clearly evidence either a bias or incompetence?

Anonymous
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Anonymous
June 24, 2024 6:37 pm
Reply to  Anonymous

Just send a copy of the email to OC too

(Not legal advice)

Anonymous
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Anonymous
June 24, 2024 9:29 pm
Reply to  Anonymous

Lol NO. Read Rule #1. https://constitution.congress.gov/constitution/amendment-1/ – Also good advice on the non ex parte.

Anonymous
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Anonymous
June 25, 2024 8:24 am
Reply to  Anonymous

As long as you’re willing to preempt that judge for the rests of their/your career. Oh, and cc: opposing counsel.

Anonymous
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Anonymous
June 25, 2024 3:48 pm
Reply to  Anonymous

Isn’t that what reconsideration and appeals are for?

Last edited 21 days ago by Anonymous
Anonymous
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Anonymous
June 27, 2024 2:17 pm
Reply to  Anonymous

Yeah, right.

Anonymous
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Anonymous
June 25, 2024 6:45 pm
Reply to  Anonymous

What judge?

Thorne
Guest
Thorne
June 24, 2024 11:41 pm

Whatever happened to this investigation???