Lawyers Love Trials

  • Law
  • Nevada’s Cannabis Compliance Board had its inaugural meeting. [TNI]
  • The board approved a record penalty against CW Nevada, whose majority owner is attorney Brian Padgett. [TNI]
  • With the CCSD school board officially deciding to start school completely online, how are you and your firm going to deal with the repercussions? [Las Vegas Sun]
  • A man says he was discriminated against in mask dispute at local gym. [News3LV]
  • A family is suing Metro over the death of a man during BLM protests. [KTNV]
  • Las Vegas is an ideal spot for COVID-19 vaccine trials. [Nevada Current]
  • Speaking of trials, what are your predictions on resumption of jury trials?
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Anonymous
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Anonymous
July 22, 2020 5:52 pm

BLOG is sleeping in today. #dogdaysofsummer

Anonymous
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Anonymous
July 22, 2020 6:22 pm

On the Jorge Gomez case – police should just release the video. If it shows he pulled a gun then the family should lose, if it shows he did not pull a gun, then the family should win the case. Protesting with a gun is not, by itself, a problem – only if he pointed it at the police officers.

Anonymous
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Anonymous
July 22, 2020 8:13 pm
Reply to  Anonymous

I don't believe there is an LVMPD video because of all of the officers involved (amazingly) none wearing or activating cameras. The video shot by third parties shows him running after being shot with low lethal rounds but the gun never being raised.

Anonymous
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Anonymous
July 22, 2020 8:40 pm
Reply to  Anonymous

It also shows his rifle flying around recklessly while hanging from the shoulder strap, pointing every which way as he ran. Clearly not in control of his weapon.

Anonymous
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Anonymous
July 23, 2020 11:17 pm
Reply to  Anonymous

The officers pulled up in a cruiser, is there not any dash cam footage for review? As far as other cameras, they have footage showing him socializing and NOT pointing his weapon all evening, just walking all around. Once he was being shot in the butt with bean bags and running away in chaos, it would make sense he might try to steady his weapon, which would be bouncing around all over as he retreated?

anonymous
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anonymous
July 22, 2020 6:29 pm

I have a bench trial set in September and a jury trial in October. The bench trial can probably be done entirely or mostly by video conference. I'm not optimistic about keeping the October date based on how things have been going lately.

Anonymous
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Anonymous
July 22, 2020 6:42 pm
Reply to  anonymous

The two Eighth JD departments I've been to recently have been tentatively pushing jury trials to February.

Anonymous
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Anonymous
July 22, 2020 7:49 pm
Reply to  anonymous

there is no way you will have a jury trial this October. I am surprised the court has not already vacated it. You should confer with opposing counsel to just stipulate to kick everything – otherwise, you will just hurry up and wait.

anonymous
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anonymous
July 22, 2020 8:21 pm
Reply to  anonymous

11:29 here. We have a calendar call for the jury case in August; she waited until the last second to kick the previous date. If we go eleven months with no civil jury trials it will take at least another year after that to work through the backlog, if not longer.

Anonymous
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Anonymous
July 23, 2020 12:07 am
Reply to  anonymous

I have a short trial purportedly set in September. I don't understand why anyone thinks it will happen. I thought all short trials were cancelled, but….here we are.

Anonymous
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Anonymous
July 24, 2020 2:57 am
Reply to  anonymous

It's my understanding they will be working through criminal jury trials and civil will have to wait. Also, supposedly only. 0025 of 1% of civil trials ever go forward, which is why each department has 50 on each stack.

Anonymous
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Anonymous
July 23, 2020 12:26 am

As to Jorge Gomez, when there is no clear video or photos. of an incident, or incomplete and non-conclusive photos. or videos,it doesn't seem to stop people, who were not present and were not witnesses, from "knowing" what occurred, and this "knowledge" is usually controlled by their political perspective.

If we are more in line with Black Lives matter, then we simply know that he never pointed a gun. And if we are more on the side of law enforcement and the police, then we simply know that he did point a gun. The fact that we were not there, and do not have the benefits of particularly conclusive video or photographs, and any witness reports are real conflicting and incomplete, does not stop us from "knowing" what occurred.

This colors a lot of these situations including the George Zimmerman situation from Florida a few years back(the one with the neighborhood watch, cop wannabe moron, stalking the teenage African American on his way to buy skittles from a corner store). It was dark and any witnesses were a significant distance away, saw only part of what transpired and then just barely(or perhaps only saw part of the aftermath). And these few partial reports were really vague and not too consistent with each other.

But that did not prevent people from creating their own "facts" based on which side of the issue they were arguing.

As we get older, we learn that we tend not to judge life by how it is, but instead view it through the lens of how we think it is or how we would like it to be.

Anonymous
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Anonymous
July 23, 2020 12:43 am

5:26–but there is the third party video(which an above poster referenced) which seems more supportive of Gomez, but if there is any police video it has still not been released.

As to the Zimmerman case you reference, even those who tend to be on law enforcement's side as to these various cases, tend not to take up for Zimmerman as Zimmerman was not law enforcement, but, instead was, as you mention, a useless, moron wannabe cop who totally and needlessly created the situation where he felt he needed to use deadly force to defend himself.

If you are young and black, and are accustomed to being treated with suspicion or worse(and let's remember this was in Florida where some sections are hardly a beacon of enlightenment or justice)it's bad enough if you have to tolerate it from legitimate law enforcement. But when you seem to be needlessly followed at night, for block after block, by a car that appears not to be law enforcement, I can(at least somewhat) understand why that kid got frightened and then enraged, and then started grappling with Zimmerman

The moron Zimmerman totally and unilaterally created a situation where it was not unforeseeable,or even unreasonable, that this teenager would strike at him. So Zimmerman then "defends" himself(from a situation he idiotically and maliciously solely created) and this young life is lost–not at the hands of law enforcement, but by some moron that was following him simply because he was black.

Anonymous
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Anonymous
July 23, 2020 4:41 am
Reply to  Anonymous

Zimmerman was a solid neighbor helping protect his neighborhood as part of the neighborhood watch. Trayvon Martin Hoax was the final confirmation the media is on jihad. Duke Lacrosse to Martin to Ferguson.

Anonymous
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Anonymous
July 23, 2020 5:05 am
Reply to  Anonymous

Race relations problems are new? Let’s say Trevon is fake. Was George Floyd fake? Are Nazis marching fake?

Anonymous
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Anonymous
July 23, 2020 9:09 pm
Reply to  Anonymous

Yes, Floyd was fake. The cops correctly applied the departmentally approved neck restraint while waiting for the ambulance because the life time violent thug and drug addict was experiencing a drug overdose. It was the overdose that killed him. Not any restriction of oxygen or blood flow. Period.

Anonymous
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Anonymous
July 24, 2020 1:30 am
Reply to  Anonymous

2:09 do you wear your klan hood in public?

Anonymous
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Anonymous
July 24, 2020 5:29 am
Reply to  Anonymous

6:30 is part of the problem. Any argument based on facts is met with either an accusation of being a Nazi or being a Klansman. That's it. End of argument. Go back to NPR and CNN.

Anonymous
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Anonymous
July 23, 2020 4:19 pm

Who is the rote monkey who is writing the Nevada Court of Appeals opinions? Bonnie Bulla? Two different opinions, same block of language in both orders of different topics. We are getting formed, Bonnie Bulla.