Overcharged

  • Law

  • BREAKING: Gov. Sisolak appoints Patricia Lee to Nevada Supreme Court. [@GovSisolak]
  • Lisa Rasmussesn, attorney for rapper Blueface says “it appears that the charges are overcharged.” [RJ]
  • Q&A with Brittnie Watkins as she takes over the Gaming Control Board chair for December’s meeting. [TNI]
  • More charges expected for trio in teen captivity case. [RJ]
  • RIP Marla Hudgens. [RJ]
  • Nevada news associations cal for “transparency and a civil relationship with media” from elected officials after the Current and Sun are excluded from Lombardo events. [Nevada Current]
  • It’s been 42 years since the MGM Grand fire. [8NewsNow]
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Anonymous
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Anonymous
November 21, 2022 7:02 pm

https://www.reviewjournal.com/investigations/a-reporters-killing-revealed-a-decade-of-robert-telles-toxic-behavior-2679171/

Question for our criminal law colleagues. At what point is it possible or advisable for Robert Telles to ask for a change of venue?

The Review-Journal is understandably very upset over the senseless murder of their colleague. They are zealously covering every angle of not only the trial, but Robert Telles' life. The coverage is overwhelmingly negative. The RJ is relentlessly hammering Telles, with no sign they are going to let up. The RJ has already written around 50 articles on Telles. It would be reasonable to think that by the time we get to trial, it will be 200+, maybe more. Would it make any difference to move the trial to some other location in the state? How overwhelming does the coverage have to be to justify a change of venue?

Anonymous
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Anonymous
November 21, 2022 7:54 pm
Reply to  Anonymous

This is a great point.

I suspect a change of venue motion will be filed and denied. I can’t think of a time when it has been granted when the defendant in a criminal case is the requesting party.

Anonymous
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Anonymous
November 21, 2022 9:57 pm
Reply to  Anonymous

Even with all of the media coverage, I'm confident they'll be able to find enough jurors in Clark County who have never heard of Telles.

Anonymous
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Anonymous
November 22, 2022 1:11 am
Reply to  Anonymous

And even if every prospective juror heard of him(which will not be the case) you will find enough jurors who indicate they will keep an open mind and not be swayed by what they have heard in the media.

Over the last few decades, it has become very difficult to obtain a change of venue based on the "jury pool is tainted due to the relentless and very broad coverage of the case" type of theory. In this day and age of 24/7 media, any high profile murder case will result in very aggressive,and extremely consistent, media coverage in the jurisdiction they occur in, and very few change of venue requests are successful.

Recently, there was discussion of the Margaret Rudin case as well as the Ted Binion case from the early 2000's. Both trials were conducted right here in Clark County, and I dare say the Ted Binion case was covered even more extensively and incessantly than this current Telles matter.

A few years back we had the Casey Anthony trial in Florida, wherein the coverage was unbelievable, but no change of venue occurred(in any other venues in Florida the people would have been just as exposed to the matter as the people in the county where it occurred). There are many other examples of similar nature.

That all said, remember the Darren Mack matter from Reno-the pawnbroker who killed his wife and tried to kill Judge Weller? I believe it got moved to Clark County courts from Washoe. But I'm not sure that was on account of huge news coverage per se. I think the Washoe D.A. was conflicted out, due to actually knowing the defendant and helping to persuade him to surrender, or something like that.

Anonymous
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Anonymous
November 22, 2022 3:19 am
Reply to  Anonymous

Will he even go to trial? Seems like too much evidence not to cop a plea

Anonymous
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Anonymous
November 22, 2022 3:18 pm
Reply to  Anonymous

There doesn't seem to be a lot to negotiate with. The State concluded that the killing didn't qualify for the death penalty.

Anonymous
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Anonymous
December 14, 2022 7:40 pm
Reply to  Anonymous

Telles should absolutely file a motion for change of venue; but it will be denied, and the Supreme Court would be unlikely to reverse a conviction based on that argument. Telles should ABSOLUTELY plead guilty; the evidence is overwhelming. But his lawyer is very weak and really doesn't know what he's doing. That lawyer, Helmick, has taken murder cases to trial where the evidence was overwhelming, and he has no idea how to develop or litigate issues. Let me be clear here: he doesn't have a clue about how to litigate a murder case. If Telles has half a brain, and I'm not sure he does, he will plead guilty.

Anonymous
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Anonymous
November 21, 2022 7:33 pm

Can we talk about the ABA ditching the LSAT. WTAF

Anonymous
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Anonymous
November 21, 2022 7:33 pm
Reply to  Anonymous

It allows law schools to keep the revenue flowing without an objective metric that they've watered down admissions standards.

anonymous
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anonymous
November 21, 2022 8:26 pm
Reply to  Anonymous

The primary losers then being the students who wind up with 100k or so in debt but can't pass the bar exam. Maybe we should just get rid of that too. Hell, just go ahead and admit anyone with a high school diploma.

Anonymous
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Anonymous
November 21, 2022 8:37 pm
Reply to  Anonymous

Any objective criteria needs to be abolished. Can't be woke without it. The proverbial stop light is green or red based on what they say.

Anonymous
Guest
Anonymous
November 21, 2022 10:00 pm
Reply to  Anonymous

12:26 How are they losers? Haven't you heard? Paying pack student loans is now optional. I mean, when was the last time anyone actually made a student loan payment?

anonymous
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anonymous
November 21, 2022 8:28 pm

I will never understand what could motivate someone to commit such a horrible act. I can't get the photos of those innocent babies out of my mind.

Anonymous
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Anonymous
November 21, 2022 8:28 pm

Who is the go to attorney to represent a doctor with respect to a Medical Board Complaint? My client is looking for counsel and I don't practice in that area. I'm hoping there is a Bill Terry equivalent for Medical Board complaints.

Anonymous
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Anonymous
November 21, 2022 8:32 pm
Reply to  Anonymous

Lyn Beggs (Reno), John Cotton (LV), David Clark (LV)

Anonymous
Guest
Anonymous
November 21, 2022 9:09 pm
Reply to  Anonymous

Lyn is great, seconding

Anonymous
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Anonymous
November 21, 2022 10:58 pm
Reply to  Anonymous

John Hunt for any of the medical licensing boards

Anonymous
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Anonymous
November 21, 2022 11:51 pm
Reply to  Anonymous

Clark is state bar – not medical boards. Hunt is a no go. Lyn is good. Patricia Daehnke is good.

Anonymous
Guest
Anonymous
November 22, 2022 1:43 am
Reply to  Anonymous

The doctor should talk to their med mal carrier. They have good med mal defense attorneys who are very practiced at dealing with the medical board.

Anonymous
Guest
Anonymous
November 21, 2022 8:39 pm

It was a tough call for Gov Sisolak but Patty Lee is a great selection to fill Justice Silver's empty seat.

I can't complain about any of his judicial appointments– SO FAR.

Anonymous
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Anonymous
November 21, 2022 10:01 pm
Reply to  Anonymous

Are you expecting him to appoint a lot more judges?

Anonymous
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Anonymous
November 21, 2022 10:39 pm
Reply to  Anonymous

We knew it wouldn't be the white straight man. It was between two women – Lee had more civil experience but Jones had more criminal law experience. At least appointing Lee means they don't have to do this again and appoint a new district court judge.

Anonymous
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Anonymous
November 22, 2022 12:04 am
Reply to  Anonymous

Patty Lee seemed like the most well-rounded applicant.

Anonymous
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Anonymous
November 22, 2022 1:05 am
Reply to  Anonymous

We should remember that the Supreme Court is about writing. Lee is a terrific writer. If Jones has issued a significant well written order since she’s been on the bench, I haven’t heard about it.

Anonymous
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Anonymous
November 22, 2022 1:48 am
Reply to  Anonymous

From the sounds of it, Lee was a good choice. That said, Sisolak does NOT have a good track record on judicial appointments in my book. Forsberg and Gibson were both appointed in family court and both were shuffled off to handle abuse, neglect, and dependency cases because neither had the demeanor or legal chops to handle domestic cases. Gibson couldn't control his temper enough to get through a single day's calendar without screaming at litigants and attorneys. Forsberg couldn't control herself or the courtroom. It was really bad and only getting worse. I know family court gets slammed (sometimes rightfully so) by other practitioners, but family court involves the most fundamental aspects of peoples' lives and the community deserves better. IMO Sisolak could have done better.

Anonymous
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Anonymous
November 21, 2022 9:09 pm

Good pick

Anonymous
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Anonymous
November 22, 2022 12:01 am
Reply to  Anonymous

Congratulations to Ms. Lee! A great pick!

Anonymous
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Anonymous
November 22, 2022 3:54 pm
Reply to  Anonymous

Patty is the right choice. Freeman would have been OK. Tiera — not so much . . .

Anonymous
Guest
Anonymous
November 22, 2022 5:30 pm

Our friends at the Utah State Bar offering 6 free mental health appointments for members and dependents with fees capped at $110 for more appointments. Here's the press release:

Utah State Bar Contracts with Tava Health for Mental Health Services
The Utah State Bar has partnered with Tava Health to offer all licensees and their dependents access to high-quality mental health services. Beginning February 1, 2023, members can access Tava's platform to select a licensed, professional mental health counselor.

Tava counselors are master’s and doctorate-level providers trained to provide assistance with a wide range of issues, including stress, work pressure, relationship issues, trauma, addiction, anxiety, depression, family issues, grief and loss, LGBTQ issues, postpartum issues, PTSD, and eating disorders.

Appointments are easy to schedule and will typically be available within five business days of Member request. Members and dependents pay nothing for the first six sessions per year.

Additional sessions beyond the six will be available at a rate of $110 per session. Tava counselors are also on network with many common health care insurance plans in Utah. The six complementary sessions reset at the beginning of each year, running from February 1 to January 31.

Anonymous
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Anonymous
November 22, 2022 6:29 pm
Reply to  Anonymous

Can they help with the fact that I'm a member of the Nevada Bar?

Anonymous
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Anonymous
November 22, 2022 6:31 pm
Reply to  Anonymous

@10:29 – I don't know if they treat self-inflicted injuries