The woman who ran over a nail salon manager was sentenced to 10 years in prison. [8NewsNow]
Attorney Don J. Greene weighs in on whether there may be charges for armed citizens who joined an officer in killing a man in the parking lot of gun range. [KTNV]
As the City of Las Vegas claims its employees have had enough vaccines to cancel remote work in March [TNI], Governor Sisolak lashes out at “leadership” in Clark County and establishes an equity initiative for vaccines. [News3LV; TNI]
Should people facing evictions have the right to a government-provided attorney? [Las Vegas Sun]
Should people evicting tenants have the right to a government-provided attorney?
Guest
Anonymous
February 5, 2021 8:02 pm
@11:50
If so, then logically following would be a public attorney landlords having fewer than 4 rental units, homeowners for foreclosures, auto repossession and deficiencies, any wage garnishment.
The serious answer is No.
Guest
Anonymous
February 5, 2021 8:16 pm
"The critical point is that the man had already stabbed and injured the police officer," said Green.
Any citizen may use deadly force in the defense of themselves or others. If I saw an officer being stabbed, the perp was still holding the screw driver and moving to attack again, I would not hesitate to shoot until the attack was stopped.
It is idiotic from Green to say it depends on whether the officer asked for help is a controlling factor.
Guest
Anonymous
February 5, 2021 8:29 pm
re salon sentencing – wow I'm glad I don't do criminal law – how does she only get 10-25 for killing the salon worker? I always wonder why sentences not more equitable like it seems 8-20 for DUI death is standard in NV but that one killed is forever and the families suffer forever – just wow – I'm staying with franchise agreements in my boring area of the world (I'm sure criminal defense attorneys are rejoicing)
As a criminal lawyer, if you have any soul, you are never "rejoicing" over a dead woman and another woman who is likely to lose the best years of her life for a dumb, selfish decision. There is no excuse of Whipple's actions although if you have ever seen the video it certainly appears to me that the decision to try to stop a moving automobile with her body was ill advised.
Yes the salon owner knew customer's debit card didn't go through, so what did she expect customer to do? Then salon owner intentionally throwing herself in front of a moving car was a very stupid voluntary act. Salon owner materially contributed to her own injury and demise. DUMB!
12:29 here – thank you both for thoughtful, civil answers – I stopped posting here a lot because I kept getting snoty replies, when used as intended these blogs can really be useful, thanks
1:14, I am curious how you feel about Kyle Rittenhouse? To his supporters, he is a young man (a child) who spent the day cleaning up graffiti and offering medical assistance to victims of the riots, and then was forced to defend himself when set upon by thugs with long criminal rap sheets, including raping minors; to his detractors, he is a raging right wing thug who went out looking for trouble (the medical kit was a ploy!) and killed innocent bystanders.
So, if the salon owner who throws herself in front of a car of a thief (received services and didn't pay) is at fault, what do you make of Kyle shooting armed assailants who unambiguously intended to harm him and threw themselves in front of his AR.
All joking aside, I hope the kid gets an honest trial. Media coverage has been nothing more than a high tech lynching.
Whipple pleaded to 2nd degree murder. The only sentencing options were 10-25 or 10-Life. Could the State have gotten more at trial? Yes, probably the state could have gotten a deadly weapon enhancement and perhaps a robbery charge or theft of services. The State, I am sure, spoke to the victim's family about the negotiation, and they might not have wanted to sit through a trial seeing photos of their deceased loved one. Perhaps they forgive the young woman who has, for all intents and purposes, pretty much thrown her life away or at least a good portion of it. Murder cases and sentences are not one size fits all, nor should they be. Signed- A long time criminal defense attorney who has a soul.
Local attorney Brett Whipple has been having some pretty hard times. I hope this defendant is not related to Brett, which would be piling on to his troubles. Anyone know?
Guest
Anonymous
February 5, 2021 9:06 pm
Question for the criminal attorneys: in Nevada, is it possible to tell just from the name of the crime a person is convicted of whether they are the one who "pulled the trigger" so to speak, or merely aided and abetted? For example, if they only aided and abetted, would the title of the offense be "accessory to second degree murder" or something like that?
Or is it only possible to find out by digging through the case file and reading all the gory details?
In Nevada, no, one who is charged with aiding and abetting are charged with murder just like the principal actor. You can only tell by digging in the case file. One clue, in the charging document, it will likely list the theory of murder such as by a conspiracy or aiding and abetting, but that alone will not tell you who pulled the trigger.
Thank you. I have a situation where a guy was convicted of a serious crime, but claims he was just a young dumb kid who was driving the car, and had nothing to do with the actual crime. I was hoping there might be quick way to find out if that's actually the case or not.
Guest
Anonymous
February 5, 2021 9:25 pm
They provide public defenders for those who cannot afford a criminal defense attorney. The state/prosecutor has huge resources and staff/employed attorneys prosecuting the defendant. Providing a free attorney to represent someone about to be evicted goes along the same thinking that 'landlords are rich and can afford an attorney.' Hell, if I were sued I'm not sure I could even afford myself if I had to pay me to represent me. I can't imagine how a landlord would feel when someone doesn't pay rent so the landlord doesn't have funds to hire an attorney to help with the eviction, but the person who doesn't pay rent gets a free attorney.
Yes. Great news for large corporate landlords because they have lawyers on call. Small to midsize landlords get destroyed. A form of regulatory capture. By 2030 mom and pop landlords will be gone.
Mom and Pops will be selling to those large corporate types when this moratorium is lifted. I wish they'd hold out to sell to families, but the suits will set the price for rent in the future of a single family home, because they own most of them, and it won't be going to the poor, and possibly not even to the lower middle class. Family home ownership in this state will be non-existent in the next 10 years or so because all the rental homes will be sold to them. Rents will be high enough to exclude people from being able to save to buy their own home, whether it's in a low income community, or a middle class community. Only the Anthem, Spanish Trails type of wealthy homeowner will be able to purchase a home. We have become CA where if you don't own a home now, you will be very lucky if you can buy a home.
You have to have been admitted to any bar of the US for at least three years, with no adverse disciplinary actions in the three years preceding application, and be sponsored by two people who are currently admitted.
Guest
Anonymous
February 5, 2021 9:49 pm
In the vast majority of evictions that I have been involved in, there is nothing that a defense attorney can do. I've seen about a dozen cases in which "habitability" was a legitimate defense, and a few in which a LL simply refused to accept rent from a tenant ["T"] when there were personal differences and the landlord ["LL"] simply wanted to get rid of an obnoxious T. I've seen a few self-help evictions by LLs. But by far the most common Unlawful Detainer action is very simple: Did you pay the rent? Why not? Goodbye.
Appointed attorneys or not, David Brown is evicting everyone in spite of the moratorium. If you are a tenant who wants to defeat the eviction? Prepare to file an appeal.
A staggering number are complying and are getting evicted anyway. The appellate success percentage on appeals was incredible.
Guest
atif here
February 6, 2021 5:23 pm
Immigration Lawyer Perth, Pretty good post. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your blog posts. Any way I'll be subscribing to your feed and I hope you post again soon. Big thanks for the useful info.
Guest
Anonymous
February 7, 2021 3:12 am
I wonder if this blog would entertain a thread on the Rittenhouse and Chauvin prosecutions — or as some would say, persecutions. Being old school, I am often very impressed with how our jury system has stood the test of time, with juries refusing to kowtow to popular pressures. Sure, judges can skew things with evidentiary rulings and trial objections, but there is something magical about a jury of peers hearing live testimony and taking in evidence. There is a reason big corporations and other systemic wrongdoers hate jury trials.
Ditto should the jury rule he followed the exact rules of engagement as set forth in departmental policy, and that the cause of death had absolutely nothing to do with his conduct, to wit, a drug overdose (funny enough, under CDC guidelines, his death was due to Covid).
I still believe Chauvin had a personal beef against Floyd stemming from their time together at the nightclub. Probably over a woman. We shall see how it all plays out.
Guest
Anonymous
February 8, 2021 5:54 pm
Watched the KTNV broadcast with the criminal defense attorney on the suspect who was shot and killed in the range parking lot after attacking a police officer with a screwdriver. Armed citizens joined in the shooting/killing. No charges are going to be filed. There is no reasonable likelihood of conviction on the armed citizens who assisted the police. There is no jury appeal in such a prosecution. Doubtful there will even be civil liability. Anytime a citizen is involved in a shooting or homicide they are treated like a suspect until cleared.
Guest
david
February 23, 2021 7:55 am
Thank you because you have been willing to share information with us. we will always appreciate all you have done here because I know you are very concerned with our. Domestic Violence Attorney in Albuquerque
Should people evicting tenants have the right to a government-provided attorney?
@11:50
If so, then logically following would be a public attorney landlords having fewer than 4 rental units, homeowners for foreclosures, auto repossession and deficiencies, any wage garnishment.
The serious answer is No.
"The critical point is that the man had already stabbed and injured the police officer," said Green.
Any citizen may use deadly force in the defense of themselves or others. If I saw an officer being stabbed, the perp was still holding the screw driver and moving to attack again, I would not hesitate to shoot until the attack was stopped.
It is idiotic from Green to say it depends on whether the officer asked for help is a controlling factor.
re salon sentencing – wow I'm glad I don't do criminal law – how does she only get 10-25 for killing the salon worker? I always wonder why sentences not more equitable like it seems 8-20 for DUI death is standard in NV but that one killed is forever and the families suffer forever – just wow – I'm staying with franchise agreements in my boring area of the world (I'm sure criminal defense attorneys are rejoicing)
As a criminal lawyer, if you have any soul, you are never "rejoicing" over a dead woman and another woman who is likely to lose the best years of her life for a dumb, selfish decision. There is no excuse of Whipple's actions although if you have ever seen the video it certainly appears to me that the decision to try to stop a moving automobile with her body was ill advised.
Yes the salon owner knew customer's debit card didn't go through, so what did she expect customer to do? Then salon owner intentionally throwing herself in front of a moving car was a very stupid voluntary act. Salon owner materially contributed to her own injury and demise. DUMB!
Sorry, 12:47; criminal attorneys have no souls.
"The Constitution is for a moral and religious people. It is ill suited to all else"
– Me
12:29 here – thank you both for thoughtful, civil answers – I stopped posting here a lot because I kept getting snoty replies, when used as intended these blogs can really be useful, thanks
1:14, I am curious how you feel about Kyle Rittenhouse? To his supporters, he is a young man (a child) who spent the day cleaning up graffiti and offering medical assistance to victims of the riots, and then was forced to defend himself when set upon by thugs with long criminal rap sheets, including raping minors; to his detractors, he is a raging right wing thug who went out looking for trouble (the medical kit was a ploy!) and killed innocent bystanders.
So, if the salon owner who throws herself in front of a car of a thief (received services and didn't pay) is at fault, what do you make of Kyle shooting armed assailants who unambiguously intended to harm him and threw themselves in front of his AR.
All joking aside, I hope the kid gets an honest trial. Media coverage has been nothing more than a high tech lynching.
Whipple pleaded to 2nd degree murder. The only sentencing options were 10-25 or 10-Life. Could the State have gotten more at trial? Yes, probably the state could have gotten a deadly weapon enhancement and perhaps a robbery charge or theft of services. The State, I am sure, spoke to the victim's family about the negotiation, and they might not have wanted to sit through a trial seeing photos of their deceased loved one. Perhaps they forgive the young woman who has, for all intents and purposes, pretty much thrown her life away or at least a good portion of it. Murder cases and sentences are not one size fits all, nor should they be. Signed- A long time criminal defense attorney who has a soul.
Local attorney Brett Whipple has been having some pretty hard times. I hope this defendant is not related to Brett, which would be piling on to his troubles. Anyone know?
Question for the criminal attorneys: in Nevada, is it possible to tell just from the name of the crime a person is convicted of whether they are the one who "pulled the trigger" so to speak, or merely aided and abetted? For example, if they only aided and abetted, would the title of the offense be "accessory to second degree murder" or something like that?
Or is it only possible to find out by digging through the case file and reading all the gory details?
In Nevada, no, one who is charged with aiding and abetting are charged with murder just like the principal actor. You can only tell by digging in the case file. One clue, in the charging document, it will likely list the theory of murder such as by a conspiracy or aiding and abetting, but that alone will not tell you who pulled the trigger.
Thank you. I have a situation where a guy was convicted of a serious crime, but claims he was just a young dumb kid who was driving the car, and had nothing to do with the actual crime. I was hoping there might be quick way to find out if that's actually the case or not.
They provide public defenders for those who cannot afford a criminal defense attorney. The state/prosecutor has huge resources and staff/employed attorneys prosecuting the defendant. Providing a free attorney to represent someone about to be evicted goes along the same thinking that 'landlords are rich and can afford an attorney.' Hell, if I were sued I'm not sure I could even afford myself if I had to pay me to represent me. I can't imagine how a landlord would feel when someone doesn't pay rent so the landlord doesn't have funds to hire an attorney to help with the eviction, but the person who doesn't pay rent gets a free attorney.
Yes. Great news for large corporate landlords because they have lawyers on call. Small to midsize landlords get destroyed. A form of regulatory capture. By 2030 mom and pop landlords will be gone.
Mom and Pops will be selling to those large corporate types when this moratorium is lifted. I wish they'd hold out to sell to families, but the suits will set the price for rent in the future of a single family home, because they own most of them, and it won't be going to the poor, and possibly not even to the lower middle class. Family home ownership in this state will be non-existent in the next 10 years or so because all the rental homes will be sold to them. Rents will be high enough to exclude people from being able to save to buy their own home, whether it's in a low income community, or a middle class community. Only the Anthem, Spanish Trails type of wealthy homeowner will be able to purchase a home. We have become CA where if you don't own a home now, you will be very lucky if you can buy a home.
GO CHIEFS !!
Bet the farm on Tampa Bay. Brady's a lock.
8:13 here. I hope lots of you listened to me.
How does one get licensed with the united states supreme court?
You have to be sponsored by someone already admitted to that court, for one thing.
https://www.supremecourt.gov/bar/UpdatedAdmissionInstructions.pdf
You have to have been admitted to any bar of the US for at least three years, with no adverse disciplinary actions in the three years preceding application, and be sponsored by two people who are currently admitted.
In the vast majority of evictions that I have been involved in, there is nothing that a defense attorney can do. I've seen about a dozen cases in which "habitability" was a legitimate defense, and a few in which a LL simply refused to accept rent from a tenant ["T"] when there were personal differences and the landlord ["LL"] simply wanted to get rid of an obnoxious T. I've seen a few self-help evictions by LLs. But by far the most common Unlawful Detainer action is very simple: Did you pay the rent? Why not? Goodbye.
Appointed attorneys or not, David Brown is evicting everyone in spite of the moratorium. If you are a tenant who wants to defeat the eviction? Prepare to file an appeal.
Evictions can still go forward. The moratorium is not automatic. Tenants have to take steps to qualify for it. A surprising number are not.
A staggering number are complying and are getting evicted anyway. The appellate success percentage on appeals was incredible.
Immigration Lawyer Perth, Pretty good post. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your blog posts. Any way I'll be subscribing to your feed and I hope you post again soon. Big thanks for the useful info.
I wonder if this blog would entertain a thread on the Rittenhouse and Chauvin prosecutions — or as some would say, persecutions. Being old school, I am often very impressed with how our jury system has stood the test of time, with juries refusing to kowtow to popular pressures. Sure, judges can skew things with evidentiary rulings and trial objections, but there is something magical about a jury of peers hearing live testimony and taking in evidence. There is a reason big corporations and other systemic wrongdoers hate jury trials.
Will never happen.
Blog is woke AF
Freedom of speech is done in FUSA
Get used to it Jimmy Bulger
So what happens when a jury recognizes and realizes that Chauvin is a systemic wrongdoer of the worst order? We should cheer that result right?
Your question implies the answer: of course.
Ditto should the jury rule he followed the exact rules of engagement as set forth in departmental policy, and that the cause of death had absolutely nothing to do with his conduct, to wit, a drug overdose (funny enough, under CDC guidelines, his death was due to Covid).
You see, if we stay civil, this could be fun!
7:12 has ED
I still believe Chauvin had a personal beef against Floyd stemming from their time together at the nightclub. Probably over a woman. We shall see how it all plays out.
Watched the KTNV broadcast with the criminal defense attorney on the suspect who was shot and killed in the range parking lot after attacking a police officer with a screwdriver. Armed citizens joined in the shooting/killing. No charges are going to be filed. There is no reasonable likelihood of conviction on the armed citizens who assisted the police. There is no jury appeal in such a prosecution. Doubtful there will even be civil liability. Anytime a citizen is involved in a shooting or homicide they are treated like a suspect until cleared.
Thank you because you have been willing to share information with us. we will always appreciate all you have done here because I know you are very concerned with our. Domestic Violence Attorney in Albuquerque