- Quickdraw McLaw
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We weren’t going to post today, but this Nevada Independent article on the Nevada Supreme Court’s case backlog being at its lowest level in five years is just begging for a comment section. Thoughts? Any facts or other important considerations you think are missing from this article? Do you think more judges on the Court of Appeals would make a difference? Do you think the Court of Appeals should be able to author opinions that create precedent? Would any of that make a difference in the backlog?
It is the lowest, because Nevada Supreme Court does not read the briefs.
Churning out decisions. Furthermore much of the backlog were SFR type decisions on HOA foreclosures that are almost done working their way through the system and for which the Court is largely just rubber stamping decisions.
When you can’t move a case forward with discovery or trial you have less appeals. I am not sure, but I bet appeals being filed were the lowest they have been in years too.
But we are naming strip joints after Jim Hardesty and erecting a pigeon bench for Mark Gibbons for being Nevada Supreme Court aholes.
Based on the quality of Ct of App decisions I am against the same having authority to issue opinions of precedential value. In fact, I might suggest that the opinions come with a specific disclaimer that the same are of no precedential value and that the citations in the opinion should be taken with a shaker full of salt.
Well, there you go. Five posts about our appellate courts, five haters. Good job, smartaleks, embarassing the rest of your legal brethren and sisters to think that you are among us. . .
Yes, it is embarrassing to think that our appellate courts suck when they do.
I guess am the sixth hater, because the Nevada Court of Appeals is a joke.
Wah wah wah. Bitch bitch bitch. Whine whine whine. How pathetic can you get?
I am a lawyer and a voter who is smart enough to know what pos the appellate courts in this state are, so I will whine and bitcoin bitch to the ballot box to vote party confused Jerry Tao out along with the others.
"I am a lawyer and a voter…" Way to let people know they can ignore the rest of your statement.
You also missed a prime opportunity to pull of the trifecta of lawyer, voter, taxpayer. The trifecta of self-importance.
1:24, there is nothing wrong with the above post. People are allowed to express their opinions. Defensive much?
Yeah…the back log is their own damn fault and the opinions out of both courts are garbage. I guess you can add me to the whiner list as well.
I too am going yo take a seat on the Mark Gibbons pigeon poop bench with my fat ass on it. I am glad that the Nevada Supreme Court thinks so highly of themselves when their number one job is to carry out personal vendettas against small firms on state time that tax payers pay for.
To
Interesting that the vote is 8 critical of the Nevada appellate courts and 2 arguably in support of the same. No matter how you cut it, the Nevada appellate courts appear to have some PR issues and most likely a quality issue. Hopefully, with the new crop of Clark County district court judges we might start getting some actual unbiased rulings. Hopefully, the new crop of females will have some cajones that their male predecessors lacked and start actually pulling the trigger on some dispositive motions. We shall see.
Appellate work isn't my main area of practice, but I have had my fair share of appeals over the years. Won some, lost some. I have found most of our Justices to be able and fair minded, even if I don't necessarily agree with them. There is one Justice, however, who is certainly intelligent but holds himself out in much greater esteem than his actual abilities – Justice Hardesty. He is also abrasive, rude and condescending. But, all things considered, one out of seven isn't bad, I suppose.
aba daba, nevada court of appeals, no. They make up shit as they go. Nevada Supreme Court is slightly better, not much. Cadish and Pickering, awful. The only two who are decent and Stiglich and Parraguirre.
11:44 — WOW! Your post is real knucklehead stuff.
Huh?
Has any Justice had a quieter, less noteworthy career than Parraguirre? I mean what a complete non-factor on the Court.
are
We received the following from Marc Randazza:
Our firm is taking an appeal to the Nevada Supreme Court.
I think if you review this brief, you will see that there is a gross institutionally racist and sexist wrong that must be corrected.
The short version: Ms. Williams felt that she was treated in a racist and sexist manner by a real estate agent. She reported this. The real estate agent sued her for defamation. The Nevada Anti-SLAPP statute applies if the statement was true or made without knowledge of its falsity.
The lower court held that Ms. Williams could not possibly have been telling the truth, because that court did not see what was racist or sexist about what was said to her. The comment was, perhaps on its surface, innocuous — that perhaps she would “be successful one day.” This is just as innocuous as complimenting a Black woman on “how articulate she is.”
The point of the case is not whether it was racist or sexist or not. It is entirely possible that the realtor had no such feelings at all. But, Ms. Williams sincerely felt that it was, and the Court told her that she was lying and that she could not possibly have even felt that way. And, since they made that determination, the effect was to deprive Ms. Williams of the ability to end the case. If this case stands, she will need to face trial for “falsely” claiming that she felt demeaned as a Black woman.
The kernel of this issue is on page 17 of the brief.
If you or anyone you know are interested in participating as an amicus, the deadline to file an amicus brief is Monday, January 4, 2021.
The brief is here https://randazza.com/wp-content/uploads/20-46718.pdf
I was a big fan of Randazza a few years ago, but I heard he was in serious hot water for some things he had done. Did all that stuff get resolved or what?
It is a Judge Hardy decision. It is racist and biased to the core.
Total fan of Randazza, but I think he should tone things down so he is not a target of haters. But hey, that is not how he is built, so despite my advice he will do what he always does. But without people speaking up that would also be a gross injustice. As we can see the country is divided and you could be Mother Teresa and have haters right now.
this does not surprise me. a friend of mine is going through a similar situation with a judge now. this crap should be reported and not tolerated.
PSA: Published opinions from the court of appeals are citable precedent. Only unpublished orders are not.