A retired judge from Washoe County rejected a felon’s attempt to get a new trial due to alleged widespread corruption in the Clark County justice system. [RJ]
As end of eviction moratorium nears, lawmakers unveil bill aimed at ensuring rental assistance gets used. [TNI]
Judge Richard Boulware may order Nevada to disclose lethal injection drugs. [Las Vegas Sun]
I'm kind of surprised by the number of attorneys who seem to make appearances from home. What percentage of attorneys are working from home now? I was quite cautious with COVID, but hated working from home. Now that people either are vaccinated or have had the chance to be vaccinated, it seems like it's time to return to the office.
I have always loved going to motion hearings, waiting in a long line for an elevator, and then waiting in the department for my case to be called. There is always at least one (and often more than one) extend colloquy over a minor matter or frivolous objection. The best way ever to bill a client for a full morning.
I think the pandemic has shown that attorneys can do their jobs equally well while working from home. I think I would even consider a pay cut to continue having a hybrid work model.
I have not worked even a single day from home. I need separation of my home space and my work space. I released my receptionist, secretary and paralegal, and I work alone in a 1,2000 square foot office.
I enjoy appearing via video-conferencing. Pre-Covid, I used to do a lot of telephonic appearances in the S.F. Bay area, which saved me considerable time and money in traveling. But I always appeared from my office, never from home. And I still put on a suit for all court appearances, even if telephonic. It helps keep my in the right frame of mind.
I've always liked Andy Leavitt and consider him to be a real fine attorney.
And although I of course understand and am impressed with how loyal and supportive as he is of his family, perhaps he should adopt some degree of distance from these matters, and understand that his sister is a District Court Judge, appears to have fairly thick skin, and she can handle her own cases and fight her own battles.
So, I for one think that perhaps Andy should not lend his support in such a public manner, whereby he aggressively reports people to the State Bar based on tactics they take on cases they have before Judge Leavitt, or even based on actions involving her re-elections.
A few years back Ossie Fumo hosted a campaign fundraiser for Judge Leavitt's opponent. Andy, believing that he had been betrayed by someone who up till then had been a friend of the Leavitt family, understandably took great offense. But he may have gone a little too far when he then sent a very aggressive letter to Fumo, which made it's way to the press, and also reported the political opponent of his sister to the State Bar based on allegedly false statements the opponent had made(such as attacking the degree of trial experience Judge Leavitt had prior to taking the bench, or something like that).
And now attorneys are attempting to secure a new trial for a convicted felon facing a long sentence. It is not that unusual, in such instances, for attorneys to try to find everything they possibly can unearth in the record that may support an argument of bias or unfairness on the part of the trial court.
They may very well be merely attempting a Hail Mary Pass and there appears to be nothing of validity to their contentions(according to the Senior Judge who heard the matter).
Okay, it appears(as ruled by The Senior Judge) the lawyers made desperate, lame, arguments based on false and/or nonexistent facts. No possible judicial bias was found. The decision is fully supportive of Judge Leavitt, and clearly indicates how unimpressed the Senior Judge was with the arguments attacking her. So, it's a clear "win" for Judge Leavitt. So, let it go. It was handled in the courts.
But, instead Andy reports these attorneys to the State Bar based on arguments(losing arguments in fact)that they made in court challenging the integrity of his sister's handling of the case.
I get the anger and resentment, but he not only very publicly interjects himself in some of her battles, but he may not even let her know before hand. At least that is what has been reported. In the Fumo situation she told the press she was unaware her brother had taken those actions.
I know for a fact that Michelle Leavitt has a very thick skin and while Andy is a very nice guy, he needs to butt out.
Guest
Anonymous
May 21, 2021 6:16 pm
11:02–Ideally, he should handle it the way you suggest and be hands off.
And, yes, she can fight her own battles.
But from a purely personal and familial standpoint, one can understand why it is very difficult for him to let these very public matters entirely slide, with no input from him.
Hard to say how I would handle these situations, as you, and I, have the luxury of judging it from the sidelines with no direct personal involvement.
But with that big qualifier in place, I probably would have done at least one of the three things he did. I would like to think I would not have bothered to report these attorneys(who failed to gain a new trial) to the Bar. As you say, the courts did a great job already of eviscerating them and their arguments.
I would like to think I would not have bothered to report that political opponent to the Bar.
But I might have written the Fumo latter. Apparently, at least from Mr. Leavitts's perspective, Fumo had always been a big supporter of the Leavitt family in general, including Judge Leavitt(as well as the prior Judge/Justice Leavitt, who of course was her dad).
So, the hosting of the fundraiser of the opponent seemed to be real shock, and a seeming act of betrayal to him. So, if that's the way it was, and how it was perceived, I understand the sending of the letter.
Guest
Anonymous
May 21, 2021 6:28 pm
Re: Rental Assistance
Blaming landlords. Say that the landlord and the tenant qualify for rental assistance. The tenant is not currently employed. Why would the LL accept the rental payment is their is a string attached requiring the LL to let the tenant stay for a future defined period during which the T will not be able to pay rent.
Also, I understand that the CARES Act will only provide rental assistance through the end of June. The eviction moratorium ends May 31. Eviction mediators have been informed that that program is only funded for the 30 days of June.
Guest
Anonymous
May 21, 2021 8:15 pm
Marlon Brown is suing Craig Mueller for committing malpractice in his underlying criminal case.
A-20-820231-C | Marlon Brown, Plaintiff(s) vs. Craig Mueller, ESQ, Defendant(s)
I noted that Mueller's Answer did not have any Affirmative Defenses nor did it possess a request for attorneys fees and costs.
Guest
Anonymous
May 21, 2021 10:24 pm
I am a former deputy DA who used to try cases against Mueller. I will give Marlon Brown fair warning: Having a trial against Mueller is a memorable adventure:
He shows up at his convenience, armed with a yellow legal pad, a pen and a police report. He usually relies on the exhibits and graphics produced by the prosecution. Sometimes even insists that the prosecutor operate the overhead projector for him.
His opening and closing arguments are a finely tossed Caesar Salad—and that is before he gets to the conspiracy theories.
Guest
Anonymous
May 21, 2021 11:32 pm
On his Website, Mueller claims to have had 1200 trials. The great Mel Harmon only had 275 trials in 30 years. Maybe Mueller counts arraignments.
Guest
Anonymous
May 21, 2021 11:37 pm
You are right, I just checked Mel's obituary. It said: "He attended the University of Utah graduating with a bachelor’s degree in political science in 1968 followed by his law degree two years later. He joined the District Attorney’s office in Las Vegas, Nevada on Feb. 7, 1968. For almost 30 years he served in the Major Violators Unit where he handled 275 felony and murder trials."
Guest
Anonymous
May 21, 2021 11:49 pm
Not only does Mueller claim to have had 1200 trials, he brags that he had 950 wins!
I assume he is saying that every time he went to a criminal trial and then resolved it before trial (which is 90% of the time), that counts as a 'trial.'
I know Craig and I am betting that he is calling Preliminary Hearings as Trials.
Guest
Anonymous
May 22, 2021 7:39 pm
Was a DA in another jurisdiction. I question whether any Deputy DA averaged 10 trials a year times 30 to arrive at or near 275 trials. Most major vioaltor prosecutors get a maximum of 10 murders usually murder ones in a given year. They actually try one case a year. Seriously, I think that number is way off. 275 felony trials in 30 years (non murder) maybe. In my previous DA experience in a neighborhood state, I kept track of statistics for the office and for training purposes. The DAs office and PDs office here try far fewer cases than proseuctors in Florida, California and Utah. Most murder cases ultimately result in pleas to an agreed upon sentence. Far fewer cases in Nevada went to trial years ago than in recent times excluding the Covid shutdown. There are about 200 or so murders a year in Clark County. Not all of them are solved or result in submittals.
I'm kind of surprised by the number of attorneys who seem to make appearances from home. What percentage of attorneys are working from home now? I was quite cautious with COVID, but hated working from home. Now that people either are vaccinated or have had the chance to be vaccinated, it seems like it's time to return to the office.
I have always loved going to motion hearings, waiting in a long line for an elevator, and then waiting in the department for my case to be called. There is always at least one (and often more than one) extend colloquy over a minor matter or frivolous objection. The best way ever to bill a client for a full morning.
Let's hope the judges have learned that at least 90% of court appearances can be made from the home or the office via Zoom.
I think the pandemic has shown that attorneys can do their jobs equally well while working from home. I think I would even consider a pay cut to continue having a hybrid work model.
I have not worked even a single day from home. I need separation of my home space and my work space. I released my receptionist, secretary and paralegal, and I work alone in a 1,2000 square foot office.
I enjoy appearing via video-conferencing. Pre-Covid, I used to do a lot of telephonic appearances in the S.F. Bay area, which saved me considerable time and money in traveling. But I always appeared from my office, never from home. And I still put on a suit for all court appearances, even if telephonic. It helps keep my in the right frame of mind.
@109. Suit coat and shirt and tie OVER my shorts and flip flops. Thats how I do it, pandemic or not.
Our office is still remote and we intend to stay that way for the foreseeable future.
1:35, your beard is showing
That's because I am not a "maskhole"
I've always liked Andy Leavitt and consider him to be a real fine attorney.
And although I of course understand and am impressed with how loyal and supportive as he is of his family, perhaps he should adopt some degree of distance from these matters, and understand that his sister is a District Court Judge, appears to have fairly thick skin, and she can handle her own cases and fight her own battles.
So, I for one think that perhaps Andy should not lend his support in such a public manner, whereby he aggressively reports people to the State Bar based on tactics they take on cases they have before Judge Leavitt, or even based on actions involving her re-elections.
A few years back Ossie Fumo hosted a campaign fundraiser for Judge Leavitt's opponent. Andy, believing that he had been betrayed by someone who up till then had been a friend of the Leavitt family, understandably took great offense. But he may have gone a little too far when he then sent a very aggressive letter to Fumo, which made it's way to the press, and also reported the political opponent of his sister to the State Bar based on allegedly false statements the opponent had made(such as attacking the degree of trial experience Judge Leavitt had prior to taking the bench, or something like that).
And now attorneys are attempting to secure a new trial for a convicted felon facing a long sentence. It is not that unusual, in such instances, for attorneys to try to find everything they possibly can unearth in the record that may support an argument of bias or unfairness on the part of the trial court.
They may very well be merely attempting a Hail Mary Pass and there appears to be nothing of validity to their contentions(according to the Senior Judge who heard the matter).
Okay, it appears(as ruled by The Senior Judge) the lawyers made desperate, lame, arguments based on false and/or nonexistent facts. No possible judicial bias was found. The decision is fully supportive of Judge Leavitt, and clearly indicates how unimpressed the Senior Judge was with the arguments attacking her. So, it's a clear "win" for Judge Leavitt. So, let it go. It was handled in the courts.
But, instead Andy reports these attorneys to the State Bar based on arguments(losing arguments in fact)that they made in court challenging the integrity of his sister's handling of the case.
I get the anger and resentment, but he not only very publicly interjects himself in some of her battles, but he may not even let her know before hand. At least that is what has been reported. In the Fumo situation she told the press she was unaware her brother had taken those actions.
I know for a fact that Michelle Leavitt has a very thick skin and while Andy is a very nice guy, he needs to butt out.
11:02–Ideally, he should handle it the way you suggest and be hands off.
And, yes, she can fight her own battles.
But from a purely personal and familial standpoint, one can understand why it is very difficult for him to let these very public matters entirely slide, with no input from him.
Hard to say how I would handle these situations, as you, and I, have the luxury of judging it from the sidelines with no direct personal involvement.
But with that big qualifier in place, I probably would have done at least one of the three things he did. I would like to think I would not have bothered to report these attorneys(who failed to gain a new trial) to the Bar. As you say, the courts did a great job already of eviscerating them and their arguments.
I would like to think I would not have bothered to report that political opponent to the Bar.
But I might have written the Fumo latter. Apparently, at least from Mr. Leavitts's perspective, Fumo had always been a big supporter of the Leavitt family in general, including Judge Leavitt(as well as the prior Judge/Justice Leavitt, who of course was her dad).
So, the hosting of the fundraiser of the opponent seemed to be real shock, and a seeming act of betrayal to him. So, if that's the way it was, and how it was perceived, I understand the sending of the letter.
Re: Rental Assistance
Blaming landlords. Say that the landlord and the tenant qualify for rental assistance. The tenant is not currently employed. Why would the LL accept the rental payment is their is a string attached requiring the LL to let the tenant stay for a future defined period during which the T will not be able to pay rent.
Also, I understand that the CARES Act will only provide rental assistance through the end of June. The eviction moratorium ends May 31. Eviction mediators have been informed that that program is only funded for the 30 days of June.
Marlon Brown is suing Craig Mueller for committing malpractice in his underlying criminal case.
A-20-820231-C | Marlon Brown, Plaintiff(s) vs. Craig Mueller, ESQ, Defendant(s)
Both representing themselves…Poor Judge Gonzalez
Are you saying, "The blind leading the blind?"
I noted that Mueller's Answer did not have any Affirmative Defenses nor did it possess a request for attorneys fees and costs.
I am a former deputy DA who used to try cases against Mueller. I will give Marlon Brown fair warning: Having a trial against Mueller is a memorable adventure:
He shows up at his convenience, armed with a yellow legal pad, a pen and a police report. He usually relies on the exhibits and graphics produced by the prosecution. Sometimes even insists that the prosecutor operate the overhead projector for him.
His opening and closing arguments are a finely tossed Caesar Salad—and that is before he gets to the conspiracy theories.
On his Website, Mueller claims to have had 1200 trials. The great Mel Harmon only had 275 trials in 30 years. Maybe Mueller counts arraignments.
You are right, I just checked Mel's obituary. It said: "He attended the University of Utah graduating with a bachelor’s degree in political science in 1968 followed by his law degree two years later. He joined the District Attorney’s office in Las Vegas, Nevada on Feb. 7, 1968. For almost 30 years he served in the Major Violators Unit where he handled 275 felony and murder trials."
Not only does Mueller claim to have had 1200 trials, he brags that he had 950 wins!
I assume he is saying that every time he went to a criminal trial and then resolved it before trial (which is 90% of the time), that counts as a 'trial.'
Not certain I would count a negotiated settlement as a "trial." Sounds like a gross exaggeration.
I know Craig and I am betting that he is calling Preliminary Hearings as Trials.
Was a DA in another jurisdiction. I question whether any Deputy DA averaged 10 trials a year times 30 to arrive at or near 275 trials. Most major vioaltor prosecutors get a maximum of 10 murders usually murder ones in a given year. They actually try one case a year. Seriously, I think that number is way off. 275 felony trials in 30 years (non murder) maybe. In my previous DA experience in a neighborhood state, I kept track of statistics for the office and for training purposes. The DAs office and PDs office here try far fewer cases than proseuctors in Florida, California and Utah. Most murder cases ultimately result in pleas to an agreed upon sentence. Far fewer cases in Nevada went to trial years ago than in recent times excluding the Covid shutdown. There are about 200 or so murders a year in Clark County. Not all of them are solved or result in submittals.