Up, Up, And Away

  • Law

  • There is a civil bench-bar meeting today at noon featuring Justice Hardesty on recent administrative orders. [CCBA]
  • The family of a woman who died of an overdose, represented by Lloyd Baker’s office, has sued the City of North Las Vegas. [RJ
  • In Clark County, selling drugs that lead to death can result in murder charges (but no convictions yet). [RJ]
  • Tisha Black is throwing her hat into the ring for attorney general. [TNIRJ]
  • A Fennemore Craig (now branded as Fennemore) report finds “insufficient evidence” of gender discrimination against chancellor. [TNI]
  • Zane Floyd execution highly unlikely before key drug expires. [TNI]
  • Vegas home prices continue to rise. [Vegas Inc.]
  • Judge Ellie Roohani’s investiture ceremony will be on Feb. 23. [eighthjdcourt blog]
17 Comments
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Anonymous
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Anonymous
February 8, 2022 6:04 pm

Justice Court Judge Rebecca Kern (JC6) resigned last week. Resignation appears to abrupt with no reason given. Any news about this?

Anonymous
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Anonymous
February 8, 2022 6:16 pm
Reply to  Anonymous

I believe she was up for re-election this year and maybe she heard that she was getting an opponent. Or maybe she got a better job offer. I also heard that Judge Martin Hastings is not going to finish his term and will leave office early too.

Anonymous
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Anonymous
February 8, 2022 6:30 pm
Reply to  Anonymous

Looks like Tracy Hibbetts is running for Dept. 6.

Anonymous
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Anonymous
February 9, 2022 10:42 pm
Reply to  Anonymous

Jessica Goodey is also running for Dept. 6.

Anonymous
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Anonymous
February 10, 2022 7:14 am
Reply to  Anonymous

No thanks.

Anonymous
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Anonymous
February 8, 2022 6:14 pm

Northtown is party town!

Anonymous
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Anonymous
February 8, 2022 7:44 pm

As a closet democrat, Black won't. Can she please stop posting that Sigal is kkk, she is not.

Anonymous
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Anonymous
February 8, 2022 7:45 pm

I swear I've seen authority on this somewhere, but I can't seem to find it. Can the Court use headings on statutes to interpret them?

Thanks in advance my friends.

Anonymous
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Anonymous
February 8, 2022 7:54 pm
Reply to  Anonymous

I remember from law school there was a list of "Rules of Statutory Interpretation" somewhere. Wish could help more but Googling that or using WestLaw for it might help.

Anonymous
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Anonymous
February 8, 2022 8:33 pm
Reply to  Anonymous

11:45 AM here. I am familiar with the canons of construction. I appreciate that you brought those up 11:54 AM, but that is not exactly what I am looking for. I have this vague memory that somewhere in NRS it explicitly says that headings can/can't be used. Maybe it's a false memory?

Anonymous
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Anonymous
February 8, 2022 8:59 pm
Reply to  Anonymous

It's my understanding that you can, but only if the titles/headings are included in the legislative enactment, since the LCB has the ability to modify the headings when publishing the NRS under NRS 220.120. The Supremes acknowledged this in Lofthouse v. State, 467 P.3d 609, 613 (2020). I'm not sure if this is what you were looking for but I hope this helps.

Anonymous
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Anonymous
February 8, 2022 11:15 pm
Reply to  Anonymous

"The statutory provisions of NRS 40.451–.463 are entitled “Foreclosure Sales and Deficiency Judgments,” further supporting our conclusion that they are only available if a creditor elects to foreclose. See Nevada Power Co. v. Haggerty, 115 Nev. 353, 366, 989 P.2d 870, 878 (1999) (explaining that a statute's title can reflect legislative intent)." Forouzan, Inc. v. Bank of George, 128 Nev. 896, n. 6, 381 P.3d 612 (2012)

Anonymous
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Anonymous
February 9, 2022 5:56 pm
Reply to  Anonymous

Yeah I think 12:59 is right. It depends on whether the titles/headings were part of the actual bill that the legislature passed, or whether they were added after passage by LCB.

Anonymous
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Anonymous
February 9, 2022 6:25 am

Basically, there's "two" groups claiming to be the legitimate Democratic group and "two" groups claiming to be the legitimate Republican party, right?

Wasn't there a lawsuit recently on the Republican side about this? Who won that suit or is it still going on?

Anonymous
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Anonymous
February 9, 2022 7:16 am
Reply to  Anonymous

My understanding is that Michael McDonald's preferred group (and fellow elector cosplayer) claimed they were the True Group because they staged a parliamentary revolt or some such. The folks that were in the CCCRC said "nope, we set the time and place according to the bylaws." CCCRC sued Trump Lapdogs, trying to stop them from using CCCRC's name in fundraising and Trump Lapdogs sued CCCRC claiming they were really in charge. Judge 1 agreed with CCCRC and resigned. Judge 2 disagreed.

The CCRCC had continued to operate, basically under the premise that "If you want it, come and claim it". Based on the absurd amounts of links to Tucker Carlson currently on the CCCRC Facebook page, it looks like the Trump-wraiths succeeded.

So, as it currently stands, the leader of the NVGOP is under subpoena by Congress to give testimony why he sent a document claiming he (along with the leader of the Clark County GOP) were the duly elected presidential electors from Nevada when they were no such thing.

Anonymous
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Anonymous
February 9, 2022 6:04 pm
Reply to  Anonymous

cosplayer. well said.

Anonymous
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Anonymous
February 9, 2022 5:41 pm

I have a question on the Alvin Kamara case. Perhaps some of the criminal attorneys can answer. Kamara was arrested after the Pro Bowl so assume 5-6p. "Kamara bailed out of the Clark County Detention Center on Sunday night, and is due in court March 8, Las Vegas Justice Court records show." I have never had a client arrested Sunday night get bailed out Sunday night; they are always released the following morning. Is this normal that you are booked and released 2 hours later on felony battery?