Monday, May 9, 2016

Mercury Rising


  • Days before a man killed his ex-wife and shot their two kids, Justice of the Peace Melanie Tobiasson denied a request to revoke his bail. [RJ]
  • Two attorneys weigh in on whether new changes will produce more transparency in LLCs. [RJ]
  • Nevada's school choice law is getting closer to oral argument. [RJ]
  • Mistakes by federal prosecutors result in them getting chewed out and giving two defendants a deal. [RJ]

37 comments:

  1. Not right to judge a judicial decision with the benefit of hindsight. In the end, a TRO probably would not have helped, and the prison/jail system is too far overcapacity. A made for media tragedy.

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    1. I'm shocked she commented to the RJ - just seems strange to have a judge comment about a case like that. That said, also can't believe people are threatening her per the latest RJ story.

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  2. The RJ seems to love to blame anybody involved in the legal field whenever there is a tragedy. Tobiasson isn't at fault for a guy shooting his baby momma, especially if the DA tried to get him remanded, she has no problems remanding defendants. If anything the DA fucked up in not arguing forcefully enough for a remand. But that's besides the point, why does the RJ have such a hard on for finding us at fault?

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    1. Perhaps due to a lack of understanding? I don't do criminal stuff and am not sure what went in to not revoking bail, but without further information my brain makes some of the same leaps to conclusions.

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    2. Because Adelson's been sued one too many times for his liking?

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    3. IN MY OPINION Sheldon Adelson has turned into a net negative for Las Vegas. He is an unwelcome oligarch IN MY OPINION.

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    4. Let me get this straight - DA says remand him, defendant says don't remand he can behave, defense attorney says don't remand he can behave, judge agrees not to remand him, most likely in part bc of pressure from county commission due to overcrowding at CCDC, then defendant murders someone and it is the DA's fault? The only person who suggested doing the one thing you are saying should have been done in the first place?

      Every time a motion or request of yours is denied it must be because you didn't argue vehemently enough. Because judges (or defendants) don't make their own decisions.

      You could work on the front lines at the RJ with that blame shifting.

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    5. Transcripts show that defendant out since Dec. In May d.a. made offer to keep him out if he waived prelim. He didn't waive and rejected offer. If he took it he'd have walked out free that day. After d.a. had to do prelim they asked to remand. When Judge asked if any threats or violence they said no. Just want remand because of forgery charge. Article was not even close to accurate. Let's hope now that they have the transcripts the real story will come out. They had no idea he'd harm her. They wouldn't have made the offer if they did. Pathetic that office didn't clear this up the second the judge was hung out to dry.

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    6. Thank you, 7:16.

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  3. https://www.bing.com/videos/search?q=wilford+brimley+diabeetis+remix&view=detail&mid=387F1C5446DE6CA88E06387F1C5446DE6CA88E06&FORM=VIRE

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    1. I... don't understand. What does diabeetus have to do with anything?

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    2. Just a friendly reminder to check your blood sugar, and check it often. I rate his creepstache a 100/100 in form, execution, and contour. It doesn't matter who's wrong or right, just diaBEATis.

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    3. wrong blog

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    4. Legal gossip and news please.

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    5. Who the fuck uses Bing?

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    6. 2:57, the same fossil attorneys who list @hotmail.com and @yahoo.com email accounts in the bar directory.

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    7. Could you BE any more offensive to people named Chandler?

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  4. The federal prosecutors in this town are a bag of dicks.

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    1. Amber is cool.

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    2. They're not all bad I shouldn't paint such broad strokes with my dick brush.

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    3. Yes you should. They are all dicks. They are largely all unethical. They produce hundreds of thousands of pages on the eve of trial/ hearings and then cry foul. They fabricate stories that they previously served it. And the Judges largely let them get away with it time and time and time again. Myrhe is the worst of the offenders.

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  5. I was an extern at the USAO. Even as a second year law student I could tell that Kim Frayn is an idiot and a shitty attorney.

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    1. The senior attorney on this case was Gregory Damm. He was rebuked by the Ninth Circuit for similar prosecutorial misconduct in 2008. See http://caselaw.findlaw.com/us-9th-circuit/1384311.html

      For those in criminal law, is this a recurrent pattern?

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    2. That's some straight-up bullshit.

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    3. This shit happens ALL THE TIME with the USAO and it never stops. Honestly its part and parcel of the AUSAs here and follows the logic of if you only are going to be called the carpet once every 8 years or 1% of the time, why not keep doing it and enjoy the spoils of 99% unchecked behavior. The Judges have the ability to stop it but the Federal system is stacked so prosecutorially favored that it will never stop. And just like in 2008 and just like in the case in front of Gordon, they just send a sacrificial lamb in to say they are sorry and that it will not happen again and then chuckle on their way out of the Courtroom. Gotta break a few eggs and crack a few skulls to keep the sense of the danger in the system.

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    4. things are definitely on the up-and-up when judge Eric Johnson was there.

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  6. So I just read the LLC article. I agree. The feds are trying to go too far. Seriously.

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    1. The article is correct that it's only a small percentage of people who are misusing the LLCs. From a public policy standpoint, why punish the good people by taking away their right to privacy when it's just a few who are the wrongdoers?

      With the panama papers info coming out today, this is going to be magnified by the media for at least the next few weeks.

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    2. Ha ha, "feds are trying to go too far"...that is true on just about everything. Ask Bundy. If Clintonista is elected, expect way more Fed overreach, after she's done checking off everyone on her naughty list ("the Fostering")

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    3. I'm a little afraid of the wrath this comment will inevitably bring, but as a guy that doesn't like being robbed, I kinda wish this guy was just in jail. Did Judge Gordon require this result? Or did the USAO just cower when they got yelled at?

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    4. Nevada always seems to get in the middle of things when there's offshore entity drama going on.

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    5. The feds should respect people's privacy. I usually hate these Nevada has gone too far articles, but this one is right on the money. The feds should butt out. Why should it be anybody's business who owns a company? It's unbelievable that this is even being discussed. Same worn out storyline.

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    6. More people died at the hands of shark bites last year than at the hands of the dreaded Nevada LLCs.

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    7. Nevada has the best LLC laws in the United States. The government can't stop that.

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  7. Yeah ask Steve Oshins. He takes credit for entity friendly laws. We are the Florida of the west coast though.

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    1. Utah is much more the Florida of the Rocky Mountain West if you are referring to home to scams and schemes.

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    2. Scams in Utah?

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