Tuesday, July 10, 2018

State-Sponsored Executions


  • President Trump's nominee to replace Justice Kennedy is former Kennedy clerk Brett Kavanaugh. [SCOTUSblog]
  • Senator Heller will support the nomination while Senator Cortez-Masto is undecided. [TNI]
  • Here's more on the Gamages and their link to the death of a police informant. [RJ]
  • AG Adam Laxalt will not file charges against an embattled rural county sheriff, but he also won't campaign with him. [TNI]
  • Justice of the Peace Sam Bateman orders trial for two accused in murder of local teen. [RJ]
  • Kim Sinatra is out as general counsel at Wynn and now the question is whether she should receive severance pay. [RJ]
  • The maker of one of the drugs planned for Scott Dozier's execution doesn't want it used in state-sponsored executions. [TNI]
  • Do survivors get any closure from an execution? [Nevada Current]

33 comments:

  1. Is that Gamage's real hair or a chipmunk on his head?

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  2. Amy Gamage used to be partners with Brian Dziminski, that is scary.

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    1. He had the hots for her in law school. That was a wise business decision.

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  3. Hope folks won't sit idly by while the State bar attempts to force the mandatory malpractice requirement. This needs to be stopped in its tracks before it is too late. Hope others will put their name on the joint petition. It is that easy. No special effort required to submit your opposition.

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    1. what joint petition?

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    2. From yesterday's blog. See below:

      If you haven't checked out the comments from Friday's post, be sure to get caught up on some of the discussion regarding mandatory professional liability insurance. A proposed Joint Opposition against the Board of Governors' petition to impose mandatory malpractice insurance is being circulated ahead of the the Court's July 11, 2018, 5 p.m. deadline. Anyone interested in joining those opposed to the rule petition should email mo[@]lawmrh.com (remove the brackets from the address) ASAP for particulars and to add your name to the opposition.

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    3. How do folks show support for the requirement? I am all for it.

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    4. Same way that you show Opposition.

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    5. 12:53,

      But submitting comments by July 12, and showing up to the hearing on July 19.

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  4. Doesn't Gamage know that calls from the jail are monitored? I guess he does now.

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    1. He is a top criminal defense attorney.

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  5. I just hope Amy Gamage is alive. These people sound badass.

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  6. Please tell me again what a great family Bill Gamage cones from when his mother is discussing hiding evidence on a "collect call from the clark county detention center."

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  7. Does Gamage have an obligation to turn over the cell phone in a certain time frame if it was given to him by a client?

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  8. This Day in Liberal Judicial Activism—July 10

    2003—Under the Nevada constitution, the legislature cannot raise taxes except by a 2/3 vote of both legislative houses. Or so the constitution says.
    But when Nevada governor Kenny Guinn can’t get the legislature to fund his education budget, he runs to the Nevada supreme court for help. By a vote of 6 to 1, the court (in Guinn v. Legislature of the State of Nevada) somehow orders the legislature to proceed “under simple majority rule” to raise taxes. Citing the “impasse that has resulted from the procedural and general constitutional requirement of passing revenue measures by a two-thirds majority,” the court orders that “this procedural requirement must give way to the substantive and specific constitutional mandate to fund public education.” (For more, see this analysis by Eugene Volokh, who describes the ruling as “one of the most appalling judicial decisions I’ve ever seen.”) Three years later, the Nevada supreme court quietly repudiates its ruling.

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    1. The vote was 6-1 with only Bill Maupin dissenting. The decision ended the career of Nancy Becker.

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    2. But somehow, Justice Gibbons is still on the Court (despite him apparently leading the call to come up with the majority decision).

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    3. That is not what ended Becker's career.

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    4. Pretty sure Becker went on to work in appellate division for Clark County DA's office and still now sits as a senior judge. Not sure her career ended in 2003.

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  9. What recommendations does anyone have for a relatively easy to use calendaring/case management program for a primarily cloud-based solo on a budget?

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    1. www.filevine.com

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    2. www.mandatorymalpracticeinsurance.com

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    3. Another vote for MyCase, unless you hope to use a mobile app. At least when I used it last year, the app sucked. It was better to access MyCase through your phone's browser. They'll also handle online / cc payment processing for competitive rates.

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    4. Well played 4:29.

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    5. Try looking at the trial orders and calendaring accordingly. Every department does it differently. If you rely on some random calendar program, you will miss your deadlines ... or file before your deadlines. But, hey, rely on the computer program and not on the papers.

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  10. Alvogen followed through on its threat and filed a complaint to stop the use of its drugs in the execution tomorrow: https://eighthjdcourt.files.wordpress.com/2018/07/alvogencase.pdf

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    1. I'll give Pisanelli Bice this: it's a creative pleading for a unique situation. But that's a lot of information and belief in one pleading, and I'm not convinced an end user of a product has any duty of honesty/disclosure/compliance to the manufacturer of the product when the product is purchased through an intermediary. Moreover, I'm still trying to figure out the specific "misrepresentation, fraud, deception or subterfuge" around which the pleading is centered.

      Separately, I chuckle at a politically charged case like this ending up in Judge Allf's courtroom. Who has the juice?

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    2. Seems like there should be some recourse if you sell a product and a buyer misuses it in a way that causes actual harm to the seller (damage to reputation, actual injury via exposure to lawsuits).

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    3. It's in front of Gonzalez now

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  11. Knock twice on the prison wall if you are accepting campaign donations.

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    Replies
    1. Alexis Plunkett gave money to Elissa Cadish's campaign.

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