Tuesday, September 25, 2018

Fair And Credible


  • Sentencing of Bill Cosby is under way in Pennsylvania. [AP News]
  • What do you think about the fact finding review of the death of Tashii Farmer yesterday? [News3LV]
  • Are you ready to discuss the proposed changes to the NRCP? [CCBA]
  • While it was discussed in the comments recently, it appears that not all of you were aware about the discipline James Pengilly got for the incident with a gun a deposition. [ABA Journal]
  • The latest on the Kavanaugh situation. [FoxNews; NYTimes]

24 comments:

  1. OBC's actions with Oengilly are to be applauded.

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  2. Six months and a day for brandishing a weapon and saying to the deponent, "Are you ready for it?"
    So misappropriating funds is worse than threatening individuals with a gun? Since when?

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    1. It was a joke. Pengilly should have been disbarred.

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  3. I have an appeal question, I have two orders, I am appealing, do I need to list both of them in the notice of appeal, or do I only need to list the latest? Thank you in advance.

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    1. When I'm uncertain about something like that (and without knowing more about the nature of your orders), my rule of thumb is to be overly-inclusive.

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    2. List every ruling, order, and judgment that you are appealing from.

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    3. Thank you, I will.

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    4. Make sure that you have a final judgment or appealable order in there.

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    5. Depends on what you are appealing, but usually any interlocutory orders merge into the final, appealable judgment and you just list that one order/judgment. Consol. Generator-Nev. v. Cummins Engine Co., 114 Nev. 1304, 1312.

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  4. Any opinions on the Cosby sentencing? Is 3 years enough?

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    1. No bail while he appeals. What is this country coming to? We lock up senior citizens who are clearly not a harm to anyone at this point as part of #metoo retribution? Ridiculous. You can sentence him as long as you want, but put him on house arrest. No reason to make him a burden on the state.

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    2. He raped someone. He should go to prison. I don't give a damn how old he is. Just plain old punishment is A-OK when someone does something as bad as that. He shouldn't get off essentially scot-free just because he happens to be old by the time he gets prosecuted.

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    3. He raped many. Rot, Cosby.

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    4. 12:44-he did a crime, he must pay. House arrest is nothing. The women he hurt must live with the violation every day of their lives.

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  5. On a gut level I agree with 1:13. But as thinking, reflective human beings in a (hopefully) advanced society, we cannot structure criminal justice sanctions based on our immediate gut desire for vengeance, or a one-size-fits-all type of approach.

    So, although on a basic level, as an individual I agree with 1:13, society must always strive to be better than the individual and the individual's natural desire to see justice served and retribution meted out.

    Again, as long as we fancy ourselves, to any extent, as an enlightened advanced society, we can never simply say that the same crime should always have the same sentence, and there should not be any other considerations.

    Age and infirmity are in fact factors to consider. This is particularly true
    if we labor under the pretense that incarceration is not purely a punitive sanction, but that there are also considerations such as rehabilitation, protecting the public, etc.

    Essentially, in some twisted sense the goals rehabilitation and protecting the public are accomplished or rendered moot. Although he's not rehabilitated in the sense that he has learned anything and acknowledges how heinous and wrong the conduct is, but due to his age and physical condition, plus everyone knowing what he did, there is almost no chance he could ever repeat such actions. So, altering his behavior, plus adequately protecting the public have probably already been accomplished. Again, not by any efforts or insight of his own, but only by operation of being of advanced years, blind, etc.

    Which kind of just leaves us with the issue of punishment and retribution. And, like it or not, our society will often consider serious health issues when considering length and type of incarceration, and age issues as well--such as far lighter sentences carved out for juveniles, and likewise often significantly reduced sanctions for those of very advanced years and declining health.

    That all said, whenever I think with my heart rather than my head(which is, unfortunately, a good percentage of the time)I feel exactly like 1:13.

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    1. This is why Question 1 is a bad idea.

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    2. This is 1:13, and I actually mostly agree with 1:35. The chance of him re-offending is probably nil. But I strongly disagree with 12:44 that he should just get house arrest, which I think is basically nothing. I think retribution is still a valid reason to impose a prison sentence, and whatever deterrent value it may also have.

      To answer the original question "Is three years enough," maybe the answer is yes, because of his age and the fact that he probably won't re-offend. I'm also sympathetic to the idea of getting him out of prison before his health is a burden on taxpayers.

      But I am doubtful if 3 years is enough to send a message generally that victims should report because their rapist will be justly punished. Balance that against the factors 1:35 states. If he were younger, 3 years would not be even close to adequate.

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  6. Not in Las Vegas, but not far away, either: Landowner closes off part of the Zion Narrows Hike, then places signs on the canyon walls advertising that it's for sale.
    https://www.sltrib.com/news/environment/2018/09/26/private-landowner-posts/

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  7. the bloggers must have died.

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    1. talk about judges, that always sparks up a convo.

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  8. https://thenevadaindependent.com/article/almost-three-score-female-nevada-lawyers-sign-on-to-letter-calling-for-thorough-investigation-of-blasey-ford-claim

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    1. And who tops the list of the Drafting Committee? A Boyd '10 alum. Hell yes.

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    2. Actually two Boyd alums.

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