tag:blogger.com,1999:blog-7637960526696603209.post8046697178796005429..comments2023-11-23T02:12:35.461-08:00Comments on <center>las vegas law blog</center>: People Don't Like Melaw.dawghttp://www.blogger.com/profile/12091995027411414418noreply@blogger.comBlogger49125tag:blogger.com,1999:blog-7637960526696603209.post-20119290436298098922016-10-07T13:18:07.667-07:002016-10-07T13:18:07.667-07:00Don't overthink it. NRS 51.035(2). A statement...Don't overthink it. NRS 51.035(2). A statement made by a party offered against that party is admissible. (Admission of party opponent)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-36161022222722411572016-10-07T12:06:21.005-07:002016-10-07T12:06:21.005-07:00Thank you for the warm welcome. The elites have s...Thank you for the warm welcome. The elites have stepped up their war on free speech. There is a long and glorious tradition of privacy in speech. As our founding fathers knew well, it is anonymous speech that is truly free speech. Thanks again. I look forward to being a responsible poster.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-46770030195432303912016-10-07T11:51:59.823-07:002016-10-07T11:51:59.823-07:00For those who are wondering just WTF is going on, ...For those who are wondering just WTF is going on, it appears that the RJ comments, long a source of amusement and catharsis, have apparently shut down entirely. Not content to require commenters register through facebook and thus expose themselves, the RJ has disabled the ability of the public to point out their grammatical errors, their suspicious-at-times bias, and their incorrect facts. Fare thee well, Comments. Hellooooo, RJ commenters.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-73558840485103219562016-10-07T11:15:02.817-07:002016-10-07T11:15:02.817-07:00People say "Yo, Humpty, you're really fun...People say "Yo, Humpty, you're really funny lookin'"<br />that's all right 'cause I get things cookin'<br />Ya stare, ya glare, ya constantly try to compare me<br />but ya can't get near me<br />I give 'em more, see, and on the floor, B,<br />all the girls they adore me<br />Oh yes, ladies, I'm really bein' sincere<br />'cause in a 69 my humpty nose will tickle ya rear.<br />My nose is big, uh-uh I'm not ashamed<br />Big like a pickle, I'm still gettin' paid<br />I get laid by the ladies, ya know I'm in charge,<br />both how I'm livin' and my nose is large<br />I get stoopid, I shoot an arrow like Cupid,<br />I use a word that don't mean nothin', like looptid<br />I sang on Doowhutchalike, and if ya missed it,<br />I'm the one who said just grab 'em in the biscuits<br />Also told ya that I like to bite<br />Well, yeah, I guess it's obvious, I also like to write.<br />All ya had to do was give Humpty a chance<br />and now I'm gonna do my <a href="https://www.youtube.com/watch?v=y38Ec57yMG8" rel="nofollow">dance</a>.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-39856183226551190192016-10-07T09:42:52.980-07:002016-10-07T09:42:52.980-07:00A deposition is a court proceeding, the attorneys ...A deposition is a court proceeding, the attorneys involved are officers of the court. They took an oath when they were licensed. They do not need to be sworn in. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-49488361514196221482016-10-07T09:37:55.960-07:002016-10-07T09:37:55.960-07:00The transcript speaks for itself, even without the...The transcript speaks for itself, even without the "alleged" gun draw Pengilly was being an ass during the depo. He should be sanctioned for the "dipshit" comments alone. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-14793347775781183752016-10-07T08:57:56.448-07:002016-10-07T08:57:56.448-07:00Explain how a recording from someone in jail talki...Explain how a recording from someone in jail talking with someone outside of jail can be introduced, but this can't? In a criminal case it comes in, but a civil case it can of be used for impeachment. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-14883808131507910972016-10-07T08:28:00.220-07:002016-10-07T08:28:00.220-07:00True but I still think it easily gets in. True but I still think it easily gets in. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-31775711560062429562016-10-07T08:23:48.736-07:002016-10-07T08:23:48.736-07:00Two out of the three people recorded in that trans...Two out of the three people recorded in that transcript, including the defendant in any gun case, didn't swear to anything, and weren't subject to the penalties of perjury.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-9168381711195643142016-10-07T08:20:03.090-07:002016-10-07T08:20:03.090-07:00the transcript is sworn testimony. it is not an &q...the transcript is sworn testimony. it is not an "out of court" statement. Hearsay is not an issue.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-4444656570122399102016-10-07T07:51:34.003-07:002016-10-07T07:51:34.003-07:00Wouldn't it all be excited utterances, present...Wouldn't it all be excited utterances, present sense impressions, and statements by a party opponent?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-75269232418297730892016-10-06T18:37:50.527-07:002016-10-06T18:37:50.527-07:00His statements come in as part opponent if not the...His statements come in as part opponent if not the full transcript. If need be, the reporter gets called as a witness to authenticate. And if no transcript at all, reporter can testify as to what she observed.Lawyer Birdhttps://www.blogger.com/profile/09007669866545406446noreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-45599912403925271682016-10-06T18:18:37.150-07:002016-10-06T18:18:37.150-07:00The fun gun.The fun <a href="https://www.youtube.com/watch?v=4kU0XCVey_U" rel="nofollow">gun</a>.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-2147288979693405632016-10-06T17:01:30.310-07:002016-10-06T17:01:30.310-07:00Why wouldn't it? It's his statements/admi...Why wouldn't it? It's his statements/admissions. Any other statements (i.e. by the deponent) merely add context those statements. Sure sounds like ADW so far...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-25212224280845851472016-10-06T16:59:46.691-07:002016-10-06T16:59:46.691-07:00Not so sure since the statements on the transcript...Not so sure since the statements on the transcript are self serving. It will be the direct testimony of the witnesses in any prosecution that matters. Were they in fear? Did they see gun? Were they threatened by a gun? Was the gun displayed or holstered? Was there a reference to gun holstered? The deposition was a free for all with comments made and recorded. Lawyer's arguments or factual? This will be interesting as it develops.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-71371467854699520992016-10-06T16:13:11.492-07:002016-10-06T16:13:11.492-07:00I think the transcript definitely comes in as exci...I think the transcript definitely comes in as excited utterance exception, as well as the fact that the court reporter will be an eye witness AND custodian of records of the transcript and will be able to testify to its authenticity. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-50901477218244533622016-10-06T15:40:44.966-07:002016-10-06T15:40:44.966-07:00Something is completely missing here. Let's a...Something is completely missing here. Let's assume a prosecution for a charge involving the gun. Does the transcript even come into evidence? If I am Pengilly's lawyer, I want to keep it out. If I am the developer, I want it to come in. Not so sure it comes into evidence. Something to think about. Generally, you can't bolster your own testimony. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-78233449687923385872016-10-06T15:05:39.750-07:002016-10-06T15:05:39.750-07:00Crim guy also. Agree with 2:55 with the exception...Crim guy also. Agree with 2:55 with the exception of the USAO being the place where they charge if they think that they can use their position as the 800 lb. gorilla to charge things and then not let facts get in the way of good plea. However not really germane since pretty clear that Pengilly's transgressions are all state related.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-58853930373829713052016-10-06T14:55:41.921-07:002016-10-06T14:55:41.921-07:00Crim guy, no relation to any party. Bringing a gun...Crim guy, no relation to any party. Bringing a gun anywhere isn't something to be ashamed of, it is your right to carry. SHOWING your gun in a deposition is beyond ridiculous. The explanation is even worse, that you're small and he's big? How about you don't provoke him then you douche? There is no debate as to who started the provocation if you actually read the transcript. As to assault with deadly weapon, 10:45 look at the statute before you opine on shit you clearly do not know. The DA has no problem charging things and then figuring out the rest later, the US Attorney's Office is the place where they don't charge unless it is sewn up tight.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-40799833130313199802016-10-06T14:35:14.667-07:002016-10-06T14:35:14.667-07:00 . . . Yeah. Besides, what does it mAHtter anyway... . . . Yeah. Besides, what does it mAHtter anyway?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-28307827358177927882016-10-06T14:30:38.179-07:002016-10-06T14:30:38.179-07:00Hey 12:03 and 12:46: Anything else you feel inade...Hey 12:03 and 12:46: Anything else you feel inadequate about that you want to compare sizes of?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-37266393711892825212016-10-06T14:23:32.519-07:002016-10-06T14:23:32.519-07:00What are we all going back and forth about here? ...What are we all going back and forth about here? It's simple, really. We should be ashamed to live in a world where ANYONE brings a gun to a legal proceeding -- especially a LAWYER. Please, someone -- ANYONE -- try to defend that kind of behavior. Let me hear the 2nd Amendment justifications. I can hardly wait.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-19382626388581584612016-10-06T14:07:43.182-07:002016-10-06T14:07:43.182-07:00"No baby, my other gun""No baby, my other gun"Lawyer Birdhttps://www.blogger.com/profile/09007669866545406446noreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-54668276762719515532016-10-06T13:30:00.533-07:002016-10-06T13:30:00.533-07:0010:45, maybe you think Pengilly was trying to be r...10:45, maybe you think Pengilly was trying to be romantic when he said "are you ready for it?"<br /><br />https://www.youtube.com/watch?v=krF6LpUXODcAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7637960526696603209.post-74603997813414276322016-10-06T12:52:16.817-07:002016-10-06T12:52:16.817-07:00What a douche. You only show or pull out the weapo...What a douche. You only show or pull out the weapon if you actually really need to use it. Otherwise, it is a lame intimidation attempt by a coward/wuss. MH counseling/anger management classes for sure if not a suspension. I don't know any of the parties.Anonymousnoreply@blogger.com