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Elmajzoub v. Davis, NV, Report and Recommendation, Discrimination Based on Religion, 2022

Brief • May 13, 2022

Filed under: Religious Discrimination

Elmajzoub v. Davis, NV, Report and Recommendation, Discrimination Based on Religion, 2022 Case 3:19-cv-00196-MMD-CSD Document 72 Filed 05/13/22 Page 1 of 29 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 SAID ELMAJZOUB, 4 Case No.: 3:19-cv-00196-MMD-CSD Report & Recommendation of United States Magistrate Judge Plaintiff 5 v. Re: …

Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief

Article • February 15, 2022 • from CLN March, 2022

Filed under: Habeas Corpus, Death Penalty/Death Row, Actual Innocence/Claim of Innocence

Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that Samuel Howard’s claim that he is now actually innocent of the death penalty was sufficient to …

News in Brief

Article • February 15, 2022 • from CLN March, 2022

Filed under: News in Brief

News in Brief by Alabama: On December 21, 2021, two former police officers in West Blocton, Alabama, were arrested and charged with sexual assault. According to WBRC, a news station serving Birmingham, the Tuscaloosa Police Department announced that the former officers, Craig Baird Arnold, 49, and Brian Keith Whatley, 50, …

Bliss v. Corecivic, NV, Order Denying Motion to Dismiss Second Amended Complaint, Recording of Confidential Phone Calls, 2022

Brief • January 14, 2022

Filed under: Recorded Calls

Bliss v. Corecivic, NV, Order Denying Motion to Dismiss Second Amended Complaint, Recording of Confidential Phone Calls, 2022 Case 2:18-cv-01280-JAD-EJY Document 162 Filed 01/14/22 Page 1 of 11 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Kathleen Bliss, on behalf of herself, the 4 Proposed Nationwide Rule 23 …

Highway Robbers Return Money Taken from Ex-Marine The Catch? They Were Cops

Article • December 29, 2021

Filed under: Police Misconduct, Forfeiture

Highway Robbers Return Money Taken from Ex-Marine The Catch? They Were Cops by J.D. Schmidt by J.D. Schmidt While driving cross-country from Texas to California in February, retired Marine Stephen Lara was pulled over by the Nevada Highway Patrol. Little did Lara know, but he was about to become the …

Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC

Article • December 15, 2021 • from CLN January, 2022

Filed under: Ineffective Assistance of Counsel, Speedy Trial, Rejection

Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea …

Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies

Article • September 15, 2021 • from CLN October, 2021

Filed under: Administrative Exhaustion (PLRA), Habeas Corpus, Ineffective Assistance of Counsel

Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies by Dale Chappell by Dale Chappell Finding that the U.S. District Court for the District of Nevada applied the incorrect standard in denying a state prisoner’s request to stay …

Estate of Melody Morgan v. The State of Nevada, NV, Complaint, Wrongful Death, 2021

Brief • June 18, 2021

Filed under: Wrongful Death, Medical Neglect/Malpractice, Suicides

Estate of Melody Morgan v. The State of Nevada, NV, Complaint, Wrongful Death, 2021 Case 2:21-cv-01161 Document 1-2 Filed 06/18/21 Page 2 of 26 Electronically Filed 4/27/2021 3:53 PM Steven D. Grierson CLERK OF THE COURT 1 2 3 4 5 6 7 PAOLA ARMENI Nevada Bar No. 8537 Email: …

Estate of Melody Morgan v. The State of Nevada, NV, Complaint, Wrongful Death-Medical Neglect, 2021

Brief • June 18, 2021

Filed under: Wrongful Death, Failure to Protect (Wrongful Death), Suicides

Estate of Melody Morgan v. The State of Nevada, NV, Complaint, Wrongful Death-Medical Neglect, 2021 Case 2:21-cv-01161-ART-NJK Document 1-2 Filed 06/18/21 Page 1 of 26 Exhibit A – First Amended Complaint Case 2:21-cv-01161-ART-NJK Document 1-2 Filed 06/18/21 Page 2 of 26 Electronically Filed 4/27/2021 3:53 PM Steven D. Grierson CLERK …

Lopez v. Nevada Dept. of Corrections, NV, Complaint, Suicide, 2021

Brief • June 18, 2021

Filed under: Suicides

Lopez v. Nevada Dept. of Corrections, NV, Complaint, Suicide, 2021 Case 2:21-cv-01161 Document 1-2 Filed 06/18/21 Page 2 of 26 Electronically Filed 4/27/2021 3:53 PM Steven D. Grierson CLERK OF THE COURT 1 2 3 4 5 6 7 PAOLA ARMENI Nevada Bar No. 8537 Email: parmeni@clarkhill.com JEREMY J. THOMPSON …

Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute

Article • May 15, 2021 • from CLN June, 2021

Filed under: Possession or Use of Firearms

Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that “the State properly charges a defendant with only a single violation of NRS 202.360(1)(b) when it …

$1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years

Article • May 15, 2021 • from CLN June, 2021

Filed under: Settlements, Wrongful Conviction

$1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years by Dale Chappell by Dale Chappell After more than two decades behind bars for a murder he didn’t commit, Fred Steese walked into a Las Vegas courtroom on March 1, 2021, to be awarded $1.4 million by the state but …

Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife

Article • March 15, 2021 • from CLN April, 2021

Filed under: Modus Operandi Evidence

Nevada Supreme Court Reverses Conviction for Murdering Sixth Wife Due to Improper Prior Bad-Act Evidence Regarding Murder of Second Wife by Matthew Clarke by Matt Clarke The Supreme Court of Nevada reversed Thomas Randolph’s conviction for murdering his sixth wife because the trial court erroneously admitted evidence of the similar …

Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments

Article • February 15, 2021 • from CLN March, 2021

Filed under: Grounds For Withdrawal, Alford plea

Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that a district court abused its discretion when denying Jack Paul Banka’s motion to withdraw his Alford plea (North Carolina …

Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment

Article • January 15, 2021 • from CLN February, 2021

Filed under: Felon in Possession Statute, Pro Se Issues, Knowingly and Voluntarily Made

Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on September 17, 2020, that the Supreme Court’s ruling adding a “knowing” element to a statute requires automatic dismissal of an indictment that lacked that …

News in Brief

Article • December 15, 2020 • from CLN January, 2021

Filed under: News in Brief

News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …

Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation

Article • December 15, 2020 • from CLN January, 2021

Filed under: Self-representation, Adequacy, Prisoners' Rights

Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that a defendant asking a single objectionable question, without more, was insufficient reason to justify the U.S. …

Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag

Article • December 15, 2020 • from CLN January, 2021

Filed under: Search and Seizure, Searches - Inventory, Fruit of the Poisonous Tree, Suppression

Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag by Anthony Accurso by Anthony Accurso The Supreme Court of Nevada held that the district court properly suppressed evidence that resulted from an inventory search because police failed to properly inventory the defendant’s bag. Kimberly Marie Nye was …

Morris v. Aranas, et al., NV, Second Amended Complaint, Deliberate Indifference (Medical/Failure to Protect), 2020

Brief • October 8, 2020

Filed under: Failure to Treat, Failure to Protect (General), Control Units/SHU/Solitary Confinement

Morris v. Aranas, et al., NV, Second Amended Complaint, Deliberate Indifference (Medical/Failure to Protect), 2020 Case 3:18-cv-00310-RCJ-CLB Document 43 Filed 10/08/20 Page 1 of 27 Name l7J-I Ii, SFN VAGJl MJf: C!AUON Cl[Y,NV~ r27ol £;. 773 Prison Number UNITED STATES DISTRICT COURT DISTRICT OF NEVADA a.MR.LU IJ1oM r ) ) …

News in Brief

Article • July 15, 2020 • from CLN August, 2020

Filed under: News in Brief

News in Brief by California: A series of racist and anti-Muslim posts on social media allegedly has ties to a private group of active and retired San Jose Police officers calling themselves 10-7ODSJ, a reference to the police code for “off duty,” mercurynews.com reports. In June 2020, four of them …