Archive for category Decisions
Order Filed in District Court in Hurst v. State of Nevada Board of Medical Examiners
Posted by Michael in Civil, Decisions, District Court, High Profile on October 1st, 2009
An order detailing the decision of the court in Hurst v. State of Nevada Board of Medical Examiners has been filed in the Eighth Judicial District Court. The order signed by Judge Kathleen Delaney determines that the Board of Medical Examiners violated the state’s Open Meeting Law, which voided an Emergency Regulation enacted by the board on Sept. 18, 2009. Judge Delaney’s order does not directly address the substantive challenges or the merits of the Emergency Regulation.
It is important to note the judge’s decision does not change the current status of the law. In a Sept. 30, 2009 article in the Las Vegas Review-Journal Dan Burns, the spokesman for Governor Jim Gibbons, says, “realistically, it doesn’t appear as though this issue is a series health threat to the citizens of the state at this moment.” The paper adds that registered nurses, doctors, pharmacists and EMTs can give simple vaccinations.
State v. Simpson: Restitution
Posted by Michael in CourtTV, Criminal, Decisions, District Court, High Profile, State v. Simpson on December 19th, 2008
District Court Judge Jackie Glass ordered all of the defendants in State v. Simpson to pay victim Bruce Fromong restitution in the amount of $3,560 for their participation in the armed robbery and kidnapping in September 2007 at the Palace Station Hotel. In addition, the Joe Montana lithographs removed from the hotel room will be returned to Mr. Fromong.
All of the other property presented as evidence in the case will be turned over in the coming weeks to the Los Angeles County Sheriff’s Civil Division as part of a turnover order signed by a California Superior Court Judge in October 2007.
Fromong had sought in excess of $100,000 for property loss and expected medical bills related to the 2007 robbery.
Document:
Judge Elizabeth Halverson Removed From Bench
This morning (Nov. 17) the Nevada Judicial Discipline Commission removed Clark County District Court Judge Elizabeth Halverson from Dept. 23 and ordered that she can never serve as a future Nevada judge.
According to the Commission’s order,”Judge Elizabeth Halverson should be and therefore she is immediately removed on a permanent basis from her elective office as district judge. By operation of law, she will not be able to seek judicial office in Nevada.”
The Commission also added to the order that Halverson’s,”antics and willful misconduct will be felt by the judicial system for a significant future period of time.”
Endoscopy Center: Judge Limits Doctor Spending
Posted by Michael in Decisions, District Court, High Profile on May 6th, 2008
Judge Allan Earl has ordered two doctors at the center of the Endoscopy Center lawsuits to obtain court approval before spending more than $50,000. The order came at the request of plaintiffs attorneys who fear assets may be spent before lawsuits can be adjudicated in the District Court.
More than 110 Endoscopy Center-related lawsuits have been filed since February 2008 following an investigation that alleged local endoscopy clinics reused syringes and vials of medicine. Judge Earl will reconsider his ruling at a hearing scheduled for 1:30 p.m. on August 26 in the courtroom of the Complex Litigation Center located at 333 Sixth Street, Las Vegas.
State v. Mack: Sentencing
Posted by Michael in Decisions, District Court, High Profile, Sentencing on February 8th, 2008
This afternoon in a Reno courtroom Judge Douglas Herndon sentenced Darren Mack to a total term of 36 years to life in the Nevada Department of Corrections. Mack will be immediately released into the custody of prison corrections officers. A set sentence of 20 years to life must be served for the murder of Charla Mack. In addition, Judge Herndon determined Darren Mack must serve a sentence of 8 to 20 years for the count of attempt murder followed by an equal and consecutive sentence of 8 to 20 years for use of a deadly weapon. Mack will receive 595 days of credit for time served.
State v. Mack: Sentencing Scheduled Feb. 7 and 8
Posted by Michael in Criminal, Decisions, District Court, High Profile, Motions on February 1st, 2008
Judge Douglas Herndon denied two motions this afternoon filed by the defense in State v. Mack clearing the way for a sentencing hearing scheduled in Washoe County at 10 a.m. February 7. The two-day sentencing hearing will allow victims, families, and the defendant to present evidence to the judge prior to sentencing.
This afternoon, Defense Attorney William J. Routsis argued that the proceedings should be stayed while he prepares an appeal to the Nevada Supreme Court of Judge Herndon’s ruling to deny Darren Mack a new trial. Judge Herndon denied the motion indicating that a challenge to his ruling can still proceed in front of the higher court without impacting on further proceedings.
In regards to the motion to continue the sentencing of Mack, Routsis argued that his client had not interviewed with the Nevada Division of Parole and Probation and that he wanted his client to have the opportunity to prepare a supplemental report. Routsis indicated he believed that Parole and Probation would recommend the maximum amount of time in prison because Mr. Mack had not interviewed with the Division. Judge Herndon indicated that the defense had been given the opportunity to interview with the Division and had chose not to attend the interview. However, even in light of that decision, Herndon indicated that he did not plan to rely on the Division’s recommendation alone and had set aside two days to allow the defendant time to tell the court directly what he wants to say and provide the judge with information prior to sentencing.
Judge Herndon indicated that in light of the the amount of time the court intends to devote to the sentencing, and in fairness to the victims and their families, he would deny the motion. Sentencing will proceed at 10 a.m. Thursday (Feb. 7) in Reno at the Washoe County Courthouse.
State v. Mack: Motion to Change Plea Denied
Posted by Michael in Decisions, District Court, High Profile on January 18th, 2008
This afternoon, Judge Douglas Herndon denied Darren Mack’s motion to withdraw his guilty plea and set sentencing for February 7 and 8 in the Reno. Mack’s attorney argued that Mack should receive a new trial due to coercion, misconduct and misrepresentations by Mack’s former attorneys.
Mack entered guilty pleas November 5, 2007, ending the trial before he could testify. Today in closing arguments, Routsis asked Judge Herndon to give Mack a new trial so that he would have an opportunity to tell his story saying Mack had been coerced by his former counsel. State Special Prosecutor Chris Lalli dismissed the claims that Mack had been coerced and said that Mack had voluntarily agreed to plead guilty.
Witness testimony was presented over the course of three days and Judge Herndon considered the issues surrounding the trial and the eventual guilty plea.
Following arguments by counsel this morning, Herndon spent nearly two hours explaining his decision in detail. He said
Kucinich v. NBC Universal, Inc. : Judge Grants Injunction
Posted by Michael in Decisions, District Court, High Profile on January 14th, 2008
Senior Judge J. Charles Thompson granted an injunction sought by Dennis Kucinich seeking to allow him to participate in the Democratic Party debate scheduled for January 15, 2008 in Las Vegas. Judge Thompson asked Kuchnich’s attorney to prepare an order for his signature.
Kucinich’s attorney argued that NBC had violated the FCC’s rules on providing equal time on nationally regulated airwaves for candidates running for public office. NBC argued the equal time requirements do not apply to debates being broadcast on cable television. In addition, Kucinich’s attorney argued NBC had breached a contract made when the Democratic Party and NBC invited Kucinich to the debate last week, then resinded the offer. NBC denied it had invited Kucinich to participate.
Judge Thompson keyed in on who made the original invitation to Kucinich and then asked both parties about the subsequent change in the lineup for the debate. In making his ruling Judge Thompson said, “If the rules changed in the middle of the game, then I am offended by that.”
Senior judges generally are assigned to preside over cases when district judges are absent or unable to preside. They are assigned by the Administrative Office of the Courts, Nevada Supreme Court.
Urbanski v. Jones: Motion Granted
A motion by the Tennessee Titans football team seeking to be released from a lawsuit filed by Clark County resident Tom Urbanski was granted by District Court Judge Jessie Walsh. Mr. Urbanski argued that the football team should remain liable for injuries caused during a fight at a local gentleman’s club.
Judge Walsh concluded the court has no jurisdiction over the Tennessee Titans and dropped them from the civil suit. “What’s happened to Mr. Urbanski is incredibly unfortunate, and I haven’t lost sight of that fact. This litigation, however, has nothing to do with the Tennessee Titans,” Judge Walsh said.
Titans football player Adam “Pacman” Jones remains a party to the lawsuit.
Price, et. al. v. Veronica Schmidt, Jury Verdict
Posted by Michael in Decisions, Deliberations, District Court, Verdict on November 20th, 2007
A District Court civil jury found Veronica Schmidt negligent in the deaths of four individuals and awarded the victim’s families $1 million for grief or sorrow and loss of companionship Tuesday (Nov. 20) evening in Department 12. Schmidt was not present for the jury’s verdict.
The civil lawsuit was brought by survivors following a March 2005 crash that killed Raquel Jimenez, Angelica Jimenez, Samantha Allen, and Reginald Williams .
The jury found the City of Las Vegas was not negligent in the accident.