Tag Archives: hearing

Judge leaves Nevada execution on hold, sets another hearing

Tuesday, Dec. 5, 2017|1:49 p.m.

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A judge left a condemned Nevada prison inmate’s execution on hold over issues about using a never-before-tried three-drug mix for Nevada’s very first execution in more than 11 years.

With the Nevada Supreme Court anticipated to evaluate the case and choose in coming months if Scott Dozier’s execution ought to continue, Clark County District Court Judge Jennifer Togliatti stated Tuesday she desires composed filings on other issues.

The judge set a Jan. 17 hearing date on key questions including whether federal public defenders should continue representing Dozier.

Dozier wants his execution performed, and has actually dropped all previous appeals.

But he permitted federal public protectors to challenge the untried three-drug protocol.

Dozier has been on death row at Ely State Prison since 2007 for convictions in murders in Phoenix and Las Vegas.

Nevada Supreme Court Holding Marijuana Circulation Hearing at UNLV

On Tuesday, UNLV’s William S. Boyd School of Law will play host to a critical hearing of the Nevada State Supreme Court that is expected to clarify a few of the policies around Nevada’s growing leisure marijuana industry.

Last November citizens approved Question 2, which legalized recreational marijuana in Nevada. The law officially took effect in January. Oversight of recreational pot was offered to the Nevada Department of Taxation, which has been working on developing the structure to manage the brand-new industry. The expense approved preliminary distribution rights to carry leisure pot solely to certified liquor suppliers. After 18 months, other companies would be enabled to get their own licenses. The state’s tax department has coped liquor suppliers over whether those distributors alone are capable of dealing with distribution for the brand-new market.

How did we get here?

Half a year after citizens approved Question 2, the Department of Taxation embraced a regulation in Might that laid out specific requirements for alcohol distributors to request distribution licensure. The Independent Alcohol Distributors of Nevada, or IADON, challenged this new policy in court, implicating the department of making up “ad hoc” guidelines that might weaken their 18-month “monopoly” on licensed cannabis circulation.

In June the First Judicial District Court disallowed the Department of Tax from issuing licenses to non-liquor suppliers, up until it had actually clarified its meaning for sufficiency.

In July, the department, seeking to adhere to the court’s ruling, embraced an emergency situation regulation that stated criteria to identify if alcohol suppliers on their own sufficed to serve the marketplace, inning accordance with court filings. Meanwhile, retail sales of leisure cannabis began. In July, the state saw sales of more than $27.1 million– producing $3.68 million in tax revenue that will be split in between the state’s Rainy Day Fund and its schools.

On Aug. 10, the state held a public hearing on its emergency regulation, but IADON claims that its members were not paid for due process throughout that meeting. Last month, IADON and another entity, PALIDIN LLC, attracted the Nevada Supreme Court, challenging whether administrative agencies have the power to produce emergency situation policies without evidence that “an emergency situation really exists.” The alcohol distributors hope the court will declare the emergency guideline itself invalid.

Inning accordance with the Department of Taxation, on the other hand, the district court did state that interested parties at the August hearing “were paid for the chance to present evidence and testament” which statement at the hearing “supported a need to expand the marijuana distributor certified to more than alcohol distributors.” What is UNLV’s function?

UNLV Law will host the Nevada Supreme Court on Tuesday for a hearing that will attempt to solve the claim produced by IADON. The hearing is an opportunity for law students to have a front row seat in the disputation of an important legal issue.”As far as the law school and to us at the law journal it’s absolutely exciting to have them come do this here,” says Stephanie Glantz, a third-year law student and editor in chief of the Nevada Law Journal.

As it ends up, students at the law journal are also working on a white paper to examine the legal ramifications of Nevada’s new recreational cannabis market Authored by Alysa Grimes, Beatrice Aguirre, and Brent Resh, this report, focused on deepening the courts’ and legal bodies’ understanding of key issues, ought to be released in March.

How common is it for alcohol suppliers to have any function in marijuana distribution in other states?

It’s not typical at all, and for good reason. Heather Azzi, Elder Project Counsel with the Washington, D.C.-based Cannabis Policy Project– and the author of Nevada’s initiative– states the state’s alcohol suppliers are a diverse group. Nevertheless, all have federal licenses for wholesale alcohol circulation– those licenses could be in jeopardy to liquor suppliers who aim to participate the marijuana service; a reality that the suppliers understand.

“I think a lot of the larger alcohol suppliers and maybe even a few of the smaller sized ones have believed really seriously about getting included with this,” says Azzi. “Those that currently have a very rewarding service model going probably weren’t going to take the danger.

So why did liquor companies get involved in the first place?

Azzi says more states working to legalize leisure cannabis are looking at producing self-reliance in the distribution system, to prevent tax evasion, which is much easier if one entity controls production, distribution and retail, as well as diversion– the siphoning away of items either across state lines or to target populations such as children.

The concept in turning to alcohol suppliers was that they had experience and understanding in transferring regulated items. “In the short term,” says Azzi, “it would have permitted the procedure to obtain operating very quickly with very little difficulty.”

Still, considered that medical cannabis dispensaries in Nevada do have experience transferring marijuana for medical functions, why bring liquor in at all?

“I think it’s simply a matter of timing,” says lawyer Amanda Connor, partner with Connor & & Connor, a company that represents licenses holders on the medical cannabis side, consisting of dispensaries, growing and production facilities. “When the initiative petition was prepared and getting signatures there wasn’t a robust or open medical marijuana market. They wished to integrate in some trust and make individuals feel great it would be carried safely.”

Connor and Julie Monteiro, editor of Marijuana Nurses publication, likewise suggest alcohol suppliers were composed into the initiative into assist protect funding had to actually get it on last November’s tally.

Exactly what are the crucial problems here?

The crucial problems are truly procedural ones: How does the state define “sufficiency” in determining whether liquor suppliers have the capability to supply sufficient circulation?

“If it boils down to that question it’s going to be tough for them to win on that. The tax department made its evaluation,” states David Orentlicher, Cobeaga Law practice professor of law and co-director of the UNLV Health Law Program. “The courts on these kinds of issues tend to accept the specialist agency. Is the court in a much better position to sort the facts and judge whether they’re sufficient or not? They’re going to be inclined to accept the tax department.”

He adds that IADON might have more luck on the procedural concerns concerning whether they received a fair hearing on Aug. 10 and whether the state’s stated “emergency situation” actually makes up one.

Still, even that is no assurance that their privileged 18-month window will hold. “If they win all they may get is for the tax department to redo the process in a more purposeful way,” states Orentlicher. “If they lose, they lose. If they win, it doesn’t preclude the tax department from revisiting it and say we’ll do a more fancy procedure. It may just postpone things.”

And Azzi notes that, since the ballot effort provides the Department of Taxation discretion, “at some time their decision will be deemed not an approximate choice or a capricious choice. And as soon as we get to that point the court will support that decision. And that will be completion of it.”

Exactly what occurs to the liquor suppliers?

Even if the supreme court enables the Department of Taxation to open up the application to a larger survey of interested parties, liquor suppliers will still have the ability to apply for a license. “They’re not being put out of organisation,” says Orentlicher. “They’re just losing another financially rewarding chance to expand their service.”

Nevertheless, as soon as distribution business get developed, he says, “it’s harder for a brand-new company to come in.”

Monteiro thinks about the matter in blunter terms.

“Any entity that has any federal ties need to not even be near marijuana, period,” she states. “Why is alcohol being so challenging? They have actually currently made their millions. Let the flood gates come for other individuals.”

Hearing wraps for school board member who insulted Obama

Thursday, June 29, 2017|12:30 a.m.

ALBANY, N.Y.– A decision on whether a one-time candidate for New york city guv who openly insulted former President Barack Obama must remain on a school board is anticipated in a number of weeks.

Layers finished up a five-day hearing in Albany on Wednesday.

State Education Commissioner MaryEllen Elia will make her decision on Carl Paladino’s future on the Buffalo school board after getting written briefs up until mid-July.

Fellow school board members state Paladino poorly revealed info about instructor contract settlements gone over in closed-door sessions.

But Paladino states the real reason for the action is remarks he made about Obama released in a Buffalo arts newspaper. Paladino says those remarks– including his desire that the former president die of mad cow illness– weren’t meant for publication.

Hearing for whorehouse owner set for May 17

Wednesday, Might 3, 2017|11 a.m.

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A show cause hearing has been set for May 17 to resolve a set of code offenses including six woman of the streets at one of Dennis Hof’s Nye County whorehouses.

The matter, briefly discussed by the Nye County Commission on Tuesday to set the show cause hearing, concerns claims that 6 woman of the streets out of 12 working on Feb. 11 at the Area 51 Death Valley Cathouse in Amargosa Valley did not have existing work permits or present medical exams.

Nye County codes need every working woman of the street in a brothel to complete a medical examination every 7 days and to be signed up with the Nye County Sheriff’s Workplace on a quarterly basis.

The Area 51 Death Valley Cathouse is enabled to have 5 woman of the streets working at a given time, and Hof said that only six girls were actually working– five on duty and one on standby to fill in others’ days off. The others had their cards in a drawer onsite, but were not present at the time of the February evaluation, Hof stated.

Nye County Commissioner Dan Schinhofen, who called the allegations as major as he’s seen associated with whorehouse infractions, initially wished to set the date for the program cause hearing for May 8, but time restrictions among involved departments postponed it. The county commission has actually a routinely arranged meeting on Might 16, however members said that the meeting was currently filled.

Hof faces possible suspension of his license and fines for the infractions.

Hardy holds hearing on Obama overtime proposition

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Steve Marcus

Congressman Cresent Hardy, R-Nev., goes to a Memorial Day Event at Southern Nevada Veterans Memorial Cemetery on Monday, May 24, 2015, in Boulder City.

Friday, Oct. 9, 2015|1:37 p.m.

. As your home Republican politician caucus plunged into chaos over the surprise withdrawal of Rep. Kevin McCarthy in the race to replace outgoing Speaker John Boehner, one of Nevada’s representatives found time to check out turmoil of another kind: A new regulation by the Department of Labor that Rep. Cresent Hardy said would force businesses to shoulder unjust expenses in overtime payment.

The House Small company Subcommittee on Investigations, Oversight and Laws, which Hardy chairs, held a hearing on Thursday on the new guideline.

“Small-business owners and their workers should be afraid of exactly what will be compelled on them by the Department of Labor,” Hardy stated. “Had my business been needed to make this change, my staff members could have lost their medical insurance and other benefits.”

In July, the Obama administration proposed extended overtime wage regulations to nearly 5 million white-collar workers. Presently, companies are required to pay overtime to employees who earn less than $23,660 each year.

The proposition would raise that cap to workers making less than $50,440. According to the Department of Labor, the change would impact 211,000 small businesses nationally. The threshold was last upgraded in 2004.

“A one-size-fits-all technique from Washington seldom works for our varied nation,” said Hardy. “Nothing prevents a business owner from offering advantages reflective of long hours, but we have to protect their freedom to make these choices based on their own monetary ability.” Hardy stated that it would be better for any choice on overtime to be dealt with by Congress, rather than the administration.

The new guideline might go into effect as quickly as January 2016. For more on the proposed regulations, click on this link.

Suge Knight due in court for hearing in burglary case

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Patrick T. Fallon/ AP

In this July 7, 2015, file picture, Marion Hugh “Suge” Knight sits for a hearing in his murder case in Superior Court in Los Angeles.

Thursday, Sept. 17, 2015|12:01 a.m.

LOS ANGELES– Marion “Suge” Knight is arranged to return to court Thursday for a hearing where district attorneys will information some of their proof to support a break-in case versus the former rap music magnate.

Knight is charged together with comedian Katt Williams with taking a celebrity photographer’s electronic camera in September 2014, just days after the Death Row Records co-founder was shot in a bar.

Williams and Knight have pleaded not guilty. Prosecutors are scheduled to present proof Thursday that could cause a judge purchasing the guys to stand trial.

Superior Court Judge Ronald Coen will also preside over a hearing in a different murder case against Knight. The Death Row Records co-founder is charged with running over pair of guys outside a Compton burger stand in January, eliminating 55-year-old Terry Carter.

Knight, 50, has currently been purchased to stand trial on murder, attempted murder and hit-and-run charges. His attorneys have stated Knight was running away armed assailants when he ran over Carter and Cle “Bone” Sloan, a consultant on the movie “Straight Outta Compton.”

Knight was a vital gamer in the gangster rap scene that flourished in the 1990s, and his Death Row Records label once listed Dr. Dre, Tupac Shakur and Snoop Dogg amongst its artists. He lost control of the business after it was forced into bankruptcy.

Knight deals with potential life sentences if convicted in either case due to previous convictions for armed robbery and attack with a gun.

At Yucca hearing, Titus calls nuclear dump a '' boondoggle '.

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AP Photo/John Locher

Train tracks are translucented Yucca Mountain throughout a congressional tour Thursday, April 9, 2015, near Mercury, Nev. Numerous members of congress explored the proposed radioactive wast dump 90 miles northwest of Las Vegas. (AP Photo/John Locher)

Wednesday, Sept. 16, 2015|2 a.m.

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Congresswoman Dina Titus

Yucca Mountain tour
People stand inside of Yucca Mountain during a congressional tour Thursday, April 9, 2015, near Mercury, Nev. Several members of congress toured the proposed radioactive wast dump 90 miles northwest of Las Vegas. (AP Photo/John Locher)Introduce slideshow “

U.S. Rep. Dina Titus and Mayor Carolyn Goodman sent a message to the Nuclear Regulatory Commission on Tuesday night: Las Vegas still doesn’t desire a nuclear repository at Yucca Mountain.

Titus called the long-gestating proposition to put a nuclear waste dump 80 miles from Las Vegas a “boondoggle.” Goodman concurred, stating that it would be “a disaster waiting to happen.”

The two elected authorities delivered their comments at an NRC meeting to talk about a draft report released last month on the possible environmental impacts of the task on radiation levels in groundwater. Around 100 members of the public attended the hearing, including former U.S. Sen. Richard Bryan and agents of U.S. Sen. Harry Reid and Gov. Brian Sandoval.

Titus said the NRC wishes to “ram and jam it down our throat,” including that the report was flawed due to the fact that it makes use of obsolete data and was not carried out by an independent panel. She concluded by offering her own spin on Shakespeare: “A dump is a dump is a dump. No matter the number of studies you have, you can not conceal that truth,” Titus stated.

Goodman, the mayor of Las Vegas, said that shipping waste in Nevada would “kill” tourism in the state. “We require a consent-based process– Nevada never consented and Nevada never will,” she stated.

Others who spoke favored the proposal.

Nye County Commissioner Dan Schinhofen said that 9 of Nevada’s 17 counties supported Yucca. He invited “the NRC to progress with the project.”

NRC spokesman David McIntyre said he was not shocked at the tenor of the hearings, stating that it was not unusual for political concerns to overshadow clinical researches.

The new report argues that a repository would not be a major risk to Nevada’s groundwater, soils, public health or ecology. It looked at the impact of possible container leaks of hazardous waste on Nevada’s water and landscape during the course of a million years, finding that a small amount of waste could flow toward Amargosa and Death Valley National forest.

According to the report, the peak radiological dosage of leakages, 1.3 millirems per year, would be less than the background radiation dosage– the natural quantity that is constantly present– of 300 millirems each year. The report concluded that the prospective effects of Yucca on groundwater contamination would be “small.”

The NRC has carried out several researches because 1987– meeting with sharp resistance from Las Vegas along the method.

Considering that 2009, the Yucca Mountain job has been all however dead. Reid spearheaded a successful effort to remove funding for the job. The research talked about on Tuesday had actually been stalled as a result up until a 2013 federal court purchased the NRC to conduct it. The court did not purchase the project as an entire to move forward, which would take an act of Congress.

The comment duration on the study will close on Nov. 20 and a last draft of the report will certainly be launched in the very first half of 2016. That will end public discussion up until members of Congress or a president choose to resume the dispute.

Public hearing set up for Thursday on proposed Uber regulations

Tuesday, June 23, 2015|8:25 p.m.

Carson City–.

The Nevada Transport Authority will hold a public hearing Thursday in Las Vegas and Reno to talk about the suggested policies that would permit ride-hailing companies such as Uber to operate in the state.

On June 11, members of the Nevada Transportation Authority voted 2-1 to petition Gov. Brian Sandoval for emergency status. Sandoval should approve the policies before they can go into effect.

The policies mirror the information set in the two bills authorized by the Legislature to let business such as Uber and Lyft run in Nevada in spite of opposition by taxicab and limousine companies.

The policies need the applicants to reveal ownerships; experience of the managers who will certainly run the operations; the innovation to be used; its company chart and payment of state charges.

These transportation network business will certainly permit potential customers to make use of mobile phone or computer systems to mobilize a driver. There is a requirement the company have to have a $1.5 million insurance coverage to cover consumers who are injured or killed throughout the ride.

The application to the authority should consist of the rates to be charged and policies governing service.

The authority may request the number of drivers and the cars to be used.

The law enforces a 3 percent tax on the fare of a traveler of a trip share and taxicab company. It is anticipated to yield $40 million a year, part of which will be used to begin the medical school at UNLV.

The public can go to Thursday’s conference, set up for 9:30 a.m., at the authority’s offices at 2290 S. Jones Blvd., Suite 110, in Las Vegas and 1755 E. Plumb Lane, Suite 216, in Reno.

The authority is scheduled to fulfill at 9 a.m. Monday to think about embracing the guidelines.