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Court proceedings

9th Circuit Court of Appeals upholds state statutes on brothel advertising

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CARSON CITY —  Nevada Attorney General Catherine Cortez Masto announced today that the Ninth Circuit Court of Appeals has upheld Nevada state laws that limit brothel advertising.

“I am glad to see common sense has prevailed,” said Attorney General Masto.  “This state has had restrictions on brothel advertising for 40 years.  Nevada should have the right to have reasonable limitations on this type of activity.  I am pleased the 9th Circuit Court of Appeals corrected the decision by the lower federal court to overturn those long standing restrictions as violating the First Amendment.”

 

Federal judge dismisses lawsuit against city

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WINNEMUCCA — A wrongful death suit filed against Winnemucca, the Winnemucca Police Department, and individual officers from that department was dismissed last week in US Federal Court.

The suit was filed by the parents of George Moritz who was shot and killed on May 26, 2006. The suit alleged George Moritz’s civil rights were violated by the WPD whose officers briefly detained the two suspects prior to the shooting but released them without confiscating their firearm. The suit also alleged favoritism was shown to the defendants because one of them was related to an officer from the WPD; though, that officer was not on duty at the time and was not involved in the incident.

The defendants, through their attorney, counter-argued they couldn’t have violated the victim’s civil rights because they had no contact with him. Further, the contact between the WPD did not put George Moritz into a dangerous situation he would not otherwise have faced -- an important element of the law.

 

Man convicted in high-speed pursuit denied appeal

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CARSON CITY —  The conviction of a man who lead authorities on a 75-mile high-speed pursuit will stand after the Nevada Supreme Court denied his appeal.  Peter Paul Lopez, 29, was convicted in 2009 of eluding peace officers in a manner posing danger to person or property.  Lopez appealed the conviction arguing the state lacked the necessary evidence for each element to convict.  The Justices disagreed and the conviction stands.

 

NSC upholds conviction of man sentenced to prison for Sonoma Cycle break-in

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CARSON CITY — The Nevada Supreme Court denied the appeal of a man sentenced to prison for breaking into Sonoma Cycle and attempting to steal a dirt bike.  Ryan Larue, 27, argued in the appeal there was insufficient evidence to support the conviction, and the lengthy prison sentence he received was cruel and unusual considering the facts of the case.  The appeal was filed through his attorney Humboldt County Public Defender Matt Stermitz.

Larue was sentenced to prison on two counts of theft and one count of gross misdemeanor destruction of property -- even though neither the ATV nor the dirt bike he attempted to take made it off the Sonoma Cycle parking lot. 

The charges stem from a November 2008 incident in which Larue climbed the fence at Sonoma Cycle and used an ATV on the property to knock down a gate.  He didn’t intend to take the ATV, he told the jury, but he did intend to take a dirt bike because he needed a ride home after several days of partying.  He said he intended to ditch the bike at BJ’s in Grass Valley where someone would find it and get it back to Sonoma Cycle the next day.

 

Probation revocation upheld by NSC

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CARSON CITY — The Nevada Supreme Court recently issued a ruling that upheld the revocation of a local man’s probation.

Charlie Lin Sheppard, 58, was convicted of arson in June 2007 and placed on probation.  On Sept. 15, 2008 a probation revocation hearing was held in which it was alleged Sheppard violated the terms of his probation because he failed to report to P&P, failed to attend mental health counseling, and additionally was arrested on new charges.

Sheppard represented himself at the hearing and was assisted by Humboldt County Public Defender Matt Stermitz,  who stood by for consultation.  On October 27, 2008, Judge Richard Wagner, of the 6th Judicial District Court, revoked Sheppard’s probation.  Sheppard was ordered to carry out the original sentence of 12-35 months in prison with 147 days credit for time served.

 

VOC scammers found guilty

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LAS VEGAS —  Three defendants accused of stealing more than $50,000 from the Victims of Crime Program were declared guilty this week at jury trial.

Tonya Walker was convicted of four (4) Felony counts of Theft; her husband, Prentice Lamar Walker, was convicted of one (1) count of Felony Theft, Aiding and Abetting; and her mother, Ernestine Hunter Walker, was convicted of one (1) count of Felony Theft, Aiding and Abetting.

Tonya Walker, who was employed by the Victims of Crime Program, created fake victim claims files for her codefendant family members from which they embezzled in excess of $50,000 from the VOC Program.   After creating the phony claim files, Walker submitted them for payment to the Nevada Victims of Crime Program. 

“The Victims of Crime Program is in place to assist crime victims in paying their medical and other related bills associated with the crime,” said Attorney General Masto.  “Stealing from this program is particularly reprehensible when the offender is a State employee whose job it is to assist victims recover from these crimes.”   

A jury trial in Department 17 concluded today with the jury finding all defendants guilty of all charges. 

 

US Supreme Ct. upholds Nevada Supreme Court's decision

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CARSON CITY —Attorney General Catherine Cortez Masto announced today the U. S. Supreme Court has ruled in favor of the State of Nevada in McDaniel v. Troy Don Brown. 

“Troy Brown should not have had his conviction overturned by the federal courts,” said Attorney General Masto. “The Nevada Attorney General’s office is dedicated to assuring that every case will be tried in keeping with the letter of the law.  We are prepared to argue to the highest court of the land to keep this commitment.”

In the 1997 Elko County case, a jury convicted Troy Don Brown of two counts of sexual assault on a child under 14. Brown was sentenced to life imprisonment with the possibility of parole after 10 years. Brown subsequently filed a petition for a writ of habeas corpus, claiming insufficient evidence to convict, but the Nevada Supreme Court found the record evidence was sufficient to sustain Brown’s conviction.

 

Man sentenced in child-abduction case

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LAS VEGAS —  Attorney General Catherine Cortez Masto announced today that Richard S. Haddad was sentenced to a maximum sentence of 48 months imprisonment with minimum parole eligibility of 18 months for his felony convictions resulting from the international parental abduction of a two year old child from Las Vegas to Calgary, Alberta, Canada. 

“Abductions of children pose innumerable dangers to those taken from their homes, as they are isolated from their families and familiar surroundings at a time when stability is so important to their development”, said Attorney General Cortez Masto.  “Missing children’s investigations always take immediate priority in police departments and law enforcement agencies actively work to locate missing children and reunite them with their left-behind parents.”  

 
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