Is the fact that the judges on the Nevada Court of Appeals used to be district court judges unfairly affect their decision making process?

An Appellate Court needs to rule by the law

CourtOfAppeals2015The idea of an Appellate Court is to lessen the case burden on the Supreme Court and at the same time make a decision on whether a judge in lower courts was able to conduct a fair trial lawfully.
We see one potential problem with that concept. The judges on the Appellate Court that was created just a year ago used to be co-workers with the same judge they now have to oversee. An Appellate Court needs to rule by the law.
The courts must rule by statutes that have been enacted by the legislators and thereby becoming public policies of Nevada. Judges must also follow all binding and mandatory precedents issued by the U.S. Supreme Court, the highest Court in the land.
A good example of what we are stating is the recent decision of the Nevada Appellate Court in existence for only twelve months in the case of Feeley v. Feeley has affirmed Judge Allan Earl’s order that violates the Fourteenth Amendment and is thereby unconstitutional. One can only wonder if the Appellate Court ignored the law to protect a
colleague.
Former Nevada District Court Judge Allan Earl broke all rules and laws in the case of Feeley v. Feeley by exceeding his jurisdiction for the sole purpose of enriching attorneys in his court.
That ruling violated the Fourteen Amendment, therefore it must be considered unconstitutional and void, but now the 3-judge panel at the Appellate Court has failed to obey the Constitution of the United States and the State of Nevada by siding with Judge Allan Earl on his felonious ruling in the case of Feeley v. Feeley.
For the last six months the Las Vegas Tribune has been writing about the Feeley v. Feeley case and every week we have found more than one reason to keep exposing judicial misconduct and abuse of power by Judge Allan Earl.
The Appellate Court was created for the sole purpose to help the Supreme Court expedite results to correct errors that have taken place in the lower courts where just twelve months ago these appellate judges were fraternizing with the same judges they now have to judge, oversee, but may not be able to overrule.
Judges are supposed to rule by law and not be influenced by previous, present or future friendship — and in the case of Feeley v. Feeley, that seems to be the case where the 3-judge panel ignored all the evidence that shows their obvious intention to protect Judge Allan Earl’s inability to enforce or follow the law.
If inducing a bank to not honor a binding commitment, submitting a false document to a federal chartered bank, and dispersing illegally obtained funds are all considered felony crimes, which could place Judge Allan Earl in a federal penitentiary like anyone else who would have participated in those kinds of crimes, how is it that the newly created Appellate Court cannot see it and opted instead for siding with Judge Earl and ruled against the appellant?
Is it because at least two of the appointed Appellate Court judges, now up for election, have been co-workers of Judge Allan Earl a reason to wonder about the decision of the appellate court judges in the case of Feeley v. Feeley — or are we too narrow-minded to see it any other way?
If any future decision or ruling by this Appellate Court is going to be tainted by doubts and wondering about the motives on their ruling, and the way they are going to operate, why do we need an Appellate Court?
Many times we have stated that if the judges in the lower courts were doing their job correctly and by law the appellate would not be needed because there will be less needed to appeal but if the reason and motive of the ruling is going to be questioned that is even worse.
The Appellate Court was sold to the voters by saying that it would not be an extra expense to the voters but now the judiciary has decide that the housing of the appellate court sharing space with the Supreme Court is not big enough for the ego of both the justices and the appellate judges and they have to build a new building for them wondering who is paying for it and where the money comes from given the impression that they sold the constituents a bill of goods as it has been done in previous cases and other jurisdictions.
Another vivid example of why the voters, the constituents and the community as a whole, need to pay attention to whom they elect, why they vote for the particular candidate. This is a year when the candidates have to learn to answer to the voters.

SOURCE: http://lasvegastribune.net/appellate-court-rule-law/courtofappeals2015/

 

Nevada Supreme Court rebukes judge for too-harsh treatment of defendant

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john tatro rebukeNevada Supreme Court rebukes judge for too-harsh treatment of defendant

The Supreme Court should rebuke Carson City Judge John Tatro by what he did to Ty Robben by retaliating against Robben with a $500,000.00 dollar bail and 22 days in jail for trumped up charges related to serving a subpoena to former NDOT Director Susan Martinovich who had actually committed a “hit and run” by running over Robben’s foot!

The Carson City Sheriff covered up the incident and the Sheriff, DA Neil Rombardo and Judge Tatro lashed out at Robben, poisoned his jail food and then sent Nevada “bounty hunters” after Robben in Lake Tahoe, CA. Now Robben has filed criminal charges against the Justin Brothers Bail Bond company, their bounty hunter named Doug Lewis. Robben has a multi-million dollar lawsuit against the Justin Bros and he’s filed a Judicial Ethics complaint against the Judge Tatro. Tatro and DA Rombardo continue the relentless retaliation against Robben and are trying to have him incarcerated once again!

Robben is fighting back with massive protests in Carson City Nevada in front of the courthouse and State capital including the Nevada Supreme Court with big signs demanding Judge Tatro and DA Rombardo resign.

The Nevada Supreme Court better clean up the lower courts in Nevada, including the Justice Courts. Most people do not know that a case from the Justice Court can only be appealed to the District Court in most cases, not the Supreme Court. People can suffer serious damage by a deranged Justice Court Judge (as happens in Carson City John Tatro’s court) – have no “trial” with a jury and only appeal to the District Court Judge who is as corrupt as the Justice Court Judge… No oversight and people are very, very outraged about the “manifest abuse of desecration” and flagerant  abuse of authority by acting under the color of law.

The Supreme Court wants a Nevada appellate court and they want voters to shell out millions of tax dollars to fund the scheme. With the recent D- corruption grade Nevada received by the center for Pubic Integrity in 2012, the Supreme MUST CLEAN UP and remove corrupt judges!

The Supreme Court order can be found here: PEREZ (JUAN) VS. DIST. CT. (STATE)

While the District Court, arguably, could have justified jailing Perez under its
contempt power, it violated these plain rules, It never formally held Perez in contempt.
It did not enter an order detailing the contemptuous behavior or specifying the
punishment. It did not cite Perez for criminal contempt or prove it beyond a reasonable
doubt. Instead, the Court summarily remanded him for displaying attitude and held him
without bail. Then in response to Perez’s motion for release or reinstatement of his
previously-posted bail, the Court increased his bail from $3,000,00 to $1,000,000,00
(which is tantamount to no bail given Perez’s financial ability), Other than Perez’s
alleged attitude, the record reveals no reason to warrant good cause for the increase.
The issue presented here does not simply concern the so-called fine print of
constitutional and statutory provisions on bail.

The deeper issue is guarding our founding principle that this is a government of laws, not of men, Rule of law means the “supremacy of regular power as opposed to arbitrary power.” Garner, Bryan A. (Editor in Chief), Black’s Law Dictionary, Abridged 9th Edition, p, 1137, (West Publishing Company, 2010). Permitting a court to increase bail based on a defendant’s demeanor is the mark of arbitrary power, Allowing it to justify its decision after the fact and under the guise of a defendant’s criminal history also exemplifies arbitrary power. Approving this under the court’s contempt power but relieving the court of its due process obligations prevents the ability to even review for capricious incarcerations, Our State in particular-with an elected judiciary-prizes accountability and safeguards against
misuses of judicial power, See Goldman v, Nevada Comm’n on Judicial Discipline, 108
Nev. 251, 256 (1992) (“Nevadans have historically manifested a pronounced sensitivity to potential abuses of judicial power.”); see also Houston v, Eighth Judicial Dist, Court I ex rel. County of Clark, 122 Nev. 544, 553 (2006) (noting contempt power should be  used with care and circumspection).

No matter a defendant’s insolence, the rule of law still protects him. Despite the daily challenge of presiding over rude defendants with poor attitudes, the rule of law does not accept misbehavior becoming the basis for setting bail.

…Petitioner later appeared in district court for the appointment of counsel after his retained attorney withdrew from representation. After petitioner thanked the district court for appointing new counsel, the district court informed the petitioner, “You’re remanded.
Thank you. An attitude like that, you can sit in jail.” Petitioner remained in jail for fifteen days without bail. Upon petitioner’s motion for setting of reasonable bail, the district court reiterated that petitioner had a “terrible attitude in court.” Petitioner apologized. The district court then denied petitioner’s request for bail citing his prior narcotics-related convictions, failure to appear in court twelve years earlier in a different case, and prior use of multiple social security numbers and aliases. After petitioner’s court appointed public defender made a second request for bail to be set, the district court set bail at $1,000,000. At a subsequent hearing to stay the proceedings so that the petitioner could file this petition, the district court instructed petitioner’s counsel to make sure to inform this court about petitioner’s “attitude” in district court. The Nevada Constitution guarantees the people of Nevada the right to bail in non-capital offenses and prohibits the district court from imposing excessive bail. See Nev. Const. art. 1, §§ 6 and 7; see also NRS 178.484(1) (“[A] person arrested for an offense other than murder of the first degree must be admitted to bail.” (emphasis added)); St. Pierre v. Sheriff, 90 Nev. 282, 286, 524 P.2d 1278, 1280 (1974) (“[O]ur Constitution does not encompass inclusion of a non-capital offense as non-bailable.”). “This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction.” Stack v. Boyle, 342 U.S. 1, 4 (1951). In deciding a reasonable amount for bail the district court may consider “the nature of the offense charged, the penalty which may be inflicted, the probability of the appearance of the accused, his pecuniary condition, his character and reputation, and the circumstances surrounding the case relative to the likelihood of conviction.” Ex parte Jagles and Varnes, 44 Nev. 370, 195 P. 808 (1921); see also NRS 178.498; NRS 178.4853. However, “Bail must not be. . . more than the accused can reasonably be expected under the circumstances to give, for if so it is substantially a denial of bail.” Ex parte Malley, 50 Nev. 248, 253, 256 P. 512, 514 (1927).
Our review of the record reveals that the district court violated the Nevada Constitution in two ways. It denied the petitioner bail for fifteen days and then imposed a bail amount which greatly exceeded the amount the petitioner could reasonably be expected to pay. As the real party in interest notes in its answering brief, the district court imposed a bail amount that was fifty times greater than the Clark County standard bail schedule for category B felonies. In light of the district court’s failure to consider all of the relevant factors, see NRS 178.498, its stated reason for remanding petitioner to custody, petitioner’s indigent status, and the amount of bail, we can only conclude that the district court was attempting to punish petitioner for his attitude without utilizing the procedures provided for in Nevada law. See NRS 22.030(1) (explaining when a person may be punished summarily for contempt); NRS 22.010 (defining contempt). For these reasons, we conclude that the district court manifestly abused its discretion by remanding petitioner to custodywithout bail for fifteen days and imposing excessive bail. See State v.Dist. Ct. (Armstrong), 127 Nev. , 267 P.3d 777, 779-80 (2011)
(discussing when a writ of mandamus will issue). We therefore

ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to vacate its order setting bail at $1,000,000, set bail at the original amount imposed by the justice court, and recuse itself from presiding over this matter.
Hardesty,  cc: Chief Judge, Eighth Judicial District Hon. Doug

By FRANCIS MCCABE – LAS VEGAS REVIEW-JOURNAL

rjDistrict Court Judge Doug Smith didn’t like the way Juan Perez said “Thank you.” – So the judge locked Perez up in jail for 15 days and then raised his bail from $3,000 to $1 million.

On Tuesday, the Nevada Supreme Court rebuked Smith, ordering Perez’s bail returned to $3,000 and the case moved to another judge’s courtroom.

The district court manifestly abused its discretion by remanding (Perez) to custody without bail for fifteen days and imposing excessive bail,” stated the Supreme Court order signed by justices Michael Cherry, James Hardesty and Ron Parraguirre.

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Letters to the Editor of RGJ and NV Appeal – Why Nevada needs to clean up the corruption, not a new appellate court

The Las Vegas Sun ran a story about the Nevada Supreme Court and the need for an appeals court. Our position is the Nevada should clean up the lower courts first since Nevada ranks near the bottom of the list for corruptibility. See Mike Weston’s Letter to the Editor of the Reno and Carson City newspapers.

RGJ Opnion

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opinion shopLetters to the Editor:

Clean up the lower courts and the corruption. Nevada received a D- grade on the Center for Public Integrity study in 2012 indicating rampant corruption. Nevada was one of the worst State in the Union. Time after time we hear the horror stories of judges running amuck and acting above the law by acting under the color of law to carry out vendettas and help the good ol boy network.

The road kill includes the likes of Las Vegas Judge Kathy Kathy Halverson, Reno Judge Jerry Carr Whitehead, Douglas Co Judge Jim EnEarl. New controversy is happening in Reno and Carson City with Judges Scott Pearson and John Tatro where the law is completely ignored and justice is obstructed in the cases of Reno resident Mike Weston and ANTI-Corruption activist Ty Robben from So. Tahoe, and formally Carson City, NV.

We’re getting attention, and we have the “Worlds Largest CRIME SCENE tape” and 4 foot tall by 150 long bright yellow banner and other massive signs like “John Tatro End the RAMPANT Corruption” and “Masto Backdates” and “Treason is a Capital crime”.

Both of us have been “demanding justice” using the legal system, however the system is broken. Judge Pearson is ignoring the DA Dick Gammick’s willingness to vacate and expunge a trumped up charge from over 8 years ago and now admits NHP edited the audio video dash cam footage!

Ty Robben has filed criminal, civil and judicial ethics complaints in his cases involving Judge Tatro.

Las Vegas Sun Brian Sandoval Security beefed up

Why Nevada needs a new appellate court

Sens. Tick Segerblom and Mark Hutchison

Friday, March 22, 2013 | 2:02 a.m.

Article 6 of the Nevada Constitution currently provides for one appellate court — the Supreme Court. Every single appeal from decisions rendered by Nevada’s 82 District Courts must be reviewed by the Supreme Court. This two-tier court structure has resulted in a staggering caseload for the Nevada Supreme Court, and the delay of justice — sometimes by years — for Nevada citizens. Continue reading