Nevada Supreme Court weighs in on red flags

delaware_export · Sep 26, 2019

I am not a lawyer, so read it for yourself, but basically it misdemeanor domestic abuse can disqualify you from a constitutional right, it’s not a minor crime any more.

https://sparkstrib.com/2019/09/25/denial-of-second-amendment-rights-warrants-a-jury-trial/

MigraineMan · Sep 26, 2019

But Nevada Attorney General Aaron Ford, whose office argued against allowing a jury trial in such cases, put out a statement saying, “The devastating consequences of this decision cannot be overstated. Misdemeanor courts across this state are not equipped for jury trials, ...

... and it would be really, really expensive and inconvenient to require juries in these cases.

Gotta love them unintended consequences.

HaveBlue · Sep 26, 2019

A breath of sanity. A win for due process!

Bob A · Sep 26, 2019

Unanimous decision by Nevada Supreme Court.

jrumann59 · Sep 26, 2019

Another question is shouldn't domestic abuse be a little higher up on the bad shit you should not do list.

danb · Sep 26, 2019

Quite correct.

aha, I thought I recalled reading about this: https://reason.com/2019/09/13/the-second-and-sixth-amendments/

Doctor_M · Sep 26, 2019

One point for due process.

ToolAA · Sep 26, 2019

jrumann59 said:
Another question is shouldn't domestic abuse be a little higher up on the bad shit you should not do list.

Ligitimate domestic abuse IMO is pretty reprehensible and should be considered a felony. The problem is that often domestic abuse charges are not able to be substantiated. It’s very common for them to even be fake especially when someone is going through a divorce and is trying to make a case for child custody.

Mr. B · Sep 26, 2019

Yay some good judicial news. Need a break from stories of activist judgments.

motorcoachdoug · Sep 27, 2019

Well at least the high court of NV got it right when they said a person may have a jury trial. Its not that persons fault that the misdemeanor courts are not set up to handle jury trials

jrumann59 · Sep 29, 2019

ToolAA said:
Ligitimate domestic abuse IMO is pretty reprehensible and should be considered a felony. The problem is that often domestic abuse charges are not able to be substantiated. It’s very common for them to even be fake especially when someone is going through a divorce and is trying to make a case for child custody.

So what you are saying is they make it a misdemeanor so the alleged will just plea out or take the knock for expediency sake? :sad20:

delaware_export · Sep 30, 2019

That is my non lawyer read.

And being a major crime, one that denies a constitutional right, they must provide a full trial, should the defendant desire that course. Read that as $$$ required by the court system, which they are short on. Unintended consequences. Iirc there are many thousands of these cases per year reported, per the article.

If someone is beaten, say the stereotypical guy beats the wife, I would think it would or should be some kind of felony assault. As a layman. I don’t see the need for difference. Assault is assault, right? Regardless of who is assaulted? I’ll defer to the lawyers here.

Also there is no penalty for false reports, or when the vindictive spouse or baby-mama/papa.

There was a case in Vegas a few years back where the baby mama claimed abuse by a well know and well compensated coach.

As the case started to move the coach was either dismissed, or would be dismissed if charges went through. Baby mama realized her meal ticket would disappear. She claimed it was all a mistake and withdrew.

Again, that’s my non lawyer synopsis, but pretty accurate based on the reporting. Nothing happened to the woman. Imho the claim was either false or a bargaining tool to get more money for mama.

jrumann59 said:
So what you are saying is they make it a misdemeanor so the alleged will just plea out or take the knock for expediency sake?

delaware_export · Sep 30, 2019

the link to the story below.

https://www.reviewjournal.com/crime...rman-coach-kenny-sanchez-recants-abuse-story/

how would this guy have been treated under the red flag rule. and how would the accusre have been treated for a fabricated story.

and an update from the trial?

https://www.reviewjournal.com/nevad...chez-not-guilty-of-domestic-violence-1731858/

and maybe this is the way child support cases are handled with "famous" or connected people. she'll say "it was false" he'll say, "don't press charges for her false report"

and he'll pay what she wants, he'll still have a job and money to pay with.

if that's correct, they both are scum. ???

the school this guy works for is a prize for aspiring college and pro football player. the coaching job is a stepping stone to larger college coach programs as well. they is money there.

delaware_export said:
That is my non lawyer read.

And being a major crime, one that denies a constitutional right, they must provide a full trial, should the defendant desire that course. Read that as $$$ required by the court system, which they are short on. Unintended consequences. Iirc there are many thousands of these cases per year reported, per the article.

If someone is beaten, say the stereotypical guy beats the wife, I would think it would or should be some kind of felony assault. As a layman. I don’t see the need for difference. Assault is assault, right? Regardless of who is assaulted? I’ll defer to the lawyers here.

Also there is no penalty for false reports, or when the vindictive spouse or baby-mama/papa.

There was a case in Vegas a few years back where the baby mama claimed abuse by a well know and well compensated coach.

As the case started to move the coach was either dismissed, or would be dismissed if charges went through. Baby mama realized her meal ticket would disappear. She claimed it was all a mistake and withdrew.

Again, that’s my non lawyer synopsis, but pretty accurate based on the reporting. Nothing happened to the woman. Imho the claim was either false or a bargaining tool to get more money for mama.

delaware_export · Oct 3, 2019

Much like protecting schools with guards, armed, the way we go with saintly politicians when many .gov buildings, somethings just ain’t worth the money.

They’re no longer prosecuting domestic violence in Vegas, its now mostly simple battery, because they don’t want to spend the money! Surely a large sum of money, just like defending or protecting ALL schools. But to use the anti 2a argument... if it saves ...

https://www.fox5vegas.com/news/las-...c7149912-e5a7-11e9-ac9d-63dda6639675.amp.html

teratos · Oct 3, 2019

jrumann59 said:
Another question is shouldn't domestic abuse be a little higher up on the bad shit you should not do list.

Now I have to get all new under shirts????

E.Shell · Oct 3, 2019

teratos said:
Now I have to get all new under shirts????

Say...that's a niice T-shirt... [/Terminator II)

Shinny · Oct 3, 2019

I'm not a lawyer but I do know that in Maryland, even a probation before judgement in domestic violence cases will prohibit you from owning/possessing any and all firearms for life.

Maestro Pistolero · Oct 5, 2019

That's just as wrong as wrong gets.

Nevada Supreme Court weighs in on red flags

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