Judge Stefany Miley Disregards the Rule of Law in Kirstin Lobato's Case
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Why The Wall? Dirty Harry’s New Year’s Seven ways Obama is Because the US is greeting to the Bundys trying to sabotage the losing its sovereignty (See Larry Klayman’s column) Trump Administration PAGE 2 PAGE 14 PAGE 16 Volume 18, Issue 45 January 10, 2017 lasvegastribune.com Judge Stefany Miley disregards the rule of law in Kirstin Lobato’s case By Hans Sherrer assistance of counsel for failing to Court, the following happened: ing was scheduled for December 14 Special to the Las Vegas Tribune investigate and present forensic On December 1, 2016 a hearing to be presided over by Judge Miley. Clark County District Court evidence that the Supreme Court was scheduled for December 20 to On December 14, 2016 a hear- Judge Stefany A. Miley held a determined likely would have re- be presided over by District Court ing was held in Judge Miley’s court- hearing and issued orders in Kirstin sulted in her acquittal by her jury. Judge Kerry Earley. Then on De- room during which she “advised it Lobato’s habeas corpus case in Separately, the District Court was cember 7, 2016 Judge Earley re- was going to request Mr. Barrick for December 2016 when it was closed to consider issues related to new cused herself from Ms. Lobato’s re-appointment” as Ms. Lobato’s in the District Court. evidence she is actually innocent. case by stating: counsel in the District Court. A Ms. Lobato’s District Court That ruling wasn’t the end of her “As this Court is familiar with hearing was scheduled for January case was closed in August 2011 case in the Supreme Court. Ms. one of the parties, in accordance 4, 2017 regarding “appointment of when she appealed Judge Valorie Lobato and the State of Nevada with Rule 2.11 (A)(2) and to avoid counsel.” Vega’s denial of her habeas peti- both had the opportunity to file a the appearance of impropriety and On December 20, 2016 a “Me- tion to the Nevada Supreme Court. motion to rehear the ruling. The jus- implied bias, this Court hereby dis- dia Request And Order Allowing Ms. Lobato’s petition seeks to tices also could have decided to qualifies itself and ORDERS this Camera Access To Court Proceed- overturn her October 2006 convic- modify their ruling. Her case would case be REASSIGNED at random. ings” was filed. tions related to the homicide of be in the Supreme Court until it re- Status Check Set for December 20, On December 23, 2016 Judge homeless Duran Bailey in Las Ve- KIRSTIN LOBATO linquished jurisdiction, by the fil- 2016, VACATED.” Miley issued an “Order for Produc- gas on July 8, 2001. District Court for an evidentiary ing of its Remittitur of her case in On December 8, 2016 Ms. tion of Inmate Kirstin B. Lobato, The Supreme Court issued its hearing to determine if Clark the District Court. Lobato’s case was reassigned to BAC #74201.” Presumably so she ruling on November 23, 2016. The County Special Public Defender Yet, while Ms. Lobato’s habeas Judge Miley. will be present for the January 4, ruling remanded her case to the David Schieck provided ineffective case was closed in the District On December 12, 2016 a hear- (See Labato, Page 3) My Point Spilling more water down the river? of View By Thomas Mitchell By Rolando Larraz Everyone seems to be in a rush As always, I want to thank all to meet the deadline. You know, In- the fine people who remember to auguration Day. send me a Christmas card every According to a two-week-old year, and take the time and spend story out of the San Diego Union- the money on stamps to do so; Tribune that appeared in Tuesday’s among them are Judge and Mrs. Art Las Vegas newspaper, negotiators and Judy Ritchie who never forget are racing to cut a deal between the us, Judge Bert Brown, Mayor U.S. and Mexico on how to divvy Carolyn Goodman, and my good up the dwindling supply of Colo- old friend, the president of FIORE rado River water before that mean Club, internationally famous enter- old Donald Trump takes office and tainer, movie star and one of the appoints a bunch of mean old bu- most generous half-Italians I know, reaucrats who might put America’s Nelson Sardelli, and his wife interests first. Lorraine. “Because many of the key play- My Managing Editor, Maramis ers at the federal level are expected Choufani, who not only sent me a to leave office next month, there is Christmas card, also sent me a rising uncertainty over how much beautiful scarf that I wore the other support for such an agreement can Lake Mead in 2015 displays the dwindling supply of the Colorado River, yet Obama wants to give more away. day during the video recording of (See Colorado River, Page 7) my radio show, and lots of people complimented me on how good it looked on me. Ford cancels plans for a Mexican plant, With great satisfaction, I see that my friend, former Mayor Oscar Goodman, is now texting and send expresses ‘vote of confidence’ in Trump me a text wishing me good luck and a Happy New Year. By Matthew Boyle more electric and self-driving cars” CNN notes that Ford’s decision Now that we know how to text, Breitbart News since “Ford believes electric ve- to keep the jobs here in the U.S. Oscar, we need to start working on Ford will build a plant in Michi- hicles will outsell gasoline-powered rather than shipping them overseas Twitter; if Donald Trump can tweet, gan instead of Mexico as a “vote of vehicles within the next 15 years.” to Mexico—as it announced early we can too — after all, he is older confidence” in President-elect Trump’s success in keeping Ford in 2016 — is a “major U-Turn” for than we are. Donald J. Trump’s incoming ad- jobs here is winning praise even the auto manufacturer. And now back to work... my first ministration, its CEO Mark Fields from labor unions. “The news is a major U-turn for column of the new year and I can announced on Tuesday. “I am thrilled that we have been Ford,” CNN wrote. “Last year, the tell you that it is very scary. I read The announcement means Ford able to secure additional UAW-Ford company announced it would invest the first column that Victor Joecks will cancel its plans to build a new jobs for American workers,” Jimmy $1.6 billion in Mexico to transfer wrote for the daily newspaper and plant in Mexico and will instead Settles, the UAW’s vice president, the production of the Ford Focus if you read in between the lines it invest $700 million in Michigan— said. (See Ford Plant, Page 6) is scary — or it is to me because I creating 700 new jobs here in the do have the habit of reading be- United States—CNN reports. Nevada could contribute to tween the lines. “We didn’t cut a deal with “...That’s because they are the Trump. We did it for our business,” Democrat and Republican leaders Fields told CNN, noting that his rebound of national defense of the state Senate and Assembly. company had conversations on By Thomas Mitchell They, 59 other legislators, and Gov. Tuesday with Trump and Vice Nevada knows nukes, or at least Brian Sandoval, will make deci- President-elect Mike Pence. Trump we used to. sions affecting the roads you drive and Pence will officially be sworn First, the election of Donald on, the money you have to spend, in on Jan. 20. Trump reignited the debate over the and the schools your children can Fields said his company’s deci- possible resurrection of Yucca go to,” wrote Victor in his first col- sion to create jobs in America rather Mountain as a nuclear waste reposi- umn in the daily newspaper. than in Mexico is a “vote of confi- tory. Now, with a simple tweet I am glad to see Victor Joecks dence” in Trump’s incoming ad- Trump has reopened discussions writing a column in the only daily ministration and the pro-business about the preparedness, or lack in our city. I have always had a great environment it will create. thereof, of America’s nuclear arse- respect for Victor and consider him The investment, CNN reports, nal. a valuable asset to our community, will be at the plant in Flat Rock, “The United States must greatly but when he writes that the state Michigan, and will aim “to produce (See National Defense, Page 5) Yucca Mountain Senate, Assembly and the RINO Governor will be making decisions FROM THE DESK OF GORDON MARTINES for us that scares the hell out of me. It reminds me of my native Political appointees to law enforcement Cuba, where the government tells people when to talk, when to take a bath and when to eat (if there would service is organizational sabotage be anything to eat), making me feel By Gordon Martines pecially by upper Police Adminis- the rank and file. cruits that don’t quite measure up, as though our elected officials are We have all seen it, heard it and tration, to pass all or any examina- Usually the “infiltrator” will try or don’t have that expressed and becoming control freaks and that is have suffered and been injured by tions for fitness without being wor- to integrate into the real street cop sincere desire that comes forth dur- an ugly feeling for people like me it, by allowing it to occur.