This is Clark County, Nevada, which includes Las Vegas. Motions are
filed in two different courts. Justice court, I'm guessing, is for
pre-trial motions, and district court is literally the trial court. A
ruling in a pre-trial motion may be appealed to district court that
apply to the case at hand only. District court decisions along these
lines do not set precedent.
The matter at hand is whether the justice court judge, who ordered some
level of pre-trial home confinement with permissible travel to work,
issued an order the sheriff must obey or if the judge only determined
that the defendant was eligible for this level of pre-trial confinement
but the sheriff still had discretion to make an administrative decision independent of the court of the danger the defendant posed to society.
Despite home confinement being ordered, the defendant was held in jail.
The title is misleading as the two "show cause" orders against the
sheriff were vacated.
Police Department IGNORES a Judge's Order and Ends Up in Court!
https://www.youtube.com/watch?v=D2CAfYyvB28
The defendant has an absurdly lengthy arrest record, either 36 or 37
felonies. It was not clear to me how many open cases there are as they
referred to warrants.
The only position the defense took that I sympathize with is the
prosecutor, representing the sheriff and not specifically prosecuting
the defendant, had failed to give notice for filing certain motions, and
I'll take the defense's word that the wrong motions were filed.
The sheriff took notice that there was a domestic battery charge and outstanding warrants, which is why he would not place the defendant in
either the mid level or higher level home confinement programs.
Here's something I still do not understand. I'm guessing the warrants
are for missed court dates. I'm also guessing that the defendant was in violation of bond conditions from previous open cases.
Can a judge waive another judge's order or bond conditions or arrest
warrant in order to fallow a defendant not to be held in jail during
pre-trial confinement for the immediate case? I thought all prior orders
would be in effect and the sheriff still must obey those orders,
particularly the arrest warrant.
--- PyGate Linux v1.5.17
* Origin: Dragon's Lair, PyGate NNTP<>Fido Gate (3:633/10)