Oct 27

New York Appeals Court Rules Judge Who Convicted A Defendant Cannot Also Decide Their Appeal

New York Court of Appeals building (Rick Kopstein)

The New York Court of Appeals unanimously ruled on October 24, 2017 that the judge who convicted a defendant cannot also solely decide their appeal. Brian Novak was ticketed in August 2012 in Schenectady, New York for misdemeanor driving while intoxicated and related traffic infractions. He pled not guilty when arraigned in Schenectady City Court. …

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Oct 24

United States Ranks 25th In World For Judicial Independence

Judicial Independence - Image 5

Judicial independence in the U.S. is ranked 25th among the world’s countries in The Global Competitiveness Report 2017–2018. The U.S. also ranked in 34th place for the rating of a country’s bribe prone judiciary. Finland ranked first in both categories. The report was published on September 26, 2017. The Global Competitiveness Report (GCR) is published …

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Oct 18

Kirstin Lobato’s Habeas Hearing Concludes — Judge Miley To Rule By Mid-November

The following is an article published in the Las Vegas Tribune’s issue of Oct. 18-24, 2017. Kirstin Lobato’s Habeas Hearing Concludes — Judge Miley To Rule By Mid-November By Hans Sherrer Justice Denied (justicedenied.org) Special for the Las Vegas Tribune Kirstin Lobato’s five-day habeas corpus evidentiary hearing before District Court Judge Stefany Miley was held …

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Oct 17

Appeals Court Rules Minor Male Prosecuted For Indecent Act With Minor Was Discriminated Against Because The Girl Wasn’t Also Prosecuted

High Court of Homa Bay in Mbita, Kenya (The Standard)

Kenya’s High Court has quashed the prosecution of a 16-year-old boy for having sex with a 17-year-old girl. He was charged with defilement and committing an indecent act with a minor. One of the reasons the appeals court quashed his prosecution is he wasn’t afforded equal protection of the law because the girl wasn’t also …

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Oct 15

Kirstin Lobato Habeas Corpus Evidentiary Hearing Summary (10-9 to 10-13-17)\

Kirstin Lobato’s five-day evidentiary hearing before District Court Judge Stefany Miley was held from Monday, Oct. 9 to Friday, October 13, 2017. Kirstin Blaise Lobato was convicted in 2006 of voluntary manslaughter and other charges related to Duran Bailey’s homicide in Las Vegas on July 8, 2001. She is incarcerated serving her sentence of 13 …

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Oct 13

Kirstin Lobato’s Evidentiary Hearing — Fifth Day Report — Hearing Completed

Melisa Sopher, Jane Pucher, Adnan Sultan and Vanessa Potkin (L to R) The Innocents Project of New York’s legal team during Kirstin Lobato’s evidentiary hearing in Las Vegas from Oct. 9 to Oct. 13, 2017. The picture was taken in the courtroom after the evidentiary hearing concluded. (Ms. Sopher is a paralegal, while the other three are lawyers with Ms. Potkin the lead lawyer.) (Photo by Hans Sherrer)

The Fifth day of Kirstin Lobato’s evidentiary hearing for two ineffective assistance of counsel claims in her habeas corpus petition began at 10:45 p.m. on Friday, Oct. 13, 2017 in the Clark County Courthouse in Las Vegas. Ms. Lobato was convicted in 2006 of voluntary manslaughter and other charges related to Duran Bailey’s homicide in …

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Oct 12

Kirstin Lobato’s Evidentiary Hearing — Fourth Day Report

The fourth day of Kirstin Lobato’s evidentiary hearing for two ineffective assistance of counsel claims in her habeas corpus petition began at 9:45 p.m. on Thursday, Oct. 12, 2017 in the Clark County Courthouse in Las Vegas. Ms. Lobato was convicted in 2006 of voluntary manslaughter and other charges related to Duran Bailey’s homicide in …

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Oct 11

Kirstin Lobato’s Evidentiary Hearing — Third Day Report

The third day of Kirstin Lobato’s evidentiary hearing for two ineffective assistance of counsel claims in her habeas corpus petition began at 1:20 p.m. on Wednesday, Oct. 11, 2017 in the Clark County Courthouse in Las Vegas. Ms. Lobato was convicted in 2006 of voluntary manslaughter and other charges related to Duran Bailey’s homicide in …

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Oct 10

Kirstin Lobato’s Evidentiary Hearing — Second Day Report

The second day of Kirstin Lobato’s evidentiary hearing for two ineffective assistance of counsel claims in her habeas corpus petition began at 11:40 p.m. on Tuesday, Oct. 10, 2017 in the Clark County Courthouse in Las Vegas. Ms. Lobato was convicted in 2006 of voluntary manslaughter and other charges related to Duran Bailey’s homicide in …

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Oct 09

Kirstin Lobato’s Evidentiary Hearing — First Day Report

The first day of Kirstin Lobato’s evidentiary hearing for two ineffective assistance of counsel claims in her habeas corpus petition began at 1:15 p.m. on Monday, Oct. 9, 2017 in the Clark County Courthouse in Las Vegas. Ms. Lobato was convicted in 2006 of voluntary manslaughter and other charges related to Duran Bailey’s homicide in …

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