11 9 12 0204 62337 03628 61901 61383 Stamped 60302 Wls Garin Notice of Lack of Access Roa 12-35541

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN THE SUPREME COURT OF THE STATE OF NEVADA
ZACH COUGHLIN;

Appellant.
vs.
WASHOE LEGAL SERVICES;

Respn!ents
.
"
"
"
"
"
"
S#p$e%e C#$t N& '()(*
D+st$+,t C#$t N& CV--.(-/0'
Appeal n all O$!e$s 1$% L2e$ C#$t
NOTICE OF LAC3 OF ACCESS 4EING ACCORDED TO APPELLANT WITH RESPECT TO
RECORD ON APPEAL UNTIL OCTO4ER *)RD5 *(--5 AND LAC3 OF ACCESS TO PART *
OF ROA REMAINS THE CASE AS OF THIS DATE5 WHICH PRE6UDICED APPELLANT7S
A4ILIT8 TO PREPARE REPL8 4RIEF5 IN ADDITION TO HIS A4ILIT8 TO CITE TO ROA IN
EITHER OPENING 4RIEF OR REPL8 4RIEF; SUPPLEMENT TO RE9UEST FOR E:TENSION
OF TIME TO FILE REPL8 4RIEF
W;le ltta s#%%a$< ev+,t+ns an! s#%%a$< ,nte%pts =+n7 $#n! t;ese !a<s +n N$t;en
Neva!a le=al ,+$,les5 at least >even ?s#%%a$< ,$+%+nal ,nte%pts?5 t$#l< a $a$e spe,+es". 3+n= 1
@$+n=s t %+n! ?s#%%a$< eAe,#t+ns?...L+@<a 1 <este$<ea$. Pl Pt...Ba<5 t;at7s taB+=n +t !
1a$...@#t ?s#%%a$+l< !+s%+sse!? Appellant t$#l< app$e,+ates t;+s C#$t7s $e,=n+t+n 1 +ts 2n 'CDC-*
- -CEF -
NOTICE OF LAC3 OF ACCESS 4EING ACCORDED TO APPELLANT WITH RESPECT TO RECORD ON APPEAL UNTIL
OCTO4ER *)RD5 *(--5 AND LAC3 OF ACCESS TO PART * OF ROA REMAINS THE CASE AS OF THIS DATE5 WHICH
PRE6UDICED APPELLANT7S A4ILIT8 TO PREPARE REPL8 4RIEF5 IN ADDITION TO HIS A4ILIT8 TO CITE TO ROA IN
EITHER OPENING 4RIEF OR REPL8 4RIEF; SUPPLEMENT TO RE9UEST FOR E:TENSION OF TIME TO FILE REPL8
4RIEF
Electronically Filed
Nov 09 2012 11:42 a.m.
Tracie K. Lindeman
Clerk of Supreme Court
Docket 60302 Document 2012-35541
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
O$!e$ Te%p$a$+l< S#spen!+n= C#=;l+n 1$% t;e p$a,t+,e 1 la2. T;+s C#$t t;e$e+n !e%nst$ate!
t;e ;+=; +!eals +t a!;e$es t5 $e,=n+G+n= >2;e$e %an< t;e$ l,al p$se,#t$s5 C#$ts5 an! ,#$t
app+nte! !e1en!e$s !+! nt" t;at +t +s nt pe$%+ss+@le t t$< t ;ave +t @t; 2a<s 2+t; $espe,t t
%atte$s 1 t;at s$t 2;et;e$ 2e 2ant +s talB+n= a@#t an! $!e$e! te%p$a$+l< s#spen!+n= ne7s la2
l+,ense p#$s#ant t a SCR --->'" Pet+t+n $ an $!e$ 1$ ,%peten,< eval#at+n +n l+=;t 1 NRS
-D/.E(F an! NRS F.(-(.
H2eve$5 Ga$+n7s Respn!en7ts 4$+e1 +tsel1 a$=#es C#=;l+n7s ?1a+l#$e t ,+te t? t;e Appen!+A
$ ROA s%e;2 !+spses 1 eve$<t;+n=. <et Ga$+n =ets t;e @ene1+t 1 all F vl#%s 1 t;e $a t
2$B 2+t;5 %ean2;+le5 ,#=;l+n +s !en+e! a,,ess t;e$et n %#lt+ple ,,asns @< t;+s C#$t7s
ele,t$n+, 1+l+n= s<ste%5 an! nl< 1+$st @ta+ne !pa$t+al a,,ess t;e$et n O,t*)5 *(-*...an! st+ll ;a!
nt @een a11$!e! a,,ess t vl * #nt+l t!a<. C#=;l+n ;as !ne a =$eat !eal 1 $esea$,; n t;ese
+ss#es an! 1eels ;e ;as a lt t !5 +1 =+ven a @+t %$e t+%e. Pl#s t;e S4NCPanel a$ Ha%%+n= ;+% #p
2+t; a --C-EC-* ?,%@ ;ea$+n=? t;at v+lates eve$< aspe,t 1 s,$ -(F>*">," an! t;+s ,#$ts 'CDC-*
$!e$ >?sle p#$pse? p$,ee!+n= s+n=#la$5 s,$ --->D".>/"....el,an %,=e$=e 7D/. $%, nas; HOl%es
=$e+van, n=-*.(E)F %,=e$=e 7DD >see '(/)/ an! '-E*' an! t;+s %atte$ '()(*".
At t;e $+,;a$! G. ;+ll an! ,ase< @aBe$ t$+ple t$a11+, ,+tat+n t$+al +n -- t$ *'/((5 t;e neAt !a<5
H#!=e nas; ;l%es ente$e! ;e$ ?O$!e$ F+n!+n= t;e De1en!ant +n Cnte%pt 1 C#$t an! I%ps+n=
San,t+ns? n *C*/C-*5 2;e$e+n5 a%n=st t;e$ t;+n=s5 6#!=e Hl%es 2$+tes5 n pa=e * 1 ;e$ O$!e$&
?T;e ,#$t ;a! t;e !e1enant s2$n at t;e @e=+nn+n= 1 t;e t$+al stat+n= t;at t;e ,#$t ;as 1#n! t;at
%st sel1.$ep$esente! !e1en!ants ten! t test+1< a =$eat !al as t;e< ,$ss.eAa%+ne pps+n= 2+tnesses
s t;e !e1en!ant 2#l! @e #n!e$ at; 1$% t;e sta$t5 t?. One5 t;at +s $+!+,#l#s. T25 t;at +s nt as
C#=;l+n #n!e$st! +t t @e >$at;e$5 C#=;l+n #n!e$st! t;at +1 ;e ,;se t 2a+ve ;+s F+1t;
A%en!%ent R+=;t an! Test+1< +n ;+s ,ase +n ,;+e15 t;en ;e 2#l! @e #n!e$ Oat; 2;en p$esent+n= an<
s#,; test+%n<. 4#t5 $e=a$!less5 C#=;l+n !+! nt l+e5 $e=a$!less 1 t;e $e,Bless5 $ep$e;ens+@le5
t$#@l+n= alle=at+ns t;at 6#!=e Nas; Hl%es %aBes s eas+l< late$ +n ;e$ O$!e$ 1 *C*/C-* >2;+,;
s;e !esn7t @t;e$ t @lste$ 2+t; an<t;+n= %$e t;an #natt$+@#te! ;ea$sa< >espe,+all< ,ns!e$+n= t;e
se,n! @+te at t;e apple5 s t speaB5 s;e tB +n +ss#+n ant;e$ O$!e$ atte%t+n= t t$ans%=$+1< ?a
s+%ple t$a11+, ,+tat+n t$+al? +nt a 1#ll @l2n D+s,+pl+na$< Hea$+n= >al@e+t a s#%%a$< ne5 nat,;".
F#$t;e$5 !n7t $e,all eve$ ;ea$+n= 7@#t a RMC H#!=e p#tt+n= a C+t< 1 Ren p$se,#t$ #n!e$ at;
- *CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1$% t;e sta$t5 an! Pa%ela R@e$ts5 C;$+stp;e$ HaGlett.Stevens5 6+ll D$aBe5 an! All+sn O$%aas s#$e
see% t ! an a21#l lt 1 test+1<+n= t;e%selves as t;e< ,$ss eAa%+n= 2+tnesses >$5 1$ t;at %atte$5
as t;e< eAa%+ne t;e+$ 2n 2+tnesses n !+$e,t. 1ten asse$t+n= 1a,ts nt +n ev+!en,e5 t;#=; +t +s
%$e t<p+,al 1$ t;e% t ! t;at +n t;e+$ ,ls+n= a$=#%ents".
?N$ !es t;e t$+al H#!=e7s spe,#lat+n t;at Appellant I%+=;t #se ;+s ,ls+n= a$=#%ent t
p$esent #ns2$n test+%n<5$ep$esentat+n. F+$st5 alt;#=; t;e %aH$+t< p+n+n !es,$+@es t;e t$+al
,#$t7s spe,#lat+n as a le=+t+%ate ,n,e$n5 I 2#l! @se$ve t;at t;e $e,$! s#==ests t;e$2+se. F$%
all +n!+,at+ns5 Appellant ,%%+tte! t;ese ;$$+@le ,$+%es. D#$+n= t;e ,#$t p$,ee!+n=s5 ;2eve$5
Appellant ,ns+stentl< %a+nta+ne! p$pe$ !e,$#% an!5 even 2;en ;e ve;e%entl< !+sa=$ee! 2+t; ;+s
app+nte! ,#nsel5 !e%nst$ate! t;at ;e 2as ,apa@le 1 ,al%l< an! $at+nall< $elat+n= ;+s ,n,e$ns t
t;e t$+al ,#$t. F#$t;e$5 Appellant ;+%sel1 +n1$%e! t;e t$+al ,#$t II Bn2 2;at I7% nt s#ppse! t
talB a@#t an<t;+n= t;e$ t;an ev+!en,e t;at ,a%e #p +n t;+s t$+al. S +t7s nt l+Be I7% t$<+n= t test+1<
J.KL In a!!+t+n5 @t; 1 Appellant7s app+nte! att$ne<s +n!+,ate! t;at t;e< 2#l! @e 2+ll+n= t 2$B
2+t; Appellant t I%aBe s#$e n @He,t+na@le %atte$ ,%es +nt t;e ,ls+n= a$=#%ent.L In an< event5
;2eve$5 I 2#l! @se$ve t;at5 +1 an asse$t+n t;at It;e !e1en!ant +s =+n= t ! s%et;+n= 2$n=L
2e$e a @as+s 1$ !en<+n= a !e1en!ant7s $+=;t 1 sel1.$ep$esentat+n5 v+$t#all< n !e1en!ant 2#l! eve$
@e pe$%+tte! t pa$t+,+pate pe$snall< +n ;+s $ ;e$ !e1ense. A,,$!+n=l<5 t;e la2 !es nt $e,=n+Ge
t;e l+Bel+;! 1 a !e1en!ant7s +n,%petent sel1.$ep$esentat+n as a @as+s 1$ !en<+n= t;e $+=;t W;en
!el+ve$+n= t;e ,ls+n= a$=#%ent5 ;2eve$5 Appellant 2#l! @e ;el! t t;e sa%e stan!a$!s as a
l+,ense! att$ne<5 t;e C%%n2ealt; 2#l! ;ave an pp$t#n+t< t @He,t t an< +%p$pe$ a$=#%ent
$ !ev+at+ns 1$% p$pe$ p$,e!#$e5 an! t;e t$+al ,#$t 2#l! ;ave @een a@le t $#le #pn an< s#,;
@He,t+ns an! =$ant an< $el+e1 t;at +t !ee%e! app$p$+ate. FN*( FN-/. St5 -)0 S.W.)! at /FD.
FN-0. See Fa$etta5 E** U.S. at /)E5 0F S.Ct. at *FE(5 EF L.E!.*! at F/- >IIt +s #n!en+a@le t;at +n %st
,$+%+nal p$se,#t+ns !e1en!ants ,#l! @ette$ !e1en! 2+t; ,#nsel7s =#+!an,e t;an @< t;e+$ 2n
#nsB+lle! e11$ts.... An!5 alt;#=; ;e %a< ,n!#,t ;+s 2n !e1ense #lt+%atel< t ;+s 2n !et$+%ent5
;+s ,;+,e %#st @e ;n$e! #t 1 Mt;at $espe,t 1$ t;e +n!+v+!#al 2;+,; +s t;e l+1e@l! 1 t;e la2.L";
C$a21$! v. C%%n2ealt;5 3<.5 /*E S.W.*! /ED5 /E0 >-00*" >IA !e1en!ant ;as an a@sl#te $+=;t t
2a+ve ,#nsel an! t $ep$esent ;+%sel1 an! n !ete$%+nat+n as t t;e e11e,t+veness 1 s#,;
$ep$esentat+n nee! @e %a!e.L"; WaBe5 F-E S.W.*! at '0F >IN ne ,nten!s t;at an a,,#se! %#st @e
,apa@le 1 a!eN#atel< $ep$esent+n= ;+%sel1 +n $!e$ t %aBe a val+! 2a+ve$ 1 ,#nsel.L". FN*(. See
Fa$etta5 E** U.S. at /)E n. E'5 0F S.Ct. at *FE- n. E'5 EF L.E!.*! at F/- n. E' >IJTK;e t$+al H#!=e %a<
te$%+nate sel1.$ep$esentat+n @< a !e1en!ant 2; !el+@e$atel< en=a=es +n se$+#s an! @st$#,t+n+st
%+s,n!#,t.L". 3<.5*((E. St v. C%. -)0 S.W.)! /*D.
6#!=e Nas; =es n t 2$+te ?t;e ,#$t 1+n!s t;at !e1en!ant7s ,nte%pt##s ,n!#,t ,ns+ste!
1 ;+s? an! a%n=st a la#n!$< l+st 1 s<nn<%s 1$ ?!+11+,#lt? 6#!=e Nas; Hl%es t;$2s +n a
?!e,e+t1#l? @last. t;en n pa=e ) 1 ;e$ OR!e$ a%n=st a lt 1 t;+n=s !n7t ;ave t+%e t a!!$ess n2
s;e 2$+tes ?0" !e1en!ant7s l<+n= t t;e ,#$t +n $espnse t !+$e,t N#est+ns pse! @< t;e ,#$t 2+t;
$e=a$! t ;+s $e,$!+n= t;e p$,ee!+n=s?. H#;O Please ! eApla+n 6#!=e Nas; Hl%es. An! please
! 1ll2 t;e a11+!av+t $eN#+$e%ent +n NRS **.(-( t t;e eAtent <#$ O$!e$ p#$p$ts t $el< #pn
s%e #natt$+@#te! ;ea$sa< 1$% ne 1 <#$ Ma$s;als a@#t s%et;+n= +n a $est$% >an! please !
t$< t =et t;e $!e$ 1 events ,$$e,t5 +e5 t;e ne $est$% @$eaB ,a%e 4EFORE t;e nl< p+nt at
2;+,; 6#!=e Hl%es 2ent +nt ;e$ s#a spnte +nte$$=at+n 1 sel1 $ep$esente$ C#=;l+n a@#t
- )CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
$e,$!+n= an! $ ?$e,$!+n= !ev+,es?5 2;+,; 6#!=e Nas; Hl%es la#n,;e! +nt IMMEDIATEL8
1ll2+n= t;e ne $est$% @$eaB... an! +t s#$e 2#l! ;ave @een +nte$st+n= t ;ea$ an<t;+n= OR%aas
sa+! eA pa$te t t;e C#$t !#$+n= t;at @$eaB5 even +1 +t2as 1e$$+e! t t;e ,#$t @< a Ma$s;al.
RE=a$!less5 6#!=e Hl%es pla< @< pla< $en!e$e! t2 2eeBs late$ +s ne 1 t;e %st !+st#$@+n=5
%+s$ep$esentat+n 1+lle! !+s,#$ses ne ,#l! EVER ,%e a,$ss eve$5 +ns+!e $ #ts+!e 1 t;e la25
,ns+!e$+n= ;e$ ps+t+n an! t;e %anne$ +n 2;+,; s;e leve$a=es +t. =! l$! 2;at t;e 2$l! !es nt
nee! $+=;t n2 +s a *D <ea$ l! Ct Ma$s;al 2+t; tats eApse! all ve$ ;+s s;$t sleeve! ens,n,e!
a$%s5 nst$+ls 1la$+n= an=$+l< n a !a+l< @as+s at an< !e1en!ant +n an< 2a< N#est+n+n= @e+n= $!e$e!
t s+=n t;+n=s 2+t;#t $ea!+n= t;e%5 t;at Ma$s;al %aB+n= P/F5((( a <ea$ pl#s PF( +n @ene1+ts @e+n=
tl! ;e +s t;e e<es an! ea$s 1 t;e ,#$t #ts+!e t;e ,#$t$% an! t;at ;+s attestat+ns t t;e ,#$t5
;2eve$ %#$B<5 ne=l+=entl< %a!e5 nt +n an a11+!av+t as $eN#+$e! #n!e$ NRS 1$ t;se alle=at+ns
@ase! #pn ,n!#,t nt +n t;e ,#$t7s +%%e!+ate p$esen,e5 $ #t$+=;t sp#$+#s5 2+ll ne,essa$+l< $es#lt
+n att$ne<7s ls+n= t;e+$ l+,enses n a ?s#%%a$< ,$+%+nal ,nte%pt @as+s?. 6#!=e Nas; Hl%es +s
s#ppse! t $eal+Ge t;at5 $+=;tO R+=;tO
6#!=e Nas; Hl%es ,n,l#!es ;e$ O$!e$ 2+t; ?T;e ,#$t 1+n!s t;at t;e !e1en!ant7s a,t+ns
2e$e +ntent+nal an! !ne +n #tte$ !+s$e=a$! an! ,nte%pt 1$ t;e ,#$t5 and in the presence of the
court5 1$ t;e p#$pses 1 !+s$#pt+n= an! !ela<+n= t;e p$,ee!+n=s an! !+s;n$+n= t;e $#le 1 la2
an! t;+s ,#$t5 and constitute the misdemeanor of criminal contempt, a violation of NRS
22.010. G! ,a#se appea$+n= t;e$e1$e5 t;e 1ll2+n= san,t+ns a$e +%pse!& It +s $!e$e!5
p#$s#ant t NRS 22.100, t;at t;e !e1en!ant @e +n,a$,e$ate! at t;e Was;e C#nt< Re=+nal
Detent+n Fa,+l+t< 1$ t;e te$% 1 1+ve >F" !a<s5 1$% t;e t+%e ;e 2as taBen +nt ,#st!< n t;+s
,#$t7s $!e$ n Fe@$#a$< *D5 *(-*5 an! t;at senten,e s;all nt @e $e!#,e! 1$ an< $easn.?
H#;5 t;at7s t;e st$an=est t;+n=...
NRS **.-(( Penalt< 1$ ,nte%pt.
-. Upon the answer and evidence taken5 t;e ,#$t $ H#!=e $ H#$<5 as t;e ,ase %a< @e5 s;all
!ete$%+ne 2;et;e$ t;e pe$sn p$,ee!e! a=a+nst +s =#+lt< 1 t;e ,nte%pt ,;a$=e!.
*. EA,ept as t;e$2+se p$v+!e! +n NRS **.--(5 +1 a pe$sn +s 1#n! =#+lt< 1 ,nte%pt5 a 1+ne %a< @e
+%pse! n t;e pe$sn nt eA,ee!+n= PF(( $ t;e pe$sn %a< @e +%p$+sne! nt eA,ee!+n= *F !a<s5
$ @t;.
H#;O T;at7s 2e+$!. 6#!=e Nas; Hl%es5 +n e11e,t+n= t;e $a$est 1 ?,nte%pt? spe,+es >even
$a$e$ 2;e$e lev+e! a=a+nst an att$ne< $ep$esent+n= a ?,l+ent? even +1 +n -- t$ *'/(( t;en att$ne<
C#=;l+n7s sel1 $ep$esentat+n %a< nt 1+t s eas+l< +nt s#,; a !es+=nat+n see%s t @e 1+n!+n= a 2a<
t =et a$#n! t;e 1a,t t;at lts 1 t;e st#11 s;e va=#el< ,+tes t +n t;e *C*/C-* OR!e$ ><# Bn25 t;e
@l! 1a,e t<pe.+s;5 =#t p#n,;5 ,;p @l,B5 ,;eaps;t ?1+n!+n=s @< ,lea$ an! ,nv alle=at+ns t;at
C#=;l+n
Its a $eal tle! #p O$!e$ F+n!+n= De1en!ant +n Cnte%pt an! I%ps+n= San,t+sn @< 6#!=e
Hl%es +1 <# lB ,lse en#=;. 8#7ll nt a $eal ,a$e1#l stee$+n= a2a< 1$% p;$ases 1$% CBe
an! t;e l+ne 1 ,ases !eta+l+n= ;2 +n,$e!+@l< na$$2 an eA,ept+n an! appl+,at+n t;e la2 2+ll pe$%+t
1$ ?s#%%a$< ,$+%+nal ,nte%pt?...6#!=e Hl%es O$!e$ 2+ll nt ,nta+n t;e @#GG p;$ases ne,essa$<
t s#pp$t a ?s#%%a$< ,$+%+nal ,nte%pt? 1+n!+n=....l+Be ?+%%e!+ate p$esen,e? $ ?eve$< ele%ent
#n!e$ 2at,;1#l e<e 1 t;e 6#!=e? $ ?the use of the summary contempt power is proper only for
- ECEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"chares of misconduct, in open court, in the presence of the !ude, which distur"s the court#s
"usiness, where all of the essential elements of the misconduct are under the eye of the court,
are actually o"served "y the court, and where immediate punishment is essential to prevent
$demorali%ation of the court#s authority# "efore the pu"lic." &ounders v. 'atson,(21 U.S. )*2,
)**, 11+ S.,t. 2-(), 1-* ../d.2d )+0 11)++2 1per curiam2 13uotin 4n re 5liver,--- U.S. 2(+,
2+(, 0* S.,t. 6)), )2 ../d. 0*2 11)6*22.
Rather than mentionin "immediate presence" 7ude 8olmes 5rder#s reads "the court
held the defendant in criminal contempt of court for his "ehavior and activities committed in
the direct presence of this court durin the trial"...
C#$+#sl<5 6#!=e Nas; s#pp$ts ;e$ ?summary ,$+%+nal ,nte%pt? O$!e$ @< %ent+n+n= a
nn.s#%%a$< ,nte%pt stat#t$< se,t+n5 NRS **.(-(5 t;en =+n= nt t5 appa$entl<5 le=+stlate 1$%
t;e @en,; a l+ttle an! ,lass+1< NRS **.(-( as ?,$+%+nal ,nte%pt? !esp+te t;e 1a,t t;at n$s **.(-( +s
nt a ,$+%+nal stat#te.
NRS **.()( S#%%a$< p#n+s;%ent 1 ,nte%pt ,%%+tte! +n +mmediate view and presence of
court; affidavit or statement to "e filed 2;en ,nte%pt ,%%+tte! outside immediate view and
presence of court; dis3ualification of !ude.
-. I1 a ,nte%pt +s ,%%+tte! +n t;e immediate view and presence of the court $ H#!=e at ,;a%@e$s5 t;e ,nte%pt %a<
@e p#n+s;e! summarily. I1 t;e ,#$t $ H#!=e summarily punishes a pe$sn 1$ a ,nte%pt p#$s#ant t t;+s s#@se,t+n5
t;e ,#$t $ H#!=e s;all ente$ an $!e$ t;at&
>a" Re,+tes t;e 1a,ts ,nst+t#t+n= t;e ,nte%pt +n t;e +%%e!+ate v+e2 an! p$esen,e 1 t;e ,#$t $ H#!=e;
>@" F+n!s t;e pe$sn =#+lt< 1 t;e ,nte%pt; an!
>," P$es,$+@es t;e p#n+s;%ent 1$ t;e ,nte%pt.
*. I1 a ,nte%pt +s nt ,%%+tte! +n t;e +%%e!+ate v+e2 an! p$esen,e 1 t;e ,#$t $ H#!=e at ,;a%@e$s5 an a11+!av+t %#st
@e p$esente! t t;e ,#$t $ H#!=e 1 t;e 1a,ts ,nst+t#t+n= t;e ,nte%pt5 $ a state%ent 1 t;e 1a,ts @< t;e %aste$s $
a$@+t$at$s.
). EA,ept as t;e$2+se p$v+!e! +n t;+s s#@se,t+n5 +1 a ,nte%pt +s nt ,%%+tte! +n t;e +%%e!+ate v+e2 an! p$esen,e 1
t;e ,#$t5 t;e H#!=e 1 t;e ,#$t +n 2;se ,nte%pt t;e pe$sn +s alle=e! t @e s;all nt p$es+!e at t;e t$+al 1 t;e ,nte%pt
ve$ t;e @He,t+n 1 t;e pe$sn. T;e p$v+s+ns 1 t;+s s#@se,t+n ! nt appl< +n&
>a" An< ,ase 2;e$e a 1+nal H#!=%ent $ !e,$ee 1 t;e ,#$t +s !$a2n +n N#est+n an! s#,; H#!=%ent $ !e,$ee 2as ente$e!
+n s#,; ,#$t @< a p$e!e,ess$ H#!=e t;e$e1 -( <ea$s $ %$e p$e,e!+n= t;e @$+n=+n= 1 ,nte%pt p$,ee!+n=s 1$ t;e
v+lat+n 1 t;e H#!=%ent $ !e,$ee.
>@" An< p$,ee!+n= !es,$+@e! +n s#@se,t+n - 1 NRS ).**)5 2;et;e$ $ nt a 1a%+l< ,#$t ;as @een
esta@l+s;e! +n t;e H#!+,+al !+st$+,t.
NRS **.(-( A,ts $ %+ss+ns ,nst+t#t+n= ,nte%pts. T;e 1ll2+n= a,ts $ %+ss+ns s;all @e
!ee%e! ,nte%pts&
-. D+s$!e$l<5 ,nte%pt##s $ +nslent @e;av+$ t2a$! t;e H#!=e 2;+le t;e H#!=e +s ;l!+n= ,#$t5 $ en=a=e! +n H#!+,+al
!#t+es at ,;a%@e$s5 $ t2a$! %aste$s $ a$@+t$at$s 2;+le s+tt+n= n a $e1e$en,e $ a$@+t$at+n5 $ t;e$ H#!+,+al p$,ee!+n=.
*. A @$ea,; 1 t;e pea,e5 @+ste$#s ,n!#,t $ v+lent !+st#$@an,e +n t;e p$esen,e 1 t;e ,#$t5 $ +n +ts +%%e!+ate
v+,+n+t<5 ten!+n= t +nte$$#pt t;e !#e ,#$se 1 t;e t$+al $ t;e$ H#!+,+al p$,ee!+n=.
- FCEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
). D+s@e!+en,e $ $es+stan,e t an< la21#l 2$+t5 $!e$5 $#le $ p$,ess +ss#e! @< t;e ,#$t $ H#!=e at ,;a%@e$s.
E. D+s@e!+en,e 1 a s#@pena !#l< se$ve!5 $ $e1#s+n= t @e s2$n $ ans2e$ as a 2+tness.
F. Res,#+n= an< pe$sn $ p$pe$t< +n t;e ,#st!< 1 an 11+,e$ @< v+$t#e 1 an $!e$ $ p$,ess 1 s#,; ,#$t $ H#!=e at
,;a%@e$s.
'. D+s@e!+en,e 1 t;e $!e$ $ !+$e,t+n 1 t;e ,#$t %a!e pen!+n= t;e t$+al 1 an a,t+n5 +n speaB+n= t $ +n t;e p$esen,e
1 a H#$$ ,n,e$n+n= an a,t+n +n 2;+,; t;e H#$$ ;as @een +%panele! t !ete$%+ne5 $ +n an< %anne$ app$a,;+n= $
+nte$1e$+n= 2+t; s#,; H#$$ 2+t; t;e +ntent t +n1l#en,e t;e ve$!+,t.
D. A@#s+n= t;e p$,ess $ p$,ee!+n=s 1 t;e ,#$t $ 1alsel< p$eten!+n= t a,t #n!e$ t;e a#t;$+t< 1 an $!e$ $ p$,ess 1
t;e ,#$t.
One +s B+n! 1 le1t 2n!e$+n=& 2;< !idn#t 7ude Nash 8olmes !ust use the summary
contempt statute that 7ude 8oward cited to 1NRS 22.0-02 incident to his sentencin= C#=;l+n5
sta$+n= $+=;t t;en >n sta< 1$ a$$an=+n= t av+! p$eH#!+,e t C#=;l+n7s ,l+ents 1$% 6#!=e H2a$!5
n 2a<5 6se...n$ 1$% 6#!=e Ell+n n Ap$+l -0t;5 *(-* 2;en ;e p#t C#=l+n +n Ha+l 1$ / !a<s ve$
a %an#1a,t#$e! !+sp#te ve$ t;e te$%s 1 a C%peten,< Eval#at+n >6#!=e Ell+t !+!n7t t;+nB av+!+n=
p$eH#!+,e t C#=;l+n7s ,l+ent7s a11a+$s 2as +%p$tant en#=; t =$ant even t;e sl+=;test sta<...s%e
%+=;t sa< t;ese 6#!=es 2ante! t 2$e,B C#=;l+n7s ,a$ee$ as =! an a21#l as pss+@le5 an! 2e$en7t
a1$a+! t #se C#=;l+n7s ,l+ent7s +nte$ests +n t;e p$,ess t ! +t.
O;5 %a< +t +s @e,a#se 1 t;at +n,nven+ent st#11 +n NRS **.()( a@#t ;2 s%ene =tta s+=n
an A11+!av+t +1
T;+s @+t a@#t +t nt @e+n= C#=;l+n7s 1a#lt ;e !+!n7t Bn2 6#!=e Nas; Hl%es ;a! v+a ;e$
*C*/C-* O$!e$ ,;a$a,te$+Ge! t;e ?,nte%pt? t @e t;e ?%+s!e%ean$ 1 ,$+%+nal ,nte%pt? s$t 1
?,nte%pt? %eans C#=;l+n a$=#a@l< !+! nt v+late t;e USPTO $#le $elate! t $ep$t+n= ?2+t;+n )(
!a<s? an< 1 a t;e t<pe $eN#+$e! @< --.*F. 4#t5 2+t;+n )( !a<s 1 1+nall< =ett+n= a ,p< 1 t;at
*C*/C-* ?F+n!+n= 1 Cnte%pt an! O$!e$ I%ps+n= San,t+ns? 1 6#!=e Hl%es >C#=;l+n nl< 1+$st
@e,a%e a2a$e s#,; a 2$+tten O$!e$ eA+ste! #pn $e,e+v+n= t;e SCR --D D+sa@+l+t< Pet+t+n t;e S4N
;as t$+e! t 1$,e n C#=;l+n...C#=;l+n +s 1+ne5 ;e +s nt !+sa@le!. He +s $#nn+n7 +t. S5 ?2+t;+n )(
!a<s? 1 1+nall< =ett+n= t;at O$!e$5 C#=;l+n $ep$te! t t;e USPTO5 an! t;e sa%e ,an a$=#a@l< @e
sa+! 1 $ep$t+n= t;+s C#$t7s 'CDC-* te%p$a$< s#spens+n. T;e nl< t;+n= +s t;at C#=;l+n 2as +n
Ha+l 1$% 6#l< )$!5 *(-* t 6#l< *-5 *(-* n t;e $+!+,#l#s an! s+n,e !$ppe! @< t;e C+t< 1 Ren 6#l<
)$!5 *(-* ?!+st#$@+n= t;e pea,e? ,;a$=e...s a$=#a@l< a tll+n= 1 -D !a<s $ s s;#l! @e s#@t$a,te!
1$% an anal<ses 1 2;et;e$ C#=;l+n t+%el< $ep$te!.
It 2as nl< #pn 1+n!+n= t;e *C*/C-* OR!e$ atta,;e! t t;e SCR --D Pet+t+n +n '(0DF >2;+,;
+s a sp#$+#s ne=l+=ent !,#%ent +n +ts 2n $+=;t" t;at C#=;l+n 2as app$+se! 1 t;e 1a,t t;at 6#!=e
Hl%es ;a! p#t t;e s#%%a$< ,nte%pt O$!e$ +n 2$+t+n=. C#=;l+n nt+1+e! t;e Un+te! States Patent
an! T$a!e%a$B O11+,e >USPTO 2;e$e+n C#=;l+n +s l+,ense as a Patent Att$ne< as 1 t;+s !ate5 $ at
least as an a=ent t 2;ateve$ eAtent C#=;l+n7s ne state la2 l+,ense +s s#spen!e! p#$s#ant t t;+s
C#$t7s 'CDC-* O$!e$ +n '(/)/".
F$ a patent att$ne< a=ent l+Be C#=;l+n5 t;e$e a$e !+ =$#n!s 1$ !+s,+pl+ne @< t;e USPTO&
>+" ,nv+,t+n 1 a se$+#s ,$+%e5-' >++" !+s,+pl+ne n et;+,al =$#n!s @< ant;e$ H#$+s!+,t+n $
!+s,+pl+na$< !+sN#al+1+,at+n 1$% pa$t+,+pat+n= +n $ appea$+n= @e1$e an< Fe!e$al p$=$a% $
a=en,<5-D >-' )D C.F.R. Q --.*F p$es,$+@es p$,e!#$es 1$ +nte$+% s#spens+n an! !+s,+pl+ne @ase!
- 'CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
#pn ,nv+,t+n 1 a se$+#s ,$+%e $ ,n!#,t +nvlv+n= %$al t#$p+t#!e $ ,nv+,t+n $ a ,$+%+nal
11ense +nvlv+n= %$al t#$p+t#!e5 !+s;nest<5 $ @$ea,; 1 t$#st.> 1$ eAa%ples5 see& D*(('.*(5
D*((D.()5 D*((/.(-5 D*((/.-*5 D*((/.*)5 D*((0.(-5 D*((0.(F5 D*((0.-E an! D*((0.E* +n t;e
OED Rea!+n= R% at ;ttp&CC!es.USPTO.=vCF+aCOEDRea!+n=R%.Hsp. T;ese a$e nl< a 1e2
eAa%ples. T;e$e a$e %$e eAa%ples +n *(-( an! *(-- t+%e pe$+!. T;ese ,an @e v+e2e! +n t;e
a1$e%ent+ne! OED Rea!+n= R% 2e@s+te." -D )D C.F.R. Q --.*E p$es,$+@es p$,e!#$es 1$
$e,+p$,al !+s,+pl+ne. H2eve$5 OED ;as t;e pt+n 1 +n+t+at+n= a !+s,+pl+na$< a,t+n @ase! n +ts
2n !+s,+pl+na$< $#les an! nt ! a $e,+p$,al !+s,+pl+ne. R#le )D C.F.R. Q --.*F>a" $eN#+$es t;at a
pe$sn p$a,t+,+n= @e1$e t;e O11+,e Is;all nt+1< t;e OED D+$e,t$ +n 2$+t+n= R 2+t;+n t;+$t< >)("
!a<s RL 1$% t;e !ate 1 a ,nv+,t+n 1 a I,$+%eL >#n!e$s,$+n= a!!e! 1$ e%p;as+s".
>T;at *C*/C-* O$!e$ 2as t;en5 #n!e$ t;e RMC7s Ce$t+1+,ate 1 Se$v+,e5 %a+le! t an a!!$ess t;e RMC
Bne2 1#ll 2ell 2as n ln=e$ =! 1$ C#=;l+n5 an! t;e RMC 1a+le! t 1aA5 $ e%a+l $ t;e$2+se
seeB t $e%a+l +t t C#=;l+n #pn $e,e+v+n= +t @a,B #pn an ?#n!el+ve$a@le? +n!+,at+n @< t;e USPS
>!esp+te 1e+=n+n= s%e $eal st$n= e11$ts t =et +n ,nta,t 2+t; C#=;l+n at t;e t+%e +n ;e$ )C-EC-*
2$+tten =$+evan,e a=a+nst C#=;l+n t t;e S4N >t @e 1a+$5 +t +s t$#e t;at +n,+!ent t C#=;l+n @e+n= a
v+,t+% 1 !%est+, v+len,e an! @ene1+tt+n= 1$% t2 O$!e$s 1 P$te,t+n 1$% Maste$ E!%n!sn5
2; $eall< would %aBe a =$eat Fa%+l< C#$t 6#!=e al$ea!<" C#=;l+n7s a,,ess t ;+s %a+l@A 2as
+nte$1e$$e! 2+t; @< ;+s a@#se$s an!5 alle=e!l<5 #pn +n1$%at+n an! @el+e15 %e%@e$s 1 t;e USPS
Gl!en Valle< Stat+n5 NV Ene$=< >NV Ene$=< an! t;e USPS a$e n 1$+en!s t v+,t+%s 1 !%est+,
v+len,e $ t;se 2;se lease a$e val+! #n!e$ --/A.-'(5 as leases ,an @e ve$@al +n Neva!a5 an! t;e
USPS an! NV Ene$=<5 essent+all< t2 %npl+es5 s;#l! nt @e all2e! t !e%an! s,+al se,#$+t<
,a$!s an! 2$+tten lease 1$% an<ne5 %#,; less !%est+, v+len,e v+,t+%s5 %e$el< @e,a#se t;e
n#%@e$s +n!+,ate +t ;elps t;e+$ p$1+t %a$=+ns t a!pt s#,; an app$a,;. TalB+n= t <# 4#,B H<!e5
Te$$+ 6a%es5 an! ?Ms. Passt?. an! t;e 1$%e$ !ete,t+ve 2$B+n= 1$ NV Ene$=< 2;se na%e es,apes5
an! S#e 3+n= #na#t;$+Ge p$a,t+t+ne$ 1 la2 1$ Pa$B Te$$a,e T2n H%es HOA an! $ Gal<e 3e$n5
EsN. ,#l! ans2e$ a 1e2 N#est+ns a@#t t;e eAtent t 2;+,; t;e< a!v,ate! @e;+n! t;e s,enes t
!ep$+ve C#=;l+n 1 p2e$ +n ;+s $ental >!esp+te 11e$+n= t pa< 1$ +t an! p#t +t +n ;+s na%e #pn ;+s
1$%e$ ;#se%ates5 2;% WNM an! PTTHOA a!%+ts 2e$e t;e$e 2+t; t;e eAp$ess app$val 1 t;e
HOA 4a$! #pn $e,+ev+n= app$val 1$% S;e+la Leste$ an! t;e 4a$! +n,+!ent t 1$%e$ WNM
%ana=e$ R@<n 4atal! p$esent+n= a p$psal !+$e,te! t;e$et t +t. an! 2;en t;se ?tenants?>2;
2e$e a$=#a@l< e%pl<ees =+ven t;e 2$B 1$ $ent t$a!e a!%+tte! t" $ent $ s#@lease t C#=;l+n....
T;at a+n7t sN#att+n=5 S;e+la. 8# %+=;t ,all +t a s#@tenan,<5 a,t#all<. 4#t +ts nt ?sN#att+n=?....an!
an<ne +nte$1e$+n= 2+t; C#=;l+n7s a@+l+t< t =et ;+s %a+l !#$+n= t;+s t+%e5 $#=;l+n 6an#a$< *(-*
t;$#=; %+! Ma$,; *(-*5 s;#l! @e l+a@le 1$ an< ,nseN#ent+al !a%a=es...;2eve$5 +t 2#l! ;elp +1
ne ,#l! = t t;e RMC an! asB t see a !,Bet 2+t; RMC Ma$s;al =ett+n= t;e+$ A11+!av+ts #t an!
,lan!est+ne5 $e;ea$se! lette$s t t;e S4N #t !eta+l+n= ;2 C#=;l+n sa+! ;e 2as =+n= t ?!epse?
t;e 1+l+n= 11+,e sta11 a@#t t;e !,Bets....H2 a@#t H#st p$+nt #t a !,Bet5 %a<@e ,;a$=e a
$easna@le p$+nt 1ee5 an! leave t;e ttal+ta$+an ;st+l+t< 1$ ant;e$ t+%e5 Ma$s;al MenGel5 Cppa5
Ha$le< an! T2nsen!O An! ?Cle$Bs 1 C#$t? $ A!%+n+st$at+ve Ass+stants ,all+n= #p 4a$ C#nsel
an! $ep$t+n= n t;+s $ t;at aspe,t 1 an att$ne<7s ,lt;+n= 2;en ;e =es t t;e RMC 1+l+n= 11+,e
,#nte$ t ,;e,B n t;e stat#s 1 ,ases $ !ea!l+nes $ #p,%+n= ;ea$+n=s"... T;e$e a$e ,lle,t+n
a=en,+es an! t;en t;e$e a$e ,#$ts 1 la25 an! t;e !+st+n,t+n s;#l! al2a<s @e eAt$e%el< appa$ent t
t;e p#@l+,.
- DCEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A1te$ t;e ,nv+,t+n +s $ep$te! t OED @< a p$a,t+t+ne$5 t;e D+$e,t$ 1 OED 2+ll %aBe a
!ete$%+nat+n as t 2;et;e$ t;e ,$+%+nal 11ense ,nst+t#tes a Ise$+#s ,$+%e.L C#=;l+n ;as $ep$te!
t t;e S4N an! t;e USPTO t;e 1ll2+n= ,nv+,t+ns 1$% t;e last <ea$&
119-0911 conviction in 11 ,R 221+0 Reno :unicipal ,ourt 7ude ;enneth 8oward petty
larceny conviction of "candy "ar and some couh drops" >alle=at+n ttall+n= P-E.((". 6#!=e
Ga$!ne$ !en+e! C#=;l+n7s $eN#est 1$ a ,nt+n#an,e !esp+te pps+n= ,#nsel +n t;e ev+,t+n ,ase
1$% C#=;l+n7s 1$%e$ ;%e la2 11+,e appl<+n= an #nla21#l $ent !+st$a+nt #pn eA,#lpat$< v+!es
p$v+n= t;at Wal.Ma$t ;a! eAp$essl< t;$eatene! t $etal+ate #pn C#=;l+n @< a@#s+n= p$,ess
+n,+!ent t C#=;l+n7s ,%pla+n+n= t Wal.Ma$t %ana=e$s5 +n,l#!+n= W. Dt; St. Wal.Ma$t Mana=e$
6;n Ell+s a@#t t;e appa$entl< 1$a#!#len,e +n;e$ent t Wal.Ma$t7s %ana=e$ ,nstantl< ?1$=ett+n=?
t;e Ret#$n Pl+,< t;e< ;l! #t t t;e p#@l+, an! #se! t ,$#s; t;e+$ ,%pet+t$s 1$ <ea$s. 6#!=e
H2a$! $e1#se! C#=l+n even ne ,nt+n#an,e +n t;+s %atte$5 even 2;e$e t;e Ren Spa$Bs In!+an
Cln< >2;+,; 2ns t;e lan! t;at Wal.Ma$t s+ts n an! $ents +t t an! p$1+t s;a$es 2+t; t;at Wal.
Ma$t" Pl+,e Depa$t%ent O11+,e$s 3a%e$n C$a21$! an! Dnn+e 4$a#n2$t;5 +n a!!+t+n t Wal.
Ma$t7s T;%as F$nt+n5 2e$e ,a#=;t l<+n= n v+!e tape +n ,ns+!e$at+n 1 t;e+$ test+%n< at t$+al
t;at s;e sea$,; +n,+!ent t a$$est >2;e$e+n a a 1e2 ,#=; !$ps 2e$e 1#n! +n C#=;l+n7s p,Bets" 1$
t;e alle=e! ,%%+ss+n 1 a %+s!e%ean$5 ,,#$+n= #ts+!e t;e 11+,e$7s p$esen,e an! a1te$ D p% at
n+=;t
091*912 criminal trespass conviction in 11 ,R 2060( "efore R:, 7ude 'illiam <ardner
incident to a summary eviction of a commercial tenant where non=payment of rent was not
pled or noticed> lockout of 1191911 of ,ouhlin from his former home law office at 121 River
Rock St., Reno, N?.
*C*DC-* ?s#%%a$< ,$+%+nal ,nte%pt? ,nv+,t+n @< RMC 6#!=e D$t;< Nas; Hl%es s;$tl< a1te$
s;e5 #pn +n1$%at+n an! @el+e15 %et 2+t; t;e$ RMC 6#!=es an! 2as %a!e a2a$e 1 an O$!e$ 1$
C%peten,< Eval#at+n 1 C#=;l+n5 an! t;#s $eN#+$+n= 6#!=e Nas; Hl%es t ,ease pe$s+st+n= +n t;e
@v+#sl< 2ell ,$!+nate!5 a=en!a +nt a,t+n t;at seve$al RMC 6#!=es >an! pe$;aps s%e t;e$s"
!evelpe! a=a+nst C#=;l+n +n,+!ent t t;e$e n#%e$#s ,lse! !$ %eet+n= sess+ns 2;e$e 6#!=e W.
Ga$!ne$ +ns+sts5 s%e;25 l,al att$ne< R+,;a$! G. H+ll5 EsN.7s p$esen,e5 +nvlve%ent5 $ na%e
neve$ ,a%e #p n,e5 !esp+te H+ll7s 1+n=e$p$+nts @e+n= all ve$ all 1#$ 1 t;se p$se,#t+ns +n,+!ent t
<et ant;e$ $etal+at$< a$$est an! p$se,#t+n @< t;e Ren Pl+,e Depa$t%ent 1 C#=;l+n +n
RCR*(-*.('F')( >?%+s#se 1 e%e$=en,< ,%%#n+,at+ns?C0-- ,alls" a$$est +n,+!ent t t;e !%est+,
v+len,e C#=l+n an! ;+s !=5 PeB+n=ese 6a,Bsn Pa2l#,B 2;e$e a v+,t+% 15 @< RPD Sa$=ent Pa#l
S+1$e an! O11+,e$ 6asn S,;a#$5 2+t; Sa$=ent S+1$e ;av+n= ;a! C#=;l+n a$$este! H#st ve$ E/ ;#$s
p$ev+#sl< n -C-*C-* 1$ ?Ha<2alB+n=?5 <ep5 a ,#st!+al a$$est 1$ Ha<2alB+n=. Ren 0-- +n RMC
,ase -* CR (('0'5 2;+,; 6#!=e L+n!a Ga$!ne$7s @$t;e$ W. Ga$!ne$ t$ans1e$$e! t 6#!=e Nas;
Hl%es Depa$t%ent 1$% ant;e$ n *C*DC-* as 2ell..
I1 t;e D+$e,t$ !ete$%+nes t;at t;e 11ense 2as a Ise$+#s ,$+%eL5 t;e D+$e,t$ 2+ll 1+le a $eN#est 2+t;
t;e D+$e,t$ 1 t;e USPTO 1$ an +nte$+% s#spens+n 1 t;e p$a,t+t+ne$ 1$% p$a,t+,e @e1$e t;e
USPTO. T;e p$a,t+t+ne$ 2+ll ;ave t;e pp$t#n+t< 1$ a ;ea$+n=5 ;2eve$5 t;e nl< =$#n!s 1$ nt
=$ant+n= t;e $eN#est a$e t;at >+" t;e ,$+%e !+! nt ,nst+t#te a se$+#s ,$+%e5 >++" t;e pe$sn +s nt t;e
pe$sn 2; ,%%+tte! t;e ,$+%e $ 1iii2 the @conviction was so lackin in notice or
- /CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
opportunity to "e heard as to constitute a deprivation of due process -+
,.A.R. B 11.2(1"21-2. LI$$espe,t+ve 1 t;e %e$+ts 1 t;e ,nv+,t+n5 1a+l#$e 1 a p$a,t+t+ne$ t
a!v+se t;e D+$e,t$ 1 OED 1 t;e ,nv+,t+n ,#l! s#@He,t t;e p$a,t+t+ne$ t !+s,+pl+ne #n!e$ )D
C.F.R. Q -(.*)>,">-E"5 +1 OED lea$ns 1 t;e ,nv+,t+n a1te$ t;e t;+$t< >)(" !a< $ep$t+n= pe$+! ;as
eAp+$e!. State la2 v+lat+ns #n!e$ t;e ,ate=$< 1 $e,+p$,al !+s,+pl+ne 1all #n!e$ s#spens+n $
!+s@a$%ent 1$% p$a,t+,e n et;+,al =$#n!s @< a state #n!e$ )D C.F.R. Q -(.*)>,">F"5 $ ,nv+,t+n
#n!e$ a state la2 11ense +nvlv+n= %$al t#$p+t#!e #n!e$ )D C.F.R. Q -(.*)>,">-". EAa%ples 1
,n!#,t +n t;e ,ate=$< +nvlv+n= ,$+%+nal ,nv+,t+ns +n,l#!e& assa#lt 2+t; a !ea!l< 2eapn;
en=a=+n= +n seA#all< eApl+,+t ,nve$sat+n 2+t; a %+n$ ve$ t;e +nte$net; ;+t an! $#n an! DUI; seA#al
assa#lt; en,#$a=+n= an +lle=al al+en t ,%e t t;e Un+te! States; +ns+!e$ t$a!+n=; 2+$e 1$a#!; an!
pssess+n an! t$a11+,B+n= 1 a ,nt$lle! s#@stan,e. In $e Ta%#$a5 D*((/.*); In $e Leve$5 D*((0.-E;
In $e Re<nl!s5 D-000.-*; In $e Ma+$+n5 D*((E.--; In $e RstBe$5 D*((E.-F; In $e Ma$Bs5 D*((F.
(F; In $e TeGaB5 D*(('.(F; In $e Rse5 D*(('.-'.
L#,B+l< 1$ C#=;l+n5 all t;$ee >$ +t +s 1#$ +1 <# ,#nt 6#!=e H2a$! 1+n!+n= C#=;l+n
,nv+,te! 1 ?s#%%a$< ,nte%pt? as 2ell as ?pett< la$,en<? +n t;e Wal.Ma$t ,ase n --C)(C--" 1 ;+s
?,$+%+nal? ,nv+,t+ns a$e convictions was so lackin in notice or opportunity
to "e heard as to constitute a deprivation of due process -+ ,.A.R. B
11.2(1"21-2.
An!5 +n 1a,t5 t;e -- TR *'/(( ?s#%%a$< ,$+%+nal ,nte%pt? ,nv+,t+n +s nt even a $eal
t;+n=5 $ an a,t#al ,$+%e +n Neva!a5 at least nt stat#t$+l<....An! t;at7s t;e 2;le p+nt& ?s#%%a$<
,$+%+nal ,nte%pt? s;#l! @e s#,; a $a$e ,nv+,t+n t;at +s s;#l!n7t =et t taBe #p spa,e +n a
stat#te..W;en C#=;l+n 2as +n,a$,e$ate!5 ;e ;ea$! s%e Dep#t+es sa<+n= s%e t;+n=s t;#=; t;at
+n!+,ate t;ese s$ts 1 t;+n=s a$e nt all t;at $a$e at t;e RMC t;ese !a<s...?p#t t;e B+! +n a ?;#= a
t;#=? p$=$a% ne 2eeB5 ;e7s @a,B n a Ha<2alB+n= ,;a$=e t2 2eeBs late$...an! s;e =+ve ;+% '
%nt;s +n Ha+lO S;e7s H#st @e<n! at t;+s p+nt5 %an....?. An! t;e ) !a<s 1$ ?s#%%a$< ,nte%pt? n$s
**.()( 1$% 6#!=e H2a$! +s ?,+v+l ,nte%pt?5 +e5 nt a ,$+%e $ %+s!e%ean$5 nt t;at 6#!=e
H2a$!7s O$!e$ +s all t;at %#,; 1 a ,ele@$at+n 1 !#e p$,ess pa$t+,#la$l< 2;e$e ;e H#st+1+e! ;e
!epa$t#$e 1$% A+n=e$s+=ne$7s $eN#+$e%ent @< sa<+n= ;e 2#l!n7t +ss#e Ha+l t+%e >2ell5 a,t#all<5 ;e
sa+!5 Ha+l t+%e 2as nt t<p+,al...s +t 2asn7t l+Be ;e =ave a =#a$antee $ an<t;+n= as a ,nslat+n t ;+s
@t; !en<+n= t;e S+At; A%en!%ent R+=;t T C#nsel an! even ne ,nt+n#an,e t C#=;l+n5 2;%
6#!=e H2a$! Bne2 ;a! H#st @een ev+,te! less t;an ne %nt; p$+$...an! 2as @e+n= p$se,#te! 1$ a
1+$st 11ense ,;a$=e 1 s;pl+1t+n= foodO Uh-huh. G#ess t;e taBe ;%e %essa=e +s =! =a2! !n7t
<# !a$e alle=e p$se,#t$+al %+s,n!#,t t2a$! t;e 2$B 1 Pa% R@e$ts. O$ !n7t let t;e 2$n=
1lBs !2n at t;e RMC ;ea$ a@#t +t. An! !n7t 1+le a 2$+tten ,%pla+nt a=a+nst RPD O11+,e$ N+,B
D#$al!e 2+t; t;e asB$p!S$en.=v s<ste% $ t;e ,pl=+, t;+n= an! @e #np$epa$e! a %nt; late$ at
t;e a$$a+n=%ent n t;e 2al.%a$t ,;a$=e +1 t;+n=s $eall<5 $eall<5 sta$t t = pea$ s;ape!5 st$an=el< s
even5 2;en t;$#st +nt a t$+al less t;an a %nt; a1te$ =ett+n= a,,ess t t;e pl+,e $ep$t >2;e$e t;e C+t<
Att$ne<5 as appa$entl< +s #s#all< t;e ,ase5 ;as ;a! t;e $ep$t 1$ nea$l< a %nt; al$ea!< @< t;e t+%e
<# =et +t" t;+nB t;+n=s a$e =+n= t = all t;at 2ell....
Upn $ev+e2+n= C#=;l+n7s $e,ent 1+l+n=s +n '-0(- an! t;e Mt+n 1$ Ne2 T$+al +n -- CR
*'E(F5 an! +n,l#!+n= t;e v+!e tape! a!%+ss+n @< RPD Sa$=ent LpeG...;2 ,an ne nt ,n,l#!e
- 0CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
t;at H+ll5 Me$l+ss5 Sa$=ent LpeG5 an! O11+,e$ Ca$te$5 Ma$s;al Ha$le<5 T;%as F$nt+n an! 3a%e$n
C$a21$! an! Dnn+e 4$a#n2$t; a$e all +n v+lat+n 1 t;e 1ll2+n= stat#tes&
NRS 1)).-10 :alicious prosecution. A pe$sn 2; %al+,+#sl< an! 2+t;#t p$@a@le ,a#se
t;e$e1$5 ,a#ses $ atte%pts t ,a#se ant;e$ pe$sn t @e a$$este! $ p$,ee!e! a=a+nst 1$ an< ,$+%e
1 2;+,; t;at pe$sn +s +nn,ent& -. I1 t;e ,$+%e +s a 1eln<5 +s =#+lt< 1 a ,ate=$< D 1eln< an! s;all
@e p#n+s;e! as p$v+!e! +n NRS -0).-)(; an! *. I1 t;e ,$+%e +s a =$ss %+s!e%ean$ $ %+s!e%ean$5
+s =#+lt< 1 a %+s!e%ean$.
F#$t;e$5 2;e$eas Hn W. Ga$!ne$5 @e1$e l#n,; !#$+n= t;e t$+al n 'C-/C-* p$esente! ne set
1 ,+$,#%stan,es t C#=;l+n $e=a$!+n= C#=;l+n test<+n= +n ;+s 2n !e1ense...a1te$ l#n,; >an! s%e
appa$ent $etl+n= 1 ;+s app$a,;" 6#!=e Ga$!ne$ p$esente! an ent+$el< !+11e$ent set 1 ,+$,#%stan,es
t;e ;e ann#n,e! 2#l! atta,; s;#!l C#=;l+n 2a+ve ;+s F+1t; A%en!%ent R+=;t >an! +n -- TR
*'/((5 6#!=e Nas; Hl%es see%s t see an asse$t+n 1 a F#$t; $ F+1t; A%en!%ent R+=;t as a HBe5
an! an @v+#s an! $+=;te#s pp$t#n+t< t !$a2 an +n1e$en,e 1 =#+lts....an! s;e +s a 6#!=e....G$eat."
S5 ,ns+!e$+n= C#=;l+n ;a! al$ea!< @een +n,a$,e$ate! / !a<s +n,+!ent t t2 !+11e$ent
?s#%%a$< ,nte%pt? ,nv+,t+ns @< RMC 6#!=es H2a$! an! Nas; Hl%es +n,+!ent t C#=;l+n7s
sel1 $ep$esentat+n...2;< 2#l! C#=;l+n test+1< +n ;+s 2n @e;al1 +n t;e t$espass t$+al @e1$e 6. W.
Ga$!ne$O W;at 2as t;e$e t =a+nO W;at t;e$e $eall< %#,; 1 an< ,;an,e t;at 6#!=e Ga$!ne$ 2as
=+n= t @e s2a<e! @< an< test+%n< @< C#=;l+nO Ha! C#=;l+n nt al$ea!< %ana=e! t =et H+ll
an! $ 4aBe$ t a!%+t %st t;+n=s C#=;l+n 2#l! t;e$2+se t t esta@l+s; t;$#=; ;+s 2n
test+%n< >+e5 H+ll a!%+ts t ;+s $+!+,#l#s st$a=e l+en !e%an!s t;at ,ns+st 1 ,nt+n#+n= t ,;a$=e
t;e sa%e P0(( 1$ ?st$a=e? t;at 2as ,;a$=e! 1$ ?1#ll #se an! ,,#pan,<?5 an! t;e a#!+ at t;e ve$<
sta$t 1 t;e -- ,$ *'E(F ,#$t a#!+ n EC-(C-* $eveals a ;+la$+#s !+s,#ss+n @et2een ,#$t app+nt
!e1ense ,#nsel L%+s an! ;+s ?,l+ent? C#=;l+n 2;e$e+n L%+s a@sl#tel< ,.s+=ns R+,;a$! G.
H+ll5 EsN.7s ?!#@le !+pp+n=? >+e H+ll 2ants t =et t;e @+= $ent ass,+ate 2+t; ?1#ll #se an! ,,#pan,<?
2;+le st+ll p$e,l#!+n= C#=;l+n 1$% ?#se an! ,,#pan,<? 1 t;e p$e%+ses. 4#t L%+s +sn7t a@#t t
a$=#e a ,la+% $ $+=;t !e1ense n C#=;l+n7s @e;al1 t;e$e >+1 H+ll +s ,;a$=+n= C#=;l+n t;e sa%e $ent
as 2;en C#=;l+n 2as ent+tle! t ?1#ll #se an! ,,#pan,<?...t;en !esn7t t;at s$t 1 +%pl< C#=;l+n
+s ent+tle! t t;e ?1#ll #se an! ,,#pan,<?O One ,annt +%a=+ne ;2 +nt+%+!at+n= +t +s t @e +n t;e
RMC a1te$ t2 sepa$ate s#%%a$< ,nte%pt Ha+l sta<s +n p$ev+#s sel1 $ep$esentat+n ,nteAts5
espe,+all< 2;en ne +s 1lat @$Be5 an! ant;e$ s#,; sta<5 an! all t;e @a+l $ev,at+sn atten!ant t;e$et
2#l! l+Bel< 2+pe ne #t...
An! +n t;e t$espass ,ase5 2;e$e HaGlett.Steven7s pe$s+ste! %ent+n+n= paHa%as >an! t;e v+!e
$eveals C#=;l+n s+ 2ea$+n= s2eats an! a t.s;+$t...s +s +t nt R+,;a$! G. H+ll 2; !+spla<s a la,B 1
,an!$ t t;e t$+@#nal....see als ;+s #ns#pp$te! ?t;e< tape! +t n t;e !$ @e,a#se <# $an a2a<?
,la+%. R+,;...<#$ ass,+ate Case< 4aBe$ test+1+e! <# 2e$e nt t;e$e. C#=;l+n 2as nt t;e$e.
4aBe$ %aBes n s#,; alle=at+n 1 C#=;l+n $#nn+n= a2a< +n,+!ent t s%e tap+n= 1 a l,B#t $!e$
n t;e !$ $ atte%pts t 1+$st e11e,t pe$snal se$v+,e t;e$e1. N$ !es t;e WCSO...s $eall<5 R+,;5
2;at ! <# @ase t;at nO Is t;+s l+Be 2;en <# sa+!
- -(CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
See5 6#!=e Nas; Hl%es *C*/C-* ?O$!e$ F+n!+n= t;e De1en!ant In Cnte%pt O1 C#$t an!
I%ps+n= San,t+ns? p#$p$ts t @e 1+n!+n= C#=;l+n =#+lt< 1 ?t;e %+s!e%ean$ 1 ,$+%+nal
,nte%pt5 a v+lat+n 1 NRS **.(-(?...@#t t;at7s t;e t;+n=5 t;#=;. 6#!=e Nas; Hl%es +s $e%+A+n=
NRS **.(-( an! a!!+n= t;e 2$!s ?%+s!e%ean$? an! ?,$+%+nal? t +t5 @e,a#se t;e< H#st a+n7t t;e$e.
N25 6#!=e Nas; Hl%es %a< ;ave %eant t +nvBe NRS -00.)E(5 @#t s;e !+!n7t.
NRS -00.)E( ,riminal contempt. Eve$< pe$sn 2; s;all ,%%+t a ,nte%pt 1 ,#$t 1 an< ne 1
t;e 1ll2+n= B+n!s s;all @e =#+lt< 1 a %+s!e%ean$& -. D+s$!e$l<5 ,nte%pt##s $ +nslent
@e;av+$ ,%%+tte! !#$+n= t;e s+tt+n= 1 t;e ,#$t5 +n +ts +%%e!+ate v+e2 an! p$esen,e5 an! !+$e,tl<
ten!+n= t +nte$$#pt +ts p$,ee!+n=s $ t +%pa+$ t;e $espe,t !#e t +ts a#t;$+t<;...). 4$ea,; 1 t;e
pea,e5 n+se $ t;e$ !+st#$@an,e !+$e,tl< ten!+n= t +nte$$#pt t;e p$,ee!+n=s 1 a ,#$t5 H#$< $
$e1e$ee;E. W+ll1#l !+s@e!+en,e t t;e la21#l p$,ess $ %an!ate 1 a ,#$t; F. Res+stan,e5 2+ll1#ll<
11e$e!5 t +ts la21#l p$,ess $ %an!ate;?
T;at7s +nte$est+n=...+ts al%st as +1 )F <ea$ vete$an %e%@e$ 1 t;e 4a$5 Hn. D. Nas; Hl%es
!+! s%e p+,B+n= an! ,;s+n= a%n=st t;e va$+#s ,+v+l an! ,$+%+nal5 s#%%a$<5 an! plena$<
,nte%pt stat#tes an!5 B+n! 15 %a!e a past+,;e! 1 2;at s;e l+Be @est 1$% ea,; ne an! 2;at @est 1+t
;e$ a=en!a 2+t; $espe,t t C#=;l+n....t;e nl< t;+n=5 t;#=;5 +t t;at t;at +s nt le=al5 an! as s#,;5 t;e
?,nv+,t+n? 1$ ?%+s!e%ean$ 1 ,$+%+nal ,nte%pt? ,annt stan!. C#=;l+n %#st a!%+t...;e ;as
@een $e1e$$+n= t +t as a ?s#%%a$< ,$+%+nal ,nte%pt? ,nv+,t+n...2;en5 +n 1a,t5 +t !esn7t see%
6#!=e Nas; Hl%es eve$ s ,;a$a,te$+Ge! +t...+ts H#st t;at...2ell. 2;en <# !n7t =et a t$+al5 $ an
a$$a+=n%ent5 $ ,#$t app+nte! ,#nsel5 $ t;e $+=;t t appeal5 $ @e all2e! #t 1 Ha+l even 2;e$e
t;e RMC Beeps t;e %ne< <#$ %% 2ent an! pa+! t @a+l <# #t...+ts ;a$! t t;+nB 1 s#,; a
,nv+,t+n as an<t;+n= t;e$ t;an ?s#%%a$<? +n nat#$e. Despt+,5 t<$ann+,al5 2;ll< +napp$p$+ate5
!ev+! 1 t;e N#al+t< 1 H#st+,e $ an< sense 1 a %eas#$e an! even appl+,at+n 1 t$a!+t+nal nt+ns
1 s#@stant+al H#st+,e an! 1a+$ pla< a$e s%e ,;a$+,te$+Gat+ns t;at s%e %+=;t sa<. Nt C#=;l+n. He
l+Bes @e+n= #t 1 Ha+l.
St$an=e$ st+ll +s ;2 6#!=e Nas; Hl%es =es n t s#pp$t ;e$ t;$2+n= l+,ense att$ne<
$ep$esent+n= ;+%sel1 +n a t$a11+, ,+tat+n %atte$ C#=;l+n +n Ha+l 1$ F !a<s5 sta$t+n= $+=;t t;en >an! n
sta< t a$$an=e 1$ la,B 1 p$eH#!+,e t C#=;l+n7s ,l+ent5 e+t;e$" #pn s%e appl+,at+n 1 NRS
**.-((5 2;e$e +n ;e$ *C*/C-* ?O$!e$ F+n!+n= t;e De1en!ant In Cnte%pt O1 C#$t an! I%ps+n=
San,t+ns? 6#!=e Nas; Hl%es 2$+tes ?+t +s $!e$e!5 p#$s#ant t NRS **.-((5 t;at t;e !e1en!ant @e
+n,a$,e$ate! at t;e Was;e C#nt< RE=+n
St$an=e H2 HaGlett.Steven7s +n t;e t$espass ,ase =ets t a$=#e all t;+s ?7#s+n= +t as a
$es+!en,e? p$eH#!+,+al 1a,ts nt +n ev+!en,e...even 2;e$e 6#!=e Ga$!ne$ $#le! t;se %atte$s nt
$elevant....nl< 1$ 6#!=e Ga$!ne$ ;+%sel1 t ,+te t an! $el< n t;e ?;a! <#$ != t;e+$? ?#s+n= +t as a
$es+!en,e? +n ;+s !e,+s+nO.....;%%%%n.....
Glve$ v. E+=;t; 6#!+,+al D+st. C#$t 1 State eA $el. C#nt< 1 Cla$B5 **( P.)! '/E --(CRIMINAL
LAW --(:::IC#nsel --(:::I>F"A$=#%ents an! State%ents @< C#nsel --(B*-)EC%%ents n
Fa+l#$e t P$esent Ev+!en,e $ W+tnesses --(B*-)DB. C%%ents @< !e1ense n 1a+l#$e 1 p$se,#t+n
t p$esent ev+!en,e. Nev.5*((0 Ne=at+ve.+n1e$en,e a$=#%ent %a!e @< !e1ense ,#nsel !#$+n= ,ls+n=
- --CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a$=#%ent5 t;at t;e State !+! nt +nt$!#,e vl#nta$< v+!etape! #ns2$n state%ent t;at !e1en!ant
%a!e t pl+,e t;e !a< t;at t;e v+,t+% 2as s;t @e,a#se t;e state%ent 2#l! a@sl#tel< !evastate t;e
State7s ,ase5 2as +%p$pe$5 +n t$+al 1 !e1en!ant 1$ %#$!e$ +n 2;+,; !e1en!ant ,la+%e! sel1.!e1ense5
as !e1ense ,#nsel 2as a$=#+n= 1a,ts nt +n ev+!en,e5 !e1ense ,#nsel 2as p#tt+n= ;+s pe$snal
Bn2le!=e an! @el+e1 n t;e s,ales5 State7s @He,t+n t !e1en!ant7s atte%pt t a!%+t t;e v+!etape!
state%ent5 t;at t;e p$+$ #t.1.,#$t state%ent 2as +na!%+ss+@le t @lste$ !e1en!ant7s +n.,#$t
test+%n<5 2as a p$pe$ ;ea$sa< @He,t+n5 an! +t 2as +%p$pe$ 1$ !e1ense ,#nsel t a$=#e a
ne=at+ve +n1e$en,e @ase! n a p$pe$ ;ea$sa< @He,t+n.
St$an=e H2 HaGlett.Steven7s +n t;e t$espass ,ase =ets t a$=#e all t;+s ?7#s+n= +t as a $es+!en,e?
p$eH#!+,+al 1a,ts nt +n ev+!en,e...even 2;e$e 6#!=e Ga$!ne$ $#le! t;se %atte$s nt $elevant....nl<
1$ 6#!=e Ga$!ne$ ;+%sel1 t ,+te t an! $el< n t;e ?;a! <#$ != t;e+$? ?#s+n= +t as a $es+!en,e? +n
;+s !e,+s+nO.....;%%%%n...
1$% 6#!=e W. Ga$!ne$7s !e,+s+n +n t;e ,$+%+nal t$espass ,ase -- ,$ *'E(F&
THECOURT(RMCJudge William Garnder): No, we' re done. Ta!'" i!. #ou
$no w o w i! wor$". Te %ro"e&u! or goe" 'ir"!, (ou go "e& ond, !e( 'ini" u%.
Te( a)e !e *urden o' %roo'. Ta!'" i!. No mor e argume n!. Ta!'" )er( &lear.
+lrig!, le! me ,u"! ma$e a &ou%l e &o mme n! " ere. -o! %ar!ie" a)e iden!i'ied
.!ere' " numer ou" i""ue" ere. Te *ig i""ue i" !e warning. Under our "!a!u!e,
*o! /01. / 0 0, and RMC23 0. 0l4, !e %ar!( .i! doe"n' ! e)en !al$ a*ou! !e )e5
or anno(, !e %ar!( wo goe" or remai n", ei!er one, Mr. Ha6le!!.7!e)en"
%oin!ed !a! ou!, in!o an( *uilding a'!er *eing warned *( !e o wner or !e
o&&u%an!, and !e owner" and o&&u%an!" &an *e agen!" wi! o"!en"i *l e, a&!ual
or im%li ed au!ori!(, and &er!ainl( Mr. Hill and Mr. -a$er ad !a! au!ori!(.
Ta!'" &learl( e"!a*li"ed *( !e e)i den& e. 8'(ou go *a&$ on!o !a! %ro%er!(
a'!er a)ing *een warned, (ou are guil!( o' a !re"%a"", and 8gue"" !e 9ue"!i on
i" wa! i" a warning: +nd unli$e man( area" in !e law, i!'" no! de'ined under
!e !re"%a""ing ordinan& e, or !e !re"%a""ing "!a!u!e. 8!'" a no!i&e re9uire me n!.
+nd !e real i""ue in !i" &a"e .!ere' " a num* er o' i""ue", *u! 8do .!ere' " no
9ue"!i on, Mr. Couglin, !a! (ou wer e on %ro%er!( !a! *el ong e d !o ano!er a!
3 / 3 Ri)er Ro&$ on No)e m* e r 3 ;!, and !a!'" in !e Ci!( o' Reno, and !ere' "
no 9ue"!i on a*ou! !a!. Te 9ue"!i on i", wa! !(%e o' warning did (ou a)e:
#ou ad "o man( !(%e" o' warning", i!'" ard !o 'igure ou! wi & one i" !e
*e"!. <ir"! o' all, !e 'ir"! warning .and *( !e wa(, wen we !al$ a*ou!
warning ere, wen (ou loo$ a! !e "!a!u!e under "!a!e law or !e Muni&i%al
Code, *o! !e =egi"la!ure and !e Ci!( Coun&il a)e gi)en "o me guidan& e !a!
indi&a!e 'or "o me o&&u%an!" !e(' )e go! "u''i&i en! warning i' !e %ro%er!( i"
%o"!ed in a &on"%i &uou" manner in in!er)al" o' no! le"" !an 100 'ee!. 7o,
"o me! i ng a" *road a" !a! i" "u''i&i en! warning under our !re"%a"" "!a!u!e. +nd
!e "!a!u!e goe" on !o "a( i!'" %ri ma 'a&ia e)iden& e o' a !re"%a"" i' !e %ro%er!(
i" %o"!ed or 'en&ed on a %ro%er!(. Ta!'" %ri ma 'a&ia. 7o, !e 9ue"!i on i" did
(ou a)e no!i&e: 4id (ou a)e "o me "or! o' warning no! !o *e on !a! %ro%er!(,
and ere' " wa! !e Cour! a" de!er mi ne d. #ou re&ei )e d "o me $ind o' mil d
- -*CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
no!i&e, and a warning wen (ou wer e gi)en a >. da( no!i&e and a ;0. da( no!i&e.
?ro*a*l( in and o' i!"el', %ro*a*l ( no! enoug !o "u%%or! a !re"%a""ing 'inding.
-u! a! !wo "e%ara!e earing" in O&!o*er o' /0 3 3 , on !e 3 ;! and !e />!,
wer e (ou wer e %re"en! in Cour!, !ere &an *e no 9ue"!i on !a! !e i""ue i"
we!er or no! !e o wner o' !a! %ro%er!( wan!ed (ou on !a! %ro%er!( mor e, or
"oul d (ou *e on !a! %ro%er!(. Ten, rig! in o%en Cour!, Judge 7'erra66a
e)i &!ed (ou 'rom !e %ro%er!(. He 'oll o we d !a! u% wi! a wri!!en E)i&!ion
4e&i"i on and Order &learl( indi&a!ing !a! (ou wer e e)i &!ed, and !a! !e "!a(
wa" deni ed. 7o, 8don'! $no w wa! .!a! woul d *e wa! 8&all "u%er no!i&e, or
"u%er warning, &o mi ng 'ro m !e Judge i m"el'. ?age .3 @A 8!'" o'!en !e
"i!ua!ion we ne)er ge! !a! $ind o' warning. 7o no! onl( did (ou ge! a warning,
(ou go! an Order 'rom !e Judge !a! (ou wer e e)i &!ed 'ro m !e %ro%er!(. Ta!
wa" !en %o"!ed on !e 'ron! door o' a %ro%er!( !a! (ou ad *een in and
re!urned !o on No)e m* e r %!, /0 3 / ("i&) !e da( i! wa" %o"!ed. Tere wa" a
&o%( le'! on a &o''ee !a*le la!er a! "o me %oin! in !ime a'!er Mr. Hill ad en!ered
!e %ro%er!( and reali6ed !a! !ere ad *een "o me o n e in !e %ro%er!(. #ou
wer e email ed. We!er or no! (ou re&ei )e d !a! email, 8don'! $no w, *u! !ere
wa" a! lea"! ano!er a!!em%! !o email (ou a! an addre"" !o wi & (ou ad
re"%onde d, and !o an addre"", an email addre"", !o wi & (ou ad re"%onde d
!a! (ou woul d no! a&&e%! email" on (our .a" no!i&e. <inall(, (ou wer e mail ed
a No!i&e o' En!r( o' Judgmen! !o 3 / 3 Ri)er Ro&$. 8'm "ure .8woul d gue"" (ou
didn'! ge! !a!, *u! !e %ar!ie" ere did e)er(!ing %o""i *l e !o %ro)i de (ou
no!i&e, !o %ro)i de (ou warning, and (ou ad a&!ual no!i&e, (ou ad
&on"!ru&!i)e no!i&e, !a! (ou "ouldn' ! *e on !a! %ro%er!(. Te 7!a!e o' Ne)ada
and !e 7u%reme Cour! de&i"i on wi & Mr. Ha6le!!.7!e)en" 9uo!ed !i"
morning and 8a)e in 'ron! o' me, State v. McNichols, \ 06 Nev. 651 ,
&learl(, &learl(, "a(" !a! a'!er "o me o ne a" *een e)i &!ed, a "u*"e 9uen! reen!r(
in !e %ro%er!( i" a !re"%a"". +!re"%a"" reen!r( i" wa! !e 7u%reme Cour!
&all ed i!, did no! &rea!e an o*, e&!i )e o' !a! e5%e&!a!i on o' %ri)a&(. 7o, !a!'"
,u"! !e 'ir"! "e&!i on. Ta!'" *een %ro)ed *e(ond an( dou*!. Tere' " no 9ue"!i on
!a! %or!ion o' !e "!a!u!e a" *een %ro)ed. +nd 8woul d al"o "u*mi! !a! Mr.
Ha6le!!.7!e)en" i" &orre&!. Cnd after oin "ack on that property
numerous occasions, settin up a residence with your pet in the
"asement, constitutes a separate "asis independent from the
notice re3uirement that you went on to that property with the
intent to veD or annoy the owner. S5 #n!e$ an< t;e$< set 1$t; @< t;e
C+t<5 I 1+n! <# =#+lt< 1 t;e ,;a$=e 1 T$espa""ing. We &an %ro&e e d !o
"en!en&i ng. B
Clso pretty suspect how ,ity Cttorney 8a%lett=Stevens arues ,ouhlin can#t make
arument a"out the Cppeal 1facts not in re,$!O"5 2;en HaGlett5 late$ n5 1ll2e! 2+t; t;+s&
- -)CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
?C+t< Att$ne< HaGlett.Stevens& W+t; $e=a$! t all 1t;e +ss#es M$. C#=;l+n @$#=;t #p +n $e=a$! t
,%%e$,+al $es+!en,e5 ,%%e$,+al p$pe$t<5 nt+,es5 2;et;e$ $ nt t;e< ,an taBe s#%%a$< ev+,t+n
p$,ee!+n=s a=a+nst a ,%%e$,+al tenant5 t;+s +s nt t;e p$pe$ 1$#% t !e,+!e t;at +ss#e.
T;at5 M$. C#=;l+n5 ;a! an pp$t#n+t< t a!!$ess +n 1$nt 1 6#!=e S1e$$aGGa5 +n ;+s appeal +n 1$nt 1
6#!=e Flana=an5 2;+,; <# a,t#all< !+! ;ea$ +n ev+!en,e t!a<. T;at %atte$ +s appeale!5 an! 6#!=e
Flana=an al$ea!< !en+e! t;e appeal.?
An! l! p$se,#t$ HaGlett 2as n+,e en#=; t p$ese$ve 1$ t;e appeal5 t 2;ateve$ eAtent
L%+s ;av+n= H#!+,+al nt+,e taBen at a p$ev+#s ;ea$+n= 2ent #t t;e !$ 2+t; L%+s5 t;e +ss#e 1
t;e R6C @e+n= !+veste! 1 H#$s+!+,t+n5 p$e,l#!e! t;e ?T$+al #pn C#=;l+n !eps+t+n= P*5*DF $ent
es,$2 2+t; t;e ,#$t5 n -(C*FC--? @e1$e t;e R6C 1$% =+=n 1$2a$! =+ven t;e +%p$t 15 sa<5
Ma,B v. Ma,B.Manle<5 $ Fste$ !+n=2all5 +n t;at t;e R6C 2#l! @e !+veste! 1 H#$+s!+,t+n #pn
C#=;l+n7s 1+l+n= a Nt+,e 1 Appeal n -(C-/C--5 t;e$e %aB+=n t;e ev+,t+n $!e$ v+! n$,p '(@E la,B
1 H#$s+!+,t+n&
MR. HAZLETT.STEVENS& N5 +t7s +n ev+!en,e5 8#$ Hn$. An! I7ll !$a2 <#$ attent+n t t;e pa$t
t;at sa<s5 ?De,+s+n.? An! +t als sa<s5 ?Matt;e2 Me$l+ss p$esent5 Case< 4aBe$ .$ep$esente! @< Case<
4aBe$5? an! t;en +t als +n!+,ates Za,;a$< C#=;l+n p$esent. An! t;en I7ll !$a2 <#$ attent+n t t;e
!e,+s+n 2;e$e +t sa<s ?ev+,t+n =$ante! e11e,t+ve O,t@e$ )- st5 *(--5 at F&(( p.%.? T;at7s 2;at 6#!=e
S1e$$aGGa ann#n,e! +n pen C#$t 2+t; M$. C#=;l+n5 a,,$!+n= t M$. 4aBe$5 l+sten+n=5 a,t+vel<
l+sten+n= t t;e 6#!=e. He 2asn7t 2$+t+n= an<t;+n= !2n5 @#t ;e 2as a,t+vel< l+sten+n= t t;e 6#!=e
2;en ;e ann#n,e! t;at !e,+s+n +n pen C#$t. An! <# ;ave t;e O$!e$ =$ant+n= ev+,t+n $+=;t t;e$e.
N25 t;e$e 2as ant;e$ +ss#e 2;et;e$ $ nt t;e p$,ee!+n=s 2e$e sta<e! pen!+n= s%e s$t 1
appeal5 @#t t;at Mt+n t Sta< 2as als !en+e! +n t;e O,t@e$ *Ft;5 *(--5 ;ea$+n=. An! <#7ll see +n
C+t<7s -5 +t Pa=e .- *Da,t#all< sa<s5 ?Tenant7s ve$@al %t+n t sta<5 !en+e!.? T;e ,ase 2as ve$ at t;at
p+nt.
4#t ;e$e +s t;e pa$t 1 C#=;l+n7s ,$ss eAa%+nat+n 2;e$e H+ll t$#l< !e%nst$ates t;e
%alp$a,t+,e an! %+s,n!#,t ;e ,%%+tte!& 9 S <#$ 11+,e ,nve$te! +t t a n ,a#se s#%%a$<
ev+,t+n nt+,eO A M$e p$e,+sel<5 s+$5 t;e !e,+s+n 2as %a!e t 1$e= t;e $ent ev+,t+n an! s+%pl<
! a )(.!a< n ,a#se. 9 OBa<5 an! +1 s#@seN#entl< t;e tenant 2as ,ns+!e$e! a ,%%e$,+al tenant5
2#ld that not "e tantamount to sort of a wron side leal sureryE C 'ell, 4
don#t 3uite understand your metaphor, sir. Fut the fact ofthe matter is it
was a residence. T;e 1a,t t;at <# 2e$e +lle=all< ,n!#,t+n= a @#s+ness t;e$e5 a s+!e +ss#e5
n#%@e$ ne. N#%@e$ t25 <# !+!n7t $a+se +t +n t;e 6#st+,e C#$t. 9 8# sa< +t 2as a $es+!en,e. Is +t
Gne! 1$ H#st $es+!ent+al #seO A I !n7t ;ave an< +!ea5 s+$. 9 Well5 2;< !+! <# sa< +t 2as a $es+!en,e
+1 <# !n7t ;ave s%et;+n= t @ase t;at #pnO A T;at7s 2;at t;e lease sa+!5 an! t;e$e 2as n la21#l
@#s+ness @e+n= ,n!#,te!. 9 T;e lease sa+! .!+! t;e lease sa< a ,%%e$,+al #se 2as a,,epta@leO A I
!n7t Bn25 M$. C#=;l+n.?
A $ev+e2 1 t;e atta,;e >pa$t+al5 #n11+,+al" t$ans,$+pt 1 t;e s#%%a$< ev+,t+n
p$,ee!+n=C?T$+al?5 aln= 2+t; t;e Appen!+A $eveals C#=;l+n ,lea$l< !+! $a+se an! ple! t;e +ss#e5 an!
,+te t t;e la2 1$@+!!+n= t;e #se 1 s#%%a$< ev+,t+ns a=a+nst a ,%%e$,+al tenant 2;e$e nn
pa<%ent 1 $ent +s ne+t;e$ ple! n$ nt+,e!...
- -ECEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I @el+eve t;e$e +s a ,#ple N#as+ '(>@" @as+s 1$ ,;allen=+n= t;e val+!+t< 1 an< .t t;e eAtent t;+s C#$t
v+e2s t;e Ev+,t+n O$!e$ as a 2a$n+n=5 2;+,; I t;+nB +s B+n! 1 t;e @+= +nN#+$< ;e$e. Ma<@e nt5 @#t t
%e5 +t see%s l+Be +t7s pss+@l< 2;at t;e ,ase ,#l! ,%e !2n t. T t;e eAtent t;e C#$t !es
,ns+!e$ a val+! Ev+,t+n O$!e$ app$p$+atel< se$ve!5 a 2a$n+n= s#11+,+ent t sat+s18 t;e ,$+%+nal
t$espass stat#te5 I @el+eve t;e$e +s a ,#ple '(>@" l+Be @as+s t ,;allen=e t;at O$!e$. One +s @$#=;t #p
@< M$. L%+s5 2; s ast#tel< p+nte! #t t;at #n!e$ t;e M,Manle< ,ase t;e$e 2as a Nt+,e 1
Appeal 1+le! +n the interim "etween the initial 5cto"er 1-th hearin, and then the 5cto"er 2(th
trial. :R. 8CG./HH=SH/?/NSI 7ude, this is ettin into testimony =or evidence that#s not in
testimony, testimony that#s not in evidence rather. 4t#s not there a"out any appeal taken. H8/
,5URHI :r. ,ouhlinE :R. ,5U<8.4NI 'ell, 4 "elieve :r. .oomis H8/ ,5URHI Jour
arument is limited to the facts that were produced today at trial. :R. ,5U<8.4NI 7ust
today, not what :r. .oomis &ae =1-0= H8/ ,5URHI Hhat#s correct, today#s trial. So to that
eDtent, the o"!ection =and 4 try to ive parties a reat deal of leeway in closin arument, "ut
when you start ettin far afield of what was arued, presented via facts of the trial, that#s not
proper arument. :R. ,5U<8.4NI 5kay, and 4 thouht it was part of the record at this
point. Cnd ifit#s not too late, 4#d o"!ect to the notice "y email that was introduced. H8/
,5URHI 5kay, = a;ea!. 48 MR. COUGHLIN& 4e<n! t;at '(>@" @as+s5 I @el+eve t;e$e +s an
a!!+t+nal @as+s +n t;at .t;e$e +s a ,#ple. I t;+nB #n!e$ t;e ANVUI5 A.N.V.U.I.E A.N.V.U.I5 2;+,;
+s B+n! 1 t;e %a+n Neva!a ,ase n s#%%a$< ev+,t+ns 1 ,%%e$,+al tenants. T;at 2as a $esta#$ant
+n Ve=as !+n= a lt 1 @#s+ness5 l+Be PF((3 a %nt; $ s%et;+n=5 an! t;e< =t ev+,te!5 an! +t 2ent
t t;e Neva!a S#p$e%e C#$t5 an! a lt 1 l+t+=at+n 2as !ne ve$ t;at. An! t;e ;l!+n=5 t;e taBe
;%e ;l!+n= 1$% t;at 2as t;at +t7s @as+,all< a s#%%a$< H#!=%ent stan!a$! +n t;e s#%%a$< ev+,t+n
p$,ee!+n=s. T;e tenant %e$el< nee!s t p$esent a %ate$+al +ss#e 1 la2 $ 1a,t t @eat a s#%%a$<
H#!=%ent %t+n. I1 t;e< ! t;at5 t;e C#$t %a< ! nt;+n= 1#$t;e$5 an! +t ;as t = n t a
>+na#!+@le" #nlawful detainer approach. Served, 20 days to respond, discovery, all that. So,
my position would "e that there#s a 001"2 "asis for viewin this =any summary eviction
order, as void in that 4 was a licensed attorney, at that time, at least, and 4 held that out
as my law office. 4 filed a tenant#s affidavit that 4 was a commercial tenant. 4 pled that.
:r. 8ill testified today that he wasn#t aware of that, and he didn#t consider it a
particular &ae =1-+ = 1 -*= consideration, for his neurosureon client who had spent
K00 rand on this. Hhat#s where 4#m at the analoy of the wron side leal surery,
"ecause 4 think it could wind up potentially "ein fairly important to his client if it#s
proven that a wronful eviction occurred. 4f +t7s p$ven t;at <es5 I !+! p$esent a >+na#!+@le"
+ss#e 1 %ate$+al 1a,t5 t;at t;+s 2as a ,%%e$,+al tenan,<5 an! t t;e eAtent H#!+,+al nt+,e ,#l! @e
taBen t;at +t 2as %e$el< a N.Ca#se Ev+,t+n Nt+,e t;at 2as p#$s#e! an! t;at nn.pa<%ent 1 $ent
2as nt alle=e!5 t;en t;+s ,#l! @e p$@le%at+,5 an! M$. H+ll %+=;t 2+s; ;e ;a! ,ns+!e$e! t;at p+nt
2;et;e$ t;+s 2as a ,%%e$,+al tenan,<5 an! I7% nt s#@He,t t s#%%a$< ev+,t+n p$,ee!+n=s +n
E(.*F)5 an! >+na#!+@le" pa< %< $ent as alle=e! as @e+n= +n 1a,t ve$< +%p$tant.?
Als 2;ateve$ 4aBe$ an! H+ll seeB t a$=#e n25 +n,$$e,tl< >@e,a#se t;e< a$e 1la+l+n= a$#n!5
l+Be at t;e ,$+%+nal t$espass t$+al5 !#$+n= t;e =t,;a %%ents 2;en C#=;l+n p+nts #t t;at5 !esp+te
@+ll+n= t;e+$ ,l+ent P'(35 t;e< !n7t Bn2 t;e ,ase $ t;e la2 all t;at 2ell 2+t; $espe,t t t;e na$$2
1+ne$ p+nts 1 la2 t;at 2+ll #lt+%atel< !e,+!e t;e ,ase. S#$e R+,; an! Case< ,an p#s; pape$ 2+t; t;e
@est 1 t;e%5 an! +t lBs le=+t an! s#n!s p$ett< la2 1+$%+s; an! st#11...#nt+l <# sta$t t p+,B +t apa$t.
- -FCEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
t;en +ts H#st H#nB 1!5 pla+n an! s+%ple. L+Be5 1$ +nstan,e5 Case< 4aBe$5 EsN. =ets 6#!=e S1e$$aGGa
t s+=n ;+s FINDINGS OF FACT5 CONCLUSIONS OF LAW5 AND ORDER FOR SUMMAR8
EVICIION ...& ?T;+s %atte$ ;av+n= ,%e n $e=#la$l< 1$ an ev+!ent+a$< ;ea$+n= p#$s#ant t NRS
E(.*FE an! NRS E(. *F)>'" n O,t@e$ -)5 *(--5 an! ,nt+n#e! n O,t@e$ *F5*(--5 @e1$e t;e
Hn$a@le Pete$ 6. S1e$$ aGGa5 s+tt+n= 2+t;#t a H#$<; t;e pla+nt+11Clan!l$!5 Matt Me$l+ss >HMe$l+ss?"5
;av+n= @een p$esent5 an! $ep$esente! @< ,#nsel5 R+,;a$! G. H+ll5 C;a$te$e! an! Case< D. 4aBe$ 5
EsN. 5 and defendant9tenant, Gachary Farker ,ouhlin, /s3. 1",ouhlin"2? Well5 s;t5
Case<...2a< <# 2$te t;at t;e$e5 s#n! l+Be t;e tenant +s an att$ne< p$a,t+,+n= la2 #t 1 t;e spt
<#$ lan!l$! ,l+ent +s $ent+n7 t ;+%5 !n7t +tO N25 2;at t;at %eanO Commercial tenant, No Cause
Eviction verboten unless pled non-payment of rent, they didn't, Coughlin wins, now that Hll's hollow
little reign in the trail court and !istrict Court has come to and end.
It +s ,ate=$+,all< 1alse 1$ 6#!=e Nas; Hl%es t asse$t5 +n t;e a#!+ $e,$! n )C-*C-* t;e $!e$ 1
events an! 2;en s;e asBe! C#=;l+n ;e$ N#est+ns a@#t $e,$!+n=5 ,ns+!e$+n= 2;en a $est$%
@$eaB tB pla,e an eAa,tl< 2;at +t +s s;e asBe! C#=l+n an! 2;en5 an! 2;at ;+s $espnses 2e$e5 an!
2;en s%e alle=at+ns @< ?t;e Ma$s;al? 2e$e %a!e5 2;at t;e< ,ns+ste! 15 et,.. n )C-*C-* +n -- t$
*'/(( t;e a#!+ t$ans,$+pt $ea!s D %+n#tes +nt t;e a#!+ $e,$! t;e RMC p$v+!e! t;e S4N&
7ude Nash 8olmes 1Nash2I 4t appears to me in this case that the defendant is sufferin
from some eDtreme form of mental illness. durin the trial 4 asked the defendant
attorney repeatedly if he was recordin the proceedins he denied that vehemently a few
times and then he 3uote took the fifth a few other times and then he re3uested to "e
eDcused to o to the "athroom and the :arshal later reported to me that while the
entleman was in the "athroom he disassem"led a recordin device in his pocket and
took the memory out of it and it was later found in that, uh, "y the :arshal no one else
had one into the "athroom and that was retrieved and it was put into his possession at
the Sheriff#s office and when they "ooked him into !ail for the contempt chare that was
"ooked into evidence and 4 asked the Sheriff#s office to hold that into evidence. 4 "elieve
he has violated Supreme ,ourt Rule 22)1221F2 which was amended "y CL;H 660,
Cuust 1st, 2011...."
One C#=;l+n !+! nt ! an<t;+n= 1 t;e s$t +n!+,ate! @< 6#!=e Nas; Hl%es >@< 2a< 1
#natt$+@#te! ;ea$sa<5 l+Be ;e$ car sleepin alleations +n ;e$ )C-EC-* lette$ $e C#=;l+n t t;e
S4N" a@ve.
NRS -D/.E(F s;#l! ;ave p$evente! an<t;+n= sa+! $ !ne @< 6#!=e Nas; Hl%es 1ll2+n=
;e$ state%ent at t;e D %+n#te %a$B t;at ?It appea$s t %e +n t;+s ,ase t;at t;e !e1en!ant +s
s#11e$+n= 1$% s%e eAt$e%e 1$% 1 %ental +llness.? F#$t;e$5 t;at 2;+,; 6#!=e Nas;
Hl%es ;a! ,%%#n+,ate! t ;e$ p$+$ t t;e sta$t 1 T$+al n *C*DC-* +n -- t$ *'/(( nee!s t
@e test+1+e! t #n!e$ at;5 $at;e$ t;an ;ave 4a$ C#nsel asse$t t ;al1 @aBe! ?,an7t asB t;e
H#!=e a@#t ;e$ %ental p$,esses? lp;le5 as ;e ;as !ne.
C+t< Att$ne< O$%aas s#$e ,#l! @e %a!e t eApla+n ;e$ state%ents n t;e $e,$! $e=a$!+n=
2;et;e$ t;e ,+tat+n $ $ep$t +n -- t$ *'/(( ,nta+ne! an< %ent+n 1 $etal+at+n5 =+ven s;e
- -'CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2as lB+n= $+=;t at +t an! =+ven 2;at s;e sa+! +n ,#$t. Als5 t;e 2;+spe$+n= 2+t; Ma$s;al
Ha$le<5 an! t;e @+ts a@#t C#=;l+n $ep$t+n= t O$%aas 2;at RPD OF1+,e$ Ca$te$ sa+! t
C#=;l+n +n '-0(-5 an! O$%aas7s $espnses t;e$et n *C*DC-*5 an! Dan Wn=5 !+tt at an
ea$l+e$ ;ea$+n= n t;at %atte$...
S+%pl< p#t5 t;e$e 2as n N#est+n+n= @< 6#!=e Nas; Hl%es 1 C#=;l+n as t 2;et;e$ ;e 2as
$e,$!+n= an<t;+n= $ 2;et;e$ ;e pssesse! a ?$e,$!+n= !ev+,e? #nt+l AFTER t;e ne an!
nl< $est$% @$eaB 6#!=e Nas; Hl%es %ent+ns n t;e a#!+ $e,$!. An! t;at s#a spnte
+nte$$=at+n 1 C#=l+n ,,#$e! IMMEDIATEL8 AFTER THE RESTROOM 4REA35 A
4REA3 IN WHICH 6UDGE NASH HOLMES REFUSED TO ALLOW COUGHLIN TO
TA3E HIS 8ELLOW LEGAL PAD WITH HIM AND WHICH OCCURED AFTER
COUGHLIN MADE A VER4AL PRESERVATION ON THE RECORD OF THE
WHISPERING IN EACH OTHER7S EARS 48 CIT8 ATTORNE8 ALLISON ORMAAS
AND MARSHAL HARLE8 >WHO SEEMED A 4IT UPSET A4OUT SOME OF THE
9UESTIONS COUGHLIN AS3ED THEM IMMEDIATEL8 4EFORE THE TRIAL
>DURING THAT PERIOD OF TIME WHERE 6UDGE NASH HOLME7S ASSISTANT
INDICATED5 ON THE RECORD IN ONE OF THE OTHER CASES ON THAT STAC3ED
DOC3ET5 THAT 6#!=e Nas; Hl%es H#st ,#l!n7t @e 1#n!5 an! ;2 !! t;at 2as...2;+,; +s
!!5 ,ns+!e$+n= 2;at 2as =+n= n +n -- ,$ **-D'5 -- ,$ *'E(F -* ,$ (('0' an! -- t$ *'/((5
an! $,$*(-*.('F')( an! $,$*(--.('))E- at t;e t+%e >lts 1 $easns 1$ an! +n!+,at+ns t;at
l,al la2 en1$,e%ent an! p$se,#t$s an! p#@l+, !e1en!e$s 2e$e nn t ;app< 2+t;
C#=;l+n...an! ,ns+!e$ t;e *C*EC-* e%a+l va,at+n= t;e *C*DC-* stat#s ,n1e$en,e @et2een
<#n= an! !=an t;at ne+t;e$ 8O#n= n$ D=an 2+s; t test+1< a@#t...@#t 2;+,; see%s t
;ave @een ;el! an<2a<s a1te$ a 2$+tten ,%%#n+,at+n 1 +ts @e+n= $eset 2as t$ans%+tte! t
C#=;l+n @< D=an5 2;e$e+n5 !#$+n= t;e t+%e 6#!=e Nas; Hl%es ,#l!n7t @e 1#n! >%a<@e
s;e 2as at ne 1 t;e =$#p %eet+n=s a%n=st 6#!=es a@#t C#=;l+n t;at RMC
A!%+n+st$at+ve 6#!=e W+ll+a% Ga$!ne$ $e1e$en,e! n t;e $e,$! +n -- CR *'E(FO Inte$est+n=
t;e Nt+,e 1 Appeal +n '()(* 2as 1+le! t;at sa%e !a< t5 *C*DC-*" D=an =t ;+s OR!e$ 1$
C%peten,< Eval#at+n 1 C#=;l+n +n $,$*(-*.('F')( >appa$entl< +n $etal+at+n 1$
C#=;l+n7s 1+l+n= 1 *C*-C-*5 an! DDA Za,; 8#n= 2as st+ll s%a$t+n= 1$% a 1+l+n= @<
C#=;l+n 1 app$A+%atel< --C*/C-*5 2;+,; $es#lt! +n 8#n= p$%ptl< a%en!+n= ;+s
,%pla+nt +n $,$*(--.('))E- t a!! a ,;a$=e t;at 2as !#pl+,at+ve5 even 2;e$e 8O#n= 1a+l#$e
t alle=e t;e1t $ pssess+n=C$e,e+v+n= ?1$% ant;e$7 #n!e$ Staa@ %aBes ;+s s ,;a$=+n=
C#=;l+n +n t;at +P;ne ,ase a RPC )./ v+lat+n5 2;+,; +s 8O#n=7s spe,+alt<5 appa$entl<.
T;at5 an! v+lat+n= NRs -D/.E(F5 2;+,; 8O#n= !+! @< 1+l+n= +n $,$*(--.('))E- 2+t; a sta%p
1 *&FFp% a 1#=+t+ve !,#%ent 1 ;+s 2n5 an Opps+t+n t C#=;l+n7s $ t;e WCPD Mt+n
t Appea$ as CC#nsel n *C*DC-*...neve$%+n! 8O#n= t$+e! t ;l! a TRIAL n FCDC-* +n
t;at ,ase !esp+te t;e O$!e$ 1+n!+n= C#=;l+n ,%petent +n ,$-*.()D' !+!n7t even =et s+=ne!
an! ente$e! #nt+l FC0C-*...!+tt t;e T$+al seet+n= 1 FC/C-* +n RMC -- ,$ *'E(F5 t;e ,$+%+nal
t$espass ,ase. NOt %#,; $espe,t 1$ n$s -D/.E(F >+n,l#!+n= 2+t;+n NRs F.(-(" ;e$e +n
N$t;e$n neva!a..
- -DCEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C#=;l+n !+!n7t $e,e+ve! t;e *C*/C-* Cnte%pt OR!e$ +n -- t$ *'/(( #nt+l 6#l< *(-*...@#t !+!
1+le a Nt+,e 1 Appeal )CDC-*...!esp+te ?s#%%a$< ,$+%+nal ,nte%pt? @e+n= a 1+nal appeala@le
$!e$5 6#!=e Nas; HOl%es ,nt+n#es t $e1#se t 1ll2 NRS -/0.(-(.(F( >s C#=;l+n ;as t
t<pe t;e t$ans,$+pt5 <a<....
T;+s @$+n=s #s t t;e %e$+ts 1 t;e appeal. 4e,a#se a s#%%a$< ,nte%pt p$,ee!+n= !+spenses
2+t; p$,e!#$al sa1e=#a$!s $!+na$+l< !ee%e! essent+al t 1a+$ ,$+%+nal t$+als5 !e,+s+ns 1 t;e
S#p$e%e C#$t >CBe v. Un+te! States5 -0*F5 *'D U.S. F-D5 EF S.Ct. )0(5 '0 L.E!. D'D; In Re
Ol+ve$5 -0E/5 ))) U.S. *FD5 '/ S.Ct. E005 0* L.E!. '/*; Ha$$+s v. Un+te! States5 -0'F5 )/*
U.S. -'*5 /' S.Ct. )F*5 -F L.E!.*! *E(; 6;nsn v. M+ss+ss+pp+5 -0D-5 E() U.S. *-*5 0- S.Ct.
-DD/5 *0 L.E!.*! E*)" an! Seve$al ,#$ts 1 appeals5>Un+te! States v. Me<e$5 -0D*5 -E0
U.S.App.D.C. *-*5 E'* F.*! /*D >,lle,t+n= ,ases"; Un+te! States v. W+llett5 Et; C+$. -0D(5
E)* F.*! *(*; Un+te! States v. Pete$sn5 -(t; C+$. -0D*5 EF' F.*! --)F; Un+te! States v.
Ma$s;all5 0t; C+$. -0D-5 EF- F.*! )D*. 4#t see In Re N+@la,B5 D.C.C+$.-0D)5 ED' F.*! 0)(5
an! In Re Gates5 D.C.C+$. -0D)5 ED/ F.*! 00/5 !+s,#sse! at nte D5 +n1$a" ave seve$el<
,nst$+,te! t;e s,pe 1 t;e s#%%a$< ,nte%pt p2e$.
One ,nst$a+nt n t;e #se 1 R#le E*>a" +s a $eN#+$e%ent t;at t;e$e @e 7nee! 1$ +%%e!+ate
penal v+n!+,at+n 1 t;e !+=n+t< 1 t;e ,#$t7. CBe v. Un+te! States5 s#p$a5 *'D U.S. at F)'5
EF S.Ct. at )0F. T;e !e1en!ants +n CBe ;a! 2$+tten an! !el+ve$e! an +nslent lette$ t a
!+st$+,t ,#$t H#!=e 2; ;a! H#st p$es+!e! ve$ seve$al ,ases +n 2;+,; t;e !e1en!ants ;a! an
+nte$est5 an! 2; 2as a@#t t p$es+!e ve$ t;e$ s#,; ,ases. T;e S#p$e%e C#$t5 $eve$s+n=
s#%%a$< ,nte%pt ,nv+,t+ns5 ,a$e1#ll< !+st+n=#+s;e! @st$#,t+ve ,nte%pts +n pen ,#$t
1$% t;e$ 1$%s 1 ,nte%pt. D+st#$@an,e5 v+len,e5 $ !+s$espe,t1#l @e;av+$ %a< @e !ealt
2+t; s#%%a$+l<5 +1 ,%%+tte! +n pen ,#$t5 @e,a#se 1 t;e nee! t v+n!+,ate t;e ,#$t7s
a#t;$+t< n t;e spt. 7W;en t;e ,nte%pt +s nt +n pen ,#$t5 ;2eve$5 t;e$e +s n s#,; $+=;t
$ $easn +n !+spens+n= 2+t;7 n$%al plena$< p$,e!#$e. *'D U.S. at F)'5 EF S.Ct. at )0F.
T;e C#$t ;as p$ese$ve! t;e !+st+n,t+n +t a$t+,#late! +n CBe. In Re Ol+ve$5 s#p$a nte *5
$eve$se! t;e ,nte%pt ,nv+,t+n 1 a 2+tness 2; appea$e! @e1$e a H#!=e s+tt+n= as a ne.
%an =$an! H#$< +n M+,;+=an. T;e H#!=e.=$an! H#$< 1#n! t;e 2+tness +n ,nte%pt 1$ =+v+n=
evas+ve ans2e$s t ;+s N#est+ns. T;e +nN#+$< ;a! ,,#$$e! +n ,;a%@e$s5 2+t; 1e2 peple
p$esent. 9#t+n= 1$% CBe5 t;e C#$t %a!e ,lea$ t;at s#%%a$< ,nte%pt p2e$ ,an
,nst+t#t+nall< $ea,; 7nl< s#,; ,n!#,t as ,$eate! 7an pen t;$eat t t;e $!e$l< p$,e!#$e 1
t;e ,#$t an! s#,; a 1la=$ant !e1+an,e 1 t;e pe$sn an! p$esen,e 1 t;e H#!=e @e1$e t;e
p#@l+,7 t;at5 +1 7nt +nstantl< s#pp$esse! an! p#n+s;e!5 !e%$al+Gat+n 1 t;e ,#$t7s a#t;$+t<
2+ll 1ll2.7 >CBe" >*'D U.S." at F)' >EF S.Ct. )0(".7 ))) U.S. at *DF5 '/ S.Ct. F(/.
T2 %$e $e,ent ,ases5 Ha$$+s v. Un+te! States5 s#p$a nte *5 )/* U.S. at -'F5 /' S.Ct. )F*5
an! 6;nsn v. M+ss+ss+pp+5 s#p$a nte *5 E() U.S. at *-E5 0- S.Ct. -DD/5 $ea11+$%e!5 2+t;
$el+an,e n CBe5 t;e v+e2 t;at nee! 1 +%%e!+ate a,t+n t $est$e $!e$ t an n=+n= ,#$t
p$,ee!+n= +s a p$e$eN#+s+te5 @t; ,nst+t#t+nall< an! #n!e$ R#le E*>a"5 t #se 1 t;e s#%%a$<
,nte%pt p2e$.
- -/CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Aederal law, 1* U.S.,. B 601, confers upon a court the authority to punish "y
imprisonment "mis"ehavior of any person in its presence or so near thereto as to
o"struct the administration of !ustice," id. B 601112, and "diso"edience or resistance to its
lawful writ, process, order, rule, decree, or command," id. B 6011-2. C findin of direct
contempt is appropriate only if the criminal contempt occurred in the presence of the
!ude and "the !ude saw or heard the contemptuous conduct and so certifies."
Aed.R.,rim.&. 621"2. ,ontempt in the presence of the court "must "e punished on the
spot to maintain the court#s authority." Hhe use of the summary contempt power is
proper only for "chares of misconduct, in open court, in the presence of the !ude,
which distur"s the court#s "usiness, where all of the essential elements of the misconduct
are under the eye of the court, are actually o"served "y the court, and where immediate
punishment is essential to prevent $demorali%ation of the court#s authority# "efore the
pu"lic." &ounders v. 'atson,(21 U.S. )*2, )**, 11+ S.,t. 2-(), 1-* ../d.2d )+0 11)++2
1per curiam2 13uotin 4n re 5liver,--- U.S. 2(+, 2+(, 0* S.,t. 6)), )2 ../d. 0*2
11)6*22.Cs we have reconi%ed, however, the contempt power may "e a"used. 'e have
held the summary contempt eDception to the normal due process re3uirements, such as a
hearin, counsel, and the opportunity to call witnesses, "includes only chares of
misconduct, in open court, in the presence of the !ude, which distur"s the court#s
"usiness, where all of the essential elements of the misconduct are under the eye of the
court, are actually o"served "y the court, and where immediate punishment is essential
to prevent $demorali%ation of the court#s authority# "efore the pu"lic." 4n re 5liver,---
U.S. 2(+, 2+( 11)6*2 13uotin ,ooke, supra, at (-02. 'e have stressed the importance of
confinin summary contempt orders to misconduct occurrin in court. 'here
misconduct occurs in open court, the affront to the court#s dinity is more widely
o"served, !ustifyin summary vindication. See 4n re <reen,-0) U.S. 0*), 0)2 11)022
1relyin on due process cases2> 8arris v. United States,-*2 U.S. 102, 106 11)0(2 1definin
"oundary "etween summary and ordinary contempt under Aed. Rule ,rim. &roc. 622.
4t is true that courts have lon eDercised a power summarily to punish certain conduct
committed in open court without notice, testimony or hearin. /D parte Herry, 12* U.S.
2*), ) S.,t. ++, -2 ../d. 60(, was such a case. Hhere Herry committed assault on the
marshal who was at the moment removin a heckler from the courtroom. Hhe #violence
and misconduct# of "oth the heckler and the marshal#s assailant occurred within the
#personal view# of the !ude, #under his own eye,# and actually interrupted the trial of a
cause then under way
Hhat the holdin in the Herry case is not to "e considered as an unlimited a"andonment
of the "asic due process procedural safeuards, even in contempt cases, was spelled out
with emphatic lanuae in ,ooke v. United States, 20+ U.S. (1+, 6( S.,t. -)0, 0) ../d.
+0+, a contempt case arisin in a federal district court. Hhere it was pointed out that for a
court to eDercise the eDtraordinary "ut narrowly limited power to punish for contempt
- -0CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
without ade3uate notice and opportunity to "e heard, the court=distur"in misconduct
must not only occur in the court#s immediate presence, "ut that the !ude must
have personal knowlede of it ac3uired "y his own o"servation of the contemptuous
condut . Hhis ,ourt said that knowlede ac3uired from the testimony of others, or even
from the confession of the accused, would not !ustify conviction without a trial in which
there was an opportunity for defense. Aurthermore, the ,ourt eDplained the Herry rule
as reachin only such conduct as created #an open threat to the orderly procedure of the
court and such a flarant defiance of the person and presence of the !ude "efore the
pu"lic# that, if #not instantly suppressed and punished, demorali%ation of the court#s
authority will follow.# 4d., at pae (-0 of 20+ U.S., at paes -)6, -)( of 6( S.,t.
..."#Aor the purposes contemplated "y the provision of the constitution, the presence
of the officers of the courtMmen whom, it is safe to say, were under the influence
of the courtMmade the trial no more pu"lic than if they too had "een eDcluded.#
&eople v. 8artman, 10- ,al. 262, 266, -+ &. 1(-, 1(6, 62 Cm.St.Rep. 10*." Hhe R:,
reularly clears the court of mem"ers of the pu"lic 1as is did in 11 cr 221+0, the walmart
case2 and or holds ,ouhlin#s criminal case until the very end of the last stacked docket
of the day and or locks to courts doors, so that ,ouhlin#s Hrials cannot "e said to occur
in the presence of anyone other than the !Ude, the prosecutor, couhlin, and whatever
witness is testyin, and an Cdministrative Cssistant or 7udicial Cssistant 1to the eDten
they too are are not considered "officers of the ,ourt" and not su"!ect to the
eDclusionary rule. So the idea that these summary conempts were necessary "preserve
the dinity of the court" in front of "the pu"lic". see alston Sutton 0*- f. supp at 0*6, in
re spencer )*( so. 2d -00, 200 f.-d at 22+, in re scott 1)+* wl 206*- at -, 6++ ne 2d at 200,
matter of daniels (-0 a. -d at 12+-.
... In $e Ol+ve$5 ))) U. S. *FD. S+At; A%en!%ent R+=;t t C#nsel 1 C#=;l+n v+late! +n
@t; -- ,$ **-D' an! -- t$ *'/((5 als $!e$s n s#11+,+entl< !eta+le! $ ,apa@le 1 @e+n=
Bn2n ;2 t ,%pl< 2+t;5 nt s#11+,+ent 2a$n+n=5 v+lat H#stn v E+=;t; 6#!+,+al D+st$+,t
>Nev.".
See5 t;+s +s 2;< In Re Ol+ve$ an! CBe $eN#+$e all ele%ents 1 ?s#%%a$< ,$+%+nal ,nte%pt?
,,#$ ? +n t;e ?+%%e!+ate p$esen,e? 1 t;e C#$t. Ma<@e Ma$s;al Ha$le< an! s%e t;e$
Ma$s;al ;ave %+sle! 6#!=e Nas; HOl%es5 $ %a<@e s%et;+n= 2$se +s =+n= n ;e$e....@#t
2;at 6#!=e Nas; HOl%es sa+! n t;e $e,$!+n= +s ent+$el< %+slea!+n= an +na,,#$ate5 +1 nt an
#t$+=;t l+e >a=a+n5 %a<@e nt a l+e @< 6#!=e Nas; Hl%es5 %a<@e s;e +s $epeat+n= a l+e5 @#t
$e=a$!less ;e$ $el+an,e n #natt$+@#te! ;ea$sa< +s !+st$#@+n= an +napp$p$+ate5 pa$t+,#la$<
2;e$e s;e nt nl< p#$p$ts t +ss#e a ?s#%%a$< ,$+%+nal ,nte%pt? ,nv+,t+n a=a+nst an
att$ne<5 @#t als 2;e$e 6#!=e Nas; Hl%es appea$s t t$< t t$ans%=$+1< 2;at s;e sees as ?a
s+%ple t$a11+, ,+tat+n t$+al? +nt a 1#ll @l2n SCR -(F !+s,+pl+na$< ;ea$+n= 2;e$e s;e +s @t;
4a$ C#nsel an! t;e Panel...T;at Ma$s;al nee!s t s+=n an a11+!av+t5 #n!e$ NRS **.(*( an!
6#!=e Nas; HOl%es #=;t t ;ave t p#t s%et;+n= n t;e $e,$!5 #n!e$ at;5 +n $espnse t
- *(CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C#=;l+n7s $e,ent s#@pena >an! S4N Pat 3+n= 2+s;es t let 6#!=e Nas; HOl%es p;ne +n ;e$
test+%n<5 an! +t p$@a@l< 2n7t even @e s2$n test+%n<5 @#t $at;e$ H#st s%e %#s+n=s @<
6#!=e Nas; Hl%es p#$p$t+n= t %aBe ?$#l+n=s? 1+n!+n= ?@< ,lea$ an! ,nv+n,+n= ev+!en,e?
all s$ts 1 t;+n=s #ts+!e ;e$ H#$+s!+,t+n" n --C-EC-*5 n5 Pa$t+,B O. 3+n=5 S4N 4a$ C#nsel
;as als 1+le! Mt+n t 9#as; t;e S#@penas C#=;l+n atte%pte! t ;ave se$ve! n Ma$s;al
6el Ha$le<5 Ma$s;al De+=;tn5 6#!=e Nas; HOl%es5 6#!=e W+ll+a% Ga$!ne$5 6#!=e Ga$!ne$s
A!%+n+st$at+ve Ass+stant L+sa Wa=ne$5 2; ,an7t N#+te 1+n! t;e NOt+,e 1 Appeal C#=;l+n
1aAe! t ;e$ >all2a@le #n!e$ t;e RMC R#les" n 6#ne */t;5 *(-* +n -- CR *'E(F >t;e appeal
2as !+s%+sse! #n!e$ an NRS -/0.(-( anal<s+s @< 6#!=e Ell+t5 2;% als =t C#=;l+n
appeal 1 t;e -- ,$ **-D' ,nv+,t+n $es#lt+n= +n t;+s C#$t7s 'CDC-* te%p$a$< s#spens+n
O$!e$ +n ,$--.*('E5 2;+,; 2as !en+e! @ase! #pn a civil p$epa$at+n 1 t$ans,$+pt !2n
pa<%ent $#le5 +n t;at criminal appeal5 2;e$e t;e RMC ;as a t;+n= +n pla,e 2+t; t;+s Pa%
Ln=n+ t;at v+lates Neva!a la2 +n t;at +t $e1#se! t =+ve C#=;l+n t;e a#!+ ,! 1 t;e t$+al
1$ s%e t+%e5 +ns+st+n= nl< Ln=n+ 2#l! @e all2e! t t$ans,$+@e +t5 an! t;at t;e
t$ans,$+pt7s p$epa$at+n 2#l! a@sl#tel< nt sta$t #nt+l a !2n pa<%ent 2as %a!e. Pl#s5 even
2;e$e C#=;l+n ,ave! t t;e pa<%ent !e%an!s..Ln=n+ $epeate!l< ;#n= #p t;e p;ne n ;+%
an! t;e$2+se +=n$e! ;+s ,%%#n+,at+ns >t;e$e %a< @e an +ss#e 1 t;e e%a+l Ln=n+
;l!+n= #t t t;e p#@l+, +ss#+n= a ?@#n,e@a,B?...@#t s;e nee!s t s+=n an a11+!av+t as t
2;et;e$ s;e p#t C#=;l+n n a @l,Be! l+st5 an! #pn +n1$%at+n an! @el+e15 C#=;l+n 1aAe!
;+s $eN#est t t;e n#%@e$ t;e RMC ;el! #t 1$ ;e$ n ;e$ @e;al1 t...
In ;e$ Ma$,; -Et;5 *(-* =$+evan,e a=a+nst C#=;l+n t t;e S4N >n2 NG-*.(E)E5 an!
pe$;aps5 NG-*.(E)F5 !epen!+n= #pn 2;% <# asB an! 2;at 3+n= %eans @< ?Cle$B 1
C#$t?...@e,a#se +n 3+n=7s )C*)C-* e%a+l t C#=;l+n ;e appa$entl< +!ent+1+es Ms. Ma$+l<n
T=nn+ as ?Cle$B 1 C#$t 1 Depa$t%ent )?...2;eve$5 2#l!n7t +t @e Se,n! 6#!+,+al
D+st$+,t C#$t Cle$B 1 C#$t 6e< O$!#na Hast+n=s t;at 2#l! nee! t sen! Fa%+l< C#$t
6#!=e L+n!a Ga$!ne$7s Ap$+l *((0 O$!e$ san,t+n+n= C#=;l+n t t;e S4N7s 3+n= 1$ 3+n=
n2 appa$ent ,ntent+n t;at t;e NG-*.(E)F ?=;st =$+evan,e? ,ns+st+n= 1 6#!=e L.
Ga$!ne$7s Ap$+l *((0 O$!e$ 2as nt 1+le! @< t;e RMC 6#!=esO O;5 Cle$B 1 C#$t O$!#na
Hast+n=sO D <# ;ave an<t;+n= t sa< a@#t t;+sO 6#!=e Nas; Hl%e7s )C-EC-* =$+evan,e t
@a$ ,#nsel $ea!s&
?
Re& Za,;a$< 4a$Be$ C#=;l+n5 Neva!a 4a$ N. 0ED)
Dea$ M$. Cla$B&
T;+s lette$ ,nst+t#tes a 1$%al ,%pla+nt 1 att$ne< %+s,n!#,t an!C$ !+sa@+l+t< a=a+nst
Za,;a$< 4a$Be$ C#=;l+n. T;e a,,%pan<+n= @A 1 %ate$+als !e%nst$ates s%e 1 t;e
p$@le%s 2+t; t;e p$a,t+,e 1 t;+s att$ne< @e+n= eApe$+en,e! @< %<sel1 an! t;e t;e$ t;$ee
H#!=es +n Ren M#n+,+pal C#$t. M< t2 %st $e,ent O$!e$s +n 2;at s;#l! @e a s+%ple t$a11+,
- *-CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,+tat+n ,ase a$e sel1.eAplanat$< an! a$e +n,l#!e!5 t=et;e$ 2+t; ,p+es 1 %ass+ve !,#%ents
Me. C#=;l+n ;as 1aAT1+le! t #$ ,#$t +n t;+s ,ase. A#!+ $e,$!+n=s 1 t2 1 %< ;ea$+n=s +n
t;+s %atte$ a$e als +n,l#!e!. He 1a+le! t appea$ 1$ t;e se,n! ne t;+s past Mn!a<.
I ;ave ant;e$ t$a11+, ,ase pen!+n= t$+al 2+t; ;+% t;at 2as $e.ass+=ne! t %e @ase! n #$
Depa$t%ent I H#!=e @e+n= #t 1$ s#$=e$<. We ;ave %#lt+ple a!!$esses 1$ M$. C#=;l+n an!
,an7t see% t l,ate ;+% @et2een ,ases ve$< eas+l<. We a$e sett+n= t;at ,ase 1$ t$+al an!
atte%pt+n= t se$ve ;+% at t;e %st $e,ent a!!$ess 2e ;ave >-E** E. 0
t;
St. U* Ren N8
/0F-*"5 alt;#=; I ;ea$! t!a< ;e %a< @e l+v+n= +n ;+s ve;+,le s%e2;e$e. We ! ;ave an
a!!$ess 1$ ;+s %t;e$5 ;2eve$5 as s;e $e,entl< pste! pa$t 1 a 1+ne 1$ ;+%.
6#!=e 3en H2a$!5 Depa$t%ent E5 ;a! a ,ase n M$. C#=;l+n late last <ea$ t;at +s n2 n
appeal t t;e Se,n! 6#!+,+al D+st$+,t C#$t. 6#!=e 4+ll Ga$!ne$5 Depa$t%ent *5 als ;as a
%atte$ ,#$$entl< pen!+n= +n ;+s ,#$t 2+t; M$. C#=;l+n as t;e !e1en!ant. I ;ave en,lse!
s%e ,p+es 1 !,#%ents 1$% t;se %atte$s5 +n ,;$nl=+,al $!e$5 s+%pl< @e,a#se t;e<
appea$ t !e%nst$ate t;at ;e +s N#+,Bl< !e,%pensat+n= +n ;+s %ental stat#s. O#$ sta11 als
%a!e <# s%e a#!+ tapes 1 C#=;l+n +n t;e ;+% an! ;+% an! ;+% an! ;+% an! ;+% an! ;+%
an! ;+% ;+% an! I 2+ll ;+% an! ;+% an! ;+% an! ;+% an! ;+% +n Depa$t%ents * an! E s <#
,an ;ea$ 1$ <#$sel1 ;2 t;+s att$ne< a,ts +n ,#$t. 8# ,an see ;+s @e;av+$ +n %< t$a11+,
,+tat+n ,ase !es nt appea$ t @e an +slate! +n,+!ent.
It +s %< #n!e$stan!+n= t;at Ren 6#st+,e C#$t als ;as a %atte$ pen!+n= n t;+s att$ne<. M<
6#!+,+al Ass+stant 2as ,nta,te! @< t;e Was;e P#@l+, De1en!e$ +n Fe@$#a$< 2;en I ;a! M$.
C#=;l+n Ha+le! 1$ Cnte%pt 1 C#$t an! t;e< state! t;at t;e< $ep$esent ;+% +n a G$ss
M+s!e%ean$ %atte$ +n R6C. I ;ave n t;e$ +n1$%at+n n t;at.
8# 2+ll ;ave t;e 1#ll ,pe$at+n 1 %<sel15 t;e t;e$ H#!=es5 an! t;e sta11 1 Ren M#n+,+pal
C#$t +n <#$ p#$s#+t 1 t;+s %atte$. M$. C#=;l+n ;as ps+t+ne! ;+%sel1 as a veAat+#s
l+t+=ant +n #$ ,#$t5 anta=n+G+n= t;e sta11 an! even #$ pro temp H#!=es n t;e %st s+%ple
t$a11+, an! %+s!e%ean$ %atte$s. I ! t;+nB t;+s +s a ,ase 1 s%e #$=en,<5 an! I apl=+Ge 1$
taB+n= t2 !a<s t =et t;+s pa,Ba=e t <#; #$ IT pe$sn 2as +ll an! ,#l! nt %aBe t;e ,p+es
1 t;e a#!+s 1 M$. C#=;l+n7s ;ea$+n=s #nt+l t!a<5 an! I 1elt +t 2as +%p$tant t;at t;e a#!+s
@e +n,l#!e! +n t;e %ate$+als t @e ,ns+!e$e! @< t;e State 4a$. On Fe@$#a$< *D5 "#$", %r.
C#=;l+n tl! %e ;e 2as a,t+vel< p$a,t+,+n= la2 an! ;a! app+nt%ents 2+t; ,l+ents. J ! nt
Bn2 +1 t;at 2as t$#e5 @#t +1 s5 ;e ,#l! @e ,a#s+n= se$+#s ;a$% t t;e p$a,t+,e 1 la2 +n
N$t;e$n Neva!a an! ,#l! @e Hepa$!+G+n= s%ene7s 1$ee!% $ p$pe$t< +nte$ests. ?
- **CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
+t +s +nst$#,t+ve t ,ns+!e$ H#!=e W+ll+a% Ga$!ne$7s ,%%ents n t;e $e,$! at t;e t$+al +n t;e
,$+%+nal t$espass %atte$ 1$% C#=;l+n7s 1$%e$ ;%e 11+,e a=a+n +t +s H#!=e W+ll+a% Ga$!ne$
2; +s t;e @$t;e$ 1 6#!=e L+n!a Ga$!ne$ 2;se Ap$+l *((0 san,t+n $!e$ 2as ,+te! @<
Was;e le=al se$v+,es an! na%e! pa$t< +n t;+s %atte$ at t;+s sle $easn 1$ 1+$+n= C#=;l+n
a!!+t+nall< Was;e le=al se$v+,es n2 e%pl<s as pa$t 1 t;e ECR p$=$a% 2+t; T;V!$e
2; 2as at ne t+%e C#=;l+n sa+! n t;+s ,$+%+nal t$espass %atte$ #nt+l appa$entl< 6e 1+=#$e!
#t t;e Cal!e$ 2as !+n= ;+s @#s+ness pa$tne$s Neva!a ,#$t se$v+,es ta@le +s a ,#$t.app+nte!
att$ne< @< t;e !e1en!ant !e1ense att$ne< @< t;e Ren %#n+,,#$t
at t;e -0 %+n#tes %a$B 1 t;e a#!+ 1 t;e 'C-/C-* t$+al +n t;e ,$+%+nal t$espass %atte$ -- ,$
*'E(F&
6#!=e Ga$!ne$& 1+nall< t;e +t leaves t;e +ss#e 1 recusal alt;#=; <# ;ave nt $a+se! +n t;e
,apt+n 1 t;e plea!+n= ne2s.2+t; +n t;e pa$t< t;e+$ a@#t pa=e ! 2e a@#t a!!$ess t;+s +ss#e
@e1$e an! I7ve !en+e! t;at %t+n t $e,#se t;e$e +s nt;+n= $a+se! +n an< 1 t;e plea!+n=s t;at
,a#ses %e t @e @#s< +n t;+s ,ase t;e$ t;an a 1a+$ !eta,;e! @se$ve$ 1 t;e 1a,ts 1 t;at 2+ll @e
!en+e! 1$
C#=;l+n 8#$ Hn$ H#st +nte$He,t t;at nt H#st p$e1a,e! t;at @< sa<+n= Neva!a !,t$s !+!
<#$ ann#n,e! an< H#!=e 8#$ Hn$ an! ,%pletel< 1a+$ s let7s =+ve %e a lt 1 ,n1+!en,e
t;e ,$$+!$ @#t I ! @el+eve t;e$e %+=;t @e a H#!+,+al ,an!$ s%et;+n= t;+s +s 2;e$e H#!=e ;as
l+t+=ants @e1$e ;+% 2; ;ave a ,ase +nvlv+n= a 1a%+l< %e%@e$ 1 t;e H#!=e an! s%e t;e$
sp;e$e an! I t;+nB t;at M+Be an! %an!at$< $e,#sal a#t @#t I !+! 1+n! an! 1ll2 %an!a%#s
a,t+n a!vent#$e s+ste$ atten!e! ,#$t +n *((0 I 2as 1+$e! 1$% a H@ as +1 s#$ve+llan,e att$ne<
1$ Was;e le=al se$v+,es 2as tl! I 2as 1+$e! @e,a#se 1 ;e$ @e,a#se 1 ,n!#,t @< ne+t;e$
$es#lte! +n ;e$ $!e$ !+st+lle$+es an! sta$ts %a$s;al+n= se$v+,es I !+! 1ll2 %an!a%#s pet+t+n
$espnse t t;at. 6#!=e 1 t;e S#p$e%e C#$t 1at;e$ 2asn7t 2$t;< 1 %$e $ev+e2e$ $eN#+$e
an! $espns+veness an! an! n2 t;e$e7s t;+s =$+evan,e 1$ t;e ,#$t an! I ,all +t nt @e 1l+ppe!
@<& p.%. %a,#la ,n,ept+n =$+evan,e @e,a#se n@!< ,an tell %e 2; 1+le! +t $ ;2 t;e ,an
=$+evan,e @#t t;at $!e$ ne *((0 san,t+n %a< $eN#+$e %e t pa< pe$snall< P-((( +n
att$ne<7s 1ees #n!e$ NRS ;+% .(/F as a ,nseN#en,e 1 %< a!v,a,< +s a !%est+, v+len,e
att$ne< a1te$ n#%@e$ 1 @#s ,l+ent a @atte$e! 2%an tenant $ al+%n< +n,+!ent t a *( <ea$
%a$$+a=e 2;en I 2as $!e$e! t sla#=;te$ %< p,Bet t;at +s n2 =$+evan,e +t #pn +n1$%at+n
@el+eve! t;at +t ,an =$+evan,e 2+t; t;e State 4a$ @e,a#se <#$ s+ste$ H#!=e L+n!a Ga$!ne$ !+!
t;e $!e$ t <# 2;e$e#pn <# +n!+,ate! t;at <# =et H#!=e Nas; Hl%es 2;e$e#pn H#!=e
Nas; an! sB+ppe! 1$ ,#nsel aln= 2+t; a n#%@e$ 1 t;e$ %ate$+als t;at I7ve nt @een p$+v<
t !esp+te %< atte%pts t se,#$e t;e% 1$% t;e 1+l+n= 11+,e$ t;e ,#$t $ 1$% !$ ,#nsel I
;ave %a!e n#%e$#s atte%pts t =et t;ese $e,$!+n=s at antenna %ate$+als as a$e nt !+$e,te!
at
- *)CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6#!=e W. Ga$!ne$& t;anB <# M$. C#=;l+n let %e H#st tell <# t;+s t;at ,ase =es @a,B t t;e
Fa%+l< C#$t 1 n $eal Bn2le!=e eA,ept t;at I ;ave $ea! t;e O$!e$ +t +s #n$elate! an!
+$$elevant t t;+s ,ase. I ;ave nt really !+s,#ss t;e %e$+ts 1 t;+s ,ase 2+t; %< sister 2; +s a
H#!=e +n t;e Fa%+l< C#$t t;e$e 2#l!7ve @een no reason t !+s,#ss t;at ,ase an! even if that
would've happened +t 2#l! ;ave nt5 #;5 #%5 t;e$e $eall< +s n neA#s @et2een ;e$ @e+n= a
H#!=e ;ea$+n= t;e ,ase 1$ E#$pe att$ne< an! an! %< @een a H#!=e s%e t;$ee <ea$s late$ n
a ,ase 2;e$e <# a$e a !e1en!ant +n5 s t;e %t+n t $e,#se +s !en+e! an! I t;+nB t;at
+!ent+1+es t;e +ss#es t;at <# 1a,e! +n t;e %t+n <# 1+le! 6#ne F5 *(-* +t lBs l+Be n2 2e
a$e $ea!< t = t t$+al +s t;at ,$$e,t5 M$. HaGlett.StevensO?
HaGlett.Stevens t;at7s ,$$e,t 8#$ Hn$& I7ll ,all R+,;a$! H+ll t t;e stan! ?
6#!=e W. Ga$!ne$ ,#$+#sl< !e1+nes an! l+%+ts t an ve$l< na$$2 eAtent5 C#=;l+n7
appea$an,e @e1$e ;+%5 even 2;e$e C#=;l+n ;a! @een 1$,e! t $ep$esent ;+%sel1 +n v+lat+n
1 t;e S+At; A%en!%ent =+ven t;e #tte$l< 1$a#!#lent ?,#$t app+nte! $ep$esentat+n? @< 3e+t;
L%+s5 EsN. as ?a ,ase 2;e$e <# a$e a !e1en!ant +n?.
T;en >an! t;+s als =es t t;e ve$l< na$$2 l+%+t+n= 1 t;e ,n1l+,t anal<s+s t see+n=
C#=;l+n nl< as ?a !e1en!nat @e1$e %e +n a ,$+%+nal ,ase? t;at 6#!=e W. Ga$!ne$ %a!e
a@ve" at t;e *)&*( %+n#te %a$B5 !esp+te H#!=e W+ll+a% Ga$!ne$ a!%+tt+n= t @e+n= 2;e$e
p$ev+#sl< 1 t;e 1a,t t;at C#=;l+n7s la2 l+,ense ;a! @een s#spen!e! @< t;+s ,#$t n 6#ne D5
*(-* H#!=e Ga$!ne$ ntes&
6#!=e GA$!ne$& eA,#se %e M$. HaGlett Stevens let %e H#st ente$ ne %$e t;+n= 1$ t;e $e,$!
n t;at $e,#sal anal<s+s M$. C#=;l+n l+%+ts t;e 2$!+n= 1 t;+s ,ase t t;e !ate I ;ave p#t t;e
,$+%+nal ,%pla+nt alle=es n n#%@e$ 1 Nve%@e$ -)5 *(-- +n t;e ,+t< 1 Ren at -*- R+ve$
R,B St. t;e !e1en!ant 2as 1#n! +n t;e p$pe$t< a1te$ @e+n= ev+,te! n Nve%@e$ -5 *(--
4+ll< t;e$ +n1$%at+n I ;ea$! a@#t t;e ,ases @een 2;ateve$ 2as $a+se! +n t;e plea!+n=s 1+le!
@< e+t;e$ <# $ M$. HaGlett.Stevens5 s t;at @e+n= t;e ,ase5 = a;ea! an! p$,ee! 2+t; <#$
eAa%+nat+n 1 R+,;a$! H+ll?
Inte$est+n= ;2 t;e ,%pla+nt plea!s @e+n= ev+,te! as tanta%#nt t a ,$+%+nal t$espass
2a$n+n=5 an! HaGlett.STevens +%pe$%+ss+@l< s#=;t t +nvBe State v. n+,;ls +n t;e @$a!est
1 senses >,$+%+nal t$espassO ,+v+l t$espassO 2as nt+,e app$p$+tatel< se$ve! +n N+,;lsO
!esn7t %atte$ appa$entl<5 an! 6#!=e Ga$!ne$ +n!+,ates ;e !esn7t ,a$e 2;at se$v+,e $#les appl<
t ev+,t+ns5 as ;e 2+ll !e,+!e t;at @ase! #pn t;e facts as !evelpe! a t$+al5 $e1#s+n= t all2
C#=;l+n t %aBe le=al a$=#%ent +n t;at $e=a$!.
+n t;at a#!+ 1 t;e t$+al5 ve$< s;$tl< t;e$a1te$ at t;e *E&(* %a$B&
- *ECEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
?C#=;l+n& I7% s$$< I !n7t %ean %+na$et t M$. HaGel Stevens @#t +1 I ,an H#st N#+,Bl<
+nte$He,t ;e$ ;n$ 2+t; $espe,t 2;at <# H#st sa+! t t;e eAtent t;at I a% $eN#+$e! t @$a,; t;e
tp+, 1 an< !+s,#ss+ns <# ;a! 2+t; H#!=e Nas; Hl%es 2+t; $espe,t t t;ese %atte$s
Ga$!ne$& I ,an tell <# t;at H#!=e Nas; 2ns I ;ave nt !+s,#sse! t;+s 2+t; an<@!<. We ;ave
nt. F t;e+$ ;ave @een n !+s,#ss+ns @et2een %e an! t;e H#!=e a@#t <#$ ,ase t p$te,t

An!5 !a$n5 1$=t t;+s5 @#t t;e$e a,t#all< 2as a Pa% Ln=n+ p$epa$e! t$ans,$+pt +n t;e appeal
1 t;e ,$+%+nal t$espass ,nv+,t+n >@#t as ,$-*.-(-/ %a< s#==est5 +t ,an @e a =! +!ea t
!#@le ,;e,B Ms. Ln=n+7s t$ans,$+pt+ns 1$ t;e RMC5 s;e +s ;el! #t as t;e+$ ?eA,l#s+ve?
t$ans,$+pt+n+st5 an! !,#%entat+n +s p$v+!e! t appellants t;at t;e$ t$ans,$+pt7s p$epa$at+n
2+ll nt even @e=+n #nt+l a s#@stant+al !2n pa<%ent +s %a!e >an! p$@a@l< 2n7t5 + nee! t
,;e,B t;+s...@#t p$@a@l< 2n7t @e 1$2a$! t !+st ,#$t #nt+l 1#ll pa<%ent +s %a!e5 all +n
v+lat+n1 1 NRS -/0.()(...!esp+te 2;ateve$ civil stat#te 6#!=e Ell+t ,+te! +n !en<+n=
C#=;l+n7s appeal 1 t;e 2al%a$t t;+n= #!ne$l<+n= ,#=;l+n7s ,#$$ent s#spens+n 1 'CDC-*...+n
,$--.*('E..."
@#t5 +t +s $eall< +nte$est+n= t nte H2 6#!=e W. Ga$!ne$5 n#et$al a$@+te$ 1 1a,t5 $e,#nts t;e
$e,$! +n t;at t$espass ,ase +n Ln=n+7s t$ans,$+pt5 espe,+all< +2t; $e=a$! t t;e +%p$t 1 NRS
-D/.E(F +n t;e ,nteAt 1 n$s F.(-( espe,+all< an! ,ns+!e$+n= t;e ,%%#n+,at+ns @et2een
,+t< att< HaGlett.Stevens5 Hn. W. Ga$!ne$ an! t;en ,#$t app+nte! !e1ense ,#nsel 3e+t;
L%+s +n a ,lan!est+ne stat#s ,n1e$en,e t;e %$n+n= 1 t$+al >ttall< #n@eBn2nst t
L%+s7s att$ne< ,l+ent C#=;l+n5 n EC-(C-*"...
2;+le alte$natel< ,+t+n= t C#=;l+n7s @e+n= $e%ve! 1$% %ental ;ealt ,#$t @< 6#!=e 4$een5
MD as a @as+s 1$ !en<+n= a %t+ns n ' -/ -*5 nl< t t;en $#le as +$$elevant an< a$=#%ent
C#=;l+n %a!e t t;e @as+s 1$ t;at $e%val >2;+,; +s all p+ntless n25 as t;e FCDC-* OR!e$
@< 6#!=e S1e$$aGGa t$ans1e$$+n= t;at +P;ne ,ase t Mental Healt; C#$t 2as v+lat+ve 1 NRS
-D/.E(F +n t;at t;e $!e$ $eslv+n= t;e *C*DC-* OR!e$ 1$ C%peten,< Eval#at+n +n ,$-*.
()D' !+! nt even =et s+=ne! an! ente$e!5 2+t; a 1+le sta%p #nt+l FC0C-*...s t;e 2;le %,;
!eal +s v+!.. @#t ,;e,B #t Hn Ga$!ne$s ,;a$a,te$+Gat+n 1 t;e t$+al sett+n= v+s a v+s t;e ' -/
-* t$+al an! t;e$ Be< !ates5 sB+ll1#ll< !ealt 2+t;5 <es +n!ee! 2+t; $espe,t t t;e pen!e,< 1 an
O$!e$ 1$ C%peten,< Eval#at+n !#$+n= Be< t+%es5 C#=;l+n +nte$l+neat+ns 2+ll @e +n "old
and in parentheses...&
?Hn. 6#!=e Ga$!ne$& On Nve%@e$ -)t;5 *(--5 M$. C#=;l+n 2as a$$este!
@< t;e Ren Pl+,e Depa$t%ent an! ,;a$=e! 2+t; ne ,#nt 1 t$espass+n=.
- *FCEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
On Nve%@e$ -E7;5 *(--5 M$. C#=;l+n 2as a$$a+=ne! an! ple! nt =#+lt<.
T$+al 2as t;en set 1$ De,e%@e$ -)t;5 *( --.
On Nve%@e$ *)7!5 *(--5 a Mt+n t Cnt+n#e 2as 1+le! @<
t;e C+t< Att$ne<5 a H+ll %t+n +s 2;at I7ll ,all +t5 @ase! n an a@sent
2+tness. I @el+eve +t 2as M$. H+ll5 nt $elate! t t;e H+ll %t+n.
MR. HAZLETT.STEVENS& T;at7s t;e $+=+nal %t+n5 <es.
THE COURT& T;at 2as nt ppse! @< De1en!ant7s ,#nsel at
t;e t+%e 1that would have "een R:, court appoint counsel .ew Haitel,
whose "usiness partners N/vada court Services ,ouhlin was suin at
the time incident to their work for Richard <. 8ill and ,asey Faker2.
An! n Nve%@e$ */t;5 I ente$e! an $!e$ ,nt+n#+n= t;e t$+al t;e 1+$st t+%e.
T;e t$+al 2as t;en $eset 1$ 6an#a$< )(t;5 *(-*. On 6an#a$< )5!5 *(-*5 a
Mt+n t Cnt+n#e 2as 1+le! @< M$. P#entes5 <#$ att$ne< at t;e t+%e. T;e
C+t< Att$ne< !+! nt @He,t.
On 6an#a$< -/t;5 I .2ell5 p$+$ t t;at5 @e1$e t;e $#l+n= n t;at %t+n5 n
6an#a$< -/t;5 M$. P#entes 1+le! a Mt+n t W+t;!$a2 as <#$ att$ne<.
On Fe@$#a$< *n!5 *(-*5 I s,;e!#le! a >+na#!+@le" ;ea$+n= n t;e Mt+n t
W+t;!$a2. T;e %t+n 2as =$ante!5 an! M$. L%+s 2as app+nte!.
5n Ae"ruary 1-th, 2012, you filed, :r. ,ouhlin, a :otion to ?acate, a
:otion for Reconsideration for Recusal.
On Fe@$#a$< **n!5 *(-*5 an Opps+t+n t t;e Mt+n 2as 1+le! @< t;e C+t<
Att$ne<.
T$+al5 t;en at t;at p+nt5 2as #lt+%atel< $eset 1$ Ap$+l -(t;5 *(-*.
1that trial settin is file stamped -9+912 in that R:, case 11 cr 2060(,
which, curiously is avoide throuhout this recitation of the "docket",
which is awfully touh to et a copy of from the R:,. Now ,ouhlin#s
11916912 Lisciplinary 8earin "efore the &anel and SFN involves three
rievances. n12=0206, filed "y Richard 84ll, n12=06-6, filed "y R:,
7ude Nash 8olmes, in relation to findin ,ouhlin in "summary
criminal contempt" despite cooke and in re oliver and the whole "every
essential element occured within the immediate presence" etc., etc. and
despite some real slippery shadowy recontin as rendered stuff a"out a
- *'CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
restroom "reak, o affidavits sined "y any ,t. :arshals at to whatever it
was they said to 7ude Nash 8olme and whatever remiDin of the order
of "athroom "reaks and search incidents to arrest, and oin "ack to the
!ail the neDt day to retrieve the attorney#s smart phone and data card
may have actually occurred..."ut the talkin point is thisI 5N 292+912 4N
R,R2012=00(0-0 CN5H8/R 5RL/R A5R ,5:&/H/N,J
/?C.UCH45N 'CS /NH/R/L CS H5 ,5U<8.4N. C couple hours
later, after 7ude Nash 85lmes was finally found "y her staff, the traffic
citation trial in connection with R&L citin ,oulin at 8ill#s law office
for - minor traffic ciolations 11 tr 20*00 was held, despite 7ude Nash
8olmes admission in her rievance to "ar counsel on -916912, which
"ecame n12=06-6....the third rievance, stranely stamped as received in
the sFN -91(912 with the "(" in the "1(" lookin a little under the
weather, is n12=06-(, and like a "a"y left on a doorstep after someone
rins the door"ell and runs away...its pretty murky !ust how that "three
year old 5rder in a completely unrelated case" as 85n. '. <arner
characteri%es it, which he admits to passin from his sister to the other
R:, 7udes shorlty "efore !ude Nash 85lmes su"mitted her ""oD of
materials" to the SFN alon with her rievance aainst ,ouhlin 1whose
filins, to her, represent the sinularly most distur"in pieces of leal
work she has seen in her -( years in this "usiness".. "ecause ,ouhlin
can "e a real ;unstler2
On Ma$,; Ft;5 *(-*5 M$. C#=;l+n5 <# 1+le! a %t+n a,t#all< ,apt+ne! +n
t;e D+st$+,t C#$t5 @#t +t %a!e +tsel1 .+t !+! %aBe +tsel1 app$p$+ate t #$ 1+le.
On Ma$,; *-7? <# 1+le! ant;e$ Mt+n .t;e C+t< 1+le! a >Pa=e .'. >1
Ln=n+7s t$ans,$+pt"
Mt+n t st$+Be <#$ %t+n @ase! n n se$v+,e n t;e C+t< Att$ne<.
On 6an#a$< *(t;5 *(-* 1must "e referrin to the 5Rder that says "filed in
error" and has a new file stampe of 2920912, one of several instances of
such "filed in error" restampins in this case and other R:, cases, here
is seems to have little important and to "e a simple scrivenor stamper
error25 I ente$e! an $!e$5 n#%@e$ ne5 !en<+n= <#$ %t+n t;at 2as 1+le! n
Fe@$#a$< -)t;5 *(-*. On Ma$,; *-st5 *(-*5 I ente$e! a se,n! $!e$ !en<+n=
<#$ Mt+n t D+s%+ss t;at 2as 1+le! n Ma$,; Ft;5 *(-*.
1if you are waitin for 7ude '. <ardner to indicate there was an 5rder
S/ttin for Hrial this crimina trespass case on -9+912 1settin the first
trial date of 6910912...at which a curious order of thins went like this...,t
finds ,ouhlin 3uestion of competency reardin ,ouhlin...then court
- *DCEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
rants .oomis :otion to 'ithdraw...huhE nrs 1+*.60( "stay the
proceedins#, not "rant .oomis one of his many, many succesful :otion
to 'ithdraw in his "work" as a court appointed "defense counsel" for
the R:,2...you will "e waitin a lon time, "ecaues he never manaed to
point that out....nor did he point out that the (9*912 stamped "Hrial
Settin" 1settin the 091*912 trial date2 was also violative of nrs 1+*.60(
vis a vis nrs (.010 1and even without (.010 is it2 iven the 5Rer in cr12=
0-+0 wasn#t sined and entered until (9)912..."ut 8on. 7. <arnder does
manae to mention cr12=0-+0, !ust not the fact that all these Hrial settin
and 5Rers rantin withdraws 1similar ot the one 8enry Sotelo, /S3.
anothe :c<eore former prosecutor court appointed defense counsel at
the R:, ot in 12 cr 12(20 durin the pendency of ,ouhlin third
,ompetency /valuation 5Rder.2
An! t;en n Ap$+l -(t;5 *(-*5 I s#spen!e! t;e p$,ee!+n=s @ase! n a
,%peten,< +ss#e t;at ;a! @een $a+se! +n t;e D+st$+,t C#$t.1well, actuall it
was more than #raise" "y the 292+912 5rder in the !ustice court that
<ardner#s fellow R:, !ude Nash 85lmes appears to reference ever so
curiosly in her -916912 reivance aainst couhlin with the s"n2 An! t;en
at t;at t+%e5 at <#$ $eN#est5 M$. L%+s 2as $el+eve! as <#$ att$ne<.
1re3uest is puttin is charita"ly...if .oomis is more of a prosecutor than
the prosecutor, is one decidin to o it alon, al"eit durin the pendency
of a competnecy order that precludes any such violation of the attendant
stay..is that really a "re3uest"E2
On Ap$+l *'t;5 *(-*5 +n D+st$+,t C#$t5 6#!=e Ell+tt 1#n! <# ,%petent t
stan! t$+al.
1well...isn#t the order findin ,oulin ,ompetent in that case cr12=0-+0
actually file stamped (9)912E doesn#t the !ail rip peopel off their
medications durin times liek the * day !ail stay ,oulin ot from apri
1)th, to april 20th, 2012 when LLC Gach Joun committed one of his
many numerous violationso of nrs 1+*.60( in seekin to have ,ouhlin#s
"ail revocked "ased upon some lies in a letter filed with the court "y
.akes ,rossin#s Fill Lavis and Sally Aarmer 1class ic was a !ail "ookin
area phone call "etween davis and ,ouhlin, recorded "y the !ail, we#ll se
if the produce it. wherein LCvis claims that he "didn#t write the letter"
that "ares his sinature as a &h.L. and was filed on 691+912 in cr12=0-+0
and cited to eDtensively "y d10 7ude Steven /lliot 1the !ude on the
associate 00-1+, the companion case to the instant 00-022 as a "asis,
alon with Joun#s nrs 1+*.60( violative :otion, for rippin a license
attorney, on the spot, with no stay, away from his practice and client#s,
- */CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
with no opposition of any import, %eal, or skill "y wcpd Firay Loan, and
refusin to even consider the leal research ,ouhlin attempted to
su"mit to the court vis a vis whether these retaliatory competency
evaluations are ""lank checks" into a criminal defendants entire
medical9mental health 84&CC protected records. Hop it off, Firay
Loan, !ust after an eDpress direction not to "y ,ouhlin, announces the
name of a medication ,ouhlin takes into the record, in front of 60
mem"ers of teh pu"lic and "ar millin a"out, and Loan#s "oss 7eremy
Fosler later refuses to move to strike or ameliorate in any way Loan#s
error. 5h, also the ',&L, and the R7, co=sins this in some instances,
maintains the position that defendnats don#t have a riht to know "e
apprised of very important filins in their cases "y their court appointe
counse...its, uh...not a duty to communicate with client#s situation or
anythin...at least when its a pu"lic defender, and doan ot an K*; raise
durin one of the worst economic years in our nations history recently.2
On Ma< -0t;5 *(-*5 6#!=e Ell+tt s+=ne! an O$!e$ 1+n!+n= <# ,%petent
1actually it was (9)9122 an! $e%an!e! 2;ateve$ ,ase 2as pen!+n= +n t;e
6#st+,e C#$t @a,B t t;e 6#st+,e C#$t5 an! t;en I $eset t$+al 1$ 6#ne -/t;5
*(-*5 t!a<7s !ate. 1'85CN 85.L 5N H8/R 7UL</
<CRLN/R...a"out that "and then 4 reset trial for 7une 1*th, 2012"
"it...don#t you mean you set trial for 091*912 on the record 1which the
SFN admits ettin, thouh &at 8ill, or Richard ;in, er, 4 mean &at
;in indicates he finds it hard to listen to such stuff and do much readin
or research or anythin of that sort2 Fecuase 8on. 7. <ardner set the
091*912 Hrial on (9*912, and that was a violation of NRs 1+*.60(. the fifth
or siDth he made in that criminal trespass case where he swears he was
a"le to "e a "neutral ar"iter of fact" despite all the conflicts attendnat to
the matters set forth herein.2
On Ma< Dt;5 *(-*5 6#!=e S1e$$aGGa ass+=ne! t;at ,ase +n t;e 6#st+,e C#$t t
t;e Mental Healt; C#$t. On Ma< *Et;5 6#!=e 4$een5 t;e D+st$+,t C#$t
6#!=e5 an! t;e 6#!=e $espns+@le 1$ t;e a!%+n+st$at+n .;+% an! 6#!=e 4laBe5
ne 1 t;e t2 6#!=es5 sent t;e ,ase @a,B t t;e Ren 6#st+,e C#$t. 1at least
7ude SAerra%%a lets cases o when he hands them over to the :,8,
rather then do what the R:, 7udes do, which is "stay" the
proceedins, "ut retain !urisdiction in the R:, rather than transfer it
the the :,8..."ut reardless, iven the 5Rder resolvin the 292+912
5Rder wasn#t sined and entered until (9)912...that (9+912 5rder "y
7ude Sferra%%a was void2
T;en n 6#ne Ft;5 <# 1+le! t;e %t+n 2e7$e talB+n= a@#t n25 +n,l#!+n= t;e
Mt+n t Cnt+n#e.?
- *0CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1the one 8a%lett=Stevens "wasn#t served with", uh huh. ,ity of Reno
Lrop "oD that front desk security at city hall says will work for ,ity
attorney#sE that one, 8a%lett=StevensE literally every second of the 11 cr
2060( criminal trespass trial is drippin with that which really really
needs a ood careful close inspection for misconduct, from the
"su"stance" of the 09(912 :otion, to the violations of the stay,the the
aruin thins not in the record in closin "y 8a%lett=Stevens, the the
"civil eviction stuff is relevant when the prosecution needs to coopt it to
atempt to leverae a criminal trespass warnin from "rendition"
1criminal law concept nrs 1*).0102 of an eviction order 1no matter how
completely different the 5rder1s2 may have wound up "ein once put
throuh 8ill and Faker#s truth factory2 to all "civil eviction law is
compeltely not relevant to this criminal trespass matter...i will decide
what rules apply as to service of the eviction order "y the facts as
developed throuh testimony at trial,...i don#t want to hear you et all far
afield with leal arument a"out the rules applica"le to civil evi tion
orders...." too "ad, "ecause you would miss the rich moments like ,asey
Faker, /s3. havin to admit that, despite his office "ilin the landlord
K00; in attorneys fees, Faker was unaware that NRS 60.600 makes
applica"e the NR,&, not the 7,R,&, to summary evictions in Nevada
1and therefore NR,& ( and NR,& 01e2, where, as there, no personal
service of eviction order2..to 8ill and Fakers sworn testimony, to the
R:c filin 5Afices record keepin, to the failure to stamp in the timely
notice of appeal in cr12=1202, which resulted in a dismissal of the appeal
"y...wait for it...7ude Steven /lliot2
...
COURT& 8ea;5 I !n7t Bn2 eAa,tl< 2;at ;appene!5 M$. C#=;l+n. I
app$e,+ate t;at. I7% $ea!+n= 1$% 6#!=e 4$een7s O$!e$ t;at ?T;e De1en!ant @e
$e%ve! 1$% t;e Mental Healt; P$=$a%5 an! t;at <# @e $et#$ne! t t;e
Ren 6#st+,e C#$t 1$ all 1#t#$e p$,ee!+n=s.?
S5 2;ateve$ ;appene! ve$ t;e$e5 2;+,; I7% nt p$+v< t5 an! 2;+,; I !n7t
t;+nB $eall< +s $elate! $ $elevant t t;+s ,ase5 2e7$e =+n= t nt !ela< t;ese
p$,ee!+n=s @< sen!+n= t;e ,ase ve$ t;e$e.
F+nall<5 t;at leaves t;e +ss#e 1$e,#sal. 8# ;ave5 2;+le nt $a+se! +n t;e
,apt+n 1 t;e plea!+n=5 +t +s +!ent+1+e! +n t;e plea!+n=s <# $a+se!5 n pa=e
t25 2e7ve a!!$esse! t;+s +ss#e @e1$e +n !eta+l.
- )(CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I7ve !en+e! t;at Mt+n t Re,#se. T;e$e7s nt;+n= $a+se! t;at even >+na#!+@le"
p$events %e 1$% ;ea$+n= t;+s ,ase an! @e+n= a 1a+$5 !eta,;e! @se$ve$ t t;e
1a,ts 1la25 s t;at 2+ll @e !en+e!.
MR. COUGHLIN& 8#$ Hn$5 +1W ,#l! N#+,Bl< ente$ an @He,t+n 1$ t;e
$e,$! n t;at. THE COURT& G a;ea!.
Pa .-F
MR. COUGHLIN& An! H#st t p$e1a,e t;at @< sa<+n= eve$<@!< I7ve talBe! t
;as +n!+,ate! <#7$e an #tstan!+n= 6#!=e5 8#$ Hn$5 an! ,%pletel< 1a+$5
s t;at7s !e1+n+tel< =+ven %e a lt 1 ,n1+!en,e +n t;e C#$t +n t;at $e=a$!.
4#t I ! @el+eve t;e$e %+=;t @e .I !n7t Bn2 +1 +t7s a H#!+,+al >+na#!+@le"
1canon, :s. .ononi, canon....that would "e another instance of an
appea"le issue, like in cr12=101* "ein chalked up to, "y the R:,#s
.ononi as "inaudi"le"2 $ s%et;+n= t;at sa<s 2;e$e a 6#!=e ;as l+t+=ants
@e1$e ;+% 2; ;ave a ,ase +nvlv+n= a 1a%+l< %e%@e$ 1 t;e 6#!=e5 +n s%e
t;e$ sp;e$e. I !n7t Bn2 +1 t;at7s a %an!at$< $e,#sal5 @#t I !+! 1+le a
%an!at$< ;a@eas a,t+n a=a+nst <#$ s+ste$5 t;e Hn$a@le 6#!=e L+n!a
Ga$!ne$5 +n Fa%+l< C#$t +n *((0. I 2as 1+$e! 1$% %< H@ as a !%est+,
v+len,e att$ne< 1$% Was;e Le=al Se$v+,es5 an! I 2as tl! I 2as 1+$e!
@e,a#se 1 ;e$ .@e,a#se 1 t;e ,n!#,t @< %e t;at $es#lte! +n ;e$ $!e$ nl<.
It7s t;e nl< $easn I 2as 1+$e!5 a,,$!+n= t Was;e Le=al Se$v+,es.
I !+! 1+le a Man!a%#s Pet+t+n. It 2as p$ett< %#,; a t;$ee H#!=e panel5 an!
t;e S#p$e%e C#$t 1elt +t 2asn7t 2$t;< 15 I =#ess5 %$e $ev+e2 $ $eN#+$+n=
a $espnse.
An! t;en n2 t;e$e +s a =$+evan,e 2+t; t;e State 4a$. I ,all +t .nt t @e 1l+p5
@#t I ,all +t B+n! 1 t;e +%%late ,n,ept+n =$+evan,e @e,a#se n@!< ,an
tell %e 2; 1+le! +t5 $ ;2 +t @e,a%e a =$+evan,e.
4#t t;at $!e$ 1$% *((0 san,t+ne! %e $eN#+$+n= %e t pa< PX5((( att$ne<7s
1ees5 NRS >+na#!+@le" .(/F. In t;e ,nteAt 1 %< @e+n= a !%est+, v+len,e
le=al a+! att$ne< a!v,at+n= n @e;al1 1 %< ,l+ent5 a @atte$e! 2%an5 t$<+n=
t =et ;e$ al+%n< +n,+!ent t a *(.<ea$ %a$$+a=e 2+t; t2 B+!s5 2;e$e+n I
2as $!e$e! t pa< PX5((( #t 1 %< p,Bet5 t;at7s n2 a =$+evan,e.
Pa=e .-'.
4 t#s upon infonnation and "elief it "ecame a rievance with the
State Far "ecause your sister, 7ude .inda <ardner, ave the order to
you, whereupon 4 "elieve you indicated you ave it to 7ude Nash
- )-CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8olmes, whereupon 7ude Nash 8olmes ave it to "ar counsel, alon
with a num"er of other materials that 4 have not "een privy to, either in
my attempts to secure them from the filin office here at the :uni ,ourt,
or from "ar counsel, :r. &atrick ;inney 1kin2.
I7ve %a!e n#%e$#s atte%pts t =et t;ese $e,$!+n=s an! t;ese !+11e$ent
%ate$+als. S5 H#st t ente$ t;at 1$ t;e $e,$!5 8#$ Hn$.
THE COURT& Al$+=;t5 t;anB <#5 M$. C#=;l+n. An! let %e H#st tell <# t;+s.
T;at ,ase =es @a,B t t;e Fa%+l< C#$t5 I ;ave n $eal Bn2le!=e5 eA,ept I
;ave $ea! t;e O$!e$. It7s #n$elate! an! +$$elevant t t;+s ,ase. I ;ave nt $eall<
!+s,#sse! t;e %e$+ts 1 t;+s ,ase 2+t; %< s+ste$ 2; +s a 6#!=e +n t;e Fa%+l<
C#$t.
T;e$e 2#l! @e n $easn t !+s,#ss t;at ,ase5 an! even +1 t;at 2#l! ;ave
;appene!5 2e ;ave nt .t;e$e7s $eall< n neA#s @et2een ;e$ @e+n= a 6#!=e an!
;av+n= ;ea$! a ,ase 2;e$e <#7$e an att$ne< n5 an! %< @e+n= a 6#!=e s%e
t;$ee <ea$s late$ n a ,ase 2;e$e <# a$e a De1en!ant +n.
S5 t;e Mt+n t Re,#se +s !en+e!. An! I t;+nB t;at +!ent+1+es t;e +ss#es
$a+se! +n <#$ Mt+n 1+le! 6#ne Ft;5 *(-*. It lBs l+Be n2 2e7$e $ea!< t =
t t$+al5 +s t;at ,$$e,t5 ,#nselO
MR. HAZLETT .STEVENS& T;e C+t< +s $ea!<5 8#$ Hn$. THE COURT&
Al$+=;t5 let7s = a;ea! an! ,all <#$ 1+$st 2+tness5 M$. HaGlett.Stevens.
Pa=e .-D
.
MR. HAZLETT.STEVENS& T;e C+t< ,alls R+,;a$! H+ll t t;e
stan!.
MR. COUGHLIN& An!5 8#$ Hn$5 I !n7t Bn2 +1 I7% s#ppse! t +ntelHe,t
t;+s n25 $ nt5 @#t I @el+eve I !+! s#@pena s%e 2+tnesses 2; appea$
>+na#!+@le" 1uh, &am .ononi, thats another "inaudi"le" on another
appeala"le issue, that "ein the failure to rant a su"poena where, if that
is the case here, Sarnet :arcia .ope% and 5fficer ,hris ,arter were
su"poened 1apparently they were "y the city attorney, and ,ouhlin
asserted he thouh he did su"poena them, "ut indicated some am"iuity
or uncertainty in that reard..."ut "inaudi"le" doesn#t 3uite preserve the
appeala"le issue2.
- )*CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
THE COURT& R+=;t5 an! 2e7ll a!!$ess t;at at t;e app$p$+ate t+%e.
Ult+%atel<5 M$. C#=;l+n +s a la2<e$. 4 1not accordin the the SFN and
this ,ourt#s 09+912 5Rder that 7ude <ardner admits to havein "een
apprised of...,ouhlin couldn#t issue sup"oenas like an attorney, post
09+912, could heE2 8# Bn2 2e taBe t;ese .M$. H+ll5 =! %$n+n=.
MR. HILL& G! %$n+n=5 s+$.
THE COURT& We taBe t;ese %atte$s step @< step @< step. T;e$e7s n t;e$
2a< t ! +t5 s 2e7ll a!!$ess all le=al +ss#es as t;e< s;2 #p +n t;e !#e
,#$se5 an! p#$s#ant t p$t,l at t$+al.
S5 let7s s2ea$ +n M$. H+ll. >W+tness !#l< s2$n". THE COURT& Have a seat5
M$. H+ll. M$. HaGlett.Stevens5 = a;ea!. MR. HAZLETT.STEVENS& T;anB
<#5 8#$ Hn$.
RICHARD HILL
,alle! as a 2+tness5 ;av+n= @een !#l< s2$n5
test+1+e! as 1ll2s&
DIRECT E:AMINA nON 48 MR. HAZLETT.STEVENS& 9 G!
%$n+n=5 ,an <# please state <#$ na%e5 an! spell <#$ last 1$ t;e $e,$!O
Pa=e .-/
Pa=e .-0.
THE COURT& 8# Bn25 M$. HaGlett.Stevens5 an! M$. .let
%e %aBe ne last ,%%ent 1$ t;e $e,$!.
MR. HAZLETT.STEVENS& Please.
THE COURT& I Bn2 t;at M$. C#=;l+n +s an att$ne<. Nnet;eless5 ;e7s
$ep$esent+n= ;+%sel1.
M$. C#=;l+n5 let %e tell <# 2;at I Bn2 a@#t t;+s ,ase t !ate. I a%
lB+n= at a C$+%+nal C%pla+nt t;at alle=es t;at n Nve%@e$ -)t;5 *(--5 +n
t;e C+t< 1Ren5 at -*- R+ve$ R,B St$eet5 t;e De1en!ant 2as 1#n! n t;e
p$pe$t< a1te$ @e+n= ev+,te! n Nve%@e$ -st5 *(--.
T;e nl< t;e$ +n1$%at+n I Bn2 a@#t t;e ,ase +s t;at t;e 2;ateve$ 2as
$a+se! +n t;e plea!+n=s 1+le!5 @t; @< <# an! M$. HaGlett.Stevens.1may"e
- ))CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.oomis and &uentes didn#t file anythinE 5h, wait, did they attach all of
,ouhlin#s emails to them detail the Richard 84ll 7ude Nash 85lmes
neDusE ReallyE2
S5 2+t; t;at +n %+n!5 = a;ea!5 M$. HaGlett.Stevens. MR. HAZLETT.
STEVENS& T;anB <#. 48 MR. HAZLETT.STEVENS& 9 T;anB <#. Can
<# please state <#$ na%e5 an! spell <#$ last 1$ t;e $e,$!O
A R+,;a$! H+ll5 H.I.L.L.
9 G!5 M$. H+ll5 I7% =+n= t asB <# MR.
COUGHLIN& I7% s$$<5 I !n7t %ean t +nte$$#pt <#5 M$. HaGlett.Stevens. I1W
,#l! H#st N#+,Bl< +nte$He,t5 8#$ Hn$5 =+ven 2;at <# H#st sa+!5 t an<
eAtent5 I7% $eN#+$e! t @$a,; t;e tp+, 1 an< !+s,#ss+ns <#7ve ;a! 2+t;
6#!=e Nas; Hl%es 2+t; $espe,t t t;ese
%atte$s $ .
.
THE COURT& I ,an tell <# t;at 6#!=e Nas; Hl%es an! I ;ave
nt !+s,#sse! t;+s ,ase 2+t; an<@!<5 2e ;ave nt. T;e$e ;as @een n
!+s,#ss+ns @et2een %e an! t;e 6#!=e a@#t <#$ ,ase5 t;e t$espass+n=5 set 1$
t!a<.
MR. COUGHLIN& O$ an< t;e$ %atte$s $elate! t R+,;a$! H+llO
THE COURT& O$ an< t;e$ %atte$s. We7ve neve$ !+s,#sse! an< %atte$s
$elate! t R+,;a$! H+ll at all.
MR. COUGHLIN& OBa<5 an! 2;en <# sa+! <# an! <#$ s+ste$ ;a! neve$
!+s,#sse! an<t;+n= a@#t %eO
THE COURT& Nt $elate! t t;+s ,ase.
MR. COUGHLIN& I @el+eve ea$l+e$ <# H#st sa+! <# neve$ !+s,#sse!
an<t;+n= a@#t %e at all. MR. HAZLETT.STEVENS& 6#!=e5 <#7ve al$ea!<
$#le! n t;+s. I7% =+n= t asB t;at <# THE
COURT& We ;ave $#le!. Let %e tell <# .let %e tell <# 2;at I7ve !+s,#sse!.
We ;ave !+s,#sse! .I ;ave nt !+s,#sse! 2+t; 6#!=e Nas; Hl%es an! I a%
a!v+se! t;at @ase! n s%e steps s;e7s taBen5 t;e$e7s @een a %atte$ $e1e$$e! t
- )ECEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
t;e State 4a$ 2;+,; +s #n!e$5 +1 nt .I7% a2a$e t;at <# ;ave @een s#spen!e!
@< t;e State 4a$5 an! t;at t;at7s s#@He,t t 1#$t;e$ $ev+e2.
T t;e eAtent t;at 6#!=e Hl%es ;as ;a! a ,ase +n ;e$ !epa$t%ent5 as ;as
6#!=e H2a$!5 an! ;as %<sel15 2e ;ave ;a! !+s,#ss+ns5 =ene$al !+s,#ss+ns
$elate! t t;e State 4a$ %atte$. 17ude '. <ardner is referrin to the three
rievances formin the scr 10( ,omplaint set for a disciplinary hearin
on 11916 12, consistin of one rievance "y 8ill, one "y !Ude Nash
85lmes stemmin from a traffic citation trial where the citation was
issued "y the rpd outside 8ill#s office after they told ,ouhlin to leave
1which he did, "ut the R&L wasn#t satisfied so they pulled him over while
he was leavin2 in 11 tr 20*00, where, on the record, 7ude Nash 85lmes
threatened ,ouhlin with "4A you say Richard 84ll#s name one more
time 4 am oin to put you in !ail for contempt, do you understand meN",
and where 8olmes eventually did find ,oulin uilty of "summary
criminal contempt" denied a stay to a practicin attorney askin for a
chance to make alternate arranments for his clients, and had ,ouhlin
cuffed, searched, and taken the the ',L,, not that ently either...only
to have the R:, :arshal return well after an period wherein the
"incident to" part of a "search incident to arrest" could "e said to "e
possi"le, to retrieve a licensed attorney#s smart phone, micro sd card, and
other items...with all the date wiped or destroyed therein prior to "ein
returned to then licensed attorney ,ouhlin some -+ days later...with a
chain of custody in "etween deservin a whole lotta second looks 1:ary
;andarasE anythinE Leputy 8odeE :arshals ,oppa or LeihtonE
Leputy ,heunE 8ow a"out you ',S5#s Le"i ,ummins, Frandi
Ferriman, Leputy Featson, Leputy ?an der 'all, or &atricia FeckmanE
CnythinE Leputy 4verE NoEs2
As $elate! t %< ,nve$sat+ns 2+t; e+t;e$ %< s+ste$5 2;+,; ;ave @een ve$<
l+%+te! $elate! t <#5 an! ,e$ta+nl< nne $elate! t <#$
Pa=e *(
,ase5 eA,ept <# ;a! a ,ase ve$ ;e$e5 I7ve ;a! n !+s,#ss+ns 2+t; 6#!=e
H2a$!5 6#!=e Hl%es5 M$. H+ll5 M$. HaGlett.Stevens51well, actually the
8on. '. <ardner did, on the record in the first attempt at a Hrial in that
trespass case on 6910912 admit the he, ,ity of Reno &rosecutor 8a%lett=
Stevens, eS3. ,ouhlin# court appointed counsel ;eith .oomis, /s3. did
et toether in a "ack room that mornin and hash some stuff out...."ut
!ude <ardner would later indicate all this stuff was very "planned out"
and done "very carefully" and whatnot2 $ %< s+ste$ $e=a$!+n= t;+s
- )FCEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
t$espass+n= ,ase. An! t;at7s @< !es+=n t;at 2as ,a$e1#ll< t;#=;t #t s t;e$e7s
@een n !+s,#ss+ns.
MR. COUGHLIN& An! 2+t; t;e State 4a$5 I Bn2 ea$l+e$ THE
COURT& I ;ave ;a! n ,nve$sat+ns 2+t; t;e State 4a$.
MR. COUGHLIN& OBa<5 at #$ last ;ea$+n= t;#=; <# %a!e a state%ent5 I
@el+eve5 t;e !+s,+pl+na$< $ t;e 4a$ 2+ll @e %eet+n= neAt 2eeB t %aBe a.
THE COURT& I 2as a!v+se! @< 6#!=e Hl%es t;at t;e p$,ess +nvlv+n= <#
an! t;e State 4a$ 2as +n t;e p$,ess 2;e$e t;e< 2e$e =+n= t %aBe a
!e,+s+n5 2;+,; #lt+%atel< appa$entl< t;e< !+!. T;se 2e$e t;e s#@stan,es 1
t;se ,nve$sat+ns5 @#t nne 2e$e $elate! t t;+s ,ase5 an! I ,an tell <# t;at
nne ;ave ;a! an< ,nve$sat+ns $e=a$!+n= t;e 2+tnesses +n t;+s ,ase t;at
;ave neve$ ,%e #p @et2een an< 1 t;e ,#nsel. I7% nt s#$e t;e< even Bn2
2; t;e 2+tnesses 2e$e N#+te 1$anBl<.
MR. COUGHLIN& OBa<.
THE COURT& OBa<5 t;anB <#.
MR. COUGHLIN& T;anB <#5 8#$ Hn$.
THE COURT& OBa<5 let7s = a;ea! an! p$,ee!. 48 MR. HAZLETT.
STEVENS&
9 T;anB <#. M$. H+ll5 I7% =+n= t asB <# t %aBe s#$e <# speaB #p an!
nt t$a+l 11 <#$ ans2e$s at t;e en!. T;+s +s @e+n= $e,$!e!5 s 1$ appellate
p#$pses5 $ an< t;e$ p#$pse5 I7! l+Be t =et a =! $e,$!+n= 1 t;+s.
Pa=e .*-M$.
H+ll5 2;at7s <#$ ,,#pat+n $ p$1ess+nO
A
I a% an att$ne< p$a,t+,+n= +n Ren5 Neva!a.?
An! s n an! s 1.. R+,;a$! G. H+ll an! Case< 4aBe$ seeB+n= t ,;a$=e t;e
sa%e $ent as t;e< !+! 1$ ?1#ll #se an! ,,#pan<? as $elevant t a ,la+% 1
$+=;t !e1ense t t;e ,$+%+nal t$espass ,;a$=eO Nt $elevant a,,$!+n= t 6#!=e
Ga$!ne$. RPD %+s,n!#,t an! H+ll an! Me$l+ss7s l+es ,nt$+@#t+n= t 1alse
a$$est an! H+ll7s pe$H#$e! s2$n test+%n< !eta+le! eAtens+vel< +n '-0(-5 as +s
Case< 4aBe$5 EsN.7s p$1ess+nal %+s,n!#,t +n !+n= +n v+lat+n 1 NRCP
- )'CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-- t;at 2;+,; H+ll ,;+,Bene! #t !+n= +n ;+s De,la$at+ns 1 --C*-C-- an!
-C*(C-*5 #nt+l t;e ne,ess+t< an! eA+=en,< 1 ;+s %+s!ee!s an! p$1ess+nal
ne=l+=en,e >?2$n= s+te s#$=e$? eN#als #s+n= s#%%a$< ev+,t+n p$,ee!+n=
2;e$e nl< N Ca#se @as+s ple! $ nt+,e!5 a=a+ns ,%%e$,+al tenant5 +n
eAp$ess v+lat+n 1 NRs E.(*F) an! even t;+s C#$t7s s+%pl+1+e! +nst$#,t+ns
+n t;e ?Lan!l$! Tenant Han!@B? >$eall< ,;+,e ;2 t;e +nst$#,t+ns t t;e
1$%s n l,B#ts see% t a!pt WLS7s Sasse$5 ASse%@l<%an H$ne an!
F$+e$sn an! Se=e$@l%7s 2+s;es as t t;e ?2+t;+n *E ;#$s? lan=#a=ne @e+n=
+nte$p$ete! t @e n sne$ t;an ?2+t;+n *E ;#$s? 2;+,;5 <# ,an @e s#$e5
a+nt ;2 s#%%a$< ev+,t+n $!e$ l,B#ts a$e @e+n= ,a$$+e! #t. AsB NV4
6#!=e 4eesle< a@#t C#=;l+n7s #lt$a s;eeB t s;+$t an! t+e ,%@+nat+n #n!e$
t;e l! @lase! at *&((P% n )C*FC-* +n Ca!le C%pan< v 3elle$ >P-.' %+ll+n
!lla$ !e@t a!ve$sa$< p$,ee!+n=" 2;e$e C#=;l+n %ana=e t appea$ >1+n!+n=
a !$ess s;+$t 2as a p$@le% =+ven C#=;l+n #se! t;e s,ant F %+n#tes WCSO
!ep#t+es !#$@+na an! ,ann+GGa$ a,,$!e! ;+% at -&)( p% +s; n )C-FC-* t
=$a@ ;+s ,%p#te$s5 ,l+ent7s 1+les5 %e!+,at+ns5 ,nta,ts5 =lasses an! 2;atnt
a1te$ t;e< @$Be +n at =#np+nt an! ev+,te! C#=;l+n5 as t;e< ! t all ,+t+Gens
1 Was;e C#nt< s#@He,t t a s#%%a$< ev+,t+n $!e$. GA<le 3e$n5 EsN.O
pa=+n= Ga<le 3e$n...$H, $ev*(-*.((()DE" 4#t t;e =$eat t;+n= +s t;at Case<
4aBe$ test+1+e! n 'C-/C-* t;at&
A T;at7s ,$$e,t. 9 S5 t;e F+n!+n=s 1 Fa,ts5 Cn,l#s+ns 1 La2 an!
O$!e$ 1 Ev+,t+n 1#n! +n <#$ 1av$5 M$. Me$l+ss7s 1av$5 $at;e$5 an! t;e
!ate 1 ev+,t+n 2as as 1 O,t@e$ )-? at F&(( p.%.5 ,$$e,tO A T;at7s ,$$e,t.
T;at7s 2;at 2e ann#n,e! +n C#$t an! p#t n t;at F+n!+n=s 1 Fa,t. 9 An!
t;at O$!e$ sa+! t;at an<ne t;e$e a1te$ t;at !ate ,#l! @e $e%ve!5 +s t;at
,$$e,tO
A
T;at 2as t;e ,%%an! =+ven t t;e S;e$+11.
9
?S;all @e $e%ve!.?
A
8es.
Pa=e .''Pa=e
- )DCEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.'D.
9 D+! <# se$ve t;at !,#%ent n M$. C#=;l+n +n an< 1as;+nO A Nt+,e 1
Ent$< 1 O$!e$ $ an<t;+n= l+Be t;atO O$ 2as t;at se$ve! @< t;e C#$t n ;+%O
A T;e 2a< +t 2$Bs +s t;e C#$t .a1te$ t;e C#$t ente$s t;e O$!e$5 t;e C#$t
1$2a$!s +t t t;e S;e$+11. 9 OBa<.
A An! t;e S;e$+11 =es #t an! en1$,es t;e $!e$.
9 OBa<5 n2 I7% =+n= t !$a2 <#$ attent+n t t;e !ate 1 Nve%@e$ -)t;5
*(- -.
THE COURT& W;at 2as t;at !ate a=a+nO
MR. HAZLETT.STEVENS& Nve%@e$ -)5 *(--5 8#$ Hn$.
THE COURT& OBa<5 =+ve %e H#st a se,n!5 ,#nsel.
MR. HAZLETT.STEVENS& Ce$ta+nl<5 6#!=e.
THE COURT& I7% %aB+n= s%e ntes ;e$e $e=a$!+n= s%e !ates.
MR. HAZLETT.STEVENS& An! I7% =+n= t 2+t;!$a2 t;at N#est+n5 8#$
Hn$5 s +1 <# !n7t 2ant t Ht t;at nte !2n5 <# !n7t ;ave t at t;+s
p+nt.
THE COURT& OBa<5 I7% lB+n= at s%et;+n= else5 Ba<. G a;ea!. T;anB
<#5 ,#nsel. 48 MR. HAZLETT.STEVENS&
9 I7% =+n= t !$a2 <#$ attent+n t t;e !ate 1 Nve%@e$ - st5 *(--. D
<# $e,all 2;at <# 2e$e !+n= t;at !a<O
A 8es5 I 2as a,t#all< 11 1 2$B t;at !a<. I 2as at ;%e.
.'/.
9 OBa<. A 4#t I 2as @as+,all< n stan!.@< @e,a#se I Bne2 t;at t;e ev+,t+n
2as =+n= t ;appen. 9 OBa<5 an! !+! <# a,t#all< event#all< $espn! $
;ave t ,%e t t;e a$ea 1 -*- R+ve$ R,BO
A 8es.
9 W;<O
- )/CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A T;e 2a< +t 2$Bs5 a=a+n5 I7% s$$< t Beep !+n= t;+s.
9 Please5 please5 please5 <# a$e e!#,at+n= #s all.
A 8# ;ave t 2a+t 1$ t;e S;e$+11 t ,nta,t <#.
9 OBa<.
A T;e S;e$+11s Dep#t+es a$e sent #t 2+t; seve$al 1 t;ese
t;+n=s n t;e !a<s t;at t;e< ! t;e%5 ;2eve$5 t;e< ! t;e% eve$< !a<. 8#
,an t$< t s;t 1$ a spe,+1+, t+%e5 @#t <# a$e at t;e %e$,< 1 t;e S;e$+11s
Dep#t<7s s,;e!#le. S%e l,B#ts taBe ln=e$ t;an t;e$s. T;e< t$< t =+ve
<# lea! t+%e.
I ;a! spBen 2+t; t;e S;e$+11s Dep#t< al$ea!<5 I @el+eve5 n F$+!a< t;e */t;Y
9 OBa<. A I @el+eve. It 2as e+t;e$ t;at5 $ I ,nta,te! ;+% n ;+s ,ell p;ne.
4#t I ,a%e @a,B +n >+na#!+@le" ! t;e l,B#ts.
THE COURT& I7% s$$<O
THE WITNESS& I ,a%e @a,B +n s 2e ,#l! ! t;e l,B#t5 t %eet t;e
S;e$+11s Dep#t+es at t;e p$pe$t< a1te$ t;e S;e$+11 ,alls. 9 OBa<5 an! s <#
a,t#all< !+! = t -*- R+ve$ R,BO
Pa=e
A 8es.
9 An! 2e$e t;e$e S;e$+11s Dep#t+es t;e$eO
A I =t t;e$e 1+$st.
9 OBa<.
A Aln= 2+t; a %e%@e$ 1 #$ sta11.
9 OBa<.
A An! t;en t2 S;e$+117s Dep#t+es a$$+ve!.
9 OBa<.
A An! t;en 2e ;a! t 2a+t 1$ t;e l,Bs%+t;.
- )0CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9 OBa<5 2;en t;e S;e$+117s Dep#t+es a$$+ve!5 !+! t;e<
;ave an< !,#%ents +n t;e+$ ;an!O A I @el+eve t;e< ;a! .<es5 t;e< ;a! t;e+$
,p+es 1 t;e F+n!+n=s 1 Fa,t5 an! O$!e$ 1$ S#%%a$< Ev+,t+n. 9 OBa<5 an!
! <# $e,all 2;at t;e !ep#t+es5 $ ne $ @t; 1 t;se !ep#t+es !+! 2+t; t;e
F+n!+n=s 1 Fa,ts an! O$!e$ 1 Ev+,t+nO
A 8es?&
N25 ,%@+ne t;at test+%n< 2+t; t;e 1a,t t;at t;e WCSO L+G ST#,;ell5 RA< S+lve5 Dep#t<
Ma,;en5 Ma#$een5 et,.5 et,. =et $eal #n,%1$ta@le 2;en +t ,%es t !+s,#ss+n= H#st 2;en t;e<
?$e,e+ve!? e+t;e$ t;e -(C*FC-- Ev+,t+n O$!e$ an! De,+s+n 1 t;e -(C*DC-- F+n!+n=s 1 Fa,t5
Cn,l#s+ns 1 La2....,%@+ne! t;e t;e R6C7s va$+#s state%ents $espe,t+n= H#st ;2 an! 2;en t;e
WCSO =ets t;se ev+,t+n $!e$s5 an! t;e #s#al ,#st% an! p$a,t+,es...,%@+ne! 2+t; t;e WCSO7s
state%ents a@#t t;e %a+ntenan,e 1 t;e 1aAes5 t;e 1aA ;ea!e$s5 t;e s+n=#la$ ,p+es 1 t;se 1aAes
@e+n= 1+le! @a,B 2+t; t;e ,#$t t$ans%+tt+n= t;e% aln= 2+t; t;e Dep#t+es AF1+!av+t 1 Se$v+,e >l+Be
t; --CDC-- ne 2;e$e Dep#t< Ma,;en s2$e ;e ?pe$snall< se$ve!? C#=;l+n5 !esp+te ;+s s#pe$v+s$
L+G St#,;ell ;av+n= t late$ a!%+t +n 2$+t+n= t;at t Ma,;en ?pe$snall< se$ve!? %eans ?tape! +t t
t;e !$ 2;en n ne 2as ;%e?...an! <# Bn2 2;en HIll test+1+e! n 'C-/C-* a@#t ?t;e< tape! +t
t t !$ @e,a#se <# $an a2a<? t;at5 =+ven 4aBe$7s test+%n< t;at HIll 2as nt p$esent n t;at
!ate5 --C-C--5 an! 4aBe$7s 1a+l#$e t %aBe an< s#,; alle=at+n...t;at H+ll 2as H#st !+n= %$e 1 t;e
sa%e t+$e! +nn#en! an! @aseless a,,#sat+n5 ,nven+entl< %a!e t !+s=#+se <et ant;e$ s+t#at+n
2;e$e ;+s $e,Bless p#$s#+t 1 1ee =ene$at+n ,las;es 2+t; t;e $#les 1 p$1ess+nal ,n!#,t atten!ant
t ;+s p$+v+le=e t p$a,t+,e la2.
- E(CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A =$eat 6#!=e S1e$$aGGa %%ent at t;e -*C*(C-- Hea$+n= n t;e MOt+n t Cntest Pe$snal
P$pe$t< L+en...2ell a ,#ple >ne5 t C#=;l+n& <# ;ave 1+le! a Nt+,e 1 Appeal5 I a% !+veste! 1
H#$s+!+,t+n5 s <# ,an = an ,n1#se t;e D+st$+,t C#$t 2+t; t;se a$=#%ents 1 <#$s n2...?"5 @#t
t;e @est ne5 +n $espnse t 4aBe$ %aB+n= essent+all< t;e ?,;e$$< p+,B? a$=#%ent H+ll %aBes +n ;+s
e%a+l @el2&
?F$%& R+,;a$! H+ll >$;+llS$+,;a$!;+lla2.,%"
Sent& S#n --C*(C-- -*&E* PM
T& Ga,;,#=;l+nS;t%a+l.,%
M$. C#=;l+n . <# ,nt+n#e t l+e.
8# Z I ;ave spBen seve$al t+%es.
8# ,all Z $ant at %< se,$eta$< Z t;en ;an= #p @e1$e I ,an =et n t;e l+ne.
Please = @a,B an! $e.$ea! %< e%a+ls t <#.
8# 2+ll nt @e all2e! t cherry=pick t;e p$pe$t< Z leave #s 2+t; seve$al
t;#san! !lla$s 2$t; 1 ,lean.#p.
Ma< I s#==est t;at a =! sta$t+n= p+nt 2#l! @e 1$ <# t a$$an=e a
!#%pste$ an! t;$2 all t;e ,$ap +n t;e @a,B<a$! +nt +tOO
?
6#!=e S1e$$aGGa >a@#t an< ant+,+pate! ,;e$$< p+,B+n= @< C#=;l+n"& Well5 I t;+nB t;at7s 2;at t;e
la2 +s5 t;#=;5 s ;e ,an.?
W;at 6#!=e S1e$$aGGa s ast#tel< p+nts #t t;e$e +s t;e 1a,t t;at5 ne5 H+ll5 4aBe$ an! Me$l+ss
,an nl< =et t;at 2;+,; t;e le=+slat#$e set #t +n --/A.E'(...an! t;e< nee! t ,ease t;e+$ #nla21#l
$ent !+st$a+nts a@l+s;e! @< N$s --/A.F*( $ t;e$2+se t$<+n= t ,$a% +nt n$s --/A.E'(5
%alevlentl<5 2+t; #tte$ @aselessness5 1$a#!#lentl<5 all t;e t;+n=s t;e< 2ant t =et #t t;e s+t#at+n
@#t 2;+,; t;e lanl$! !+! nt ;ave t;e 1$es+=;t $ @a$=a+n+n= p2e$ t !e%an! @e a pa$t 1 t;e
Rental A=$ee%ent 2a< @a,B 2;en.
- E-CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
F#t;e$ p$@le%at+, +s t;e 1a,t t;at WAs;e Le=al SE$v+,es e%pl<ee Le2 Ta+tel >2ell5 RMC
1ell2 !e1en!e$ 3e+t; L%+s5 EsN. +n!+,ate! Ta+tel n2 2$Bs 1$ WLS +n,+!ent t t;e ECR
,nt$a,t WLS ;as 2+t; t;e WCDA7s 11+,e5 2;+,; a$=#a@l< ,n1l+,ts t;e WCDA #t 1 p$se,#t+n=
+n a $etal+at$< %anne$ v+a DDA Za,; 8#n= 1 C#=;l+n +n t;$ee sepa$ate ,$+%+nal %atte$s
,#$$entl<5 all t;$ee 1 2;+,; a$e $a%pant 2+t; pl+,e an! p$se,#t$+al %+s,n!#,t >+n R6C
$,$*(-**.('))E-5 $,$*(-*.('F')(5 an! $,$*(-*.('D0/(5 an! all t;$ee a$$ests an! t;e 11+,+la
%+s,n!#,t t;e$e+n +s ,apt#$e +n a#!+ an! v+!e $e,$!+n=s...n %atte$5 DDA Za,; 8#n= p$esses
n ;ea!ln= +nt ;+s assa#lt n l+@e$t<5 an! appa$entl<5 8#n= +s $eall< a@le t ! s%e $eal @$Ben
1+el! $#nn+n= +n t;e ,#$$ent at%sp;e$e". He$e7s t;e t;+n=5 t;#=;& Ta+tel +s @#s+ness pa$tne$s
2+t;Neva!a C#$t Se$v+,es5 2;+,; =t C#=;l+n a$$este! t2+,e @et2een 'C*/C-* an! DC)C-* >an!
6#!=e L. Ga$!ne$7s 4$t;e$ 6#!=e W. Ga$!ne$5 +n ,nH#n,t+n 2+t; RPD O11+,e$ Alan Weave$ an!
SA$=ent 4$+an D<e an! Ren C+t< Att$ne< 6+ll D$aBe" %ana=e t =et C#=;l+n7s @a+l %a=n+1+e! a
$+!+,#l#s 1a,t$ 1 -( 1$ a ,%pletel< 1$a#!#lent an! la,B+n= even a p$+%a 1a,+eCp$@a@le ,a#se
@as+s 1$ ?!+st$#@+n= t;e pea,e? t 2;+,; t;e $p! =l%%e! n a ?1a+l#$e t se,#$e a la! n ne7s
ve;+,le? an! a ?n p$1 1 +ns#$an,e? >RPD Alan Weave$ sa<s t;e stat#te 2+ll nt all2 $ a F +n,;
;+=; !e1+n+t+n p!1 1 ne7s ,#$$ent p$1 1 +ns#$an,e n a s%a$t p;ne t sat+s1< t;e p$1
$eN#+$e%ent...an! D<e an! Weave$5 t 2;+,; 6#!=e W. Ga$!ne$ a=$ee!5 t;#=; t;e$e eA+sts n ?1$
<#$ 2n ;ealt; an! sa1et<? @as+s 1$ +n,$eas+n= @a+l as ;e !+!5 %a=n+1+e! C#=;l+7s @a+l 1$% a
@n!a@le P-E-F t a ?st$a+=;t ,as; ;%e<? Pt;$ee sta,Bs >P)5((("5 Beep+n= C#=;l+n Ha+l 1$% 6#l<
) t 6#l< *-st5 *(-* >2;e$e#pn C#=;l+n7s l! ;+=; s,;l p2e$ 1$2a$! 6a$e! S2ansn5 2ne$
1 Weste$n A$t Z A$,;+te,t#$e an! 4+= SB< 6#$nal pl#nBe! !2n t;e l#,$e t sp$+n= C#=l+n 1$%
t;e ;se=2...a1te$ 2eeBs 1 C#=;l+n t$<+n= t =et t;$#=; t s%ene5 an<ne5 v+a t;e
- E*CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
+ns,$#ta@le an! #n1a+$ WCDC ,lle,t ,all+n= p;ne s<ste%. t;e WCDC !en+e! C#=;l+n
$epea!te!l< an< pape$ t 1+le an< ,#$t 1+l+n=s an! t;e$2+se +%pe$%+ss+@l< !en+e! ;+% a,,ess t t;e
,#$ts an! ;+s %e!+,at+n. In t;+s env+$n%ent5 C#=;l+n asBs 1$ a l+ttle %$e t+%e n t;e Open+n=
4$+e1 an! Repl<5 an! 2+ll t;$#=;l< ,+te t t;e ROA an! p$v+!e eAt$e%el< =! le=al $esea$,; n
t;e Be< +ss#es5 2;+,; 2+ll p$v+!e a%ple pp$t#n+t< 1$ t;+s C#$t t ,la$+1< p+nts 1 la2 +n
Neva!a t;at t;+s State nee!s =#+!an,e 1$% t;+s C#$t n.
Cn,l#s+ns
C#=;l+n asBs t;+s ,#$t 1$ a @+t %$e t+%e t 1+le an Open+n= 4$+e1 t;at app$p$+atel< ,+tes
t t;e ROA >an ROA n2 eA+sts5 an! C#=;ln ;as 1+nall<5 H#st t!a< @een =+ven a,,ess t t;e
1+nal p$t+n 1 +t @< t;e ele,t$n+, s<ste%" an! a Repl< 4$+e1 >n @He,t+n t a S#$$epl< @<
Ga$+n $ WLS". C#=;l+n ;as !ne ;#$s an! ;#$s 1 $esa$,; n t;e nvel +ss#es 1 la2
+nvlve! ;e$e >p$,ess5 se$v+,e5 s#11+,+en,< 1 e+t;e$5 +1p stat#s5 ee, !ea!l+nes5 !+s%+ssal
2+t;#t p$eH#!+,e %eets ee, 0( !a< $+=;t t s#e !ea!l+ne %eas#$e 1$%O le=+@+l+t< +ss#es5
te,;nl=< +ss#es5 2;at +s a ,p<O an! $el+an,e #pn 1$%7s ,#$t7s ;l! #t >+e5 *n! 6#!+,+al
;l!s #t t;e p$1 1 se$v+,e 1 s#%%ns an! ,%pla+nt 1$% C#=;l+n #se! as s#11+,+ent
an! t;at 1$% ,alls 1$ a De,la$at+n OR an! A11+!av+t. et,.5 et,. H#st a @+t %$e t+%e nee!e!.
Date! t;+s Nve%@e$ /t;5 *(-*5
CsC Za,; C#=;l+n5 s+=ne! ele,t$n+,all<
Za,; C#=;l+n5 EsN.
Appellant
- E)CEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
&roof of ServiceI
On t;+s !ate5 I5 Za,; C#=;l+n ele,t$n+,all< se$ve! a t$#e an! ,$$e,t ,p< 1 t;e 1$e=+n=
!,#%ent t all $e=+ste$e! e1+le$s5 an! t t;se 2;% a$e nt I pla,e! a t$#e an! ,$$e,t ,p< 1 t;e
1$e=+n= !,#%ent +n t;e #sps %a+l n t;+s !ate an! as t t;se 2; 2e$e nt eve$ even pa$t+es +n t;e
,apt+n 1 t;e ,ase <et 1+le! a nt+,e 1 appea$an,e an! plea!+n=s an! asBe! 1$ att$ne<7s 1ees an!
san,t+ns5 t;en ,alle! #p5 +n s%e nvel !e@t ,lle,t+n te,;n+N#e an! atte%pte! t ?,lle,t? @<
t;$eaten+n= t $ep$t ,e$ta+n t;+n=s t t;e State 4a$ 1 Neva!a >I7% lB+n= at <# 4$+an Gnsalves"5
2ell5 t;e< 2e$e se$ve! +n a %anne$ app$p$+ate t t;e+$ atta,;%ent t t;+s ,ase an! p$ev+#s
a$$an=e%ents $espe,t+n= t;e a,,eptan,e 1 se$v+,e"&
4$+an Gnsalves5 EsN
P.O. 4A 0(D
3+n=s 4ea,;5 CA 0'-E)
Att$ne< 1$ Respn!ent Ta;e W%en7s Se$v+,es >CRISIS INTERVENTION SERVICES"
LIPSON5 NEILSON5 COLE5 SELTZER Z GARIN 6OSEPH P. GARIN5 ES9.
Neva!a 4a$ N. ''F) SHANNOND NORDSTROM Neva!a 4a$ N. /*--
0(/( West Pst Ra!5 S#+te -(( LasVe=as5 Neva!a /0-E/
TEL& >D(*")/*.-F(( FA:& >D(*" )/*.-F-*
Att$ne< 1$ Resp!ents WASHOE LEGAL SERVICES5 a Neva!a C$p$at+n5 3ATH8
4REC3ENRIDGE5 In!+v+!#all< an! +n ;e$ ,apa,+t< as 4a$! P$es+!ent 1 WLS5 TODD
TORVINEN5 In!+v+!#all< an! +n ;+s ,apa,+t< as WLS 4a$! Me%@e$5 PAUL ELCANO5 In!+v+!#all<
an! +n ;+s ,apa,+t< as EAe,#t+ve D+$e,t$ 1 WLS5 DOES -.-((5 In!+v+!#all< an! +n t;e+$ ,apa,+t< as
%e%@e$s 1 t;e 4OARD OF DIRECTORS OF WASHOE LEGAL SERVICES5 CAR8N
STERNLIGHT5 In!+v+!#all< an! +n ;e$ ,apa,+t< as WLS att$ne<5 6ON SASSER5 In!+v+!#all< an! +n
;+s ,apa,+t< as WLS a=ent5 3AREN SA4O5 In!+v+!#all< an! +n ;e$ ,apa,+t< as WLS att$ne<5
MARC ASHLE85 In!+v+!#all< an! +n ;+s ,apa,+t< as WLS att$ne<5 ZANDRA LOPEZ; In!+v+!#all<
an! +n ;e$ ,apa,+t< as WLS e%pl<ee;
DATED THIS& Date! t;+s Nve%@e$ /t;5 *(-*
CsC Za,; C#=;l+n
Za,; C#=;l+n
Appellant
- EECEF -
4RIEF
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4NL/O H5 /O84F4HS
1. eDhi"it 1I related transcripts tec. three hundred and twnety paes 1-202.
- EFCEF -
4RIEF
EXHIBIT 1
exhibit 1
Judge: Morning, please be seated.

Morning.

Judge: First matter I have is Matthew Merliss versus Zachary Coughlin. And
I do have [Casey Beare], Esq. representing the defendant. Is it
Casey Beare, Esq.?

Plaintiff: Casey Baker, Your Honor.

Judge: Oh, Baker.

Plaintiff: My office represents Dr. Merliss.

Judge: Oh, okay. You were listed in the wrong location. Alright, please be
seated. Is the plaintiff ready to proceed then?

Plaintiff: Yes, Your Honor.

Judge: Why dont you go ahead then?

Plaintiff: Thank you, sir. Your Honor, what were here on today is a 30-day
no-cause eviction that is all were on today. Under [INDISCERNIBLE
137] 40.253, Your Honor, I have copies of the landlords affidavit
here. If I may approach?

Judge: Yeah, bring it up.

Plaintiff: Yes.

Judge: But you dont have a witness?

Plaintiff: No, sir. Your Honor, the notices have been previously provided to
the court. I also have additional copies here if the court needs
them. The 30-day no-cause notice was served on August 22. The
five-day failure to vacate notice was served on September 27. Mr.
Coughlin has failed to vacate the property and thats why were
here, sir.

Defendant: Alright, sir.
1
Merliss v Coughlin Transcript of 101311 and 102511 in
RJC Rev2011-001708

Defendant: Yes, sir, Your Honor. I have filed a tenancy affidavit in this matter, as
well as a motion for continuance. I'm citing exigent circumstances
such as the essential service like electricity being turned off in the
midst of the five-day period in addition to a

Judge: Well, Ill allow you to testify as to your answers of your raise your
right hand. Do you swear under penalty of perjury to tell the truth,
the whole truth and nothing but the truth?

Defendant: Yes, sir, Your Honor.

Judge: Right. You can be seated and tell me what your defense is.

Defendant: Yes, Your Honor. As a preliminary matter, Your Honor, if I may
address the motion for continuance.

Judge: You may. Go ahead.

Defendant: In the midst of the five-day period, after the unlawful detainer
notice was served its my understanding I have five judicial days to
file a tenants answer. However during that time the power, the
electricity, that is to the property was shut off absent any notice to
myself and created undue difficulty in preparing to defending in this
matter and in adding the requisite third party defendants such as
the realtor/property manager. [INDISCERNIBLE 4:31] Realty, the
landscaping company and at this point, I believe NB Energy might
be a necessary party.

Judge: What does that have to do with the rent though, sir? Because what
we are here today on is the failure to pay rent.

Defendant: Your Honor, the statute to me is complicated and confusing but my
understanding of it is that Mr. Merliss or Dr. Merliss failure to
assert that he was owed rent for a good, it seems like three
months, takes this case out of the purview of the sections requiring
a depositing of a rent escrow amount and his failure to cure the
habitability issues within 40 days

Judge: Okay. Regardless of that have you paid the rent or not, first of all?
2

Plaintiff: Your Honor, may

Judge: I'm sorry?

Defendant: Your Honor, thats a factual determination. I think that would need
to be made upon viewing evidence.

Plaintiff: Your Honor, may I please. We are not here on a non-payment of
rent. Your Honor, I want to be very clear

Judge: But you said a five-day notice

Plaintiff: Were here on a no-cause termination to vacate. Mr. Coughlin was
a month-to-month tenant since March 2011. We served a 30-day
no cause termination notice to vacate.

Judge: Ill have two files.

Plaintiff: Yes, sir. That was from the previous the non-payment of rent we
had a hearing a couple of weeks ago. Those were dismissed. Gone,
theyre gone.

Judge: So, which case number is still pending?

Plaintiff: This, Your Honor, this case is ends in 1708.

Judge: Right. So, 1492.

Plaintiff: Dismissed a couple of weeks ago.

Judge: Fine. That was dismissed by the landlords.

Defendant: Your Honor, may

Judge: Wait, wait. Okay. So this is the no cause eviction.

Plaintiff: Yes, sir. I have provided the court with copies of the notices the 30
day and the five day. I have a copy of the lease. Mr. Coughlin is a
month-to-month tenant and we activated the 30-day no cause right
3
to terminate the lease. The lease is terminated. Mr. Coughlin failed
to vacate. What hes done is essentially re-filed his moving papers
from the previous non-payment case asking for sanctions and all
these things that were denied in the last case. If the court thinks its
relevant I'm happy to address the power issue. I dont see how
thats relevant. But weve got other issues. If Mr. Coughlin has
claims for damages against all these third parties that he is trying to
bring into this case, hes free to go make them. But thats not what
were here to do to consider today, Your Honor. And in fact, if he
has claims for damages against my client, he is free to go file a
lawsuit. But we are here only to talk about possession of the
property, Your Honor.

Judge: Alright. Okay, sir. Since Ive been educated about what this case is
about.

Defendant: Your Honor, if I can just interject. We are here on a retaliatory
eviction basis also Ive made those claims and the Justice Court
Rules do allow for counterclaims joining third party defense. In the
same action that stems from the same [INDISCERNIBLE 8:29].

Judge: Well, I dont see a counterclaim here, sir. I just see an answer,
motion for sanctions and attorneys fees.

Defendant: our Honor, theres a language within that ask for that makes
claims in damages against Mr. Merliss, the landscaping crew,
theres exhibits that support those claims.

Judge: But, getting to the 30-day no cause and putting the counterclaims
aside for a minute, do you have whats your defense to the no
cause?

Defendant: Your Honor, chiefly it would be the retaliatory eviction language
found within NRS 118A. But as a matter of procedure, I believe,
Justice Court Rule 22 with respect to the requirements for a notice
[INDISCERNIBLE 9:56] call for a 10-day period prior to a hearing
such as this. And they also call for a party not representing a
defendant who does not have an attorney such as myself. Those
situations require plaintiffs counsel to serve in writing a notice of
hearing and that has not been done in this case. What seems to
4
have been done in this case is shifting plaintiffs attorneys duties
under the Justice Court Rules on to the Justice Court Filing office
staff which would seem to be an inappropriate use of the Filing
offices resource. Justice Court Rule 22 (i) clearly places that burden
on Mr. Baker in this regard and it requires a 10-day period.

Judge: Are you saying you havent had 10-days notice of this hearing, sir?

Defendant: Yes, Your Honor.

Judge: Yes, youre saying that or yes, you have had 10 days?

Defendant: I am saying that no, I have not had 10-days notice, Your Honor.
Particularly with regard to the Justice Court Rules of Reno Township
cite Nevada Justice Court Rules procedure and they say that Rule 6
with regard to the computation of time is to be applied. Given that
the envelope in which the notice of the hearing sent from the
Justice Court, not from plaintiffs attorney as Justice Court Rule 22
(i) requires was postmarked 7
th
, Friday. Today being 13
th
is less than
10 days. In addition, [INDISCERNIBLE NRCP] requires that non-
judicial days not be included in time periods of less than five days.

Plaintiff: Your Honor, may I be heard briefly on that.

Judge: Yeah.

Plaintiff: The Justice Court Rules of Reno Township Rule 2 says, except as
otherwise provided by the statutes this rule apply to all civil
proceedings filed in Reno Township except small claims and
landlord-tenant matters. The rules dont apply, Your Honor. Rule 22
(i) does not apply to this. The policy of this court is when the tenant
files his affidavit which in this case is defective but when the
tenant files his affidavit or the landlord files his affidavit the courts
office sets the hearing usually does it by phone. The rules
Mr. Coughlin is citing dont apply. He had notice of the hearing

Judge: Well, I'm totally familiar with this, Sir. And I am going to deny that
motion because what we do is have an expedited hearing as soon
as possible which is typically one judicial day. Youve actually had
more time than that. And there is no requirement as indicated by
5
counsel for the plaintiff to give you 10 days notice. Its to get a
speedy hearing date as soon as possible.

Defendant: Your Honor, if I could just ask for a clarification. When a matter has
third party defendants brought in and counterclaims made, does
that application of the Justice Court Rules seems to apply under
Rules 88 [INDISCERNIBLE 13:31] is landlord-tenant law.

Judge: Sir, youre the one who argue that you can join courter-claims in
this action without citing any authority for that position.

Defendant: I did cite such authority, Your Honor.

Judge: What is that?

Defendant: Theres I believe is Justice Court Rules. Its in my motion for
continuance. I could find it if you like, Your Honor.

Judge: If you can find, go ahead.

Defendant: Okay.

Judge: Sir, have you found it?

Defendant: I believe its Justice Court Rule 12, Your Honor.

Judge: Local rules or?

Defendant: No. In the Justice Court Rules.

Judge: Alright, I'm going to take a brief recess and get the rules. Ill be right
back.

Defendant: Thank you, Your Honor.

6
1

Judge: So Mr. Coughlin you indicated that it was Rule 12 of the justice
court rules?

Defendant: Yes Your Honor I believe its actually Rule 13 or 14; Im looking at it
now.

Judge: If you want to go ahead sir. What is a

Defendant: Yes sir Your Honor.

Judge: Rule 13?

Defendant: Rule 13 Your Honor, Rule 13 of the justice court rules and civil
procedure Your Honor in the state of Nevada speaks to
counterclaims and cross-claims. It allows me to state either a
compulsory or permissive counterclaim to the extent that the
claims made arise out of the transaction or occurrences and
subject matter of the claim. The opposing parties claim here which
is dealing with an eviction. They do arise out of the same in that
while Counsel Baker states rent is not an issue here; the retaliatory
eviction defense that I say does bring into play all those issues. With
that come in all the [failure to cure] in the subsequent rent
deductions that are allowed under the statute [inaudible 0:02:16]
tenant and myself.

Defendant: May I be heard Your Honor?

Judge: Yes and can you address Rule 81 too.

Defendant: I dont have a copy of Rule 81 in front of me Your Honor.

Judge: Well Rule 81 says these rules do not govern procedure and practice
in any special statutory proceeding in so far as they are in
inconsistent or in conflict with the procedure in practice provided
by the applicable statute.

Defendant: Yes Your Honor I think that hits the nail right on the head. This is a
summary proceeding provided by statute NRS 40.254 and NRS
40.253(6). The only issue here today is possession of the property;
the courts inquiry is very focused and has only asked you whether
7
2

there is a legal defense to the alleged unlawful detainer. If Mr.
Coughlin has claims against third parties or my client he can make
them in a separate civil suit. What are these third parties going to
add to the discussion of possession of the property today? None.
There has been no complaint filed, there has been no point alleged.

Judge: Well I dont know what the third party complaints are but the issue
of territory eviction may or may not.

Plaintiff: Your Honor under NRS 20A.510 the burden is on Mr. Coughlin to
show retaliation, he has not done that. He has not offered any
proof that there is any sort of retaliation here. The parties, the
whole purpose of the 30 day notice and the statute and then the
lease is freedom of contract Your Honor. Once Mr. Coughlin is a
month to month tenant the landlord is free to terminate the lease
with 30 days notice Mr. Coughlin is free to move out with 30 days
notice. If we flip it around and Mr. Coughlin had given 30 days
notice and we had come down here tried to stop him from moving
this doesnt make any sense Your Honor. There has been no proof
put forward that there is any retaliation here.

Judge: Well actually I have no proof so far that the lease is over or
anything else. I dont even have a copy of the lease.

Defendant: Your Honor the statute provides that I am to provide that today and
I have copies here.

Plaintiff: Your Honor Rule 109 speaks to a 20 day period notice prior to a
hearing which I believe is applicable in this case and has not been
provided.

Defendant: Im sorry I didnt catch any of that.

Judge: He said.

Plaintiff: Rule 109 Your Honor, setting of trial and actions. Your Honor NRS
118A.510 speaks for retaliatory conduct by the landlord against the
tenant. It goes into the extent to which notice is required and up to
date to put on a defense and to litigate those claims as afforded to
[inaudible 0:05:50] turning off their power in the middle of the five
8
3

day notice period is unduly burdensome and it I believe is in
violation of the federal statutes and state statutes respecting the
appropriate notice one must give to tenants prior to shoving them
out.

Defendant: Your Honor I have a copy of the lease here would you like to see it?

Judge: Yes please.

Defendant: I attach that to my

Judge: The section you are starting to sort of apply [inaudible 0:06:24] you
are not going under summary eviction. This is a summary eviction.

Defendant: I thought you said at the outset that this was a no cause not a
summary eviction Your Honor or Mr. Baker said that?

Judge: No cause is summary. Non-payment is summary as well.

Defendant: No cause is summary as well; you know it gives 30 days versus the
five days that the non-payment gets.

Judge: You are talking about two separate notices. They gave you 30 day
notice, that you need a 30 day notice of termination of lease and
thats the no cause. Then when you dont move out then its an
unlawful detainer which is the five day notice.

Defendant: That you are saying is summary in nature Your Honor?

Judge: Yes.

Defendant: To that I filed a tenancy answer, a third party counterclaim bringing
in third parties.

Judge: Well first of all as to the third party complaint Im going to rule as I
indicated earlier that there is a specific statutory procedure in this
case which is applicable under Chapter 40 of the NRS. Therefore
you are governed by that statutory procedure which does not allow
for counterclaims to be heard. At the same time you can file a
separate independent action as indicated by counsel for the
9
4

Defendant: NRS 40 you say Your Honor does not allow for third?

Judge: Chapter 40 in a summary proceeding such as this does not allow for
counterclaims to be filed in the same action, if they are filed as
separate action. Thats under Rule 81 of the justice court rules of
civil procedure.

Defendant: You said, okay in addition to Rule 83. Your Honor I dont believe any
of those rules allow a landlord attorney of power off in the middle
of the [inaudible 0:08:52].

Judge: Im not saying they do.

Defendant: Im just putting forth that

Judge: I will allow you to testify as to what happened and why you believe
the summary eviction should not be applicable in this case. If you
establish a case to my satisfaction then I will set it over to trial,
right? But at this point you havent done that.


Judge: Youve come in to argue a motion to dismiss based on failure to
comply with notice and other issues which I denied at this point. So
you can sit down and if you want to test the fire as to why this
should not be a summary eviction I will permit you to do so.

Defendant: Even were this to go forward as a summary eviction Your Honor I
would just like to state for the record I am moving for a continuance
based upon the unduly prejudicial nature of the shutting off the
electricity in the middle of the five days that you were here.

Judge: Well you were here quite some time ago and knew all about this, so
thats denied. You first came in here to court and back in this court
dismissed the prior case in case number 1492 trying to find the date
at which

Defendant: I believe it was the 26
th
Your Honor of September the hearing
approximately.
10
5

Plaintiff: That was the 27
th
Your Honor, I remember because that was my
birthday.

Judge: Alright in any event thats been more than 20 days and I know on
that date you were fully aware of what was happening because the
plaintiff tried to proceed at that time which I denied. They
attempted to proceed on this case as well. Alright? You probably do
not remember that, sir.

Defendant: I remember the hearing Your Honor and I just, I would think there is
something that when a tenant alleges a retaliatory eviction that the
summary and extremely quick nature of this process is slowed
somewhat.

Judge: Only if the court finds that there is a meritorious defense, which I
havent done so, I havent even been presented any evidence to
persuade me that you have any meritorious defense whatsoever.

Defendant: Are you sure Your Honor?.

Judge: And I am giving you that opportunity to proceed. So do you want to
proceed or not?

Defendant: Yes sir Your Honor I have abundance of evidence in support.

Judge: Come up here and take the stand, sir.

Defendant: Yes sir Your Honor may I bring my laptop with me because it has
pictures that I intend to offer and a videotape as well?

Judge: Wait a second sir, no you may not what am asking you for is to
establish a prima facie case of retaliatory eviction through your
testimony and then if I determine and establish the prima facie case
then well set it over for trial.


Judge: So if you want to come up here. Go ahead sir.

11
6

Defendant: Yes sir Your Honor. I believe a prima facie case has been established
with respect to the claims of retaliatory eviction. And been
supported by the various exhibits that had been attached to both
my original tenants answer and subsequent tenants answer. Just
most recent motion for continuance and specifically

Judge: I have that.

Defendant: Specifically Your Honor whats convenient here is this has all pretty
much been detailed in emails to and from the landlord and myself.
Further I took videotapes of an incident where a good deal or
property damage was done to my home law office.

Judge: Done by whom?

Defendant: The landlords, agents and if you referenced the lease I believe its
subsection 28, the lease specifically provides that any damage done
to the tenant or his property by the landlord or the landlords
agents is to bewould result in the landlord being held viable for
such damage. I can testify as to the damage done, I have a
videotape showing the landscaping crew doing the damage. The
third party defendants were involved in that to some extent. The
landlord admitted in writing that he authorized to third party
defendant Green Action Lawn Services conduct in that regard. Aside
from the property damage with respect to the landscaping incident
a prima facie case can be established.

Judge: So how was that retaliatory, what were they retaliating for?

Defendant: I believe he is evicting me Your Honor based in part on a number of
factors thats one because I complained about it. Two is

Judge: Because you complained about the lawn service?

Defendant: The conduct of Green Action Lawn Service, yes. They caused what I
believe is at least $1,000 damage. In addition the landlord failed to
ensure a number of habitability issues that were brought to light in
writing and he was given 14 days. The statute allows a deduction
from the landlord. The landlord agreed in writing to these
deductions.
12
7

Judge: Well you have deducted three months rent.

Defendant: Thats a factual matter Your Honor that I believe is in dispute.

Judge: So you are saying you have paid the rent? Do you have the evidence
of payment of the rent today sir?

Defendant: Payment in the sense that rent deductions agreed to in writing and
worked on incident thereto amounts to a payment of the rent in
addition to

Judge: Okay well do you have evidence of that?

Defendant: Yes sir Your Honor. The stairs Mr. Merliss, the stairs to the law
office were crumbling, they were presenting a hazard and an
aesthetically displeasing appearance. Mr. Merliss agreed to a rent
deduction and the stairs were repaired, he was submitted a
statement in that regard. He subsequently filled [inaudible 0:17:12]
notices that ignored that rent deduction. Ignored the rent
deduction he agreed to in writing and the attached agreement.

Judge: Okay, sir I need to know precisely first of all how much is your rent
per month?

Defendant: $900 a month.

Judge: How much was the bill for the stairs?

Defendant: $1,250.

Judge: Anything else, offsets that you are claiming today?

Defendant: Yes sir Your Honor, the landlord agreed to a $350 offsets for taking
care of the weeds at the house I offered to

Judge: So how much was that 300?

Defendant: He agreed $350 for that season and he failed to respond to a
request for the prior season. So I believe I can argue $700.
13
8

Judge: Well okay but you said he agreed to 350?


Judge: Okay, well I dont think you can argue beyond what he agreed to.

Defendant: Well Your Honor he never responded to a previous seasons request
in that regard after 14 days notice and I believe NRS 118A allows
her rent deduction I believe the

Judge: But habitability, what does the weeds a year ago have to do with
habitability?

Defendant: The weeds were extreme Your Honor, they created a noxious weed
ordinance hazard, they

Judge: Okay wait a second, whose responsibility is under the lease to
maintain the [CROSSTALK]?

Defendant: That person is the landlord Your Honor, in addition.

Judge: Do you have citation to the lease?

Defendant: Yes sir Your Honor and I will sight to that but even absent that his
subsequent conduct ratifies an interpretation that would deem the
landlord responsible for. I believe the noxious weed ordinance
affect in Reno specifies that its the property owners responsibility.
But the lease does speak to that Your Honor. My attachments,
there is a good deal of photographic evidence attached as exhibit
where there is three to the motion for continuance instead of a
two.

Judge: Brings up the issue of the mould and the insulation.

Defendant: All these issues are in writing attached to the original September
tenants answer where in approximately 30 pages of emails
between myself the tenant and the landlord Merliss proved that he
was provided 14 days written notice of various habitability issues
including mould growing on insulation that had fallen from the
14
9

ceiling and hit a dirt ground that lacked vapor layer. Theres
pictures I know the printouts there are not that clear, I do have high
quality colored photographs on my laptop. Just another small
matter Your Honor, there was a matter of $125 deduction that was
agreed to for the disposal. All these deductions the landlord Merliss
has subsequently seem to have forgotten.

Judge: Okay wait a second, we have weeds the total you were claiming is
700 and now you say it is $125 for what?

Defendant: A broken kitchen garbage disposal.

Judge: Which you repaired?


Judge: You have receipts for all this?

Defendant: I have submitted statements to opposing counsel.

Judge: Alright so, if I understand this correctly you owed $2,700 in rent.

Defendant: Your Honor opposing counsel said rent is not an issue here.

Judge: No you are making it an issue. I mean you are the one who said that
Im supposed to look at this because this is in retaliation for your
complaints right?

Defendant: To the extent that an eviction is being sort, yes Your Honor. But the
issue of whether or not I own it you may not believe this but its
conceited at this point.

Judge: Conceited how?

Defendant: Or not even alleged by opposing counsel.

Judge: What they did is they dismissed the action from nonpayment of
rent. So they are not evicting you based on nonpayment of rent.
That doesnt mean and you were talking about a counterclaim
today which you wanted me to address for retaliatory eviction. And
15
10

Im trying to find out what the retaliation was for. You are saying it
has nothing to do with rent then thats fine. What is the retaliation
about?

Defendant: Subject to NRS 118A.510 the retaliation applies because it occurred
after written notice by the tenant to the landlord of both items.
Both matters in statutes such as noxious weed ordinates as well as
complaining about habitability issues and

Judge: Retaliation is for complaining about noxious weeds?

Defendant: Noxious weeds, property damage done by the landscaping crew
and failure to cure habitability issues and the landlords parts after
14 days written notice in pass.

Judge: Okay so you have noxious weeds, landscaper damages and what
was the third?

Defendant: All these various, please fix it landlord types of written notices.

Judge: Thats not habitability; habitability is specifically defined by
statutes. So specifically what was the habitability issue, lack of heat
or?

Defendant: Your Honor I believe the insulation matter with its attended, mould
problems it comes within the essential services. I have seen some
authority that seems to suggest insulation is an essential service.
There is safety issues with regard to

Judge: Insulation is an essential service.

Defendant: Or at least I believe so in some situations or at least it speaks to
habitability, insulation does. There is a window thats remained
broken with exposed shards of glass held in by the [inaudible
0:24:30] in the window, that presents a hazard. The stairs, the
crumbling stair rises my mailman has complained about that to the
extent it looks bad, its not that safe. The wood deck to the front
entry way seems rotted out.

Judge: And these were not preexisting conditions when you moved in?
16
11

Defendant: So sir Your Honor.

Judge: So all this happened since you lived there? The stairs rotting out.

Defendant: The concrete stairs they were patched up in a manner that seemed
to suggest that they were done by an amateur, when I moved in
they subsequently the patches fell. So not just everyit seemed like
every day another rock would be crumbling and we would sweep
them away. The riser is the part the toe would kick and not step on
and windows are crumbling they just keep crumbing just like pulling
a thread out of a sweater. So no they were not pre-existing.

Judge: So what you are saying is because you complained about these four
things the landlord might have had to evict you?


Judge: It had nothing to do with the nonpayment of rent?

Defendant: I believe it had to do with invoking the statutory right to deduct
rent.

Judge: So. Okay so prior to your exercising your statutory right to deduct
rent and you determined that the first eviction was [inaudible
0:26:37] because I think you claim retaliatory eviction based on the
first eviction did you not?

Defendant: Yes.

Judge: So your retaliatory eviction was based on these things and not your
failure to pay rent?

Defendant: Yes sir Your Honor including that you complained of the property
damage by the third party agency of the landlord and his
employees or agency.

Judge: Cross-examinations.

17
12

Defendant: Your Honor Im happy to cross-examine or I am happy to simply
present an argument.

Judge: Anything else sir.

Defendant: No sir Your Honor.

Judge: Okay you can step down. Okay with the landlord you can make any
argument.

Plaintiff: Thank you Your Honor lets just start with the statutes Your Honor. If
I understood Mr. Coughlins testimony, his contention is that the
no-cause eviction is in retaliation for his complaints to the landlord
about habitability. I think thats what he testified to and he named
a couple of things, weeds, landscaper damage, installation,
windows. NRS 118A.290 provides what habitability is. Mr. Coughlin,
he must show among other things Your Honor that the property
substantially lacks one of these enumerated items. Effective
waterproofing, plumbing facilities, water supply, electrical lighting
outlets et cetera. There has been no testimony or any proof that
the property substantially lacks any of those things. With respect to
the weeds Your Honor. Paragraph 22 of the lease tenant will irrigate
and maintain any surrounding grounds including lawns, shrubbery if
they are for the tenants exclusive use. This is a fenced in corner lot,
they are for tenants exclusive use, he is supposed to maintain the
weeds, he didnt do it, Dr. Merliss paid somebody to come in and fix
them, thats not a habitability issue and its not even addressed.

Judge: Im sorry I am confused now; you said he shall maintain what the
weeds?

Plaintiff: Tenant will irrigate and maintain any surrounding grounds.

Judge: No I understood that.

Plaintiff: Including lawns and shrubbery if they are for the tenants exclusive
use.

Judge: So you are saying the tenant is responsible for maintaining
landscaping.
18
13

Plaintiff: Yes, yes Your Honor thats paragraph 22 of the lease and anyway.

Judge: Have you put the lease in evidence here.

Plaintiff: Well I believe I brought a copy Your Honor I would offer it into
evidence. Mr. Coughlin also attached it to his motion for
continuance; I would offer it into evidence now Your Honor.

Judge: Alright well hang on one second because, I

Plaintiff: I had another copy here Your Honor it has been misplaced.

Judge: [inaudible 0:30:02] from this file and this case does not have the
lease but then maybe.

Plaintiff: I believe Mr. Coughlin attached a copy to this motion for
continuance filed last night.

Judge: In the last year.

Plaintiff: The last night sir.

Defendant: It was filed I believe on Monday or Tuesday.

Judge: Well Im not sure I have that motion.

Defendant: Your Honor you might have handed that to me when I was on the
stand.

Judge: Alright I do have it, I apologize.

Defendant: I will just quickly interject Your Honor.

Judge: You can wait and then when he is done you can interject but
Paragraph 22.

Plaintiff: Yes sir. Fifth line down sir, sentence starts at the end of that line
with the word tenant, probably a bad copy but

19
14

Judge: I do see that.

Plaintiff: Your Honor just moving forward with the other items identified by
Mr. Coughlin. Insulation windows, garbage disposals.

Judge: Well the other question I heard about the weeds, he says he had
them done for 350 and there was some agreement he would get a
credit, you indicated that the landlord actually had the weeds

Plaintiff: Your Honor the

Judge: Taken down.

Plaintiff: Yes. My understanding is the only rent deduction ever agreed to by
the landlord was $350; I believe it was for June it could have been
for May, for Mr. Coughlin to deal with the weeds. That was not
disputed and in fact Your Honor if we go back to the last case, the
quantification of the rent in our five day no pay notice gives credit
for that. The court gave credit for it in its minute order. Dr Merliss
also paid landscapers to Dr Merliss also owns a property next
door. The landscapers were doing the weeds next door; there were
still weeds in Mr. Coughlins property as I understand it he didnt
care of the weeds. So landscapers also pulled the weeds over there.
Thats my understanding it has nothing to do with this proceeding.
Mr. Coughlins third party claims as he calls them have something
to do with the landscapers pulling the carpet out of his front yard or
something.

Judge: Well there were no third party [inaudible 0:33:36] files, so there are
not even an issue here.

Plaintiff: I understand sir Im trying to shed a little light on the weed
situation. There was a credit, that is the only credit Mr. Coughlin
has not shown any other agreed upon credit and whats interesting
here Your Honor is that on one hand Mr. Coughlin is arguing that
the landlord agreed to all these rent deductions and then on the
other hand he is saying that because Im claiming rent deductions
he is evicting me to retaliation. It doesnt make any sense Your
Honor, which is it and he has not presented any presented any
proof either. Under NRS 118A.510 your owner Mr. Coughlin has the
20
15

burden to prove that the eviction was in retaliation for one of these
enumerated things. He is hanging his hat on habitability, but the
lease puts the duty on Mr. Coughlin to maintain the property, every
time he has got broken blinds or a broken window that how did the
inside pane get broken? We dont know Mr. Coughlin wont let us
inspect, he is claiming thats a habitability issue.

Judge: Well I do have a question though; the court previously ruled that he
needed to deposit the rent which he disputed. But whats your
position in respect to the requirement to deposit rent on the
alleged habitability.

Plaintiff: Your Honor I think the court got it exactly right last time requiring
Mr. Coughlin to deposit the rent into an escrow account, thats
what the rules and the statutes I believe provide. In this case
though Your Honor the only issue is possession based on a no a
cause termination of the lease. Mr. Coughlin owes rent but we are
not here to seek rent today. If there is going to be claims for rent
thats a separate civil action it is not a summary procedure

Defendant: Objection Your Honor its unduly prejudicial for Mr. [David] to be
able to interject all these accusations and then run and cry wolf
when it comes time to support them as he has done in his pleadings
as you say, opposing parties concedes this point when nothing of
the sort was done. He says Mr. Coughlin outright lies in his
pleadings he is making this allegation about a licensed member of
the Nevada Bar and he provides absolutely no support for it.

Judge: Sorry he didnt say that just now, so I know the only objection but is
there anything else?

Plaintiff: Your Honor Mr. Coughlins burden to show retaliation is under NRS
118A.510, he has the burden to show that, that my client acted in
retaliation, he has not done that, he has not pointed to any specific
piece of evidence that will show that. In order to hang his hat on
the habitability he has to fall under some category in NRS 118A.290
he has not shown that. He has not shown that the property
substantially lacks anything. He has shown that he had an issue with
some weeds or an issue with a broken window. Let me just say this
Your Honor, at the last hearing. I have here Mr. Randy Fisher who is
21
16

a local handyman; I have with him as a witness a gentleman from
A1 Electric. We sent those people out to Mr. Coughlins property.

Defendant: I have an objection, hearsay.

Judge: I will sustain that object.

Plaintiff: Your Honor I can offer documents, invoices and authenticate them
myself because I received them from Mr. Fisher.

Judge: Well I dont think there would be any need to do that at this point.
Anything else Mr.?

Plaintiff: Your Honor only that we have tried to inspect and Mr. Coughlin has
not allowed us to, therefore he is not allowed to proceed under the
habitability statute.

Judge: Right so.

Plaintiff: Yes sir Your Honor, if I may at this time provide some further
support such as I referenced my attention to earlier with regard to
showing high quality photographs, eliciting some of these
habitability issues with regard to certainly having, some of these
pictures of mould are kind of disturbing. I dont think anybody in
this courtroom would want to live in that situation; there is not just
weed ordinance.

Judge: Well obviously you do want to live there because you are fighting
the termination.

Plaintiff: Your Honor I wouldnt want to live there with that mould stain
where it was. I submitted notice in writing not only 14 days passed
but a good time of time passed $500 was spent in eradicating the
mould issue. With respect to the habitability.

Judge: Who spent $500?

Defendant: Im sorry Your Honor?

Judge: Who spent $500?
22
17

Defendant: I did Your Honor; I submitted a statement to Mr. Baker. Your Honor
the broken window comes within the purview of Section 0.290 of
NRS 118A in addition to the noxious weed ordinance that the City
of Reno has. Comes within language in Section 290 speaking to a
violation of the housing code or complaint thereof.

Judge: Well so how do you get around the lease, the lease requires you to
maintain the law?

Defendant: Thats Mr. Bakers interpretation of the lease Your Honor, the lease
does not say weeds. It does not say weeds, it says lawn. There is no
lawn its dirt. In that regard I have that high quality, high density
green woolen carpet to make the appearance of a sort of [inaudible
0:39:24] grass installation. A good deal of money and time we spent
so that I could have a law office that didnt have a dirt lawn. Mr.
Merliss a neurologist who has chosen to spent upwards of
apparently five grand to litigate this rather than fix a window and
stand behind the rent deductions. Who didnt show up today, who
didnt stand up in court, when you yourself Your Honor told him to
raise his right hand and stand to be sworn? He has clearly indicated
a lack of respect for this process. He has indicated a habit of kind of
shifting tasks which he seems to find minor and tedious on the
people whose responsibility it isnt to do those tasks. He is
essentially trying to mimic this pro-bono property manager. He says
go get two estimates for that little problem you alerted me to and
then deducted them. Im not at the country right now Im in
Thailand or somewhere. Well thats what landlords do, Im an
attorney thats going to take me an hour or two can I bail you $225
for that Dr. Merliss? No I cant I am just doing for free for you. You
seem to employ time honored landlord tactic of ignoring tenants
for any complaints and hoping to win by [inaudible 0:40:50] or just
make them feel like they are being tedious or you know high
maintenance. When a clear review of the 30 somewhat pages show
that I have been extremely conscientious throughout the year and a
half that I rented from Dr. Merliss. To the extent that I have
endured disgusting conditions in this place in efforts to save Dr.
Merliss money. Just to

Judge: Alright so here is the deal I think I have heard enough. I am
23
18

Defendant: Your Honor can I show the pictures of?

Judge: I have looked at them, I see the mould.

Defendant: You cant see the mould in those reproductions.

Judge: Alright bring up any other pictures youve got, but what you said is
youve corrected that; you spent $500 to do that.

Defendant: Yes sir you honor, may I approach.

Judge: You may.

Defendant: Counsel was provided [inaudible 0:41:44] these pictures in addition
to photograph reproductions.

Judge: You are going to have to hand it to me because I cant see it in the
lighting.

Defendant: I will do a slideshow Your Honor if that will be alright. And there is a
short video where the issues of the property damage are essentially
admitted by the Green Action Lawn Service.

Plaintiff: No, Im going to object to any video of anythingit has no relevance
to possession of property today and I have never seen it.

Defendant: You were provided a copy of it counsel.

Judge: Well I am going to look at your pictures not the video so.

Defendant: Okay, Your Honor.

Judge: I do have a question Mr. Baker the rent was last paid when?

Defendant: Your Honor I would have to check, my recollection is maybe but I
dont know, again we are not seeking rent today.

Judge: No, Im understanding that but I believe it is integral to the defense
you have [inaudible 0:43:21] how much rent is owed.
24
19

Defendant: Im not sure [inaudible 0:43:29] sir but.

Judge: Well because I believe he needs to deposit the rent less any amount
that he is entitled to credit for.

Defendant: Yes, Your Honor I agree with you.

Plaintiff: You can go to the next picture in that order [inaudible 0:43:44].

[OFF MIC CONVERSATION]

Plaintiff: June 1 the rent was due sir.

Judge: There was five months.

Plaintiff: June, July, August, September, October and I believe there is a,
there should be a credit for 350.

Defendant: For the amounts my co-tenant paid?

Judge: No, for what he is saying is undisputed is the weeds.

Defendant: I believe he is referring to [inaudible 0:44:39] who you all paid to
the landlord for June Your Honor.

Plaintiff: We can make it five full months Your Honor.

Defendant: This goes to the Rule 11 issues I am speaking off Your Honor.
Complainants and attorneys blindly files motions against [inaudible
0:44:52] without doing reasonable investigations as to whether or
not their plans are based on fact or law. Can they just churn and
burn landlord/tenant claims through the courts, collect money for
them without knowing whether or not its professional to do so.

Plaintiff: I am happy to address to the joint obligation in Mr. Coughlin and
Mr. [inaudible 0:45:24] under the lease Your Honor.

Defendant: Your Honor the pictures of the carpet being left in the street and on
the sidewalk, thats how Mr. Merliss employees left the carpet. It
25
20

was installed in a manicured manner. They came on and for some
reason he decided to pay both me and his crew of landscapers to
do the same job. One wonders if he is so well off as a neurologist
that he can afford to have the same job done twice, or he doesnt
just accept my offer to have the window fixed for $100.

Plaintiff: Objection relevance. Its a hissy fit by him indeed.

Judge: Alright so I will give you one last chance to add anything else.

Defendant: Yes sir Your Honor I believe the retaliation argument a prima facie
case has been made specifically with regard to habitability issues,
the habitability includes safety. The crumbling stair rises clearly
presented a situation where that was an issue. Habitability includes
windows being broken that was clearly supported in writing by the
attached emails.

Judge: Alright, sir. I am going to rule now because first of all I find under
the NRS if you want to make a habitability claim you have to
deposit the rent and if it wasnt clear in my order previously I am
going to make it very clear today.

Defendant: Your Honor.

Judge: But now sir I am going to give you credit for your alleged
habitability issues. The rent that is due as of today will be 4,500. Im
going to give you credit for the stairs of 1250, weeds of 350 weeds
of 350 twice. The garbage disposal 125 and the window 150 which
comes out to 2225. In addition Im going to give you 500 credit for
the mould abatement, which is 2725. So the 4500 minus 2225 is
2275. I will continue this till tomorrow at 9:00 AM for you to
deposit the 20. It wont be tomorrow it will be Monday.

Defendant: Your Honor [inaudible 0:48:25] $1,000 claim for damage to the
landscaping installation if you wouldnt mind.

Judge: I am not going to do anything for that, but it has nothing to do with
the landlord so far as I am concerned at this point that is a third
party claim which you can proceed against the third party.

26
21

Defendant: Your Honor the lease is

Judge: That is not habitability sir, that has nothing to do

Defendant: But the lease says he is liable for damage done on my lawn.

Judge: Who said?

Defendant: The lease says that subsection 28.

Judge: Well

Defendant: Clearly.

Judge: Not by third parties.

Defendant: It does Your Honor, it says by his agents or employees he is
responsible.

Judge: Yeah and [inaudible 0:48:58] that they are his agents I find they are
in independent contractor and so if you deposit the rent by Monday
at 9:00 oclock with the court in the amount of 2275 I will continue
this for trial on the merits to determine whether or not there really
is a habitability issue. If the rent is not deposited then there will be
no continuance the eviction will be granted forthwith on Monday
morning at 9:00 oclock. And furthermore the court is now making
any finding other than that you have made an argument about
habitability and that you are entitled to trial on that issue if you
deposit the rent. Alright but you are not entitled to trial if you dont
deposit the rent. And I have given you credit based on your
allegation which is, which I do not find was substantiated today; I
simply find that you made that allegation, that this is what you
were owed. And so if you deposit the rent then we will set this for
trial and it will be the following week after that on the same court
day. The same day of the week.

Defendant: Tuesdays and Thursday. So on the Tuesday it will be at 10:00 AM.

Judge: What day is that?

27
22

Defendant: Well you are looking at, okay he has had until 17
th
to post the 2275
and you are saying have the hearing the following week that will be
25
th
October.

Judge: Okay 25
th
October what time?

Defendant: That would be at 10:00 oclock.

Judge: Alright, so thats the courts order and I will see you back then have
a good day.

[0:51:42]

28
Judge: And we have a trial. Okay, the next is Matthew Merliss versus Casey
-- oh, I'm sorry, versus Zachary Coughlin. Casey Baker represents
the plaintiff in this matter and this was the time set for
determination on the no cause eviction and -- are the parties ready
to proceed?

Plaintiff: Just one moment, Your Honor.

Defendant: [INDISCERNIBLE 0:57] first.

Judge: Is that this? We'll hear it. Come up.

Plaintiff: I believe that would be it, Your Honor.

Judge: All right.

Plaintiff: Just to make sure [INDISCERNIBLE 1:21].

Judge: Oh, you can all be seated. I'm trying to figure out where we are
because when I -- I was contacted by counsel for the plaintiff in
respect to emergency request for conference call with -- I did not
have that. I was not here at the time when the request came in, but
I did grant an order short in time with respect to a motion to
inspect the property and I don't know if the property was inspected
or not.

Plaintiff: No, Your Honor. The property was not inspected.

Judge: And do you desire to have the inspection before going forward with
this proceeding today or no?

Plaintiff: Well, my understanding in this proceeding, Your Honor, is that this
Mr. Coughlin's chance to present -- to substantiate his legal defense
that he's trying to present here. Mr. Coughlin, after the last hearing,
deposited the rent with the court as the court ordered, so he got
himself another bite at the apple.

If Mr. Coughlin is going to proceed and present evidence of what he
claims are habitability issues, then I may ask the court to adjourn so
we can go inspect. But I've not seen anything of Mr. Coughlin since
29
the last hearing, nothing has been produced, other than a couple of
motions and a notice of appeal which we do not believe is effective.

Judge: Well, it may be effective, but it doesnt stay these proceedings.

Plaintiff: No, and it's not an appeal [INDISCERNIBLE 3:45] that Mr. Coughlin
appealed anyways and no, it does not stay these proceedings.
You're absolutely correct, sir.

I guess the way I would suggest that we proceed is, if Mr. Coughlin
wants to proceed, and he presents anything and I think we need to
go inspect, then I would ask the court to adjourn. I don't want to
waste the court's time any more on this--

Judge: Right.

Plaintiff: Than absolutely necessary. And I've never seen this before. I don't
know what this is so I can't really address it, Your Honor.

Judge: And so they do have a right to respond to this, so I'm not going to
consider this today. They'll have 10 days to respond to this.

Plaintiff: Your Honor, if I may as well, there was something shoved through
my mail slot last night as well from Mr. Coughlin bearing a file
stamp of yesterday, Emergency Demand for Jury Trial and Amended
Tenant's Affidavit Answer Counter-Claim. Again, I havent had a
chance to look at this. I know it's not appropriate to have a jury trial
here and the court has already ruled that there's not been
entertaining a third party claims, this is a summary eviction. But,
again, I havent had a chance to even look at this because it's
[INDISCERNIBLE 3:45] yesterday.

Judge: All right. Well, you have 10 days to respond to that as well. So we'll
put those aside for the moment and -- now.

So, assuming you -- what the court had done at the last hearing I
had given you credit against the rent which was owed $4,500 for
the alleged habitability issues, which included a window at $150,
stairs at $1,250, weeds at $350 x 2, garbage disposal $125, mold
$500, and that together was subtracted from the $4,500. The
30
offsets totaled $2,725. And that was without proof to substantiate
those claims.

So the purpose of today's hearing was to substantiate those claims
and also if you have any defense to the no cause, because the no
cause, if you don't have a lease, unless you can show it's in
retaliation it would be granted. So, this is your opportunity, number
one, to substantiate the amounts that I gave you credit for and,
further, for you to present any evidence that this no cause eviction
is, in fact, in retaliation for your complaint about the habitability.
All right? So, why dont I --

Defendant: May I proceed, Your Honor?

Judge: You may, but if you're going to be a witness, you'll need to be
sworn.

Defendant: Well, if I can make an interjectory, simply, Your Honor to address a
few--

Judge: All right. Oh, one thing I do want to ask, I have no evidence that you
are an attorney. I did check with the county bar and there was no
indication that you were, but -- in the state bar we were unable to
confirm, so what's your bar number?

Defendant: 9473 nvbar.org. In the middle page has an attorney search language
[INDISCERNIBLE 8:12] yield--

Judge: No, we werent able to access that and I don't know why. But -- so
9473 is your bar--

Defendant: Yes.

Judge: Number? All right. And as a representative of the court, I will
assume that's true, so -- and then you indicated that -- well, go
ahead. You wanted to make a statement, so go ahead.

Defendant: Yes. Yes, sir, Your Honor. Rather than having myself have another
bite at the apple and I'm responding in this situation that I've been
required to, and in doing that, it's afforded me an opportunity to
31
learn quite a bit about these proceedings. Maybe the best place to
start would be to bring up Las Vegas Justice Court Rule 44.

Judge: Well, I don't think that'd be a good spot to start at all because it
doesnt apply.

Defendant: If you'll just humor me for a second, Your Honor, I'll tell you why I
think that's important. Las Vegas Justice Court Rule 44 speaks to a
situation--

Plaintiff: Your Honor, can I put my objection on the record to any discussion
of Las Vegas Justice Court Rules, please? Thank you.

Judge: Well, your objection is noted, but I will allow him to state whatever
it is you're going to say.

Defendant: Vegas [INDISCERNIBLE 9:29] enact 44 for a reason. Reno doesnt
have 44. If it wanted to, it would have to enact it and you get the
Supreme Court to sign off on it. 44 Las Vegas 2 in the context of a
summary eviction proceeding require a deposit rent escrow. If the
statute alone in NRS 118A and NRS 40.253 in combination with the
Nevada Justice Court Rules of Civil Procedure, if just those three
things alone allowed for making litigants of summary eviction
proceeding deposit monies into the rent escrow, Las Vegas would
have had no need to enact Rule 44.

We dont have Rule 44 in Reno. Reno is very different from Las
Vegas. As such, I believe that the rent escrow amount should be
returned to me. It's my understanding that in a summary eviction
proceeding, the standard for summary judgment is to be applied.

I apologize, Your Honor, for -- when last you saw me on October
17th, I listened to the hearing and it seemed like I wasnt getting to
what you wanted me to get to, which was the most important
thing, to establish material issue of facts, to make a prima facie case
that I have a legal defense to the --

Judge: Well, I accept that you did and that's why we're having the trial
today.

32
Defendant: And that's -- I'm glad you bring that up. You said trial, Your Honor.
You didnt say summary eviction, you didnt say summary
execution. You said trial, plenary--

Judge: Trial on a retaliatory nature of the eviction. I assumed you made a
prima facie case on that as there's no trial on the issue. It is
summary as to whether or not you were given notice served, which
the court finds you were, with a notice to terminate your lease.

Defendant: If I can just quickly interject for the record, Your Honor--

Judge: Unless you had -- unless you have a lease to show that you're not
there at will at this point.

Defendant: There -- for the record, there was no certificate in my name, US
Postal Service certificate mailing on file with respect to a notice. In
the context of summary eviction proceedings, courts are directed to
adhere very strictly to the notes requirements given the summary
nature of it. That's one safeguard that is insisted upon.

A right to a jury trial is granted by the United States Supreme Court
from -- in summary -- in eviction cases. Jury trial is an absolute right
for all citizens in the United States. I said it's a 1970s case. I think it
might be called Pearson. I believe I cite to it in my case. I don't
know that a certificate of mailing is required whereas Mr. Baker did.
He had apparently a process server, post something on the door
and contest to that. I think that might be a [INDISCERNIBLE 12:40]
Supreme Court to clarify the statute at some point.

I know I spent too much time on that, Your Honor, but when you
say trial, it's -- well, the most important thing, Your Honor, to get
across from my point of view, is that 40.253(6) says that when the
court, as you just indicated you did imply that there is a material
issue of fact, it's a pause--

Judge: No, I didnt imply that there was. I found that you made a prima
facie case--

Defendant: That's what I'm -- that's what I meant to--

33
Judge: With respect to habitability and so I set it for a trial today on that
issue. But the separate issue is whether you have any defense,
which you havent given me, to the no cause eviction, which--

Defendant: And I do and I can speak to that briefly, Your Honor, just--

Judge: They're two separate things. Well, you're not under oath, sir, so
you're arguing now and I didnt -- I let you have some latitude, but
the question is do you have any facts to present to the court today?

Defendant: Yes, Your Honor, but just one last introductory matter--

Judge: Okay.

Defendant: Is that 40.253(6) says once the court has found there's a prima facie
showing, the court must pause and convert this to a full-scale
unlawful detainer action with a complaint and the 20-days notice
incident to Rule 109 of the summary eviction proceedings, so -- and
we don't have that here.

Plaintiff: Your Honor, may I?

Defendant: And there's two cases, Anvui and Glacier--

Judge: All right.

Defendant: That speaks to that one, Investment court.

Plaintiff: May I respond, Your Honor?

Judge: Yes.

Plaintiff: Thank you. What the court specifically found at the last hearing was
that Mr. Coughlin had alleged a retaliatory habitability issue that he
had alleged, but that he had not substantiated it. Your Honor used
those exact words. So the point of today's hearing is, as I
understand it, a continuation of the--

Judge: To establish whether or not he has a prima facie case.

34
Plaintiff: Exactly, to substantiate it. The court's inquiry today is under
40.253(6) whether he has a legal defense, the sufficiency of his
affidavit and his proof, not under Torrealba, the summary judgment
standard. Mr. Coughlin must transcend his allegations and show by
admissible evidence that there is a material issue of fact. That he
has a defense. That he has facts to support that defense. He's not
done that. He's resting on his allegations.

Now, the court gave him credit for those allegations and basically
said, okay, look. If you want to substantiate this, you got to put the
rent in the escrow as required by the habitability statute. That's
why we're here today. The court did not dismiss it. The court
withheld ruling on whether or not a legal defense had been
substantiated. Well, in fact, it ruled that it had not, but it gave Mr.
Coughlin another attempt, and that's why we're at.

Judge: Okay. So just so I'm clear now and I believe you have refreshed my
memory, what the inquiry today is to whether or not there is a
material issue of fact and if I find there is, Sir, then we will go
forward from there.

Defendant: Your Honor, I'll just enter an objection for the record. Counsel Baker
is telling you what your order was--

Judge: No.

Defendant: You tell us what your order is and you said it was a trial that we
were having--

Judge: Well, I said that, but I stand corrected because I do remember and I
do have the order, so we will find the order.

Plaintiff: Your Honor, the use of the word "trial" was unfortunate, but it was
very clear on the record what the point of today's hearing was.

Defendant: The trial was -- trial was in the notice as well. The notice says trial.
[INDISCERNIBLE 16:56] other bases for [INDISCERNIBLE 17:02] are
further specified in this summary judgment motion before you
because they were the previous files. Those are the [INDISCERNIBLE
17:09] complaining about criminal law violations such as converging
35
[INDISCERNIBLE 17:13] lawn carpet. They include Reno Municipal
Code--

Judge: Sir, I mean at some point, you can't add stuff and keep adding in
and adding in. I mean at some point, you have to put in writing
what your specific -- and you have to give the landlord notice of
that ahead of time on the habitability.

Defendant: And that's where the plenary trial is nice in that regard, Your Honor.
I did attach an affidavit to this summary judgment motion. It seems
to me plaintiff's counsel--

Judge: Sir, I am working at this--

Defendant: -- [INDISCERNIBLE 17:50] summary nature when, in fact, that's what
they wanted. It cuts both ways.

Plaintiff: For the record, Your Honor, we are requesting a summary eviction
order based on a no cause eviction.

Defendant: And we're in a trial, so

Judge: No, we're not yet, sir. Do you have my order from the last court
[INDISCERNIBLE 18:14]?

Clerk: There was one October 15th, so I'm sure it's [INDISCERNIBLE 18:22]

Plaintiff: I might be able to find it, Your Honor. But

Judge: Well, it's got to be in this file, so -- and what happened is there's
been so many papers filed since then.

Clerk: Yeah, [INDISCERNIBLE 18:35] like a fourth file [INDISCERNIBLE
18:42]

Judge: Yeah, well, this thing is a -- this is an order October 13
th
. Tenant's
motion to continue denied. If the defendant posts rent, a trial will
be set for October 25
th
at 10 a.m. So it is a trial.

Plaintiff: Yeah.
36

Judge: However, just to clarify this, sir, you're telling me that you disagree
that we can go forward with the trial today. What you want to do is
get a 20-day complaint and go to trial in that manner.

Defendant: Well, are we talking about [INDISCERNIBLE 19:52] 20 days or we
have...

Judge: No, I don't -- I'm not talking about anything. I'm just clarifying, are
you arguing today that we should not be going forward with the
trial? Because that's what I want to address first.

Defendant: I think that's -- that is set forth in my motion I filed today, Your
Honor.

Judge: Well, the motion you filed today is not timely, so the issue is your
position right now is it your desire to receive 20-days' notice and go
that way?

Defendant: You know, I think that would be most every tenant's position.
They'd like a plenary trial with like all this--

Judge: Well, the problem with that position, sir, you are going to have to
post the additional rent as of November 1
st
.

Defendant: Your Honor, 2 -- 40.253(6) if the court showing no further order
once converting this to a full-scale plenary trial.

Judge: I havent converted it to anything, sir.

Defendant: But it seems as though you're saying if that occurs, once it converts
to a plenary that you would have to post rent

Judge: No, I'm saying as a condition of doing that, I'm not going to let you
live there without -- or use the office without paying rent.

Defendant: That's Las Vegas Rule 44, where you

Judge: I don't care about Las Vegas Rule 44.

37
Defendant: We don't have a corollary to that Reno, Your Honor.

Judge: And we do have a statute and we do have our own rule, sir. I don't
know why you're citing Las Vegas rules.

Defendant: Because there's no rule. The Reno Justice Court Rules Rule 2 says
they don't apply to landlord-tenant actions. So we're left with

Judge: We do have rules that allow us to accept deposit, sir.

Defendant: From 118A. NRS 118A.

Judge: Okay. So, I'm not going to argue with it. If you want, you will need
to deposit the rent for the month of November--

Defendant: Your Honor, I just--

Judge: On time.

Defendant: I just want to clarify how does that reconcile with 40.253(6)? If we
could just read the exact language of that, I can read this to you,
Your Honor. It says once the court finds a material issue has been
alleged, a prima facie showing, the court shall make no further
order and this shall be converted to a plenary trial.

Plaintiff: That's not [INDISCERNIBLE 22:27]

Defendant: Exactly.

Clerk: [INDISCERNIBLE 22:29]

Defendant: And that -- and there's two cases that interpret that, too, Anvui, the
Nevada cases, Nevada Supreme Court, Anvui and the Glacier. That's
163 P.3d 413.

Judge: Sir, I agree with you as to the issue of habitability, but not as to the
no cause eviction.

Defendant: This is extremely complicated stuff, Your Honor. I would ask that
you give yourself a chance to read this so -- this summary judgment.
38
Unless you do Counsel Baker to ask you if you just come in here and
all these arcane peripheral points of the law is just -- is too much to
ask of any judge, you know, in my opinion.

Judge: Mr. Baker.

Plaintiff: Yes. Now the exact language from NRS 40.253(6) says, "If the court
determines that is -- that there is a legal defense as to the alleged
unlawful detainer, the court shall refuse to grant either party any
relief, and, except as otherwise provided in this subsection, shall
require that any further proceedings be conducted pursuant to
40.290 to 40.2 -- 420, inclusive." Those statutes contemplated
verified complaint and answer discovery trial, et cetera, Your
Honor.

However, before that language in 40.253(6), it says, "The justice
court or district court shall hold a hearing, after service of notice of
the hearing upon the parties, to determine the truthfulness and
sufficiency of any affidavit or notice provided for in that section."
That's the court's only inquiry at the hearing on a summary eviction,
the sufficiency of his legal defense. The court found specifically that
he had alleged it and if Mr. Coughlin wants to call that a prima facie
case, whatever. The court found that he alleged it, but had not
substantiated it. The court actually took a break to take a look at
the habitability statutes to come back and determine whether or
not if he wants to substantiate that, his legal defense, whether or
not he needs to deposit the rent, and that's what the court
concluded. We're still in summary eviction land.

Judge: All right. Then, sir, I agree that I have not made the requisite finding
that requires a trial at this time. And I -- what he said is absolutely
correct. That all happened.

Defendant: Will I be -- afforded an opportunity?

Judge: You're going to have the opportunity right now to convince me--


39
Judge: -- that by testimony or otherwise, that in this case, you do have a
meritorious defense, all right.

Defendant: Thank you, Your Honor, and I apologize at our last hearing I wasnt
more direct in addressing that right at the outset. I was dealing with
third-party counterclaims and all this compulsory claim preclusion
issues. But that's going to happen to -- especially now I'm trying pro
se trying to navigate the summary eviction process. But to speak
that, Your Honor, I believe I can meet the Celotex Standard of
Summary Judgment. I know that's maybe federal standard and it
would be more appropriate to cite a Nevada-based one, but they're
roughly the same.

Judge: Well, what I want is testimony or factual evidence to support your
claim.

Plaintiff: And we havent sworn, sir. Thank you.

Judge: Well, I have said that already, but he's not testifying yet.

Plaintiff: Well, he's about to.

Judge: I don't know when you're ready to proceed with your case.

Defendant: I am, Your Honor.

Judge: All right. Then I will need you sworn, would you raise your right
hand?

Defendant: Okay.

Judge: Do you swear under penalty of perjury to tell the truth, the whole
truth, and nothing but the truth?


Judge: Okay. You may be seated and you can testify from there. We do
have a microphone. And any documentary evidence you want to
refer to, exhibits, et cetera will need to be presented to the court
and to defense -- I mean to the plaintiff's counsel as well.
40

Defendant: Yes, sir, Your Honor. And just to interject what, for the record, I will
object to they said that this proceeding today had been noticed in
writing as a trial to me and is now being reclassified as a
continuance of summary--

Judge: First of all, sir, you objected to it being a trial so and that he -- it was
your opposition to it being a trial you called to my attention the
issue involved. You've indicated that this was not a proper time for
a trial and I agree with you. It's not the proper time for the trial. The
only purpose of this proceeding today is to determine whether or
not you have established a prima facie case to force it into a trial, all
right.

Defendant: So is that a sua sponte Rule 59 set aside that you've just done, Your
Honor?

Judge: I havent set aside anything.

Defendant: Well, you had earlier ruled that we were on a trial and now it seems
that you set that aside sua sponte under 59(a) and are calling this a
summary eviction proceeding continuation. And I think you have a
right to do that. I'm just

Judge: Well, what I'm saying is it was mischaracterized as a trial today, all
right? It was meant not to be a trial. It was meant to be exactly
what plaintiff's counsel indicated which was, a continuance of the
prior proceeding to make a determination as to whether or not you
had factual evidence to support your allegations that the court had
given you credit for.

And I'll repeat what those are. These are the allegations you made
in the last proceeding, all right? Number one, that there was a
problem with the window, which you indicated was $150 worth,
the stairs, which were $1,250, weeds

Defendant: I'm very familiar with that. I'm familiar with it, Your Honor. If I may
just take the time, I have--

Judge: Okay.
41

Defendant: Things I've worked hard on to -- I'd like to get across within the time
we have.

Judge: Well, then, let's go ahead.

Defendant: Okay. Yes, Your Honor. And just to quickly interject for the record,
the order -- the ex parte order that you indicated you signed it
earlier, actually Justice Clifton's signature is on it, Your Honor. I was
not appropriately served that's why I wonder how it got to Justice
Clifton in time. But I know I'm spending more time on that. I just
want to preserve for the record because there's numerous--

Judge: I think I said I did not sign it, but--

Defendant: There's numerous strange things that have gone on and there's
numerous lack -- there's numerous instances where there's a lack of
proof of service filed on different documents, whereas the
document I received in the mail has a proof of services. Very
curious.

But to get back to the issue at hand with respect to my alleging a
legal defense, I can do that. I'll just give a quick roadmap before I
launch into testimony, Your Honor, and that would be that, one, is
habitability issues. That is a defense in terms of NRS 118A.510--

Judge: I understand the law, sir.

Defendant: Okay. My defense is that it's based on--

Judge: You're testifying as to facts--

Defendant: I asserted a violation of a code or a criminal law or some -- and one
of the codes would be habitability. If I in -- if I alleged that and the
landlord subsequently retaliates me -- retaliates against me by
evicting me on the basis of that, that's protected by the law.
Specifically, to wit, my

Judge: Sir, I'm going to interject again. You are arguing the law.

42
Defendant: I'm giving you a roadmap [INDISCERNIBLE 30:29]

Judge: I understand the roadmap. What I -- it's very simple. What are the
facts--

Defendant: Okay.

Judge: Number one, did you, in fact, notify the landlord that there was a
habitability issue?


Judge: And, specifically, what was it, what date you notified him, where is
the copy of the written documentation?

Defendant: [INDISCERNIBLE 30:47] Your Honor.

Judge: And as a result of that, did the landlord, in fact, file for eviction?


Judge: And the only thing that I have before this court were two evictions
that I'm aware of. One was for non-payment of rent and the second
was a no cause eviction. So, I guess you need to convince me that
the landlord retaliated against you--

Defendant: I do and I need to get it into the record, Your Honor, and every time
I try--

Judge: Yes, and where is it? Where--

Defendant: Every time I try, I'm prevented. If I can just quickly -- if I can have
maybe 90 seconds to do that, Your Honor.

Judge: That's fine.

Defendant: Okay. I'm -- in the record I've submitted emails that Ill attest under
oath here are from Mr. Merliss to me --

Judge: They are not in the record, sir. All they are is appended to--
43

Defendant: They're attached--

Judge: Briefs.

Defendant: Exhibits.

Judge: Yeah. They're not -- and you'll need to get them into the record
because they're not in the record.

Defendant: Well, okay.

Judge: They have not been admitted in evidence.

Defendant: I would like to admit those in evidence now, sir.

Judge: What documents?

Plaintiff: Objection.

Defendant: The ones evidence -- well, see, this is a summary hearing. This isnt
District Court with all the super-technical rules. I'm a pro se litigant.
I want to admit into evidence the emails that I submitted as
exhibits--

Judge: Well, sir, you know something. I am not your attorney, I do not
represent you. You are an attorney. You will need to indicate to me
which exhibit. You have the file. Come up here and grab it.

Defendant: Yes, sir, Your Honor. And I have the docket as well. I'll cite to that. It
would be the tenant's answer, Your Honor. I believe it's Exhibit 2.
It's a -- or Exhibit 1, I'm sorry. It's about 30 day collection emails to
and from -- between Mr. Merliss and I.

Judge: Well, the Supreme Court of the State of Nevada has ruled that it's
not up to the judge to peruse the record and find the documents
that you're referring to. That's your responsibility, sir.


44
Judge: I do have your answer. It starts off with the points and authority, so,
yeah, [INDISCERNIBLE 33:20]

Defendant: Yes, sir. That would be it. September 6th, tenant's answer.

Judge: Well, the one I have was filed October 6.

Defendant: I'm sorry, Your Honor, I -- that's what I meant. The previous case.
The [INDISCERNIBLE 33:36] September but, yes, I have a copy of it
here.

Judge: And the one I have has no exhibits attached to it.

Plaintiff: Mine, either, sir.

Judge: Huh?

Plaintiff: Mine, either.

Judge: So, October 6 has no exhibits. Then we have a Motion for
Continuance, Motion to Strike, Motion for Sanctions. That one does
have some exhibits.

Defendant: Yes, sir. I'm sorry. That's the one and it contains a lot of emails.
They are all in--

Judge: Actually--

Defendant: Chronological order wherein Mr. Merliss--

Judge: What I have, sir, attached, and it's not marked, but as index to
exhibits. Exhibit 1, four pages, Merliss entered into lease agreement
with copy and attached here. And I have 2 of 3, 3 of 5, I don't have
the entire lease, number one. Then I have Exhibit 2, which is a
bunch of pictures--

Defendant: It might be that the exhibit I'm referring to is in the 1492 case, Your
Honor, in a more complete form. That motion -- that tenant's
answer that you're looking at right now and referring to does have
a [INDISCERNIBLE 35:20] Exhibit 3 as the Darlene Sharpe
45
[INDISCERNIBLE 35:21] but there was a exhibit in the original case,
1492, it's 30 pages long.

Judge: Well, we're not hearing additional case, sir.

Plaintiff: Your Honor, I'll object to any exhibits coming in from some other
case that--

Defendant: Well, at our hearing you used the other cases as a means of
indicating that I have had notice of this instant case. So if it goes
that way, what -- you know I--

Judge: I don't -- you were in the case. You were here in court. But I don't
have the exhibits you're talking about so you need to produce
them, if you have other copies of them?

Defendant: Yes, sir, Your Honor. I have them on my computer right now. Well,
to the extent we can't use the court's 1492 [INDISCERNIBLE 36:21]
to refer to that which--

Judge: You know what I'm going to do, sir? I am going to continue this and
you will have to have the exhibits ready to go.

Defendant: I do have--

Judge: What's the first available date we have?

Clerk: [INDISCERNIBLE 36:40]

Plaintiff: [INDISCERNIBLE 36:48]

Judge: Yes, sir?

Plaintiff: Your Honor, I would object to any continuance. Mr. Coughlin has
had ample notice to get his case together. He knew what this
hearing was. He is the one that's filing all these motions to his
exhibits. He has the burden. Mr. Coughlin is costing my client a
massive amount of fees --

46
Judge: Well, I'll allow your client to testify today before he leaves so he
doesnt have to come back.

Plaintiff: Well, Your Honor, Mr. Coughlin has not presented a case yet.

Defendant: And it doesnt depend on -- I can testify as to what the email is
saying and--

Judge: Then testify -- you said you have exhibits.

Plaintiff: If Mr. Coughlin wants to proceed, we--

Judge: I thought you might--

Plaintiff: You might proceed--

Defendant: I agree with the continuance and I--

Judge: Well, I know you agree with it, but--

Defendant: I don't wish to see the order being changed as the last order was. I
agree with the continuance and not just--

Plaintiff: He appealed the order, Your Honor. How can he now say that he
wants the order to stay in place?

Judge: Okay. I am going to -- on this issue, I am going to move forward
because the plaintiff has objected and he has as much right to have
a hearing on this as you do, sir. So let's go forward.

Defendant: So you sustain his objection, Your Honor, and changed your order?

Judge: I didnt change my order. I am not going to continue the matter.

Plaintiff: Yes, sir.

Judge: So go ahead.

47
Defendant: Your Honor, I do have some emails here. In the interest of time and
judicial economy, I would just like to testify as to what they say. At
this point, I can produce them again.

Plaintiff: Objection, hearsay.

Judge: Well, I don't even know what the purpose of the emails is, sir. The
emails from who?

Defendant: There are statements against interest so there's a--

Judge: From who, though?

Defendant: From the landlord to the tenant that's about habitability issue.

Judge: Who -- identify who the emails are from.

Defendant: They're from Matt Merliss, Matthew J. Merliss, MD, [INDISCERNIBLE
magumda]@aol.com.

Judge: Right.

Defendant: This is an email we've written back and forth over a hundred times I
estimate.

Plaintiff: I will also object on best evidence grounds, Your Honor.

Judge: Well, the best evidence of an email is the email or printout of the
email.

Defendant: I have some of the emails here. I'll--

Judge: Some -- you give me whatever you have, sir. I'm giving you a great
deal of latitude.

Defendant: All right. In the filing of October 11
th
Motion to Strike, Motion for
[INDISCERNIBLE 39:27] index to exhibit indicate -- exhibits indicates
on Exhibit 3, six pages, emails from Darlene Shape and Matt
Merliss.

48
Judge: You know what, I'm going to take a five-minute recess. You get the
documents marked up here, whatever you have. At that point, we'll
go forward with.

Defendant: Yes, sir.

Judge: All of your exhibits. You should have them ready by now. So, you
mark them whatever you're relying on, whatever the proof of these
offsets are, which you said you're well aware of, but I've listed and
I'm going to list them one more time so you're clear on it. The
credits are for the window $150 so if you have an invoice for that,
the stairs $1,250, the weeds $350 x 2, which is actually, oh, plus
$250, I'm sorry, $600.

Defendant: I can claim--

Judge: $125 for the garbage disposal and $500 for the mold.

Defendant: Yes, sir. I can claim to Mr. Merliss in writing Fair Housing violations,
Reno Municipal Code violations, and Criminal Law violations, all of
which are protected under 7510.

Judge: It may be protected, but there has to be a foundation for them, sir.

Defendant: Well, I'm an attorney testifying as to that so that's--

Judge: No, I -- no, no. We're talking about something -- two different
things. I'm talking about there has to be a foundation in fact for
them. I understand what you're saying.

Defendant: [INDISCERNIBLE 40:59] 52 is the foundation of that. I'm -- you do
not believe it, but it is evidence--

Judge: Okay. Thats what I'm saying. I have to believe it by a
preponderance of the evidence. So we will come back in five
minutes and we will proceed until we get done. We'll go all day if
we have to, but you will get done, sir.

Bailiff: All rise.

49
Judge: Please be seated. Mark whatever exhibits you have.

50
[INDISCERNIBLE]
Whats his last name again?
Judge: Coughlin.
Coughlin?
Coughlin.
Coughlin.
Judge: And I do have a Mr. Brandon Barkhuff here from Nevada Energy in
response to a subpoena duces tecum and its my understanding all
he has to do is deliver the documents. But is there something more
involved here?
Plaintiff: Well, Your Honor. There was a power issue that happened long
after the eviction notices were served and our first hearing on this
matter itself. I dont know if Mr. Coughlin is going to try to raise
some sort of retaliation based issue for the power. He sprinkled
some of that into his motions. I wanted NV Energy here to testify
regarding why power was turned off. How long it was turned off?
What happened? Who paid the bill, which was my client?
Judge: I have to fine Mr. Coughlin and
Plaintiff: I dont know what hes going to do.
Judge: But, we will I will take him out of turn. He has to leave so.
Plaintiff: And that would be - actually it would be any suitable testifier
[INDISCERNIBLE 1:10] manager, billing, credit operations. So
Judge: But you dont so do you need him here?
Plaintiff: No--no sir I think he needs to be here for his own sake. Hes in-
house counsel, sir, for NV Energy.
Yeah, counsel for the company.
Judge: Oh, oh. Who is it that has to leave?
51
Plaintiff: I do.
Judge: Oh.
Plaintiff: I flew up this morning from [INDISCERNIBLE 1:30], Your Honor, in
response to subpoena.
Judge: Well, what I'm going to do is allow you to go out of turn so we can
get this clarified.
Plaintiff: Sure. I dont even know.
Judge: Mr. Coughlin when you are not here we have a witness from
Nevada Energy with respect to the power which is something you
alleged. I'm going to allow them to testify because they have to
leave to catch a flight at 1 oclock and so they will testify then well
continue this after that to this afternoon. Youll have time to get
your documents and bring them back.
Plaintiff: I have them. Your Honor, if I can just for the record I'm objecting
to the testifying I wasnt appropriately noticed.
We dont want that. I'm good.
Defendant: May I, Your Honor. May I in response to your original I have the
exhibits I need to produce, Your Honor.
Judge: Alright. Well, you didnt get a mark in the five minutes I asked you
to.
Plaintiff: They are marked.
Judge: With the clerk? She said you havent
Plaintiff: Well, Judge, you told me I couldnt approach without you here.
Judge: Who said that?
Plaintiff: The Deputy who was here. I asked if I could set them up
[INDISCERNIBLE 2:33].
52
Judge: Well, then apologize. Sit down, sir because I am allowing Nevada
Energy to testify.
Plaintiff: Yeah, Your Honor.
Judge: And just call the witness.
Plaintiff: Your Honor, I may be able to shortcut this even further. If Mr.
Coughlin is going to raise an issue about the power then I'm happy
to put them on. If he is not, personally, I dont think its relevant
because it happened long after the eviction notices were served.
There was an interruption of power service. But if Mr. Coughlin is
going to raise an issue then we need to get them on and testify.
Judge: Sir, are you going to raise an issue about the power?
Defendant: There has been a lot of things that shocked the conscience, Your
Honor, that have happened.
Judge: Well, are you going to raise an issue about power?
Defendant: Yes, sir your Honor, the interruption of essential services during the
five-day period in which I have to respond in a summary
proceeding. Yes, I am going
Judge: Okay. And that was okay. So we know that
Defendant: To the extent I can, Your Honor.
Judge: Do we assert, do we know that date that youre raising the issues
for?
Defendant: The date I'm raising it, Your Honor?
Judge: You said it was the five-day period in which you had to respond.
Defendant: I believe it was the same day Mr. Baker showed up for an inspection
with a videographer. I believe that was October 4
th
, was it Lee? In
my response [INDISCERNIBLE 3:53].
53
Judge: Well, you have a you know when the five-day notice was so lets
hear the testimony so we can get this out of the way.
Plaintiff: I apologize. I [INDISCERNIBLE 4:02] purpose of representing NV
Energy on subpoena. Its Brandon Barkhuff. I'm assistant general
counsel for NV Energy. Nevada state bar number 8958.
Judge: And you are you objecting to the testimony of the witness?
Plaintiff: No.
Judge: Oh, okay.
Plaintiff: I just I have made my formal
Judge: Oh, no, no. Thats fine. I appreciate you being here. Were trying to
get you out of here.
Plaintiff: Thank you. I appreciate that, Your Honor.
Judge: So if you can send up your employee
Plaintiff: That probably be [INDISCERNIBLE Denise Tsuda 4:31], your honor.
Judge: Alright.
Plaintiff: Plaintiff calls for Miss Tsuda from NV Energy, Your Honor.
Judge: Youll come up here, maam. Well try and do this as quickly as
possible. Up to -- the stand is right over here. And
Defendant: Your Honor, just to clarify the objection. [INDISCERNIBLE 4:43] I
believe you, you indicated that I would have no opportunity to
raise -- to bring in third parties or make counter claims in this
summary.
Judge: This is not a third party counterclaim. This is a witness presumably
with respect to allegation youve made that the landlord cut-off the
power.
Defendant: What is that have to do with the purpose in this hearing?
54
Judge: Purpose of this hearing was to establish whether or not you have
presented evidence convincing me that you have a prima facie case
for retaliatory eviction.
Defendant: So essentially Mr. Baker wasted theres more people stand by
having them come to the hearing to testify that conduct which
occurred after the notice of eviction was served. How will that be
retaliatory?
Judge: Sorry, you already said that it shocked the conscience. I, sir, sit
down, because I will have you escorted out of the courtroom.
Defendant: Yes, Sir.
Judge: Go ahead, sir.
Plaintiff: Your Honor, if Mr. Coughlin doesnt believe it relevant I am happy
to dismiss the witness. He raised the issue.
Judge: No, I want you to proceed at this point.
Plaintiff: Thank you, sir. Miss Tsuda would you please state your name and
spell your last name for the record?
Miss Tsuda: Denise Tsuda. T-S-U-D-A.
Plaintiff: And what do you do Miss Tsuda?
Judge: Youve already objected sir. Your objection is overruled.
Defendant: I have to state the basis to preserve [INDISCERNIBLE 6:19].
Judge: Okay youre objecting on relevance ground and your objection of
relevance grounds is overruled.
Defendant: Yes, Your honor.
Plaintiff: What do you do Miss Tsuda?
Miss Tsuda: I'm the manager billing, credit operations at NV Energy.
55
Plaintiff: Okay. And you are here to pursuant to subpoena today, is that
correct?
Miss Tsuda: Yes.
Plaintiff: Okay. Did you bring documents with you?
Miss Tsuda: Yes.
Plaintiff: Okay. I'm going to ask you just a few questions about those
documents? The property were discussing here is 121 River Rock
Street, Reno, Neveda . You have your file on that property?
Miss Tsuda: Yes.
Plaintiff: Okay and specifically we want to talk about the time period from
February 2010 to present, are you prepared to do that?
Miss Tsuda: Yes.
Plaintiff: Okay, Who is Your Honor may I sit while I question?
Judge: Yes, you may.
Plaintiff: Thank you, sir. Miss Tsuda who is the customer of record for 121
River Rock Street, Reno, Nevada at this time?
Miss Tsuda: Matt Merliss.
Plaintiff: Has the has the identity of the customer of record changed at any
time from February 2010 to present?
Miss Tsuda: Yes.
Defendant: Objection, Your Honor, irrelevant.
Judge: Overruled.
Plaintiff: When did that change takes place?
Miss Tsuda: On April 6
th
2010 to June 27
th
2011 the service---
Judge: Can you repeat those dates April
56
Miss Tsuda: April 6
th
2010 to June 27
th
2011 service was in the name of Melissa
Ulloa. U-L-L-O-A.
Plaintiff: So if I understand correctly that changed as of June 27 2011?
Miss Tsuda: Yes. On June 27
th
it went into the name of Matt Merliss.
Plaintiff: Can you tell us why?
Defendant: Objection, Your Honor, foundation [INDISCERNIBLE 810].
Miss Tsuda: Melissa Ulloa.
Judge: Objection overruled.
Plaintiff: Youyou answer.
Miss Tsuda: Melissa Ulloa called and requested a move out of service and that
was placed
Defendant: Objection, Your Honor, hearsay.
Judge: Objection overruled. Business record exception. Go ahead.
Miss Tsuda: The service was put back into the name of Mr. Merliss. He has what
we called as Standing Order so when a tenant moves in it goes out
of his name when a tenant moves out it goes back into Mr.
Melissas name automatically.
Plaintiff: Okay. When Miss Ulloa called, did she identify any co-tenant that
would be remaining in the property?
Miss Tsuda: No.
Plaintiff: She just said shes moving out.
Miss Tsuda: She just requested a move out order.
Plaintiff: Okay, so pursuant to the standing order it reverted back to in
Defendant: Objection, Your Honor, relevancy in foundation. Theres no
indication as witness talked to Miss Ulloa. If she is referring to some
records Id like a copy of them.
57
Judge: You have an opportunity, do have records?
Miss Tsuda: I do.
Judge: Are you referring to the records?
Miss Tsuda: Yes.
Judge: And why dont you lay a foundation with respect to the records and
will put them in evidence?
Plaintiff: Miss Tsuda the testimony that you just gave regarding Melissa
Ulloas telephone call. Do you have records in your file that you
brought here today that indicate when that call took place and
what the content was?
Miss Tsuda: Yes.
Plaintiff: Okay. Can you please--
Miss Tsuda: I have this the order that was placed.
Plaintiff: Yes.
Defendant: Are those marked, Your Honor?
Judge: We are going to have a mark butbut I guess [INDISCERNIBLE 9:50]
foundation for all these records so we can get them all in and done
with. if theyre going to be admitted.
Plaintiff: Letslets do it that way. Miss Tsuda you have in your hand if I
understand correctly your entire file on this matter, is that correct?
Miss Tsuda: Yes.
Plaintiff: Okay. Are those records normally kept in the ordinary course of NV
Energys business?
Miss Tsuda: They are part of our customer information system.
Plaintiff: Okay and those were the records youll be relying on to testify
today?
58
Miss Tsuda: Right.
Plaintiff: Your Honor, Ive moved to admit the file produced by Miss Tsuda
from NV Energy.
Judge: [INDISCERNIBLE 1020]
Defendant: Objection, Your Honor. I wasnt provided any evidence
[INDISCERNIBLE 10:24].
Judge: Come up and look at them.
Defendant: Come up and look at them?
Judge: Yes.
Defendant: Am I going to be given a copy? Are they marked as my exhibits
must be [INDISCERNIBLE 10:32].
Judge: Were going to mark them --
Miss Tsuda: I have two copies.
Defendant: Thank you.
Judge: Can you give him a copy?
Defendant: Do you have for the court? Doesnt the court need a copy as well.
Judge: The originals is going to be filedone copy is going to be filed as
the original with the court, the other copy is going to be given to
you. Alright, so counsel can you come up and give him his copy?
Miss Tsuda: I still got two copies.
Defendant: Is that the original?
Miss Tsuda: Yes.
Defendant: Yes I think.
59
Judge: You each have a copy the other and the original have marked as
exhibit and I dont know if you havedo you have any exhibits
here?
Miss Tsuda: No, sir.
Judge: Okay, this will be plaintiff Exhibits A. If you give it me Ill have it
marked. This whole stake?
Miss Tsuda: Yes.
Judge: I'm going to have to clip them together. I do. Heres one.
Miss Tsuda: [INDISCERNIBLE 11:45].
Judge: Oh Ill take yours and I can use it for mine. Thanks alright.
Plaintiff: Thank you. Miss Tsuda do you have in your hand the documents
you produce that had now been marked as plaintiffs Exhibit A. Id
like to take a moment and walk through those if we could, please.
Miss Tsuda: The top sheet shows the three accounts that Melissa Ulloa has had
with us.
Plaintiff: Okay.
Miss Tsuda: 931 Forest is an inactive account. 221 River Rock is an inactive
account and theres an active account at 782 Grand Canyon
Boulevard.
Plaintiff: Okay. Can you please point us to the document in plaintiffs Exhibit
A that shows when Miss Ulloa called in and changed service?
Miss Tsuda: The fourth sheet back about an inch down where its say SO type
its say MVOT thats a move out order that was placed. The day that
was created was June 22
nd
for any day or when the service would
be disconnected or turned off of June 27
th
.
Defendant: Objection, Your Honor. I think theres probably some privacy basis
on which I can ascertain to have, you know, account records
whether or not I was a tenant in place certainly NV Energy is fond of
60
asserting even if someones not on the bill, oh you live there. You
cant do this or that. Well, can that person assert a privacy basis for
not having
Judge: I dont know who the person is. Is she here?
Defendant: Thats my former co-tenant. So, she is not here.
Judge: I understand, but is she here to assert an objection?
Defendant: No. But, I'm here and if I was her co-tenant
Judge: Are you representing her?
Defendant: No, sir. But my point is this that NV Energy seems to Ive heard
they have a policy where they say, well you are living there. So you
cant have power in your name because you are benefitting. Well, if
they assert is that way, why couldnt that same person assert a
privacy objection to NV.
Judge: Well, first of all, I dont even know who this person is. So you said
she was your co-tenant. I'm not quite sure I know how this is linked
to the interruption of service but is there any dates that there
werent service provided to that residence or was there an
interruption of service at some point?
Miss Tsuda: There was an interruption of service for a disconnection of non-
payment on October 4
th
.
Judge: October 4
th
.
Miss Tsuda: When it was in the name of Mr. Merliss.
Judge: And that was -- for what period of time was it interrupted?
Miss Tsuda: Less than 24 hours. It was turned back on on October 5
th
.
Defendant: Can we get an exact time on that?
Miss Tsuda: I do not have an exact time on when it was turned back.
Defendant: Well, then how can you say its less than 24 hours?
61
Plaintiff: Your Honor, is he cross-examining or what?
Judge: Alright. I'm just trying to ask but I just prior to October 4th, it was
in Mr. Merliss name or Dr. Merliss name from June 27
th
till
October 4
th
.
Miss Tsuda: Yes, and then its currently in his name.
Judge: Alright. So, alright.
Plaintiff: Miss Tsu, just a couple of more questions. When the service was
disconnected on October 4
th
, who paid the bill to turn it back on?
Miss Tsuda: Mr. Merliss.
Plaintiff: Do you know the amount of that bill?
Miss Tsuda: The amount that he paid was $379.99.
Plaintiff: Okay. Do you know
Defendant: Objection, Your Honor. Foundation [INDISCERNIBLE 15:53].
Judge: Well, overruled.
Plaintiff: Are you referring to the document?
Judge: Court finds that these are business records and further the best
evidences the copies of the records which have been presented to
the court and are admitted.
Plaintiff: Thank you. How long since, excuse me prior to October 4
th
, how
long since the payment had been made on the account? Can you
tell us that and identify document if you can?
Defendant: Objection, Your Honor. The relevance of this point we spent 10
minutes on this. I dont know how this has anything to do with the
reason why were here today.
Judge: Well, sir, if you had not made the argument that your service was
interrupted in retaliation it wouldnt be relevant. But you did make
62
that argument. If you want to withdraw that argument I will allow
her to leave and were done with this.
Defendant: That would be post-eviction notice retaliation, is that relevant?
Judge: You were the one who said it was, sir.
Defendant: I was already served an eviction notice by the time this occurred.
Judge: Yeah, and you said in retaliation they shut off the utilities.
Defendant: I said I'm entitled to $1,000 statutory damages because that
happened and maybe damages from NV Energy because they didnt
notice the residence. And if somebody was on life support in there,
and further Id like to know why you say its less than 24 hours. And
then you say you cant tell us when it happened. How do you know?
Miss Tsuda: Because theres a date on the reconnect order [INDISCERNIBLE
17:24].
Plaintiff: [INDISCERNIBLE 17:25] I want to make sure [INDISCERNIBLE 17:27].
Okay, if its his turn to cross-examine I'm happy to have her answer
questions. If its not his turn Id ask him to follow protocol of direct
examination followed by cross-examination.
Judge: I think, is there anything he says this is not an issue. So I'm going
to excuse her and going to fine that the post-eviction retaliation is
irrelevant to these proceedings.
Plaintiff: Thank you, sir.
Judge: And youre free to go.
Defendant: Just to preserve, Your Honor. I'm not withdrawing any counterclaim
I have towards NV Energy.
Judge: Thats a separate case. You are and you have now. So far as this
court is concerned indicated that it is irrelevant to these
proceedings the no cause eviction as to whether or not there was a
retaliatory post filing landlord retaliation subsequent to the filing of
the eviction. You said that clearly, alright.
63
Defendant: I'm not conceding that, Your Honor. I'm just saying the way youre
characterizing this hearing I'm objecting on the basis that if I'm not
allowed to serve counterclaims, permissive, compulsory or
otherwise, and if this is not a trial, if this is a summary proceeding
Judge: I didnt say youre not allowed to assert counterclaims. What I said
is, sir, in this proceeding and just so were clear on this, were
talking about a no cause eviction. And I said the only relevance is
whether or not the no cause eviction itself was retaliation. Youre
saying that this shut off occurred subsequent to the no cause
eviction and therefore was irrelevant. You objected to it. I agree
with you. She is free to go.
Plaintiff: Thank you, Your Honor.
Third party: Your Honor, thank you for the court [INDISCERNIBLE 19:23].
Judge: Youre welcome. So we will continue till 1:30 and the problem is I
dont know what else I have at that time so we might have to
continue to a different date.
Clerk: [INDISCERNIBLE indiscernible 19:50]
Judge: Alright, can you do that? Yes, sir?
Plaintiff: Well, Your Honor, I just for my clients sake who has to travel here
from out of state and weve got another witness subpoenaed. If Mr.
Coughlins going to present his testimony Id like to just get this
done today. He is living in a house for free.
Judge: Sir, I cannot do something if I dont have the time to do it.
Plaintiff: No, I understand. I understand.
Judge: And I did not anticipate we would be taking this long. So, I would
accommodate your client. He can appear by phone if he wishes.
Plaintiff: That would be wonderful. Thank you.
Defendant: I just log my objection to that for the record.
64
Judge: Yeah, you can object, but I'm going to allow him to appear by
phone. He is here today. So far as I'm concerned we spent at least
half hour not presenting evidence on your behalf. And the next
court date, sir, and I'm talking to Mr. Coughlin, I will insist to have
all your exhibits marked and ready to go and I will allow you to
present them to the clerk. I dont know why the bell stopped you,
but I did order that you present them to the clerk. So, you should
have been able to do that. You can bring them in between now and
the next hearing whether its today or in the future. But if we go
past November 1 you will have to deposit the rent for November 1.
And I think I made that clear to you and you can object if you wish.
You can appeal my ruling if you wish. I think youve already done
that but I am not granting you a stay of these proceedings.
[22:00 24:00 LONG PAUSE]
Plaintiff: Your Honor, [INDISCERNIBLE 24:04] the clerk was doing recess I had
no idea what he wanted to do with it.
Judge: Okay. I had told him intowhile I was out to deliver them to have a
marked by a clerk and she explain to me he hadnt that so
Plaintiff: Thats my mistake I was hearing [INDISCERNIBLE 24:22]
Judge: Yeah while it was clear I wanted him to do that so-
Clerk: Theyre going to have Judge Denon doing your small claims for this
afternoon and so we can continue.
Judge: Alright, will continue at 1:30 then. And as I said, the client if hes
going to go back, can go back and appear by phone or he can stay
either way.
Plaintiff: Thank you, Your Honor.
Judge: Alright, we willsee you back at 1:30 then. Yes sir. Who are you --?
Randy Fisher: Randy Fisher. I am witness for the plaintiff. I have some spectrum
system that I need to shut off this afternoon and I do know
65
[INDISCERNIBLE 25:03] if need a phone testimony by me I could do
the same.
Plaintiff: Your Honor, If I can make an offer proof here Mr. Fisher is a
handyman that was sent to the property by my office to address
habitability issues identified by Mr. Coughlin. He went to the
address after notice was given to Mr. Coughlin and Mr. Coughlin
wasnt there---
Judge: Well, why dont we just---testify by phone and when you ready?
You have a cell phone, sir?
Defendant: Your Honor, similar to most of the witnesses that are called, Mr.
Fisher was sent with less than 20 hours notice. It was e-mail notice
the lease calls for 48 hours written notice. So I dont know why his
time has been taken up. I dont know what he could possibly testify
to. The lease says 48 hours notice its a law office. It is not a college
kids dorm room where you can just barge in at any moment.
Judge: Sir, the question was-- as I understand it, he responded to your
complaint about habitability.
Judge: Which the landlord is supposed to address in quicker than 48 hours
if it is a true habitability issue. In fact, the statute clearly indicates
its going to be done within 48 hours.
Defendant: And I believe over 14 days have passed.
Plaintiff: Your Honor, I will present proof that Mr. Coughlin was given notice
within 14 days but more than forty-eight hours that Mr. Fisher was
going to be there. When Mr. Fisher got there to address the
habitability issue Mr. Coughlin wasnt there. I got the e-mails right
here. I cannot [INDISCERNIBLE 26:34].
Judge: Well then, just have your witness available by phone since hes
indicated that he could be available by phone if or either that or
arrange with him that youll do him precisely at 1:30 or something.
66
But we got to hear from --at some point we have to hear from
defendant so
Plaintiff: [INDISCERNIBLE 26:57] Miss Merliss tenant was -- this is similar
what it was like being Mr. Merliss tenant constantly waiting on
him, constantly working around his schedule.
Judge: Okay. Well Ill decide that this afternoon well see you back at 1:30.
Plaintiff: Thank you.
Judge: And alright. Youre all free to go.

67
Judge: Please be seated. What we are going to do, some items and some
confusion earlier this morning. I want to make it crystal clear that
this is a continued hearing pursuant to NRS 40.253 and the burden
is on the landlord first to establish a prima facie case for the
unlawful detainer action. And so Im going to have the landlord
present its evidence with respect to the lease and the no-cause
eviction. Then the defendant will have the opportunity because I
think the only issue then is whether or not this unlawful detainer
action no-cause eviction is a retaliatory eviction and you will, the
defendant will need to meet the requirements for a retaliatory
eviction as set up in the statute. And Im going to limit you to your
presentation with respect to those issues. I know you brought up a
lot of other things, one of them being a demand for a jury trial
which the court finds is not kindly and that request is denied. And,
but you will need to meet the requirements under 118A with
respect to retaliatory eviction. And if youre testifying or presenting
evidence outside that I will rule against you on those issues. So, we
will start first with the landlord and you will need to present the list
or whatever documentation you have to support the original
tenancy and that it was a month-to-month tenancy and that the
proper notice was given etc.

Plaintiff: Thank you, Your Honor. NRS 40.254, I believe, is the operative
statute here. Pursuant to the courts policies in that statute the
landlord has filed his affidavit in this matter. I dont know how
many additional copies I have here but that is in the courts files. I
believe actually Your Honor I have submitted at the last hearing
which was presented as

Judge: I have the no-cause termination notice to vacate under NRS 40.251
subsection 1.

Plaintiff: Correct.

Judge: And that ---

Plaintiff: There was a there was the no-cause termination notice to vacate
that was served on August 22nd. There is the subsequent five-day
notice of unlawful detainer summary notice of summary eviction
68
that was served on September 27th. Those were fully provided to
you.

Judge: What is that? The 30-day notice was served on August 22nd.

Plaintiff: Thats correct, sir.

Judge: And I have an Affidavit of Service when I have signed by [Joel
Durban 3.50].

Plaintiff: Thats correct, sir.

Judge: Nevada Court Services.

Plaintiff: Yeah.

Judge: So, the purposes of this hearing Id like to have that marked ---


Judge: --- as landlords B.

Plaintiff: Ive got an additional copy of you need it sir or ---

Judge: Well, if you want to compare to this one make sure its ---

Plaintiff: Weve only ever had one of these.

Judge: Well, okay this will be marked as Exhibit E.

Plaintiff: Your Honor I have ---

Judge: Then I have the five-day notice of which is attached in the notice of
hearing out of the court, I dont know. Im going to we have the
notice of summary eviction which was dated ---

Plaintiff: Your Honor, there are two of those floating around here and I could
clarify for you.

Judge: I have one dated service September 27th.
69

Plaintiff: Correct. There is one that I served to Mr. Coughlin on September
27th hearing. After that I went ahead and had it also served by
Nevada Court Services which is actually two.

Judge: I dont know that I have that.

Plaintiff: Here.

Judge: Okay, Im going to ask the court to mark this as Exhibit C.

Plaintiff: And your Honor, does the court have in its file, sir, the landlords
affidavit, that was provided at the last hearing but I dont know if it
was marked [6:10]

Judge: I do have a actually I dont know whose exhibit Cs are, so, did you
file exhibits like this?


Judge: Well, then ---

Plaintiff: Well, we dont file [6.30] standing like that, no. But we use this, it
looks like our coversheets.

Judge: How about unlawful, the [Gaynor 6.38] affidavit ---

Plaintiff: Yeah, looks like ---

Judge: --- signed in front of a California notary.

Plaintiff: May I pursue?

Judge: Yeah.

Plaintiff: Yes.

Judge: But this doesnt ---

Plaintiff: I believe that is the ---
70

Judge: --- I actually have a date that was signed but it was signed [7:00]

Plaintiff: Yes, sir. October 10th by Matt Merliss.

Judge: Yeah.

Plaintiff: He signed as this is the full copy. Yeah, thats correct. Thats
probably exhibits to that, sir. Should be the two notices. The third
one is ---

Judge: We [7:17]

Plaintiff: Okay.

Judge: Right. Im trying to get.

Defendant: Your Honor, if I can just quickly interject an objection for the record,
Im trying [7:26] knowing with the objections but. It is in the
statute, it was fairly specific but unclear to me whether [7.35] to
mailing is required. You know, process here was involved so maybe
its not [7:41] downstairs. They attached that USPS certificate.

Judge: Thats when you post them that.

Plaintiff: Which is attached here, sir.

Defendant: Its part of the services [7.50]

Judge: Well, I dont know if sir, I havent even want that it, right now all
Im doing is having the exhibits marked.

Plaintiff: Your Honor.

Judge: If it was served by posting and mailing then it is required that they
be mailed in this certificate of mailing. If it were served in person
then its different.

Defendant: Just, just [8.10] Your Honor there might be negative [authority to
try to some -- ] because it seem like maybe if they have a process
71
how to do it, we didnt have that [8:19] mailing. But I dont know
and certainly

Judge: Right.

Defendant: [8.23] your knowledge and expertise are.

Judge: I havent thought to that yet, so what ---

Plaintiff: Your Honor, this exhibit 1 and 2 goes to the landlords affidavit. For
some reason its tackled with these I dont think we did, I think
thats a courts file, the courts order and things.

Judge: Well, everything has got mixed up in here, so.

Plaintiff: Ive got fresh copy with just exhibits if you want to have [8.50]

Judge: It looks like this is the lease.

Plaintiff: Yes, that was introduced at the hearing. The only thing that goes
with the landlords affidavit is exhibit 1 and 2 which were the two
notices that you have in your hand there. And what I will point out.

Judge: Alright, wait a second. No need to point it out. So, exhibits 1 and 2
go with ---

Plaintiff: The landlords affidavit.

Judge: Which is ---

Plaintiff: It was right here.

Judge: Here?


Judge: So, this will be marked. Im going to take this exhibit 1 and 2
because were doing it says as C or this would be D. We will need
that stapled together.

72
Plaintiff: The affidavit C, sir?

Judge: Huh?

Plaintiff: the affidavit in --

Judge: The landlords affidavit is D.

Plaintiff: D.

Judge: The notice of termination, no-cause termination is B; the five-day
notice unlawful detainer for failure to vacate is C.

Plaintiff: Okay. Your Honor, with ---

Judge: Before we get into that though Im trying to straighten up this file.
Im going to put my orders on the left so I can find them. Okay.
Service must be pursuant to 40.250 and 40.280 sets the method of
service. Okay, so youre on exhibit C, exhibit C is the five-day notice.

Plaintiff: Go on.

Judge: Yes.

Plaintiff: There are two of those documents. I just want the court to be clear.
On September 27th at our hearing I personally hand delivered one
of those to Mr. Coughlin. I dont know which one you have in your
hand.

Judge: Well, this one ---

Plaintiff: The [13:00] service will say.

Judge: --- is, I dont know who its signed by, to see you have to come up
and look at it. It says [J. Dortmund 13.16]

Plaintiff: Okay, thats, thats [13:19] what happened, Your Honor, was on
September 27th I handed one of these to Mr. Coughlin at the
hearing. When I get back to the office I thought perhaps thats not
73
appropriate you better have it served as well. So, we had it served
this well. The court has the correct one.

Judge: Alright. Well, this one shows service by J. Dortmund.

Plaintiff: Yes.

Judge: And it indicates by posting a copy.

Plaintiff: And mailing, sir.

Judge: Where is the US certificate postal service mailing?

Plaintiff: Your Honor, I have the original here. Im going to see what these.

Judge: I do have a copy of them [14.40] envelope.

Plaintiff: Thats generally what we get back from them, sir.

Judge: But the certificate of mailing is a little form.

Plaintiff: Well, Your Honor, these the affidavit declaration of service which
is page 4 or 5. And this is US Supreme Court form. This is what they
filled out when they posted in mail. Generally they will give us a
photocopy of the envelope as well. But I dont see that on this.

Judge: So, the envelopes here I have.

Plaintiff: Okay.

Judge: But not there is the United States Postal Service certificate of
mailing. However, the statement signed by the tenant and the
witness acknowledging the tenant received the notice or B, a
certificate of mailing issued by the United States Postal Service or C,
the endorsement of a sheriff constable or other process server
stating the time and manner of service. So ---

Plaintiff: Thats what we have here, sir.

74
Judge: And thats what the defendant was arguing with ambiguous but I
have ruled previously that if it is a licensed process server, the
certificate of mailing is not required if they fill out the affidavit as
they have done in this case. And, so, to the extent that that is your
objection I am going to hold that the exhibit C meets the statutory
requirements. And exhibit C is further incorporated and exhibit D
does contain the which is exhibit 1 attached to exhibit D has the
envelope showing the postage and mailing on August 22nd to
Zachary Coughlin so, and towards any doubt about it I do find it the
proper certificate has been furnished to the court. That means the
requirements for the five-day notice and five-day notice was given.
It appears more than 30 days after the exhibit B the August 22nd
which was the 30-day no cause. And then we have September 27th
actually I think I was told about the wrong document around here.
September 27th was the when I talk about the five-day notice
previously and the envelope I was actually referring to the August
22nd 30-day notice. The five-day notice was served more than 30
days after the 30-day notice so, that meets the statutory
requirements. Then we have Im going to mark as exhibit do we
have exhibit E where the okay, exhibit E is going to be the lease
agreement.

Plaintiff: Your Honor, may I ---

Judge: Well, go ahead.

Plaintiff: I have such point out sir, the landlords affidavit exhibit D is on the
form provided by this court. The US Supreme Court has, as you
know, we have these forms, the eviction notice forms. However,
they dont have an affidavit form for [19.26]. So, we submitted the
unlawful detainer affidavit exhibit D signed by Dr. Merliss. However,
going back and just looking at the stature theres a make sure were
covered NRS 40.254, I, as the landlords agent file a declaration on
October 19th which addresses the items in NRS 40.254 sub 2. I have
just one point to have to the court ---

Judge: No, I dont have that I dont believe. Where is that?

Plaintiff: That was filed on October 19th, sir.

75
Defendant: [20.04] objection as to not having the landlord making that
declaration and hopefully it serve as [20:14].

Judge: Well, Im not ruling whether or not that meets the requirements
but the affidavit can be filed at the hearing. The landlords affidavit
so.

Plaintiff: Yes, which it was the last time.

Judge: Huh?

Plaintiff: Which it was the last time. I just want to be sure that his courts
form that the statutory requirements. So, when we look at NRS
40.254, it authorizes an affidavit the landlord or the landlords
agent, I signed the affidavits or the ---

Judge: But I do not find in that affidavit thats what Im trying to say. You
filed that on what date?

Plaintiff: October 19th sir, at 3:41PM.

Judge: Okay, I have a letter from you.

Plaintiff: All I have is my file stamp copy.

Judge: I have the notice of appeal to district court which was notice of
entry of order dated October 18th. And I have this declaration is
that what youre talking?

Plaintiff: Yes, declaration of Casey Baker.

Judge: Alright. Ill have that marked as exhibit F. So, we have so, let me
look at exhibit F.

Defendant: And just I quickly state for the record Your Honor, the authority for
strictly construing the proper notice requirements I know you will
[22.35] but just preserve it [22:40]

76
Judge: Well, Im aware of that but what youre finding was not compliant
with the, I mean, what youre arguing was not compliant with strict
rules.

Defendant: That [22.50] with respect to if a licensed process server [] he also
have to go and spend money to certificate of mailing to me it was,
in a little bit.

Judge: The [23.00] licensed process server because they are required to
meet certain standards [23:09] get license.

Defendant: No.

Judge: Yes, the presumption is licensed process server is less likely [23.14]

Defendant: I guess just from my point of view some of the things I had
experienced recently with

Judge: Well, sorry Im overruling your objection because I do find that it
meets the strict requirements of the statutory.

Defendant: Ive just heard details of process servers going to [23.30]

Judge: Alright, sir. But thats not evidence in this hearing either.

Defendant: And [23.38] statements about [23:41].

Judge: You have the opportunity to subpoena the process server in this
case. Okay, lets just so your affidavit sir, I do need someone to
testify us to whats contained there and about the lease etc.

Plaintiff: Okay.

Judge: Since we are doing a hearing here, I do have exhibit E and you are
the counsel so I would prefer to have your client do the actual
testimony on the

Plaintiff: Thats fine, sir. The affidavit was submitted pursuant to statute as
the landlords agent and

77
Judge: No, I know but you are not going to be testifying today, right?

Plaintiff: I dont think so unless we get to that.

Judge: Alright. So, the issue before me is whats alleged in your affidavit at
least that portion which starts at the, I think its page 2, starting at
paragraph 8, if we can.

Plaintiff: Yeah.

Judge: And you can remain there if you wish, Doctor, if you will please
raise your right hand. Do you swear under penalty of perjury to tell
the truth, the whole truth and nothing but the truth?

Doctor: I do.

Judge: Alright. Please be seated. Would you proceed then with
examinations?

Plaintiff: Okay. Your Honor.

Judge: Maybe we can refer to exhibit E which is or whatever or you want
the landlords heres

Defendant: Well, what I need is.

Judge: exhibit D and E which has all the documents if you need.

Defendant: Yes, sir. Okay, one moment, it thought we had covered it. The last
hearing so, just trying to find my own copies.

Judge: Wow, why dont you use the courts copies so we can expedite this,
Im just trying to make sure we have a record because I do not
remember precisely what was covered at the last hearing. I do not
think that we had your affidavit wasnt even filed [26.16] at the
last hearing.

Defendant: Thats correct but the landlords affidavit was.

78
Judge: Yeah, I understand but the landlords affidavit didnt have
everything in it that you allege in your affidavit.

Defendant: I understand, sir.

Judge: Alright.

Defendant: Doctor Merliss, will you please state your name as spell your last
name for the record?

Dr. Merliss: Matthew Joel Merliss, M-E-R-L-I-S-S.

Plaintiff: Thank you. And you are the owner of 121 River Rock, Reno,
Nevada?

Dr. Merliss: Yes.

Plaintiff: Okay. [26.46] whats been marked for identification purposes as
plaintiffs exhibit E. Do you recognize this, doctor?

Dr. Merliss: Yes.

Plaintiff: Okay. What is it?

Dr. Merliss: Its the altered lease agreement.

Defendant: Im sorry, objection did I get copy of this, [27.16]. Was I able to use
the courts records to because Im [27:20].

Judge: I did say you could use the courts records. I said, you had to come
get the documents from me. I couldnt find the documents they
were in your court record, sir.

Plaintiff: Thats good.

Judge: Thats the difference. I mean, I would have used your copies.

Plaintiff: I was from the old case, my mistake, Your Honor.

Judge: Okay. Proceed, sir.
79

Plaintiff: Is this the lease agreement with Mr. Coughlin and Ms. Ulloa for 121
River Rock, Reno, Nevada?

Dr. Merliss: Yes.

Plaintiff: [27.55] admit plaintiffs exhibit E, Your Honor?

Judge: Any objections, sir?

Defendant: No, sir, Your Honor.

Judge: E is admitted.

Plaintiff: Thank you, sir. I want you to take a look at exhibit E, please. Can
you tell me, sir from looking exhibit E when the tenancy
commenced?

Dr. Merliss: February 2010.

Plaintiff: Okay.

Dr. Merliss: February 20th.

Plaintiff: I want you to take a look at paragraph 2, fourth line down. It says,
excuse me.

Defendant: Im sorry, objection. I was authorizing the copy?

Judge: Of the lease? You have a copy of the lease. But if you dont come up
here, Ill give you one.

Defendant: As long as it Your Honor, when I submit documents I can say well,
you got a copy of that [] summary judgment [] no problems [] the
right one but Im [] referred Counsel Bacon said

Judge: Here, please come up, sir. And this

Plaintiff: I have a copy, Your Honor. In the file

80
Judge: Well, wait a second. This was furnished to you in last

Plaintiff: Last hearing.

Judge: this is I do want you to come up, I do want you to come up, sir,
and look at this. If you do not have this then I will stop and well
make copies.

Plaintiff: Yes, sir. I have it. Its just, when it comes time for me to give [29.30]
I want. [] I might need to say

Judge: As long as he has them we will

Plaintiff: Okay.

Judge: We will accommodate you but if the court doesnt have a copy I
have direct copy. These were in the court files. Alright? Okay.

Plaintiff: Thanks.

Judge: Proceed, Mr. Baker.

Plaintiff: Let me just rephrase my question. Dr. Merliss, please look at
paragraph 2 of the lease exhibit E.

Dr. Merliss: Terms?

Plaintiff: Yes. Do you see on the fourth line where the lease states
commencing on the first day of March 2010, do you see that?

Dr. Merliss: Yes.

Plaintiff: Okay. Is that your understanding when the lease began?

Dr. Merliss: Yes.

Plaintiff: And what was the term, how many months?

Dr. Merliss: Thats for 12 months.

81
Plaintiff: Okay. So, if the terminal lease was 12 months and it began on
March 1, 2010 when it would have ended?

Dr. Merliss: Yes, March 1, 2011.

Plaintiff: Well. One year, right?

Dr. Merliss: Yes.

Defendant: Objection, [30.52]

Dr. Merliss: Yes, would be one year.

Judge: The objection is sustained but the answer is one year, so.


Dr. Merliss: Would be one year.

Plaintiff: Alright, thank you. So one year would be February 28, 2011, is that
correct?

Dr. Merliss: Yes.

Plaintiff: Will you please go to the next paragraph, paragraph 3, and titled
hold over, do you see that?

Dr. Merliss: Yes.

Plaintiff: Will you read the first full sentence in that paragraph? How about
the

Dr. Merliss: [31.20] agreement or any changes [properly agreed ] to will remain
in the fact on a monthly basis after the initial term.

Plaintiff: Thank you. Your Honor, this point Dr. Merliss has already
authenticated the service of the eviction notices and I believe that
covers everything in my affidavit that was different from his.

Judge: Alright. Then I will admit B, C, D, E, and F.
82


Judge: And I will need the originals back from you. Do you have any cross
examination, sir?

Defendant: Yes, sir, Your Honor. Excuse me. Good afternoon Dr. Merliss, did
you ever refer to [42.44] as entitle?

Plaintiff: Objection, Your Honor. Number 1 is argumentative, number 2 is []

Judge: I didnt even hear the questions, sir, [32.50] repeat the question?

Defendant: I asked Dr. Merliss if he had ever referred either verbally or in
writing to myself, the tenant, as entitled?

Judge: Entitled?

Defendant: Entitled, [33.02] entitlement.

Judge: I dont understand the question. Entitle to what?

Defendant: Something else the types of people he prefers to rent to or employ
when no one is really paying attention?

Judge: Im going to allow the question but the doctor can answer it if he

Dr. Merliss: I can answer the question, Your Honor.

Plaintiff: Your Honor, can I put my objection on the record, please?

Judge: Yes, objection is overruled.

Defendant: Thank you. Irrelevance argumentative and [33.40]

Judge: Alright.

Dr. Merliss: Im not sending an email that Mr. Coughlin that you do have a
sense of entitlement because he want to stay in that house for free
without paying rent, if you will like youre entitled to that. Usually if
83
somebody stays in a home thats leased, then they pay rent. You for
some reason, it seemed to me did not want to pay rent. And I said
no reason why not?

Defendant: Did you receive a number of emails through from me over
determine the tenancy tenancy beginning March, no, February
28, 2010 after, you know, the point where things, kind of, broke
down, did you receive a number of emails wherein I requested that
you fix some things?

Plaintiff: Thats an unfair question, [34.40] I dont understand it. Clarify and

Defendant: Did I, did you ever

Dr. Merliss: Simplify the question please.

Defendant: Sure. Did you ever get any emails from me?

Dr. Merliss: Yes.

Defendant: Okay. When would you say that started?

Dr. Merliss: I dont know, I dont remember.

Defendant: Okay. Did you ever get the can I show the witness?

Judge: Why dont you have it marked up here? Did you get him [35.08] Id
ask you to bring him.

Defendant: I didnt know when that Your Honor, Im sorry.

Judge: Well, I hear you said as soon as you get back?

Defendant: I got more of it.

Judge: How many do you have?

Defendant: Nine.

84
Judge: Alright. Well, lets start with the first one, well have that marked
and you can show him that and then while you are doing it, you can
mark the rest of them.

Defendant: Okay.

Judge: Yours will be 1 through 9 and he doesnt have any marked so far,
right?

Female: Thats correct, he does not.

Judge: Okay. Well, bring him up to the court, please.

Defendant: Your Honor.

Judge: Yeah.

Plaintiff: Have we entered into Mr. Coughlins case, as this point?

Judge: No.

Plaintiff: Okay. So, were still on cross examination Your Honor, I will object
to these questions as outside the scope. The scope for the record is
[35.55].

Judge: Alright. Wait till he gets back.


Judge: Mr. Coughlin what are you going to do, its been objection that your
cross examination is limited to the scope of the direct and since this
is not relevant to the direct examination you will have the right to
call a doctor on your case in chief but at this point Im going to
sustain your objection. So unless it has to do with the notices or the
lease itself or testimony it was presented on direct, then the
objection will be sustained.


85
Defendant: Yes, sir, Your Honor. As far as my recollection, speaking with [] and
evidence that firm books, [] Mr. Bakers updated recognizing the
lease to determine the tenancy what happens []

Judge: Its correct.

Defendant: So, at this point I wouldnt have anything further. We could

Judge: Alright, thats being the case do you have any other witnesses?

Defendant: Your Honor, I will have [37.32]

Judge: Well.

Defendant: I believe that the landlord has made its initial burden, to shift the
burden to

Judge: Alright.

Plaintiff: Mr. Coughlin at this point.

Judge: Okay, Mr. Coughlin, as I had indicated as I indicated upfront your
defense as I understand it is the and what we allowed was
retaliatory conduct by the landlord and thats defined as NRS
118A.520 and thats what you will need to establish for the court.
You have many things that you argue previously but they will not be
retaliation so, and I will read those out just so were clear. Right,
this, thats the wrong section.

Defendant: I think its .510.

Judge: 510, correct. And what those are are the following: the tenant has
complained in good faith of a violation of a building, housing, or
health code applicable to the premises and affecting health or
safety though a governmental agency charge with responsibility for
enforcement of that code. That is one that you alleged, I believe. B,
the tenant has complained in good faith so landlord or a law
enforcement agency of a violation of this chapter or the specific
statute then imposes a criminal penalty. C, the tenant has organized
to become a member of a tenancy union. D, a citation has been
86
issued resulting from a complaint described in paragraph A. E, the
tenant instituted or defended against the judicial or administrative
proceeding or arbitration in which the tenant raised an issue of
complaints of the requirements of this chapter respecting the
habitability of the dwelling units. And F, the tenant has failed or
refused to give written consent to a regulation adopted by the
landlord after the tenant enters into the rental agreement which
requires the landlord to wait until the appropriate time as elapsed.
And G, the tenant has complained in good faith to a landlord, a
government agency or an attorney, the [care] housing agency or
other appropriate body of a violation of NRS 118.010 to 118.120
inclusive of the Fair Housing Act. And so, sir, you will be limited to
those items and you may proceed with your case at this time. And I
dont recall if youre ever sworn or not this morning. Was he
sworn?

Female: Yes, he was.

Judge: Okay. You were sworn.

Defendant: I have later remember that, Your Honor.

Judge: Huh?

Defendant: I have later remembered being sworn this morning.

Judge: Alright. Well, then Ill swear you again.

Defendant: Thank you.

Judge: Do you swear under penalty of perjury to tell the truth, the whole
truth and nothing but the truth?

Defendant: Yes, Your Honor, I do.

Judge: Alright. You may be seated and tell me precisely what do you
retaliatory conduct was and specifically as I understand as to
retaliatory conduct were talking about is the eviction proceeding
which were here for today. Because thats the only one thats
remains. Alright?
87

Defendant: Alright, Your Honor. I would wonder if, if [41.52] landscapers could
be considered [] I understand [] and there are things down here.
And Ill do my best not to make legal argument here, just testifies to
the facts because it seems like thats what you want.

Judge: Go ahead.

Defendant: With regard to 1, at building, house or health care, I didnt make
complaints and those are in writing to Mr. Merliss the email
address for which we established a regular line of communication
that would be just AOL accounts which is a [42.30] AOL.com and
these emails to which I will be referring to are found in bulk and

Judge: Wait a second, sir. A, is a complaint to a governmental agency, did
you make a complaint to a governmental agency?

Defendant: I dont are you sure that it cant just involve complaints the
landlord about health code?

Judge: No, that would be B.

Defendant: I thought B was complaint about a criminal.

Judge: Well, thats true. Well, Im sorry. A, is the tenant has complaint in
good faith of a violation of a code applicable to the premises and
affecting health or safety to a governmental agency. So, I dont
believe that means the landlord and the reason for that is, he
complained to the landlord thats well, its not covered by that
section, lets put it that way.

Defendant: That it is by a later section?

Judge: Huh?

Defendant: That it is by a later section?

Judge: Well, go ahead, you tell me. Im not doing your case for you.

88
Defendant: I guess I I guess the way I [43.50] was that it was a kind of either
or a complaint to an agency because otherwise theres theres
kind of [43.57] people just go go telling on people to trying to
work things out between for the

Judge: Well, I had read quite clearly to be to a governmental agency,
which I thought you had done from what you said but

Defendant: Well, to the extend a legal services entity might be considered
that

Judge: No, thats not a governmental agency.

Defendant: Yes, Your Honor. At the moment I cant recall making any
complaints to any governmental agency, Your Honor.

Judge: Alright. Well

Defendant: But I did complain to the landlord in writing and I feel like he
reacted given retaliatory circumstances [] suggest it was retaliatory.

Judge: The only one from what youre saying looks applicable to me is E,
the tenant has instituted or defended against a judicial or
administrative proceeding or arbitration in which the tenant raised
an issue of compliances with requirements of this chapter
respecting the habitability. Thats the only thing that I recall in all
these proceedings weve had so far that may come or [45.27]. This
statute that within the context of this statute. Unless you have
something Im missing. Because G, is a complaint to the landlord
but it has to do with fair housing which Ive never heard that you
mentioned any other discrimination.

Defendant: I havent [45.56] Your Honor.

Judge: What is your what is the discrimination that you are alleging?

Defendant: Race, sex and national origin [46.07] to classes.

Judge: What is your race, sir?

89
Defendant: Caucasian, parts Irish, German.

Judge: Its not a protected class.

Defendant: Yes, it is.

Judge: Well, you will need to cite the law for me because

Defendant: Oh, that. That would be in this context Im more familiar with the
[46.35] context but and this context is a fair housing statute or
statute. And those statutes according []

Judge: Sir, I but the thing is the complaint. Do you have a copy of the
complaint to the landlord or government agency an attorney or the
fair housing agency or other appropriate of a violation of NRS
118.010 to 118.120?

Defendant: Yes, the [47.02]

Judge: Okay, well, what is the complaint, sir?

Defendant: They complaint is that [47.10] with me because me and [] he seems
to be [] anybody who is non-white male account before any fault
and the next is the facts surrounding this case.

Judge: Anyone who is non-white male?

Defendant: Yeah. [47.25] is fine with them. Antonio the handyman is fine with
him. The landscaping crew all Hispanic is fine with him. Darlene
[17.35 Sharpe], a woman realtor who seemly directed two two
different groups of people to be the same job who get paid for
twice.

Judge: Okay. What is the

Defendant: He is [47.43] with her but he want to be out.

Judge: What is the email, what is the email and where is the rate when
complained first of all?

90
Defendant: Its in exhibit 8.

Judge: Exhibit 8?

Defendant: 8.

Judge: Okay, we have exhibit 8. And just so I understand that

Defendant: Quickly Your Honor, [48.06] objection the previous sections of .510
I dont believe those are not satisfied with someone complaints the
landlord, I do that makes it applicable. I dont think it called for a

Judge: Subsection (a)?

Defendant: I dont know about that but it seems like youre saying, all in one of
those sub, subsections in that statute is putting the fact by
complaining to the landlord and I would say [48.34]

Judge: And Im confused about what youre saying now. I just said that
subsection (a) does not apply if you do not make a complaint to a
governmental agency. And that is my ruling.

Defendant: I thought it was if you made a complaint involving co-section
other governmental agency.

Judge: No.

Defendant: To the landlord, to an agency.

Judge: No, it says, thats not what the statute says. It says, through a
governmental agency.

Defendant: I got it here now, Your Honor, Im sorry. I was under an impression
[49.20].

Judge: Sir, you can appeal my ruling but I am ruling that the complaint has
to be to a governmental agency, not to the landlord.

Defendant: I see right, thats clear. My mistake. But subsection (b) is where the
language have to the landlord begins to
91

Judge: Thats true but then thats for criminal

Defendant: [49.45] a complaint with respect to a criminal and Ive got a number
of criminal statutes here wherein a conduct of the landscaping crew
is tantamount to mayhem, conversion, larceny, destruction of
property and while I

Judge: Okay. Sir, sir, hang on a second. Here, if you are claiming a violation
of subsection (b), then tell me precisely what it is and what
documents you have that support that.

Defendant: Yes, sir. NRS 205.220 is grand larceny, thats the taking carrying
away property of another

Judge: Then who allegedly took and carried away the property?

Defendant: The crew of men, the crew of Hispanic men that Dr. Merliss in
conjunction with the female realtor Darlene Sharpe sent to my law
office to work on weeds for which Dr. Merliss already agreed to pay
me the job. So, that sort of the double group effort [51.05]
currently it was causes no expense in that regard subsequently

Judge: No, he said he hired somebody to remove the weeds at your
property and did you file a criminal complaint, sir?

Defendant: At this point, Im ruling my options, Your Honor.

Judge: Alright, well, the individuals, did you see them take your property?

Defendant: Oh, youre right, yes sir, I videotaped it and I ask this court if I could
submit that video evidence [51.35] and I believe he said I couldnt.

Judge: And at the last hearing you could not but the question was, so you
have a videotape of an individual stealing your property?

Defendant: Stealing, uh, perhaps under a technical term, they took something
they took a lot of time and effort which was to get green, high
density, high quality wool carpet, cut and notched to fit around all
92
the fence [52.16] in the house and make it so it wasnt a dirt line
and its not everybodys case.

Judge: So then how can I understand that so that they take this carpet and
take it away?

Defendant: To [52.30] the weed, so they could do their weeding.

Judge: But after they did that did they permanently deprive you of that
carpet?

Defendant: They left it in the street and refused to put it back.

Judge: And so they did not permanently deprive you the property?

Defendant: Well, my efforts to mitigate lightly pervaded a situation were yes
the trash men were taking, somebody else were taking it, and it
would be damaged.

Judge: Alright. But I did not believe that meets the requirements of NRS
205 with respect to larceny so, unless there was an attempt to
permanently deprive you of the property which by your own
testimony they left it there.

Defendant: They were intending to make it better I dont think, Your Honor. But
there are other sections of crimes against property under NRS 205
that I feel would be applicable. 206.040, entering property with
intention of damage or destroy property. 205.270, penalty for
taking property from another under circumstances not amounting
to robbery, limitation on granting of probation or suspension of
sentence.

Judge: Sir, you cant just read off the statute, you need to tell me precisely
what it was that happened and then the evidence that you
complain of it.


Judge: And then further the evidence that this subjection was caused by
that complaint.
93


Judge: And then there has to be a linkage.

Defendant: I believe its quite clear on viewing the emails and the chronology
and the timing [54.08]. The emails in to and from Dr. Merliss in
exhibit 8 speaks to that with respect to the taking.

Judge: Okay, well lets go there to exhibit 8 and tell me precisely what
page youre talking about or

Plaintiff: Yes, sir. Have copies please that the attached or something that I
can refer to?

Judge: Yeah, I have these.

Plaintiff: I have no idea what those are.

Judge: Oh, here, come

Defendant: And thats telling because I would be here [54.40] reasonably
diligent investigation prior to

Judge: Sir.

Defendant: would required you do know what this is.

Judge: He doesnt --

Defendant: I believe he does, Your Honor. You cant just throw mud on the wall
and see what sticks. You need to know, youre filing some days []
law.

[Unclear]: I dont

Judge: What he is presenting so far was crystal clear, sir.

Plaintiff: He didnt present a whole lot, Your Honor.

94
Judge: He presented all he needs to present to establish an unlawful
detainer.


Defendant: And I can point Im sorry, I can point to the page number, Your
Honor.

Judge: What you need to because this Supreme Courts rule, its not up
to the court to fumble three of your papers and finding what youre
talking about.

Plaintiff: Yes, sir. Ill just hand it out

Judge: Alright.

Defendant: I can take a look at those.

Judge: Well.

Defendant: I have a copy for you, Casey, Im sorry. Im just a little, you know, I
just got to tell you Im an attorney, Im a [] attorney and this
process is confusing and challenging to me. So, it was like

Judge: Well, youre making it more confusing, sir.

Defendant: I wonder if its like to [55.46]

Judge: Sir, I just want you to point to me


Judge: the most egregious one you have, alright?


Judge: That you said that

Defendant: And thats as I said it starts on page 18, Your Honor.

95
Judge: Page 18?

Defendant: Yes, it was constituted

Judge: I dont have any page numbers on mine.

Defendant: Yeah, [56.23]

Judge: Whats the date of it?

Defendant: The first page after the cover page will be...

Judge: Well, first page after the cover page is dated 9-6-11 or Wednesday,
August 17th of the...

Defendant: May I approach to verify would there be something wrong?

Judge: Here, sir, come up here.

Defendant: Okay. This is what I attempted to give you as exhibit 8.

Judge: 8, yeah?


Judge: And thats what I have.

Defendant: Yes, okay. You were saying the first date was

Judge: No.

Defendant: you are looking at that or?

Judge: No, well. The most current chronologically its 9-6-11 at 1:13PM.
What I was asking you where is this the most egregious example of
this.

Defendant: And you see this date [57:21] so I can refer to, thanks.

Judge: Okay.
96

Defendant: It was 18 in the original pleading, Your Honor. Thats why its
[57.27].

Judge: Okay, 18. I do have page 18, so.

Defendant: Yeah.

Judge: But I do need you to back off the bench


Judge: What Im trying to find is the most egregious example of the crime
that was committed against you that you reported to the landlord.


Judge: I mean, because these cars finance or emails are addressed to the
attorney so far as I can tell.

Defendant: Yes, Your Honor. If you look at page 29, or rather, I believe page 27
begins [58.23] the first instance where I page 23, Your Honor. Its
the first instance wherein I report, this confers in or destruction of
property or some derivation of the crime to property in NRS 205 to
Dr. Merliss. It didnt take a look to Dr. Merliss.

Judge: Im sorry?

Defendant: Thats on page 23 there is a at the top of the page there is a cell
number and then theres noxious weed ordinance.

Judge: Well, what I say at the top of page 23 youre saying?


Judge: There at the top of page 23 the property damaged by Darlene
Sharpe of Landscapers, is that what youre talking about?

Defendant: Yes, sir. Counsel Baker, is this completely new and foreign to you?

97
Plaintiff: Sir, my understanding is

Judge: You dont need to talk to counsel you need to talk to me. And you
are a witness, not a counselor and now so please sit down.


Judge: And tell me, sir, where this specifically that you are alleging a crime
was committed?

Defendant: Well, its its where I detail to Dr. Merliss that Ronaldo or Rolando
the Green Action lawn care crew in conjunction with Darlene
Sharpe arranged at my property taking off out of the yard and
placed it in the street then refused to put it back in spite of the fact
that they knew they would encounter that carpet from their
previous trips to work on the house Dr. Merliss owns.

Judge: Okay, so its the removal of the carpet?

Defendant: Yes, sir. And as a small businessman I can tell you that it affects my
business in a real way. I do not play with marginal margin.

Judge: Alright. Whats the next instance that you said you had multiple
crimes?

Defendant: If I did I misspoke, Your Honor.

Judge: So, its the one its the one event but multiple charges to that one
event that youre talking about?

Defendant: I have multiple complaints. Some involve criminal law, some involve
health, health care

Judge: I understand, I heard you so, so destruction of carpet, right? Is that
what youre claiming?

Defendant: It goes a bit beyond that to the extent that it was more of an
installation so it -- given the carpet to lay down and be notched and
cut right round the fence and the house was a big part of the
98
expense, it would be different than just taking an ordinary square
piece carpet, its, yeah.

Judge: Well, I understand that sir, Im trying to understand though under
118A.510 subsection (d), you claim is that the carpet destruction
of the carpet constituted a crime?

Defendant: Yes, sir. And I have a video.

Judge: And alright, well I will assume for the purposes of these
proceedings then that your testimony is corroborated by that video,
right? That, in other words, Rolando removed the carpet.

Defendant: With the crew of [1.03.04] and but yes, Your Honor.

Judge: Okay. Rolando and the other four men removed the carpet and did
not replace it.

Defendant: Yes, Your Honor and Darlene Sharpe seems to be in contact with to
some extent directing [1.03.20] my condo.

Judge: The what?

Defendant: The realtor who seems to be a sort of property manager of sorts
and maybe is the lender to the house, according to Rolando. This
Darlene Sharpe [of Dixon Realty], she was in phone contact with the
Green Action Landscaping crew. And she apparently made some
disparaging marks about the carpet and maybe to the extent that it
made it more difficult for her to rent the next door upstairs
apartment and that your crew it was arrived they just left there or
kind of destroy my property and I called her and I indicated to her
that their

Judge: Alright, well, I guess Im just trying to get the gist of what your
complaint is, all right. And that is the removal of the carpet,
correct?


99
Judge: Thats what youre saying constituted a crime of malicious
destruction of your property, right?

Defendant: The removal and placement in harms way.

Judge: But the crime you are alleging is malicious destruction of property,
right?

Defendant: Well, I chose about six or seven.

Judge: Well, tell me which one it is that you cant choose them today, its
the one youre complaining to the landlord though.

Defendant: I didnt call. I didnt write the landlord that I was a [1.04.45] writing
a charging complaint. I wrote him and I told him the general facts of
the situation. I dont know that the stature requires that I
specifically plea some particular subsection of

Judge: Well, it does require this court to make a finding that there was a
violation of a specific statute that imposes a criminal complaint. So,
if I dont even know what the specific statute is.

Defendant: NRS Im just reading. With respect to the criminal complaint NRS
206.330 seemed fairly on point, NRS 205.270, 206.040.

Judge: Wait, 206., what?

Defendant: 040.

Judge: Now what is your evidence that the landlord evicted you because
you complained about the destruction of your carpet?

Defendant: Well, it seemed as though shortly after he started to assume he
wasnt getting paid rent on the basis that he owed me for property
damage he quickly decided to evict me.

Judge: So you are saying that you didnt pay rent because of the property
damage and therefore he evicted you?

100
Defendant: Right, Im not saying that I didnt pay rent in that regard. I had many
other rent deductions that were agreed to in writing or that were
allowed in the statute before I even got into that his liability under
subsection 20 of the lease with regard to property damage done by
his agents or, I dont know if it says employee.

Judge: Alright, sir. I want to move this along, so Ive got that. Whats the
next complaint you have with respect to retaliatory conduct by the
landlord?

Defendant: The next complaint for which Im trying to prove prima facie case
Your Honor is that I did complain about habitability issues, code
[1.07.44] code sections dealing noxious weed ordinances, theres
pictures of the weeds that grew in exhibit 8.

Judge: Well, I think at the last proceeding we established the lease record
that you to maintain the lawn.

Defendant: Well, it says to maintain the lawn and shrubbery however there is
dirt where there would be a lawn. So, I dont know if that means

Judge: No, its not, Im going to rule against you on that so we can move on
because I think thats the tenants responsibility under the lease.

Defendant: It well, he ratified that he was going to pay me to do the weed.
So, in that sense he does a waiver of the lease.

Judge: Waiver of the

Defendant: And the lease is the lease does not mention weeds, Your Honor,
thats a fairly far jump to take from saying Im suppose to maintain
the lawn to Im suppose to prevent any Noxious Weed Ordinance
violations. Thats and further the laws of the take [1.08.45] this
destruction that its to be construed strictly against the drafter Mr.
Dr. Merliss

Judge: Okay, so where in the habitability section does it provide for
noxious weeds?

Defendant: That would be a housing or health code.
101

Plaintiff: Your Honor, I will object to any testimony regarding any violations
of any code that is that requires expert testimony which Coughlin
is not a qualified as an expert. Theres no way we can prove

[UNCLEAR]: I am not [1.09.20]

Judge: Sir, let him state his objection then we can move from there. The
objection is that he is not an expert. Sir, your response.

Defendant: I am an attorney. It involves statutory codes. I looked them up.
They speak to Noxious Weed Ordinances within the Reno City
charter

Judge: Okay. What Im going to do is overrule the objection but you can
present the code but you cant testify as to whether or not it was a
violation, its up to the court to determine. But lets go to 118A.290
because whats covered under habitability is effective
waterproofing, weather protection, plumbing, water supply,
adequate heating, electrical lighting, garbage

Defendant: Your Honor, I just [1.10.40] and I dont know that I didnt complain
to an agency because I think [1:10:46] but this is not about
habitability. This is 118A.510 sub A, this is dealing with a good faith,
complain in good faith of the violation

Judge: Well, you and I want you to talk about habitability.

Defendant: Well, and I have those issues Your Honor but Im not I havent
addressed the good faith violation of building, housing or
healthcare. This sounds very similar.

Judge: Which one is that?

Defendant: Thats 118A.510 sub 1A.

Judge: And I already ruled it. You have to make the complaint to the
government agency.

Defendant: I am not sure whether or not I did. I seem to recall making a call.
102

Judge: No, okay. Well, you seem to recall you dont have any evidence of
that today. And if you seem to recall how would the landlord even
know to evict you because of that, if you dont even know if you
made a complaint, sir?

Defendant: Well, I did write the landlord with respect to the weeds.

Judge: I understand but you didnt come you didnt write the landlord
[1.11.50] complain to this governmental agency about the weeds,
did you?

Defendant: I think he could have inferred that that was a possibility from my
writing.

Judge: Okay. Im not going to do that. So, go on to the next item.

Defendant: I dont just to state an objection, I dont think that the statute says
I have that

Judge: You are arguing with me, you are a witness.

Defendant: None of the court [1.12.12]

Judge: Yeah, just where are the line you are a witness, sir.

Defendant: Yeah.

Judge: Ive given a lot of latitude. You are a witness testifying as to the
facts not arguing the law. So, I tell me what else you have then
today, on the retaliatory of eviction?

Defendant: I believe weve gone over the complaints to the landlord of a
criminal statute. As far as I know there has been no citations issue.
So, section D does not apply. The tenant has instituted or defended
against it. In sub E a judicial or administrative proceeding. I did prior
his filing for eviction say all file retaliatory eviction law said against
you, I think that could be tantamount to instituted a judicial or
administrative proceeding, its allegation demand at what point
does the proceeding began I guess is the question of fact and I, in
103
this regard, prima facie established [1.13.23] Im supposed to have
all issues in fact resolved. I believe in my favor to the extent there
kind of a 50-50, I think its fair and [] summary adjustment make a
prima facie case which its my understanding this is the same []
judgment as [] here. And thats fairly low standard. Its not proved
beyond reasonable doubt too sir.

Judge: Im not asking you for that, I am asking for a articulable defense
that you can tell me precisely what it is in thats subsection (f), well,
Im sorry, subsection (e). The tenant has instituted or defended
against a judicial or administrative proceeding or arbitration in
which the tenant raised an issue of compliance with requirements
of this chapter in respect to habitability.

Defendant: Yes, sir. In exhibit 8 on page 28, I point out to Dr. Merliss that hell
be sued for retaliatory eviction. To me that tantamount to
instituting a proceeding whereupon he promptly evicted me or
sought to with the help of

Judge: I thought he already was a victim.

Defendant: No, its not that point. He was still trying to convince me. The
property damage wasnt germane to the issues and that he would
check up on the insurance about it for which he never got back to
me. And kind of just, you know, soft pedaling my complaints out of
the door, I guess, or trying to ignore them away. But at that point I
feel that I was instituting a proceeding by making a litigation
demand and his subsequent conduct in hiring an attorney and
seeking to evict me is just per se classic retaliatory eviction.

Judge: Alright. Anything else, sir?

Defendant: Its not elegant at all. Its the employee goes to the boss and
complains of sexual harassment inspired the next day. Thats
essentially what we had going on here. And to analogize

Judge: We are not to analogize, sir, youre not arguing youre testifying.

104
Defendant: Yes, Your Honor. With respect to other bases I deal which
habitability issues and I believe when a tenant invokes the right to
do a rent deduction that is protected. I suppose that

Judge: The statute is quite clear, sir that when we do that it has to be
deposited and rearguing about this but you can appeal that.

Defendant: Your Honor, just to clarify and I know you want me to argue but
there is there is this section in the statute that it says fix it
yourself and theres no depositing going on there.

Judge: Thats a separate section. If but you dont get to deduct five
months of rent for we went through this within the last hearing
the maximum amount you claim was $2,000 something, $2,700.

Defendant: There was about 1,000 missing. My former co-tenant had paid him
approximately $900, I was missing $250 working with the [1:16:53]
in the back stairs was not addressed.

Judge: I included the stairs, sir.

Defendant: Thats the front stairs, Your Honor, the back stairs I had issues
about.

Judge: No I you cant make this up each week I see you. I finalized at the
last hearing I said, is there anything else and you indicated, no.

Defendant: And I filed a motion to correct the judgment [1.17.12] or clarify a
rule 59 motion the following Monday. There is a strong indication []
was going to go on here with Dr. Merliss. Ive got emails wherein
former cotenant, we are all inmates, she took the rent money from
me as was the practice instead of forwarding both our shares on to
Dr. Merliss she forwarded it on against my share and she made
arrangements to pay him later, wherein he ratified that or agreed
to that and apparently will collect that money. This kind [1.17.56]
collection practice argument.

Judge: And sir, were not here about the nonpayment of rent. That was
dropped.

105
Defendant: I alleged habitability based on and I think thats where Im getting
confused, Your Honor.

Judge: Habitability is sent out in the statures crystal clear. And

Defendant: Installation, molding installation thats habitability.

Judge: That was one

Defendant: Windows, broken windows.

Judge: Yes.

Defendant: Not only a window thing. Its a safety thing theres [1.18.33] glass.

Judge: I understand that those were alleged. But the question is, were they
repaired, number one. And number two, you were evicted because
of those things.

Defendant: Yes and I think that on the tenure all the youre entitled type
comments and the proximity and time were talking about literally
like a week after Dr. Merliss what I kind of confuse this is

Judge: Are we here to what, sir?

Defendant: Well, its like he finally came back from being out of the country for
three months notice he havent been paid rent. And I dont know if
also knows he had a bunch of emails built up over a year asking him
to fix habitability issues that he never did. And then he paused his
whatever takes up his time and imagine hes busy medical practice
he pause that and turn to me and wanted all his rent. And he didnt
want to fix any of the issues and he wanted it right then and he was
going to evict me if he didnt have like then right away. And thats
retaliatory eviction. [1.19.40] the sections of the statutes 118A that
allowed me to do rent deductions when he

Judge: Sir, where is the 14-day notice? And

Defendant: Exhibit 8, is at the [1.19.52] over

106
Judge: Exhibit 8 what, what page?

Defendant: Theres probably 10 and since this throughout this 15 pages.

Judge: I want to know one.

Defendant: Okay.

Judge: Starting with one.

Defendant: The mold, the installation issue. Starting on page 19 which would be
page 2 [1.20.15].

Judge: Well, were here your saying something about replacing the baths
for $320.

Defendant: Yes, sir. And the pictures Ive submitted and showed on my laptop
at the last hearing and I emailed them to both you and Counsel
Baker today. I caught the pictures.

Judge: Well, did you fix that or not?

Defendant: Yes. After literally I would estimate months of no response from Dr.
Merliss.

Judge: Well, whose is Matt in here?

Defendant: Matt is Dr. Merliss.

Judge: So, you refer to him as Matt?

Defendant: Well, I didnt know he was a doctor until a month ago, Your Honor.

Judge: Alright. Well, anyhow Dr. Merliss and Matt are one and the same?

Defendant: Yes, sir, yeah.

Judge: And this was written on May 14, 2010?

107

Judge: So, its hardly retaliatory eviction for something that occurred in
May thats

Defendant: Well, the occurrence of the nonpayment or the rent deduction
didnt occur until very close in time of the retaliatory eviction. At
this point I was still being a good tenant who doesnt to want to
cause ways. I had the cotenant girlfriend who was kind of raised in a
culture where it seems like being docile was kind of a not entitled,
was the more accepted practice

Judge: Alright, you say by

Defendant: Dr. Merliss is belong..

Judge: Well, youre saying this issue had been corrected.

Defendant: Not to me, and it took my time and energy and I hadnt been paid
for it. [1.22.37]

Judge: Okay. So, you are arguing about is an upset against the rent, not a
continued habitability issue, right? I mean, habitability issue was
corrected by yourself and you would have rent for that?

Defendant: Not until

Judge: I know you started with holding rent though.

Defendant: No

Judge: about five months ago.

Defendant: Not to me, I was given the cotenant, I dont know she wasnt paying
them. Yeah, so

Judge: Well, thats not his fault.

Defendant: Well, he didnt he didnt even tell me he wasnt getting rent until
like two to three months gone by without him getting rent. Thats
how I kind of ask him
108

Judge: Did you know the cotenant moved out in July?

Defendant: Yes, I knew she moved out but I knew I pay her for May and June
and July and then Dr. Merliss alerts me, hey, youre however, much
behind in May. And I alerted him hey Ive been sending you 14-day
notices to clear for the last year youve done nothing. Im working
my fingers to the bone around here

Judge: And so, okay.

Defendant: Im not -- just Im not making this up, Your Honor. I didnt start off
this way. I got to my limit, well, I was tired being the handyman. I
was tired being taken away from my law practice. I was tired, you
know, I submit these low-ball estimates to fix things and Dr. Merliss
would scoff at them.

Judge: Alright.

Defendant: Looks like you cant get anybody do anything for $50 Dr. Merliss.
And youre going to, you know, youre going to scoff at my saying,
hell, Ill do this or that for $50, you know?

Judge: Anything else, sir?

Defendant: I believe a retaliatory eviction stem also in part for my asserting
that I was, I guess, accepting I would complain about things like
the broken disposal Dr. Merliss would be in Thailand or somewhere.
He may send me an email and get two estimates, take your time
and effort to go be my property manager, get two estimates and
deduct the cheapest one. Yeah, and then when I do that then all of
a sudden there would be a lot of resistance and then pretty quickly
it was an eviction.

Judge: Alright. So the eviction which occurred in September, right?

Defendant: I believe it was August 22nd was the original.

Judge: Okay, August 22nd was the original eviction?

109
Defendant: Yes, and if you look at the point in which Dr. Merliss comes back to
the country and discovers he hasnt got rent for thats several
months, theres only like a two-week window. From that time well,
he says, hey, I want some rent I think. And I dont want to do any of
these rent deductions and youre not paying me? Boom, youre
evicted, two weeks later.

Judge: So, as I understand at then, you are saying he was unaware that the
rent hadnt been paid?

Defendant: Yes, in my

Judge: How do you know that?

Defendant: Well, my neighbor [Rich Marley], he was discussing our shared
landlord Dr. Merliss, he says yes.

Plaintiff: Objection hearsay.

Judge: Alright. Objection will be sustained but

Defendant: Its my answer to hearsay would be pattern of practice
established.

Plaintiff: Unacceptable.

Judge: The issue though is this, sir, you didnt know the rent wasnt being
paid but how did you know that he didnt know the rent wasnt
being paid?

Defendant: One, he didnt call me up like most of the other landlord say, and
say where the hells my money? Two, the neighbor said, he doesnt
cash the checks for months. [1.26.40] bank account.

Plaintiff: Objection.

Judge: Alright. That will be sustained.

Defendant: Three

110
Judge: Your own personal knowledge.

Defendant: He wrote me an email about it, hey, whats up with this?

Judge: What date was the email?

Defendant: That would be, it looks like August, August 11th and the first
eviction was August 22nd, so it was less than 12 days.

Judge: Well, lets see 12 days.

Defendant: From when it would seem he found out

Judge: Most people evict within five days.

Defendant: Okay, but its not like six months went by for me

Judge: What about where, what date, which page?

Defendant: Page 25, Your Honor.

Judge: Page 25.

Defendant: Yeah, the top of the page the email is still in June, theres one of the
get to estimates emails at that page, line 7. And then starting at
about line 11.

Judge: Wait, wait, slow down, sir.

Defendant: Okay.

Judge: Im at page 25, the top of the page starts off, I took a video/photo
of a jammed but Im too tired to load it to my computer right now.
Is that the page?

Defendant: Yeah. Thats it. That email looks to be from June but

Plaintiff: Im going to object to these emails on the basis that they have been
altered. I have other copies of these and for instance at line 2 of
this page
111

Judge: I'm doubtful if thats a legitimate objection. You can show your
copies.

Plaintiff: Okay. Well, this is not a true and accurate copy of the email.

Judge: Alright. Well, then sir

Defendant: My answer to that objection would be anywhere where there has
been an alteration that was alerted to the reader in the document
itself

Judge: Well, show me precisely the one were talking about because these
are written -- I only see one from a Matt Merliss.

Defendant: Hes Magunda Matt Merliss.

Judge: 8-11-11, according to my records Melissa paid $600 on 5-6.

Defendant: Yeah, counseltaking about.

Judge: That leaves $300 for May, $900 for June, July, and August for a total
of $3,000. Please let me know as soon as possible when this will be
paid. If the payment is marked before 8-18, I will not charge you a
penalty otherwise, I will charge you a penalty for late payment. And
paying a rent does not depend on the alleged damage you
sustained as this is an insurance issue and its not for me. Please
keep up with communication with me and allow workers and
Darlene to enter the house. If communication falls apart, if I dont
receive a check in the timely manner, fashion or if Darlene or
workers are not allowed to enter and help you Im afraid I will have
no choice but to pursue legal recourse. I hope it does not come to
that. If necessary please talk to Melissa and decide how you will
divide the rent.

Defendant: And it will be in five days and attorneys retain until the direct all
communications are [1.29.45]

Judge: Alright.

112
Defendant: That email [1:29:52] on page 31 at the bottom. So, within five days
it went from, hey you owe me some rent, no Im not going to
deduct anything, I dont have to fix anything. Hey youre in Nevada,
that keeps tenants [] over there. I heard thats why I bought houses.

Judge: And you wrote back within one day that no one other than me is to
enter the house.

Defendant: Absent prior notice. Yes, absolutely.

Judge: No, I understand. But it was not a conciliatory tone at all.

Defendant: Well

Judge: Youre blaming him for being

Defendant: The tone of our previous correspondences would suggest that Dr.
Merliss would probably assume that he could just have somebody
walk in my law office.

Judge: Alright.

Defendant: And just quickly for the record, Your Honor, I find it troubling that
Counsel Baker seemingly was aware and didnt care he was
unaware that his client had admitted to receiving $600 in that email
I believe. And Counsel Baker still send me, you know, you owe three
grand in rent notice on August 22nd. [1.31.12], you know. The
duties reasonably diligently investigate before using process and
finally, finally going to the claims.

Judge: So, youre saying you did not owe $3,000 as of August 22nd?

Defendant: No, and there been [INDISCERNIBLE] for the stairs or at least spent
$350 for the weeds and

Judge: Okay. Alright, well

Defendant: and there had been, you know, you cant just take peoples
money and slap some names in pleadings and file them in the court.
113
Youve got to make sure youre not casting [INDISCERNIBLE]
question paper where its not supposed to be [INDISCERNIBLE].

Judge: Anything else, sir? Alright. Cross examination.

Plaintiff: Yes. Mr. Coughlin please turn into your exhibit 8 to page 23.


Plaintiff: Youre with me?

Defendant: Alright.

Plaintiff: I want to look at your email to Dr. Merliss dated 5-24-11, this is the
one we had been discussing, are you there?

Judge: Well, wait a sec. Because getting there now.

Plaintiff: Yes, sir. Page 23.

Judge: I have one page 23, was it?

Plaintiff: Yes, sir, 23.

Judge: Dear Mr. Merliss?

Plaintiff: No. Ah, yes, yes, Dear Mr. Merliss Im writing to let you know

Defendant: Yeah.

Plaintiff: That one. Mr. Coughlin, where in this email which continues on to
the next page, is there any complaint of a violation of a specific
statute that imposes a criminal penalty? Point it out.

Defendant: Well, I dont know, am I an expert to be able to testify that? That
couldnt testify as a housing code as an expert so what next
[INDISCERNIBLE] expert to testifying, yeah.

Plaintiff: Its your email, Im asking where you put the specific statute, where
is it?
114

Defendant: You want me [1.33.22] asking me to say what is tantamount to
something being [INDISCERNIBLE] a reference to a specific statute
and I dont know as just the will [INDISCERNIBLE] Im qualified to
make that that expert testimony.

Plaintiff: You can move to strike the answers with non-responsive and ask
the court to direct the witness to answer the question, please.

Defendant: Objection

Plaintiff: Well, I will direct

Defendant: [INDISCERNIBLE] transparency.

Judge: Sir, I will direct the answer the question is to whether or not this
email in any place refers to a specific criminal statute?

Defendant: I would say in general the email refers to some sort of theft or
property destruction statute.

Plaintiff: The question is, where in the email is the specific criminal statute
reference?

Defendant: Its within the body of the text of the email. You might not be get an
answer you want but you got an answer.

Plaintiff: Okay. And what statute are you referring to in this email?

Defendant: I think that would call for an expert. I dont feel qualified to
interpret the law.

Plaintiff: There is no reference to any statute in this email, is there Mr.
Coughlin?

Defendant: Objection leading the witness [1.34.52] you can do that.

Judge: Well, I will find as a matter of fact that there is no reference to any
statute. You dont need to ask him that.

115
Defendant: I will just submit that I think very strongly.

Judge: Well

Defendant: [1.35.05]

Judge: There is no statute there, sir. Ive read the whole email.

Defendant: At what are you referring do we have to have a specific
statutory

Judge: Well, no, the question was whether or not there was a

Defendant: nobody can do that. No process can do that.

Judge: I didnt ask you, sir, whether you have to have a statute, the email
does not contain a statute then I find that as a matter of fact.

Defendant: I dont know what contain a statute means if it contains a

Judge: Refers to NRS

Defendant: Time stamp [1.35.42]

Judge: Sir, youre out of order so, go ahead.

Plaintiff: Thank you, sir. Mr. Coughlin, we discussed NRS 118A.510 sub E, do
you remember that? Just a moment ago that has to do with
instituting or defending against the judicial or administrative
proceeding, do you remember that?

Defendant: Somewhat.

Plaintiff: Okay. That was only two minutes ago. Do you remember it?

Defendant: Somewhat.

Plaintiff: Is it your testimony that threatening to sue somebody is the same
as instituting or defending against a judicial or administrative
proceeding or arbitration?
116

Defendant: If I I said something about making up or sending out litigation
demand notice, a letter, might be deem tantamount to instituting.

Plaintiff: Okay. Prior to August 22, 2011 did you file any lawsuit against Matt
Merliss?

Defendant: I dont feel qualified to testify the expert [INDISCERNIBLE].

Plaintiff: Your Honor.

Judge: Well, his answer is no.

Plaintiff: Okay.

Judge: I mean essentially, I mean if he doesnt know if he filed a lawsuit, he
didnt file a lawsuit.

Defendant: If earlier I couldnt testify as [1.37.12]

Judge: I didnt say you couldnt, I always said was you cannot give an
opinion as to a legal opinion. Thats up to the court. I said that you
can testify as to the facts, its a fact whether or not you file a
lawsuit, sir. Its not an opinion you did


Judge: Huh?

Plaintiff: intimately [INDISCERNIBLE] at that circumstance.

Judge: Okay. But Im not going to play games with you. If you cannot
testify you filed a lawsuit then Im going to find you did not. Alright?

Defendant: I didnt understand the question be file a lawsuit, I tried to say
institute he borrowed the language from the statute, instituting an
action.

Judge: I thought you said file a lawsuit.

117
Plaintiff: I did, Your Honor. [1.37.55] in a follow-up question.

Defendant: You said prior to that.

Plaintiff: Prior to August 22nd, did you file any lawsuit against Dr. Merliss,
Matt Merliss? Yes or no?

Defendant: I have to look up what that means.

Plaintiff: Did you recall filing any lawsuit prior August 22nd against Matt
Merliss?

Defendant: I need to know what it means to file a lawsuit.

Plaintiff: Youre a lawyer, you dont know what it means to file a lawsuit?

Defendant: You dont think I know what Weed Ordinanc means, so.

Judge: The court did not sustain that objection, sir, but I said that if it was a
Weed Ordinance Violation you could testify to that, it was not that
you couldnt testify. It was you could not give an expert opinion as
to whether or not there had been a violation of a noxious weed
ordinance thats all.

Defendant: Alright. Your Honor [1.39.05]

Plaintiff: Mr. Coughlin, is it your testimony that because Dr. Merliss did not
immediately began eviction proceedings when you stopped paying
rent after May that that somehow makes this eviction retaliatory?

Defendant: I dont know that I stopped paying rent after I paid rent for May and
June.

Plaintiff: Okay, and you have [1.39.45]?

Defendant: Yes.

Plaintiff: Okay. Thats it.

118
Defendant: You had read the if you read the discovery that was [1.39.50] goes
into that. So, I know you like to [INDISCERNIBLE] but I would just
invite you to do diligent inquiry by reading the discovery
propounded to you in fulfillment of your Rule 11 [INDISCERNIBLE]
to the court in a legal profession.

Plaintiff: Okay. Did you provide in cash or checks, for rent paid?

Defendant: I dont recall.

Plaintiff: You cannot recall whether you provide him with cash or checks?

Defendant: That was is that your new question because I didnt know

Plaintiff: Do you recall providing any cash or checks and you discovered that
you just referenced for any rent that you paid?


Plaintiff: Who did you [profound] that discovery to?

Defendant: Im confused as to whether youre saying that [INDISCERNIBLE]
checks you had proof of that or it doesnt seem like thats what
your second question whether this, did I give you. Well, I gave I
could [type] emails wherein your client and my former cotenant
both may what might be deemed [INDISCERNIBLE] against interest
with respect to having, you know, one [INDISCERNIBLE] he clearly
seems to accept her statement that she paid or I think he made a
statement that he received

Plaintiff: Im going to [INDISCERNIBLE] the answer Your Honor unbelievably
unresponsive. I guess at this point I dont have any further cross
examination questions.

Judge: Do you have any responsive statements, sir, testimony?


Judge: And its got to be limited to what you were asked about alright?

119
Defendant: Okay. And on page 26 there was a

Judge: Page 26 of what?

Defendant: The email exhibit, exhibit 8.

Judge: Alright.

Defendant: And just to put into the record there is a exhibit photographs.

Judge: Alright. Im going to admit all of your exhibits, sir.

Defendant: Okay.

Judge: 1 through 9. So, youll have them in the record.

Defendant: And 9 is a motion I found from Nevada Legal Services attorney
named [INDISCERNIBLE] who wrote what seems to be a fairly a debt
motion covering 40.253 sub 6 which we discussed this morning
wherein it was suggested that upon a prima facie finding the court
must make no further order i.e., no rent escrow i.e., Las Vegas Rule
44 [INDISCERNIBLE].

Judge: Well, I agree with your rule 44 is not in play here.

Defendant: Your Honor, if I might just ask for some clarification and what allows
her for essentially requiring me to put an escrow [1.42.52]

Judge: The statute specifically requires it. It says, shall. It doesnt say
may, it says shall, sir.

Defendant: What statute, Your Honor?

Judge: The same statute youre talking about that requires the adoption
of

Plaintiff: 118A.355 sub 5, Your Honor.

120
Defendant: Thats thats not talking about a summary proceeding. Thats
talking about prior to that for some [INDISCERNIBLE] pass that.
Were in the summary proceeding at this point.

Judge: Sir, the statute allows in any case that you cannot defend the
action. Ill read it to you.

Defendant: What would be required if rule 44 in Las Vegas if the stature allow
that? [INDISCERNIBLE 1.43.40] section.

Judge: The statute requires that the rule be adopted. The section that
youre referring to is subsection and I dont know why Im arguing
law with you when youre being a witness either. So, but it says,
justice courts shall establish by local rule a mechanism by which
tenants may deposit rent withheld under paragraph (d) of
subsection 1 into an escrow account maintained or approved by the
court. A defendant does not have a defense to an eviction under
paragraph (d) of subsection 1 unless the tenant has deposited the
withheld rent into an escrow account. It doesnt say with the court.
And we do have, not in the local rule, but we do have and have at
the judges meeting adopted a process to enable tenants to deposit
the rent in escrow with the court. Because prior to that tenants
were unable to deposit their rent because they couldnt establish
an escrow account and they were coming to us. Now, if you wanted
to transfer your money to a different escrow account I have no
problem with that but its going to have to be with the Western
Title or some company like that...

Defendant: Does the Supreme Court

Judge: hold your money.

Defendant: Does the Supreme Court have to set accept those rules before the
justice court can [1.45.17]

Judge: No. If you read that statute, sir, it doesnt require that the escrow
be with the court. It does require the court to establish a local rule,
a mechanism by which tenants may deposit rent. And we did do
that, sir.

121
Defendant: Im just thinking that rule 83 of the Justice Court Rules of Nevada
within it states any rules are made by any Justice Court shall upon a
[1.45.52] be furnished to the Supreme Court but shall not become
effective until or after approval by the Supreme Court in that
allegation.

Judge: Im not allowing you with this, sir. Youre right. But that has nothing
to do with todays proceeding. It has to do with the fact that it says
in that statute the same statute that

Defendant: Is that

Judge: the tenant does not have a defense to an eviction unless you
deposit that rent.

Defendant: Im

Judge: Im not going to argue with you anymore, sir.

Defendant: Im just trying see what in that numerical section of the stature. Is
that something like 355 the

Judge: Its the statute here were referring to. 118A.355 subsection 5, the
same

Defendant: 355, okay.

Judge: The same section youre referring to. Its a separate sentence.

Defendant: I refer to 253 sub 6. To me 355 is long gone. Its not per summary
proceeding.

Judge: Sir, you are defending this action right?

Defendant: Thats in the remedy section, there is a summary proceeding rule
section.

Judge: Alright.

Defendant: So, I dont know that the remedy section is applicable [1.47.10]
122

Judge: Okay. Im not going to argue law with you anymore. Were done
with the argument. Do you have any other testimony, sir? You can
argue the law at the end there after you done testifying.

Defendant: Yes, Your Honor, just a quick [1.47.33] but can I just make sure will I
be able to cross exam Dr. Merliss here, sir?

Judge: Cross exam him. You did cross exam him.

Defendant: I believe it was limited [INDISCERNIBLE].

Judge: Well, you can call him in your case in chief.

Defendant: Yes.

Judge: But you havent even finished your testimony, sir.

Defendant: Okay. Well, Ill quickly do that and then if I could call Dr. Merliss.

Judge: Youll be able to, sir. But you need to finish your testimony.

Defendant: Yes, sir. Ill do that expeditiously here, Your Honor. To from my
point of view

Judge: No, sir, were talking about factual testimony, your point of view is
irrelevant. I want to hear your testimony.

Defendant: Dr. Merliss retaliated against me. I made complaints that I think are
protected by law in short order eviction proceedings were
undertaken by Dr. Merliss, [1.48.42] was hired.

Judge: Which eviction proceedings are you talking about? The one for
nonpayment of rent?

Defendant: All of them. The August 22nd original filing this, the August 16th
letter from the email from Dr. Merliss directing the contact the
law officer Richard [1.49.00] for further communications. Dr.
Merliss, I believe on several occasions referred to me in disparaging
terms, he says he is entitled and he I think he called me malignant
123
in meddling at some point and, and just some other things that kind
of made me feel like I was being discriminated against for being a
white man and maybe for being an American too. Like, he kind of
prefer being with docile workers who worked under the table
maybe didnt have to pay taxes and did get many bad talk, didnt
have rights and all those crazy things that, you know, so I feel like
fair housing violation was going on. And some sex discrimination
with respect to, seemed like Darlene Sharpe could, you know,
negligently send a crew of six guys out to do the same job Dr.
Merliss had paid another guy to do and it all kind of crashed
together and Darlene Sharpe still part of the enterprise with Dr.
Merliss so far as I can tell. So, just seem like I was kind of the one
who is going to be held accountable for anything that went wrong.
And seem like a fairly strong evidence to discriminatory practice.
The I I learned Dr. Merliss on numerous occasions of problems
with the wood landing above the steps that had crumbled which
have these kind of great strip tape things on top of the wood that
were peeling, kind of creating a safety hazard wherein one, you
know, coming up or down the steps could trip or slip [1.51.07]. That
wasnt addressed. The stairs in the back of the house were also
having significant issues, that wasnt addressed despite written
request. Its not as though Ive alerted this court to every little thing
that went wrong or all that hours and hours of work I did. For
instance, one time the washing machine got a table mat stuck in
one of its interior drainage parts and it wasnt draining and Dr.
Merliss sent Antonio out. Antonio spoke little to no English and in
assessing the situation attempting to troubleshoot it he flooded the
kitchen.

Plaintiff: Your Honor, may I please [1.52.00] objection for the record. The
court was previously asked Mr. Coughlin for the entire universal
habitability type issues that he wants to address. The court can find
his testimony to those things. Hes just rambling about things that
he admits he hasnt brought up before. I just want to put my
objection on the record to any testimony about this stuff.

Judge: Sir, Im going to sustain that objection. I have listed those items at
the outset of this hearing. You said you understood clearly what
they were and

124
Defendant: That incident

Judge: A washing machine was not on that list, sir.

Defendant: You read my pleadings. Its not Im going to ask him for rent, its
going to my credibility [INDISCERNIBLE] Im not a problem tenant
who wants that little thing. Ive done things to save his floors. I got
up four fence and lifted the carpets and the pad to make sure that
they dry when Antonio flooded that

Plaintiff: Same objection.

Defendant: in the kitchen. I got [1.53.00] and cleaned it up.

Judge: Objection sustained, sir.


Judge: Anything else?

Defendant: I dont think so, Your Honor, thank you.

Judge: Alright. Any further cross examination?

Plaintiff: Well, before I do, Your Honor. Did I hear Mr. Coughlin attempt to
admit exhibit 9, some motion from some other case, I would object
to that as irrelevant.

Judge: Im allowing it in.

Plaintiff: Okay.

Judge: But your objection is overruled.


Judge: Anything else, Mr. Coughlin?

Defendant: Yes, sir. [1.53.44] if I may just quickly

125
Judge: No. About he had a question. Im sorry.

Plaintiff: Im still on the cross.

Judge: Youre on the cross.

Plaintiff: May I have these marked, Your Honor.

Judge: Yes.

Plaintiff: [INDISCERNIBLE 1.55.02] been marked as exhibit G, for investigation
excuse me, for identification purposes. Take a second and look at
that, please.

Defendant: I dont recognize that at all.

Plaintiff: Really? Lets turn to second page.

Defendant: Let me correct myself.

Plaintiff: Well, theres not a question pending so. You want to
[INDISCERNIBLE] for a second? Turn to the second page.

Defendant: I might recognize the thing about at being black

Plaintiff: Still no question pending.

Defendant: I thought you said, do you recognize this?

Plaintiff: Turn to second page, please. What appears to be an email from you
to MrMerlissMagunda@aol.com dated June 2, 2011 at the bottom
of that page, do you see that?

Defendant: Yes.

Plaintiff: The subject line is, garbage disposal jammed, is that right?

Defendant: Um-hmm.

Plaintiff: Okay. This is an email from you to Matt Merliss, is that right?
126

Defendant: I dont know.

Plaintiff: You dont know?

Defendant: Well, I mean you can be something and I dont know what you
downloaded.

Plaintiff: Okay.

Judge: Well, I believe this same email is contained in exhibit 8.

Plaintiff: Yes, sir. In exhibit 8 page starting at the bottom of page 24 you
have exhibit 8 [INDISCERNIBLE 1.56.40]

Defendant: Page 24.

Judge: Which page?

Plaintiff: 24, sir. At the bottom of exhibit 8, page 24.

Defendant: Yeah. [1.56.55] settlement negotiation for [INDISCERNIBLE] or
something like that?

Plaintiff: Okay. Well lets just take a look at it, alright? Lets go to the bottom
of page 24 of exhibit 8. And the emails starts out, the garbage
disposal is jammed. Do you see that?

Defendant: Um-hmm.

Plaintiff: Is that a yes?

Defendant: On page 24 of 8.

Plaintiff: Yes.

Defendant: Yeah.

Plaintiff: I want you to go to the fourth line of that email, its actually on
page 25, the following page.
127

Defendant: Um-hmm.

Plaintiff: At the very end of that line theres a sentence that starts with the
word i, do you see that? Do you see the word I?

Defendant: Your exhibit or my exhibit?

Plaintiff: Page 25 of exhibit 8.

Defendant: Um-hmm.

Plaintiff: Here.

Defendant: Objection, Your Honor. This is a badgering call as Mr

Judge: Thats overruled. Overruled.

Defendant: I find it, its just here.

Plaintiff: That sentence reads, I can have the crumbling places patched for
$..., otherwise I would like to fix this it is dangerous given one can
trip on the stairs. Did I read that correctly?

Defendant: From 8, it sounds like you did.

Plaintiff: Okay. Now lets go back to exhibit G.

Defendant: Are you referring to the settlement negotiation reduction?

Plaintiff: Im referring to your email. Please go back to exhibit G.

Defendant: Where some some figures were darkened for purposes of not
putting settlement negotiations [1.58.35], is that what youre
referring to?

Plaintiff: You know what Im referring to.

Defendant: I dont know, Im asking you.

128
Judge: Well, the court will take notice that the $25 and the $75 have been
eliminated.

Plaintiff: Yes, sir. Thank you. The $75 offer by Mr. Coughlin to fix the stairs
which hes now claiming for $1,250 has been redacted by Mr.
Coughlin thats all Im trying to savage here.

Judge: I didnt say settlement offer. I just said its been redacted.

Plaintiff: Its not settlement offer.

Defendant: So, now you submitted a settlement offer into the record?

Plaintiff: [1.59.12] No sir, this is a demand for some sort of notification.
Thats all I have, Your Honor.

Judge: Alright. Its not a settlement offer, sir. Its no litigation pending at
the time this was written, so, anything else? Okay, did you want to
call another witness, sirs or we can

Defendant: If I can call Dr. Merliss, Your Honor.

Judge: Alright.

Plaintiff: Can I take a few seconds?

Judge: Yeah.

Plaintiff Just to go to the bathroom, please.

Judge: Sure.

Plaintiff: Your Honor, thank you.

Judge: Take a five minute recess.
129
,.
t'
..
,.
,.
),
"
1l0N . .lAY D. DILWORTH
Dcp:'!ltmcnl 1
1101"' . WI.LLlAl\I L. G.-\RDl"ER
Department 2
HON. DOROTHY NASH
HOLMES
-Licparrrnenl3 -........ -
HON. KENNETH R. HOWARD
DC'partmeni 4
RENO MUNICIPAL COURT
c , ..- ".
REN()
TRANSCRIPTS ON APPEAL/OTHERS
CASSANDRA JACKSON
Interim Court Adminisu-ator
J'USTJi'i ROPEI{
Chief Marshal - Depanmcnt
of Alternative Sentencing
If you wish to order a transcript of your proceedings in the Reno Municipal Court, you
may do so by contacting Pam Longoni at (775) 530-5251.
The following information is provided to assist you in placing an order for a transcript:
I. Orders will require the date of the court appearance, type of proceeding, (trial,
arraignment, etc.), department number in which the proceeding was held, and also
include the appropriate deposit as indicated below. Payment may be made by check or
money order. No transcript will be prepared until the required deposit is received.
Appeal transeripts are billed at $4.10 per page, which includes an original (to
be filed willi District Court), one copy for the appeilant, and one copy for the opposing
counsel. Transcripts ordered for purposes other than appeal, where only one copy and
original transcript is required, are billed at $3.00 per page.
3. Deposits. Deposits required are as follows: $75.00 for arraignment/sentencing; a
minimum deposit of$200.00 for any trial transcript; and a minimum deposit of$500.00
for very lengthy trials (those lasting more than three hours). NO TRANSCRIPT IS
CONSIDERED TO BE OFFICIALLY ORDERED, AND COMMENCEMENT OF
TRANSCRIPTION WILL NOT BEGIN, UNTIL RECEIPT OF THE REQUIRED
DEPOSIT.
4. Follow-up on Transcript Preparation. You will be notified when your transcript has
been prepared. If the actual cost of the transcri pt is less than the amount of the deposit
paid, a iefund will he issued with the transcript. And, likewise, any outstanding balance
due after completion of the transcript must be paid before the Original is filed with
District Court or any copies released. 0 refunds of deposits will be given for transcripts
once they have been prepared and no responsibility will be taken for the dismissal of any
-appeal by District Court because no Original was filed due to non payment of an
balance due.
5. Questions. Longoni will be happy to answer any questions you may have
the above information.
,
'- .
P.O. Nevada 89505 (715) 3342290, Fax (715) 3343824
\
-.
i/
ii
1 I CODE3370
2 '
i
3 '
4
FILE 0
Electronically
06-20-2012:03:1721 PM
Joey Orduna Hastings
Clerk of the Court
Transaction # 3161203
5
6 I
i
7 '
I
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
8 I
!
I
10
1
AppeUant,
"I , vs.
12 ;
I
13 I CITY OF SPARKS,
14 '
IS ,I,
Resondent
16

Case No. CR12-1018
Dept. No. I
17 I ORDER
18 i On June 28. 2012. Appellant in filed aMotion/or
19 I Extension of Time to File Opening Brief On July 9, 2012, Respondent City of Sparks ("City"), by
i
20 i and through counsel, Rosalba I. Arango-Jobnson, Esq., filed a Reply. On July 16,2012, Appellant
21 filed a Molion to Compel Trial Courllo Transmit Transcripts. On July 20, 2012, City filed a
22 Response. On July 16,2012, Appellant filed aMotion to Strike Defective Transcript. On July 20,
23 I 2012, City moo a Response. The Court notes these three motions have intertwined issues.
,
24 Accordingly. the Court will issue a single order which addresses and decides all three motions.
2' I' Appellant has filed a timely Notice of Appeal from a final judgment of the Sparks Municipal
!
i6 i Court convicting him of Obstructing a Public Officer. a misdemeanor, in violation of S.M.C.
27 19.03.020. On June 4, 2012, Appellant was sentenced to forty-five (45) days in the Washoe County
I
28 !
.. Jail. That sentence was suspended for up to one (I) year under the condition that Appellant pay a
2 : $1,000 fme, and complete fourteen (14) weeks of anger management counseling.
3 I On June 18,2012, this Court issued an Order for Bri<iflng Schedule, requiring Appellant to
4 i file his Opening Briefwithin 30 days. To comply with this Order, Appellant contacted the Sparks
!
, i Municipal Court and asked for a copy of the transcript from his proceedings. The Municipal Court I
6 [ told Appellant that in order to pursue the appeal, he had to "arrange and pay for a certified transcript
7 i of the court proceedings." (Appellant's Mot. to Compel, p. I.)
! Appellant now asks this Court for an Order: (I) directing the Municipal Court to provide a
I copy of Appellant's transcript to the Second Judicial District Court; (2) directing the Municipal
10 : Court to reimburse Appellant $381.25 in costs he incurred to have a transcript prepared; and (3)
11 i striking the defective transcript prepared by Pam Longoni of TypeWrite Services, filed on July 10,
12 i20IO.
,
13 I Both parties agree that it is the responsibility of the Municipal Court, pursuant to N.R.S.
I< 1189.030(1), to provide a copy of Appellant's transcript to the Second Judicial District Court within
" I ten (10) days of Appellant's timely Notice of Appeal.
16 I N.R.S. 189.030(\) provides:
17
18 !
19 I
2O!
The justice shall, within \ 0 days after the notice of appeal is filed, transmit to the
clerk of the district court the transcript of the case, all other papers relating to the
case. and a certified copy of the docket.
On the record before the Court, the Sparks Municipal Court did not transmit. copy of
21 I Appellant's transcript to the Second Judicial District Court. Thus, the Court finds that the MUOiCipal1
Court failed to comply with N.R.S. 189.030(1). Accordingly, and good cause appearing, Appellant'
22
request is GRANTED. The Sparks Municipal Court is ORDERED to transmit Appellant's
23
, transcript, all other papers relating to his case. and a certified copy of the docket to the Clerk of the
24 I
! Second Judicial District Court.
> Appellant next contends he is entitled to reimbursement for expenses he incurred in having a
26 I copy of his transcript prepared. City opposes this request on the grounds that the Nevada Supreme
27'
I
Court has found that "costs of transmission can properly be assessed to the non-indigent appellant"
28
,Braham v. Fourth Judicial Dis!. COl!!1, \03 Nev. 644, 647, 747 P.2d 1390, 1392 (1987).
II
I
i
I I
In Braham. the defendant was convicted in a Justice Court of driving with a revoked driver's
2
license. The defendant appealed his conviction to the District Court, which required him to pay for a
3 tmnscript of the Justice Court's proceedings. The Nevada Supreme Court found that although I
4 N.R.S. 189.030(1) establishes a limeframe for transmitting tmnscripts, it is silent regarding the costs,
,
6
for transmitting transcripts. Id. at 1392. The Nevada Supreme Court found that, in the absence of
explicit legislative direction otherwise, N.R.S. 4.410(2) controls who pays for the transcript. Id.
i
7 . Since N.R.S. 4.410(2) places the burden of paying for transcripts "on the party orderiog them", the
3 defendant was not entitled to reimbursement for the costs of his transcript. Id.
9 . On the record before the Court, AppeUant has not been fouod indigent; and is ordering
10 transcripts for his appeal. the Court finds he is not entitled to reimbursement for his costs in
II I' preparing the transeript. Accordingly, and good cause appearing, Appellant's request for
12 reimbursement is DENIED.
13
,
l
Finally, Appellant asks this Court to strike the transcript prepared by Type Write Services,
14 ' filed on July 10,2012. Appellant conlends the transcript is nota true and correct record of the
15 in that it omits five minutes of the trial. including discussion of an overruled defense
16 : objection. City agrees that the tmnscript does not include some unknown portion of the trial, but
17 I suggests that the quickest and most cost-.effective way to remedy the situation, is to have the missing
18 I portion reviewed, amended, and re'certified by the transcriber.
I
19 I N.R.S. 189.035(1) provides:
20 ! [I]fthe district court finds that the tmnscript ofa case which was recorded by
21
22
sound recording equipment is materially or extensively defective? the case must
be returned for retrial in the justice court from which it came.
23 I On the record before the Court, there are at least thirty (30) instances in Appellant's
,transcript wbere the tmnscriber has labeled a portion of the proceedings as "inandible". In addition,
24 i City does not offer any evidence to counter Appellant's contention that a possible reversible error is
included within the missing portions of the transcript. Rather, City contends the burden is on
26
Appellant to provide "8 stronger. more clear explanation of his position in order to make a
27 !
, convincing argwnent that the transcript should be stricken. (See Respondent's Response 10
28
Appellanl's Molion to Strike Defective Transcript, pg. 2.)
I!
The Court finds that, underN.R.S. 189, the burden for ensuring that a full aod correct
2 ' transcript of the proceedings is properly delivered to the District Court is on the Municipal Court -
3 ! not on AppeUant. Given City's acknowledgement that 8 portion of the trial has been omitted from
4 the transcript, and given the possibility that this omission may have included an error, the Court
, I: finds Appellant's July 10,2012, transcript is materially defective. Accordingly, the Court remands
! this case to the Sparks Municipal Court for a new trial. See N.R.S. 189.035(1) ["if the district court
7 fmds that the transcript . .. is materially or extensively defective. the case mllSt be returned for
retrial .. .'1
,
9 : The Court has considered the pleedings and the record in its entirety. Accordingly, and good I
10 i cause appearing, Appellant's Motions are GRANTED in part and DENIED in part. The case is
II
12
13
14
"
I.
17
"
I.
20
21
22
23
24
25
2.
27
2.
:
I
I
i
,
.1
I:
hereby REMANDED to the Sparks Municipal Court for a newtriaJ. This Court's June 18, 2012,
Order for Briefing Schedule is hereby vacated.
() ,2012.

2
CERTIfiCATE OF MAILING
: I Pursuant to NRCP 5(b), I certifY that I am an employee of the Second Judicial District Court
5 I of the Slate of Nevada, County of Washoe; that on this :zd-day of ~ u r f '
c
61' 2012,1 deposited in the County mailing system for postage and mailing with the United States Postal
7 Service in Reno, Nevada, a true copy of the attached document addressed to:
I
I
9 ,
"
IOj
II
12
13
"
16
17
18
"
20
21
22
2S 1
26 i
27
28
Rosalba I. Anulgo-Johnson
Assistant City Attorney
P.O. Box 857
Sparks, NY 89432-0857
Attorney for Respondent
1
1 CODE: 4185
LORI URMSTON, CCR #51
2 Peggy Hoogs & Associates
435 Marsh Avenue
3 Reno, Nevada 89509
(775) 327-4460
4 Court Reporter
5
6 SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
7 IN AND FOR THE COUNTY OF WASHOE
8 HONORABLE STEVEN P. ELLIOTT, DISTRICT JUDGE
9
10 STATE OF NEVADA,

11 Plaintiff,
Case No. CR12-0376
12 vs.
Dept. No. 10
13 ZACHARY BARKER COUGHLIN,

14 Defendant.
_____________________________/
15

16 TRANSCRIPT OF PROCEEDINGS

17 REPORT - PSYCHIATRIC EVALUATION
18 APRIL 19, 2012; THURSDAY
19 RENO, NEVADA
20
21
22
23
24 Reported by: LORI URMSTON, CCR #51
F I L E D
Electronically
05-09-2012:09:42:24 AM
Clerk of the Court
2
1 APPEARANCES:
2 For the Plaintiff: ZACH YOUNG
Deputy District Attorney
3 1 South Sierra Street
South Tower, 4th Floor
4 P.O. Box 30083
Reno, Nevada 89520
5

6 For the Defendant: BIRAY DOGAN
Deputy Public Defender
7 350 S. Center Street
P.O. Box 30083
8 Reno, Nevada 89520
9
10 For the Department of
Parole & Probation: GAIL FALCONER
11

12
13
14
15
16
17
18
19
20
21
22
23
24
3
1 RENO, NEVADA; THURSDAY, APRIL 19, 2012; 10:20 A.M.
2 --o0o--
3 THE COURT: And then the last thing we're going to
4 take before a recess will be the Zachary Coughlin.
5 MR. YOUNG: Good morning, Your Honor.
6 MR. DOGAN: Your Honor, Biray Dogan on behalf of
7 Mr. Coughlin who is present today and out of custody.
8 THE DEFENDANT: Good morning, Your Honor.
9 THE COURT: All right. Then this matter is here on
10 a report of psychiatric evaluation. There is a letter
11 here from Sally Farmer and Bill Davis. And have you
12 received this, Mr. Dogan?
13 MR. DOGAN: Your Honor, can I have the Court's
14 indulgence?
15 MR. YOUNG: Your Honor, can we approach?
16 THE COURT: Yes.
17 (A discussion was held off the record.)
18 THE COURT: Well, as a result of the hearing here
19 at the bench, the Coughlin matter will be continued to
20 the end of our docket so that we can take a recess now.
21 And the end of the docket means that it would be after
22 the 10 o'clock matter, because it's already 25 after
23 10:00 or so, and we need to get on with another matter
24 in that we have a lot of people here.
4
1 All right. So court will stand in recess.
2 (A recess was taken and the following
proceedings were had at 10:45 a.m.:)
3
4 THE COURT: As our next case then, we'll go back to
5 the 8:30 docket, and let's take Zachary Coughlin again.
6 Let's see if we can conclude that matter.
7 MR. YOUNG: Good morning, Your Honor.
8 THE DEFENDANT: Good morning, Your Honor.
9 THE COURT: And then we're here to discuss the
10 letter of April 17 that was sent out really to
11 Mr. Dogan with copies to me and Mr. Young from Sally
12 Farmer and Bill Davis who are psychologists at the
13 Lakes Crossing Center.
14 And, Mr. Dogan, do you want to explain this?
15 MR. DOGAN: Yes, Your Honor.
16 THE DEFENDANT: I'm sorry, Your Honor, if I can
17 interject quickly.
18 THE COURT: I'm asking Mr. Dogan to start.
19 THE DEFENDANT: Yes, Your Honor, but before he puts
20 anything on the record, I'm going to ask to have him
21 withdrawn or--
22 MR. DOGAN: That would be a separate matter.
23 THE COURT: I'll go with Mr. Dogan.
24 THE DEFENDANT: Thank you, Your Honor.
5
1 MR. DOGAN: Your Honor, if any issues are raised
2 regarding a motion to withdraw or anything dealing with
3 my representation of Mr. Coughlin, that would be a
4 separate hearing. That hearing will be under Young
5 versus State. Today we are here for one matter, and
6 that is the SB89 regarding my client's competency and
7 whether he's fit to proceed with adjudication.
8 Your Honor, I'm going to be requesting a short
9 two-week continuance in this case so that my client can
10 be evaluated by Lakes Crossing, by both Sally Farmer
11 and Dr. Davis.
12 My client has done all he can do to make his
13 scheduled appointments with both of the doctors in this
14 matter. And there have been some significant
15 difficulties with Mr. Coughlin being evaluated by both
16 of those doctors. However, I believe those
17 difficulties will be able to-- we'll iron them out and
18 we'll be able to get that competency evaluation for the
19 Court within two weeks.
20 THE COURT: So you're in essence telling me that
21 you believe at this point in time that your client is
22 willing to cooperate with an evaluator?
23 MR. DOGAN: I do, Your Honor. Your Honor, the
24 reason is because the Court has never-- we've never
6
1 appeared in court. And if Your Honor orders
2 Mr. Coughlin to cooperate and to obtain the
3 evaluations, by then we should be able to have those
4 evaluations for Court.
5 The one thing that I want to prevent in this case
6 is Mr. Coughlin being remanded into the custody of the
7 Washoe County Sheriff so that he can be evaluated while
8 he's at the Washoe County Jail. That's a huge concern
9 of mine. And I do not want Mr. Coughlin to be remanded
10 to the custody of the Sheriff.
11 Your Honor, the main reason is because Mr. Coughlin
12 is a licensed attorney. He does have clients and he's
13 representing those clients. If he is remanded into the
14 custody of the Sheriff, he will not be able to pursue
15 the litigation that he must while representing those
16 individuals, and his livelihood-- it will significantly
17 impact his livelihood. And, therefore, I'm going to
18 make that request, that this matter be continued
19 briefly for two weeks, Your Honor.
20 THE COURT: Well, clearly if he's not going to
21 cooperate out of custody, putting him into custody, you
22 know, and forcibly cooperating is the alternative, so
23 it has to be considered.
24 And, Mr. Young, what is the State's position?
7
1 MR. YOUNG: Your Honor, I think Mr. Dogan
2 accurately stated that essentially your two
3 alternatives at this point are just to continue the
4 matter out a few weeks to give Mr. Coughlin an
5 opportunity to be evaluated or alternatively remand him
6 into custody where, as you stated, it would more or
7 less seek to-- that the evaluations take place.
8 I'm going to respectfully ask that you follow the
9 latter of those two alternatives. And if I could take
10 a minute to explain why I'm making that recommendation.
11 He was released for this case on a 1,500-dollar
12 bond that he posted. And obviously, one of the
13 conditions of somebody being released, whether it's
14 bond, OR or otherwise, is conditioned upon that
15 individual's good behavior. And what we have here is
16 an individual who-- The competency evaluation was
17 filed in Justice Court February 27th. The matter was
18 set to my knowledge for April 3rd in front of Your
19 Honor for the evaluation.
20 There was the request, albeit done by e-mail by
21 Mr. Coughlin in his personal capacity, but after
22 speaking with the court staff and Mr. Dogan, I agreed
23 to continue that out to give Mr. Coughlin the
24 opportunity to get his evaluations done.
8
1 We then go forward to today. And Your Honor has
2 already referenced the letter which talks about
3 threatening legal action against one of the evaluators,
4 showing up late to the scheduled appointment, taking
5 additional time to--
6 THE DEFENDANT: Object, Your Honor; hearsay.
7 THE COURT: Overruled.
8 THE DEFENDANT: Move to strike.
9 THE COURT: You're not in a position to object to
10 anything.
11 THE DEFENDANT: I understand that, Your Honor.
12 Respectfully, I submit that rather than having
13 handcuffs on me, by having Mr. Dogan as my attorney, I
14 would ask that I be allowed to represent myself.
15 THE COURT: You're in a position where, you know,
16 if you interrupt and cause trouble, you're going to be
17 taken into custody and then forcibly, you know, given
18 these evaluations, so if I were you, I would simply
19 cooperate with us and don't cause a problem.
20 All right. Mr. Young, you may proceed.
21 MR. YOUNG: Your Honor, after showing up 20 minutes
22 late according to the letter, which is on file with the
23 court, he takes an additional ten minutes arguing with
24 security personnel and basically being completely
9
1 disruptive to the process.
2 The ironic thing about this is that this evaluation
3 is entirely for Mr. Coughlin's benefit. The threshold
4 question is: Is he competent to stand trial? But even
5 if he's-- if the evaluations come back that he is
6 competent, his attorney can use that to his benefit
7 with what's contained in the evaluations for any
8 potential negotiation purposes, sentencing, should we
9 get to that point, and the like.
10 And so through the actions of the defendant, not to
11 mention his previous statements that, one, he doesn't
12 even want to get evaluated for competency, and then
13 subsequent to that having a problem having Lakes
14 Crossing do that, at a minimum, his actions are not
15 evidencing good character as is required by his bail
16 being posted. At worst, it's completely
17 obstructionist.
18 And he is in the sole position to bring this entire
19 proceeding to a screeching halt if he continues this
20 behavior, showing up late, not cooperating with going
21 through evaluations which benefit him.
22 So based on that, Your Honor, what I would ask is
23 that you revoke the bond that was previously posted and
24 remand him into custody. We can set this for another
10
1 hearing consistent with the Court's calendar and the
2 evaluators at Lakes Crossing so that we can come back
3 to Your Honor and determine, which is the only
4 threshold question at this point, is he even competent
5 to go forward.
6 And, like I say, based on the actions in this case,
7 the correspondence sent to me, either cc'd or directly
8 from Mr. Coughlin, it's clear to the State that he's
9 just being an obstructionist through this entire
10 process, and so remand is appropriate to the State.
11 THE COURT: Well, Mr. Coughlin, we are at this
12 stage where you need to have this evaluation. And I
13 need to know, are you going to cooperate and go over to
14 Lakes Crossing and get the evaluation?
15 THE DEFENDANT: Your Honor, if I may address that
16 for a moment.
17 THE COURT: Please do.
18 THE DEFENDANT: Okay. Your Honor, there's been
19 some problems in terms of working with Mr. Dogan here.
20 I haven't been copied on filings to the Court. It's
21 always been my understanding, either by Mr. Dogan or by
22 the D.A., it's always been my understanding as an
23 attorney that that's just a matter of course, you copy
24 your clients on anything you file and anything you
11
1 receive.
2 Mr. Bosler, after I had complained of Mr. Dogan's
3 failure to so copy me in that regard, particularly with
4 respect to, say, this order for competency eval--
5 MR. DOGAN: For the record, that was provided to
6 Mr. Coughlin.
7 THE DEFENDANT: He might have e-mailed that to me,
8 but certainly documents such as the D.A.'s opposition
9 to my motion to appear as co-counsel and have
10 Mr. Dogan, I believe, withdraw as counsel, that was
11 never forwarded on to me despite my--
12 MR. DOGAN: For the record, that was also provided
13 to Mr. Coughlin.
14 THE DEFENDANT: Excuse me, sir. I would like to
15 have my opportunity now.
16 THE COURT: Go ahead.
17 THE DEFENDANT: I have provided Mr. Dogan express
18 written indication that I wish to be copied on every
19 single filing in this matter. In addition, matters
20 which perhaps are going to be subject to a work product
21 exception which the Public Defender would not have to
22 provide me, such as e-mails between Mr. Dogan and
23 Mr. Young, but I have expressly indicated in writing on
24 numerous times that I wished to be copied on that.
12
1 To get back-- I know this is getting somewhat far
2 afield, Your Honor, from what you prompted me to
3 address, but this competency evaluation, I would object
4 to this competency evaluation on a number of grounds.
5 One would be res judicata. There was already a
6 competency evaluation done. I passed with flying
7 colors.
8 Judge Sferrazza thought so much it that he
9 essentially folded it up into a paper airplane and went
10 like that (indicating) and sent it right back to
11 Mr. Goodnight, and the bill along with it. Whereupon
12 Mr. Goodnight promptly-- He's a Public Defender who
13 attended to the first competency evaluation.
14 Mr. Goodnight promptly asked to be allowed to withdraw.
15 And Judge Sferrazza sagely pointed out to
16 Mr. Goodnight the inequity and disingenuous of his so
17 standing behind a request for a competency evaluation
18 only to immediately thereafter seek to withdraw,
19 essentially saying: Which is it, Mr. Goodnight? Does
20 your client need a competency eval or is he so-- he
21 doesn't need you?
22 Your Honor, there's some legal points I would like
23 to put in the record here. NRS 178, I believe it's dot
24 455, but I could be wrong, but I did copy Mr. Dogan and
13
1 Mr. Young on this recently in writing, says that
2 motions have to be in writing. There was no written
3 motion in this regard. I've reviewed the file in the
4 Reno Justice Court. And this is the case with both of
5 the competency evaluations that have been ordered here.
6 And both of them, I believe, demonstrate a retaliatory
7 intent on the part of the Public Defender.
8 And Mr. Hunt who was testifying here earlier, well,
9 he went into matters to which I can't-- I can't say--
10 I know Mr. Dogan. We went to high school together.
11 We're both Reno High, I believe, class of '95-ish, from
12 Swope to Reno High. And I've never known him to be a
13 Jihadist or anything or that sort. You know--
14 MR. DOGAN: A Jihadist for the Public Defender,
15 though.
16 THE DEFENDANT: He's always been a bright guy with,
17 you know, a good sense of humor. So I can't concur
18 with Mr. Hunt's statements in that regard.
19 Now, respectfully, I can submit I've been shushed.
20 I've been told, you know, things similar to what was
21 being said.
22 I understand that the Public Defender is in a very
23 funny situation. It's a very-- It's got to be very
24 difficult. And I'll just say respectfully, Your Honor,
14
1 I was a domestic violence attorney for a legal aid
2 organization which I believe you're aware of attendant
3 to another case in your court, but I thought that stuff
4 was heavy to deal with on an emotional level. But
5 sitting here this morning, witnessing what the bench
6 and the Public Defender and the District Attorney have
7 to deal with, that they have to do in the course of
8 their business every day, it's-- I don't want to say
9 impressive, but it makes me have even more respect for
10 the court and the Public Defender and the District
11 Attorney, because these are heavy matters. These are
12 very human issues that you deal with here.
13 And I say that respectfully. Now I'm going to get
14 to what I wanted to say, which is somewhat critical.
15 And I just prefaced it with that respect, to point out
16 that I do even more so now comprehend the enormity of
17 the-- the heaviness and the emotional burden that you
18 and those at the bar here face every day.
19 But I have been shushed a lot. I've had Mr. Dogan
20 storm away from me. Granted, it's not easy to have an
21 attorney as a client.
22 THE COURT: Mr. Coughlin, you know, I have limited
23 time today to devote to this matter, and really what
24 you are facing is that I agree that you need this
15
1 evaluation, I want to see it, and either you agree that
2 you'll cooperate and go over to Lakes Crossing and get
3 the two evaluations or I will revoke your bail, put you
4 into custody and then as an in-custody you will be
5 evaluated.
6 THE DEFENDANT: Yes, Your Honor. And just quickly
7 for the record, I'll dispense with the frilly language
8 and extemporaneous, you know, speechmaking, but there
9 was no motion here made pursuant to 178, I believe dot
10 455. There needs to be in the records with the Justice
11 Court articulating an express basis for seeking this.
12 I believe there's a retaliatory basis.
13 Just days prior to this being made, and I believe
14 improper contact being made with the Municipal Court by
15 somebody with the Public Defender's, just days prior to
16 that, I filed a motion critical of Mr. Dogan missing a
17 hearing. In that regard, I believe there also needs to
18 be a hearing. There was no hearing in either of these
19 matters.
20 THE COURT: Mr. Coughlin, are you basically telling
21 me that you're not intending to get the evaluation,
22 that you're resisting--
23 THE DEFENDANT: No, sir, that's not what I'm
24 telling you. I'm saying--
16
1 THE COURT: Because if you're not going to do it on
2 your own, I'll put you in custody and we'll take care
3 of it that way.
4 THE DEFENDANT: I understand, Your Honor. And
5 that's not what I'm saying. What I'm saying is-- You
6 referenced this process. I believe if we're going to
7 call it a process, it needs to entail some process,
8 some due process hopefully.
9 And if I ask Mr. Dogan to conduct some Legal
10 research on-- which I have done, Your Honor, and I
11 would like to put forth some of these cases to you,
12 directed to the parameters of such competency
13 evaluation, directed to the privacy rights attendant to
14 one forced to undergo such an evaluation. I've simply
15 received no counsel or no advocacy in this regard from
16 the Public Defender. I've had meetings missed. I've
17 been told to shush. I've been told all sorts of things
18 that just frankly I'm taken aback by.
19 This evaluation, we have no idea of the scope of
20 this other than I'm given some indication by the
21 statute what it is directed to, my ability to
22 understand the proceedings, to assist Mr. Dogan in the
23 defense thereof. And there's one more element which
24 I'm blanking on right now, but it's substantially
17
1 similar to the first one.
2 It's not a-- it's not a blank check to
3 psychiatrists who have some sort of requirement
4 contract with the Public Defender, and I stated some--
5 or the court. I've stated some objections. I believe
6 I should be able to have a private psychologist
7 appropriately certified under NRS 178 to perform this.
8 I've been told no. I've been told I won't be
9 reimbursed in that regard.
10 But it's not a blank check, I don't believe, to
11 force me, someone who is seeking to take advantage of
12 my tax dollars at work by having my Sixth Amendment
13 right to counsel accorded to me. It's not a blank
14 check to Lakes Crossing to demand anything they want to
15 know about me, particularly when I'm involved in a
16 field where mendacious and scurrilous individuals such
17 as Richard G. Hill will co-op any sort of information
18 or innuendo--
19 MR. YOUNG: Your Honor, I'm going to object to this
20 as completely irrelevant.
21 THE DEFENDANT: --to further their ends.
22 THE COURT: I have to agree.
23 Mr. Coughlin, if you're telling me fundamentally
24 that you don't plan to cooperate, I'll revoke your bail
18
1 and put you into custody of the Washoe County Sheriff
2 and then they can get you, you know, the evaluations as
3 an in-custody person. That's what I would have to do.
4 You know, you are a very articulate man and, you
5 know, you're stating your positions on this, but your
6 positions are against what I want done.
7 THE DEFENDANT: I don't know what you want done,
8 Your Honor.
9 THE COURT: I just want you to get the two
10 evaluations at Lakes Crossing. They're the people that
11 normally do this for everybody, you know, and--
12 THE DEFENDANT: And I presented--
13 THE COURT: --that's the appropriate thing to have
14 done at this time.
15 THE DEFENDANT: And I presented twice in that
16 regard, Your Honor, and it's my understanding they just
17 flat out refuse to continue. In that regard, I believe
18 I should-- One, I dispute the accuracy of their letter
19 wholeheartedly. I find it inaccurate, I find it
20 retaliatory in tone. But I did present-- And there's
21 a case--
22 THE COURT: Well, I've never seen a letter like
23 this before. I mean, people just don't show up, that's
24 true, but once they show up, they generally, you know,
19
1 cooperate with the talking and taking whatever testing
2 needs to be done and get the evaluation. It's not a
3 very painful process.
4 THE DEFENDANT: And I was told-- Maybe not for
5 people who aren't very aware of constitutional rights.
6 But for someone who is burdened with the fact that they
7 went to law school, you know, it's difficult. And I
8 would submit that there's a number of cases in juris
9 prudence in this regard that speak to the extent--
10 THE COURT: Mr. Coughlin, since you're not going to
11 cooperate--
12 THE DEFENDANT: No, I will cooperate. I just need
13 to know, Your Honor--
14 THE COURT: But you're telling me you're not
15 cooperating.
16 THE DEFENDANT: No, I will. I'm telling you I
17 will. And I did, I showed up. They asked me a
18 question--
19 THE COURT: You have to show up and you have to
20 meet with the two psychiatrists or psychologists, I
21 guess, technically, whatever they are, and, you know,
22 talk to them, be responsive and get the appropriate
23 evaluation.
24 THE DEFENDANT: If they ask me to take off my
20
1 clothes and appear naked, do I need to do that?
2 THE COURT: I think it's unlikely that that's going
3 to happen to you. I'm not going to speculate as to,
4 you know, totally absurd, you know, things that could
5 happen during a psychological--
6 THE DEFENDANT: If they ask me if I've ever had any
7 mental health treatment, if they ask me to have a copy
8 of any of my medical records, if they ask me any sort
9 of personal information that would normally be
10 protected--
11 THE COURT: Then you're saying you won't cooperate?
12 THE DEFENDANT: No, I didn't say that, sir. And I
13 didn't say that to Lakes Crossing either. They stormed
14 off. I said, "I'll have to check my records, let me--"
15 something like, "Let me think about that."
16 And they stormed off in anger. They said, "We're
17 done and left."
18 And it was appalling. And then to send the letter
19 they sent you, Your Honor, is appalling. I didn't
20 stand there and say: I'm refusing to tell you
21 anything. I didn't do that. Dr. Davis appeared--
22 THE COURT: Look, Mr. Coughlin, I just need to
23 know, are you going to go there and cooperate and get
24 this psychological evaluation or not? I mean, are you
21
1 going to do it on your own out of custody?
2 THE DEFENDANT: Yes, Your Honor, I will, but--
3 THE COURT: Okay. Well, if you are going to do
4 that and you commit to this court basically under
5 penalty of being found in contempt for failing to do
6 it, you know, I'll leave you out of custody and you can
7 get this on your own. But if you're not going to go
8 there and cooperate, I'm forced to revoke your bail and
9 put you into custody and then as an in-custody prisoner
10 you can get some psychological counseling, and, you
11 know, evaluation.
12 THE DEFENDANT: Your Honor, I would just put forth,
13 I always intend to follow orders of the court. I would
14 like an opportunity to brief this and oppose the order
15 initially since I've been--
16 THE COURT: Well, that is denied. We're at the
17 point now where it's already determined that you're to
18 get this evaluation.
19 THE DEFENDANT: But I believe that an excusable
20 neglect analysis would auger towards allowing me to
21 replace Mr. Dogan based on his fraudulence basically or
22 his excusable neglect or something, but I have not been
23 accorded a due process right to oppose this evaluation.
24 I would like that.
22
1 Failing that, I would like an opportunity to brief
2 the extent to which this evaluation is a blank check to
3 Lakes Crossing. I would also like the opportunity to
4 brief the extent to which I must utilize Lakes Crossing
5 versus a private certified entity or a professional.
6 THE COURT: Well, Mr. Coughlin, after hearing you
7 argue and argue about this issue, I'm making the
8 determination that you're not going to cooperate with
9 this, and I am revoking your bail.
10 THE DEFENDANT: Sir, I will cooperate. If that's
11 what it comes down to, I--
12 THE COURT: You're going to be placed into custody
13 of the Washoe County Sheriff at this time. I revoke
14 your bail.
15 THE DEFENDANT: Your Honor, I just respectfully ask
16 that you reconsider, and I'll do whatever you say for
17 my--
18 THE COURT: We're done with this. I'm sorry that
19 you've forced me to take this action. I don't really
20 want to put you in custody, but it's clear that you're
21 really not going to cooperate. And you're raising
22 issues about issues that seem kind of preposterous but
23 that would give you some excuse not to cooperate. So
24 you'll have to get the examination as an in-custody
23
1 person.
2 MR. DOGAN: Your Honor, can I make one suggestion?
3 THE COURT: Yes.
4 MR. DOGAN: As soon as those competency evaluations
5 are completed, can we have Mr. Coughlin removed or no
6 longer in custody at the Washoe County Jail?
7 THE COURT: He's going to remain in custody until
8 he can be brought back here for the hearing on
9 competence.
10 THE DEFENDANT: Your Honor, if I may just make one
11 request. Given your ruling, Your Honor, I basically
12 will do what you say to do, particularly--
13 THE COURT: Well, I don't believe that you will.
14 After all this, we've spent a lot of time on it, I just
15 don't believe you anymore.
16 THE DEFENDANT: Well, Your Honor, if I may move to
17 stay based on the prejudice to my clients that--
18 THE COURT: Denied.
19 MR. YOUNG: Your Honor, do we want to set a new
20 date?
21 THE COURT: So let's set this out about in about a
22 month.
23 MR. DOGAN: Can we just--
24 THE COURT: And if it's done earlier, fine, but
24
1 let's track it for about a month is what it normally
2 takes.
3 MR. DOGAN: I understand, Your Honor. Can we just
4 have a status hearing just in case both of the
5 evaluations have been completed?
6 THE COURT: If it's done, you all can get together
7 and set it back on the calendar at that time.
8 THE CLERK: Your Honor, the first available date
9 would be May 24th at 8:30. Is that acceptable?
10 MR. YOUNG: May 24?
11 THE CLERK: Yes. Is that acceptable?
12 MR. DOGAN: It is. Thank you.
13 THE DEFENDANT: May I have those papers entered
14 into the record?
15 MR. YOUNG: Thanks, Your Honor.
16 THE DEFENDANT: That legal research on the table.
17 THE COURT: Denied.
18 (The proceedings were continued to
May 24, 2012 at 8:30 a.m.)
19
20 --o0o--
21
22
23
24
25
1 STATE OF NEVADA )
) ss.
2 COUNTY OF WASHOE )

3
4 I, LORI URMSTON, Certified Court Reporter, in and
5 for the State of Nevada, do hereby certify:
6 That the foregoing proceedings were taken by me
7 at the time and place therein set forth; that the
8 proceedings were recorded stenographically by me and
9 thereafter transcribed via computer under my
10 supervision; that the foregoing is a full, true and
11 correct transcription of the proceedings to the best
12 of my knowledge, skill and ability.
13 I further certify that I am not a relative nor an

14 employee of any attorney or any of the parties, nor am

15 I financially or otherwise interested in this action.

16 I declare under penalty of perjury under the laws
17 of the State of Nevada that the foregoing statements
18 are true and correct.
19 DATED: At Reno, Nevada, this 19th day of

20 May, 2012.

21

22 LORI URMSTON, CCR #51

23 ___________________________

24 LORI URMSTON, CCR #51
****** IMPORTANT NOTICE - READ THIS INFORMATION *****
PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE: CR12-0376
Judge: STEVEN ELLIOTT
Official File Stamp: 05-09-2012:17:17:16
Clerk Accepted: 05-09-2012:17:18:18
Court: Second Judicial District Court - State of Nevada
Case Title:
STATE VS ZACHARY BARKER COUGHLIN
(D10)
Document(s) Submitted: Order of Competency/Return JC
Filed By: Heidi Howden
You may review this filing by clicking on the
following link to take you to your cases.
This notice was automatically generated by the courts auto-notification system.
If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
PATRICIA HALSTEAD, ESQ. for STATE OF
NEVADA
ROY STRALLA, ESQ. for STATE OF NEVADA
BIRAY DOGAN, ESQ. for ZACHARY COUGHLIN
CHRIS FORTIER, ESQ. for ZACHARY
COUGHLIN
DIV. OF PAROLE &PROBATION
ZACH YOUNG, ESQ. for STATE OF NEVADA
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
F I L E D
Electronically
05-09-2012:05:17:16 PM
Clerk of the Court

11 9 12 0204 62337 03628 61901 61383 Stamped 60302 Wls Garin Notice of Lack of Access Roa 12-35541

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

11 9 12 0204 62337 03628 61901 61383 Stamped 60302 Wls Garin Notice of Lack of Access Roa 12-35541

Caricato da

Copyright:

Formati disponibili

1

Potrebbero piacerti anche