A legal question

[MisterV]

A Nevada judge has dismissed fake elector charges against three Nevadans claiming the case was filed in the incorrect county:

https://abcnews.go.com/US/judge-dism...y?id=111324310

The story says the charges have to be dismissed as the three year statute of limitations have expired.

This makes no sense to me, a retired lawyer: in the Pac NW this is merely a determination that the original case was filed in the wrong county, or venue, and the court would order a transfer to the more appropriate county (or venue) and not dismiss it.

Sounds like either Nevada has a weird law on this point or the Judge is a MAGA believer.

Weird.

[kewlJ]

I saw this come across my phone earlier today. I wondered the same thing MrV.

We elect judges here in Nevada. If an opening occurs mid term, the Governor appoints and then the judge must be reelected. So the judge in question, won by running against and beating a judge that had been appointed by Rep Governor Brian Sandoval. So that Judge was likely Republican. This doesn't prove she leans Democrat, but it would be odd for a Republican to take on a Republican.

But if she had any personal connections to MAGA I expect it will come out.

[coach belly]

So the judge in question, won by running against and beating a judge that had been appointed by Rep Governor Brian Sandoval. So that Judge was likely Republican. This doesn't prove she leans Democrat, but it would be odd for a Republican to take on a Republican.

But if she had any personal connections to MAGA I expect it will come out.

OK, Tasha.

[MisterV]

I guess I'm more surprised at the legality of the dismissal; I assumed it was axiomatic, even in Nevada, that a lawsuit can be initially filed in any county, and if a party objects venue can then be changed, but the case stays alive and need not be refiled within the statute of limitations.\

If I am correct then the case should be reactivated and the dismissal quashed after an appeal by the State.

[kewlJ]

I am no expert MrV, as you are, but I think the problem is in the intersection of politics and criminality that we are experiencing now, like at no other time. with the criminal cases based on politics, and both sides are doing this, they shop for a judge or in the case of jury trials an area that might have a favorable jury pool. And I think that is what clearly happened here. It appears this scheme was hatched and implemented in Northern Nevada, and they wanted to bring the case in Las Vegas thinking they would find a more favorable judge and jury.

It may be that the judge just applied the law and called them on that. Now, I don't know about her remedy. Seems like transferring the case would be more appropriate than dismissing the case. But again, what do I know.

[MDawg]

in the Pac NW this is merely a determination that the original case was filed in the wrong county, or venue, and the court would order a transfer to the more appropriate county (or venue) and not dismiss it.

V can you point specifically to the statute or case law that allows this in the Pac NW?

This sort of thing depends on the jurisdiction, and just for example in federal court, as long as the case is within the SOL of both the transferee and transferor courts, it is tolled by the initial filing in the transferor court. I.E. - if the SOL is 3 years in the transferor federal court, and also 3 years or more in the transferee court, then the case doesn't have to be dismissed as long as it was filed within the 3 years.

See 28 USC 1406(a) and e.g. Lafferty v. St. Riel, 397 F. Supp. 2d 602 (E.D. Pa. 2005). It is slightly hard to follow the case law on this, and the Lafferty court actually got it wrong as far as the way other circuits do it, writing in dicta that there was a circuit split among the way this sort of thing is handled, when in fact, there is not.

[MisterV]

Mine was a civil, not criminal practice and I am familiar with venue viz. family law actions.

If the rules differ for criminal cases in Nevada then so be it.

But I KNOW venue law here: I have often filed divorce cases "out of county" in order to avoid the local paper learning of it; if a party wants it removed to a more convenient forum then the courts typically oblige, but the case NEED NOT BE REFILED.

[Garnabby]

Man, I, just, remembered that I had a case triaged out of Toronto, after things went to Zoom, which wasn't deemed to have been heard in the wrong courthouse until I had a similar case, about two years later. The second case, triaged now by the province, was to go to a different courthouse, but, a month later, another judge stepped in to send it to yet another courthouse. Anyway, no doubt that such things happen, given a quick online search.

Venue refers to the proper location where the case should be heard. When filing in federal court, this means determining the proper federal district court to hear the action. If a defendant believes that the plaintiff selected an improper venue, the defendant can raise the defense of improper venue and ask for dismissal of the case and/or transfer of venue.

https://www.bloomberglaw.com/externa...improper-venue