Legal Question in Criminal Law in Nevada

Owner unaware property missing /stolen property?

A ring is found outside an apt. complex and eventually is handed to person ''A''. ''This was my dad's, I need some money, but have no ID will you pawn this ring for me?'' Person ''A'' pawns the ring and gives the money to the ''finder'' and goes on about his business. Approx. 2 weeks later Person ''A'' is contacted by detectives. By and by it all goes to court. Person ''A'' is found guilty of possession of stolen property, valued at $193.00, but because person ''A'' has 2-3 felony convictions from past, he is convicted of being a habitual criminal and is sentenced to 10-25 years. Owner of ring writes in police report that he may very well have taken his ring off when washing his motorcycle and may very well have forgotten all about it. He does not really know what happened to this ring of his. The police report was not introduced at trial, nor did defense know it existed. It was in the PSI report. Owner of ring had never had defendant in his apt. plus, he does not believe his apt. was broken into, and certainly not just for this ring. ''A'' appeals from a judgement of conviction . The State Supreme claims statement is not newly discovered evidence, just the victim's mere speculation. What is your opinion and do you have any suggestions? Thanks


Asked on 6/15/06, 6:00 pm

1 Answer from Attorneys
JOSEPH SHEMARIA LAW OFFICES OF JOSEPH SHEMARIA

Re: Owner unaware property missing /stolen property?

I do not know if you are referring to the Supreme Court of Cal. or Nevada. However, evidence is never considered "new" when reasonable diligence could have discovered it in time for trial. It appears clear here that this is either truly "new evidence" or the defense attorney fell asleep at the wheel. Further, it appears there may well be a "Brady" violation--meaning the Government withheld material favorable defense evidence. This will definitely require close scrutiny in U.S. District Court, this man's next stop on his Petition for Writ of Habeas Corpus (which MUST BE FILED WITHIN 1 YEAR).

If the prosecutor witheld this info, as obviously he/she did as Probation picks up 95% of their PSI/PSR information from the prosecutor's file, this is outrageous and, if true, should certainly result in a new trial!

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Answered on 6/15/06, 8:46 pm


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