My question involves civil rights in the State of: Nevada
Two years ago I was charged with 4 felonies.
The 4 felonies was:
a) Possession of sub-machine guns and silencers.
b) Possession of a firearm by a prohibited person.
c) Possession of marijuana.
d) Possession of a controlled substance with intent to sell.
I plead not guilty to all 4 charges at the Justice Court hearing.
At the Las Vegas Justice court preliminary hearing where evidence was introduced, and witnesses took oath, The Judge dismissed the 2 felony firearm charges and court ordered the LVMPD to return all 65 firearms back to me, as I was federally licensed by the ATF to own these weapons.
The Judge also found me not guilty/ dismissed for the "possession of marijuana" felony charge for the reasoning that since other adults lived at my home, that that marijuana might/could of been theirs.
As for the felony charge of "possession of a controlled substance with the intent to sell" The judge bind-ed it over to the District Court to be set for trail.
The reasoning was because I had a Digital reloading scale used for reloading ammunition.
Ok, so this sound like an easy win in District Court? To get charged with "possession of a controlled substance with the intent to sell" when you was found not in "possession of marijuanna" and the procecution had no other evidence of any contolled substance whatsoever.
In Las Vegas, apparently NOT.
The LVMPD refused to return my firearms by the court order from the Justice department Judge.
And the District Court Judge sided with the LVMPD. (My firearms was later used at trial when both of the DA's marched around the courtroom telling the Jury I needed 65 firarms to protect the few seedling in my wiife garden)
The District Judge refused to hear any motions to dismissed the charge.
Right before trial the Judge tells the Jury that I was arrested for a "Grow house", when my defence was: "I did not know that a couple of seedlings in my wife's garden "was in fact, marijuana seedlings."
During the trial, my attorney and I did a pretty good job in defence work.
I busted the LVMPD Narcotics officers planting a "cocaine display" on my office desk,
and busted the LVMPD and the DA with editing my 911 tape on the LVMPD level and on the DA level.
We also found that the Narco officer committed perjury to the courts when he applied for the search warrant by telling the judge on record that he obtained SIGNED consent to search my home.
My lawyer drilled the Narco officer on the stand to confess to the courts and Jury that he did not have ANY probable cause to believe I had any intent to sell any controlled substance at all.
Further, the LVMPD Forensic Scientist was caught with testifying to the courts that dirt and rocks was indeed tested as being in fact "marijuana".
Everything looked great until the Judge decided to give Jury instructions right before deliberations, that they can find me guilty of a lessor charge of being in 'possession of marijuana", INSTEAD of "possession of a controlled substance with intent to sell"
The Jury then found me guilty with "possession of marijuana".
Now my question relates to this:
A) When the Judge told the Jury I was "Arrested for a grow house"
The Jury thought I was one of these men here: http://www.8newsnow.com/story/119366...s-of-las-vegas
They thought I had Like 5,000 mother plants in my home.
When supposedly there was a few marijuana seedlings in my wife garden.
B) Is this Double Jeopardy? Is it possible to get re-tried and convicted of a charge that was dismissed / found not guilty in the same case???
I know it can be possible on a state and on a federal level.
But in Justice court and in District courts in the SAME building?
I did some research on the court rules and state laws and what i found is this:
Rule 18. Trial, hearing of cause, proceeding, motion entered into by one judge prevents action by another judge unless requested; only judge having charge of cause may grant further time to plead, act, unless his inability shown by affidavit; modification of rule in judicial districts having more than one judge, another judge requested, or another judge assigned.
1. When any district judge shall have entered upon the trial or hearing of any cause, proceeding or motion, or made any ruling, order or decision therein, no other judge shall do any act or thing in or about such cause, proceeding or motion, unless upon the written request of the judge who shall have first entered upon the trial or hearing of such cause, proceeding or motion.
2. No judge except a judge of the district where the cause or proceeding is pending shall grant further time to plead, move or do any act or thing required to be done in any cause or proceeding unless:
(a) The judge is absent from the state or from other cause is unavailable to act; or
(b) Another judge has been requested to act by the judge having charge of the cause; or
(c) Another judge is assigned to the court by the chief justice in which case he may hear any matter coming before the court during the period of assignment.
[Added; effective January 1, 1980.]
NRS 66.070 Transfer of cases to district court.
1. The parties to an action in a justice court cannot give evidence upon any question which is excluded from the jurisdiction of the justice court. If it appears from the plaintiff’s own showing on the trial, or from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve such a question, the justice must suspend all further proceedings in the action and certify the pleadings, and, if any of the pleadings are oral, a transcript of them from the docket of the justice, to the clerk of the district court of the county. From the time of filing the pleadings or transcript with the clerk of the district court, the district court has the same jurisdiction over the action as if it had been commenced in the district court.
2. In cases of forcible entry and detainer, of which justice courts have jurisdiction, any evidence otherwise competent may be given and any question properly involved therein may be determined.
[1911 CPA § 779; RL § 5721; NCL § 9268]—(NRS A 1981, 174)
Maybe I am missing something more?
I would appreciated any input on this matter.
Thank you in Advanced.
BTW: I did get back all my firearms.