• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Nevada Supreme Court's Decision overturning SLOT MACHINE cheating conviction

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)?
Ohio... but I need a cite from Nevada as a "persuasive authority" in something I'm compelled to deal with myself before the courts


What is the name of your state (only U.S. law)?
Nevada


Hello FreeAdvice attorneys,

I need the cite from Nevada Supreme Court decision Lyons v. Nevada; this is not the 2007 decision -- the decision would have been rendered around 1989 to 1991.

Harold Lyons was the plaintiff

The case had to do with what was colloquially referred to as "handle popping" on slot machines

I imagine that every now and then a weird case comes along in your careers.

1960s TV Police dramas often told us that "ignorance of the law was not an excuse"

Of course, many criminal acts are obvious in their criminality. For example, if two separate individuals at two different points in time in two different jurisdictions EACH PERFORM the same series of acts which are replicated 100.0% --and not just 99.9% ---

1) Pull into a convenience store parking lot in an automobile
2) Leave the engine running while entering the store
3) Produce a handgun and demand production of the contents of the contents of the cash register
4) Flee the store once in possession of the loot
5) Enter the vehicle and escape at high speed

...obviously both individuals would realize their conduct served as a basis for prosecution

The Nevada Supreme Court opinion was in part based on an exigency which manifested itself during oral arguments. Harold Lyons had been a "handle popper" all his adult life.

An Air Force Sergeant named "Coolidge Brown" was arrested at Reno's Eldorado Casino after he observed a handle popper at a slot machine and witnessed casino staff repeatedly fill the hopper with coins.

Brown approached the machine and discovered that if he 100.0% performed the exact same physical acts, he too could enjoy a crushing edge.

The Nevada Supreme Court was forced to deal with the quandry that Coolidge Brown might not realize the performance of those 100.0% same physical acts may serve as a basis for prosecution.

1) I need the cite
2) I need the quote from the written decision where it states something to the effect that crimes do not appear or disappear in the presence of "scienter"; either the handle popping was a CRIME for both Lyons and Brown or in the alternative, both men were innocent.

Thank you


Timothy John Childs (you can look him up in the Nevada Black Book) also had his conviction reversed maybe in the early 1990s. I remember when the Pacific Reporter Volume was released to the law libraries that it was the VERY FIRST CASE in that volume

Could someone please provide the cite for that?

Thanks once more
 
Last edited:


FlyingRon

Senior Member
Go to a larger public library or a university library and see if they have access to Thompson/Westlaw or Lexis. This sort of thing is not typically found for free on line.
 

OHRoadwarrior

Senior Member
Google Scholar is an excellent free source of material.

http://scholar.google.com/scholar_case?case=14580619157785390276&q=harold+Lyons+v.+Nevada&hl=en&as_sdt=4,29
 
Westlaw KEY indexing needed to find controlling case in Ohio

In the applicable REPORTER, there will be a Westlaw KEY Indexing system which will serve to categorize/pigeonhole the disparate elements within the above Nevada Supreme Court Decision.

I need a controlling case or statute in Ohio where the following Nevada Westlaw KEY is mimicked:
"It is clear, however, that crime categories do not materialize or disappear on an ad hoc basis because of the presence or absence of scienter. Public offenses are defined by statute, ordinance or the common law."

Thank you
 

cbg

I'm a Northern Girl
Then you'd best start looking for one, hadn't you?

Where did you get the idea that the volunteers on this board were willing to be used as unpaid research assistants for you? Do you wonder I thought we were doing your homework?
 

OHRoadwarrior

Senior Member
Then you'd best start looking for one, hadn't you?

Where did you get the idea that the volunteers on this board were willing to be used as unpaid research assistants for you? Do you wonder I thought we were doing your homework?
OP has a bona fide, albeit misguided interest in using the law to protect the property his home is on. He has previously acknowledged he is in over his head, yet cannot afford council. Please cut him some slack.
 

cbg

I'm a Northern Girl
I don't appear to be the only one who has a problem with him ordering the volunteers to find him cases, however. The fact that he is polite about it, and I will admit that he is polite, does not make it any less aggravating.
 

tranquility

Senior Member
OP has a bona fide, albeit misguided interest in using the law to protect the property his home is on. He has previously acknowledged he is in over his head, yet cannot afford council. Please cut him some slack.
PP has no idea what he is doing and has no real sense of how legal argument works. In all posted so far, has anyone any idea of any cognizable legal theory of any rights he has to steal the land he wants? Yes, steal. He wants it because, um, he wants it. Well, and because he's had it for awhile. But, he has no money and others he fights for has no money and nowhere they want to go, so it is OK.

The illegality of practicing law without a license for people purportedly desperate seems to make no difference either. I'm out.
 
OP has a bona fide, albeit misguided interest in using the law to protect the property his home is on. He has previously acknowledged he is in over his head, yet cannot afford council. Please cut him some slack.
Thank you, OHRoadwarrior.

When I was a Taxi Driver, I would sometimes observe things get heated in the dispatch room but the next day these people would somehow manage to patch things over because every day in the taxi business is a fresh start.


Hopefully something like that will translate across these forums.

We're not all underachievers in the Taxi business but most of us could have used the available free time growing up with mom & dad a little better; now in my 50s, I can truly say that one does not know what he's lost till it's gone sometime.

Bonnie Raitt spoke of being glad to win here first Grammy Award at an advanced age because she now had the perspective of years to appreciate how much something like that would mean to her

You are the guys who paid attention in high school -- we're the ones who goofed off or were not possessed of the cognitive wherewithal to succeed at the advanced level of you all.


1) I am writing my own motions but I do not have access to a Westlaw database with that easy-to-use KEY indexing system.
2) Google Scholar was an incredible help
3) I have signed up at jurisdictionary.com
4) I found this web page where these motions are kept for Delaware.
http://courts.state.de.us/commonpleas/
5) I then Google for similar Ohio Common Pleas motions
6) This is all my own content... I don't want to have a winning argument but lose the motion for lack of proper formatting.


So I'm writing my own motions and... correct or not... formulating my own angle of attack

I'm not asking any to do my work in that regards... I'll win or lose on my own.

The help I ask for is what I believe some subset of this forum may be willing to provide and what I have no access to; to wit,
a) help with Shepardization
b) finding cases, statutes and civil procedures in my jurisdiction that replicate what I find in others. The Westlaw KEY Indexing system makes that remarkably easy.

cbg at present has expressed some ambivalence about helping; if he changes his mind, I'd sure appreciate it.

I'm not perfect but if I can win a motion for dismissal utilizing the "clean hands doctrine", it means these guys are evil. I read somewhere in either the Ohio Code of Judicial Conduct or the Ohio Code of Professional Conduct about the balance of the profession banding together to prevent bad attorneys from preying on the weak.

I believe that we meet the definition of "weak"
Whatever defect we have our adversaries are what is bad about your profession


I intend on winning a motion to dismiss on the "clean hands doctrine" - I have the controlling opinion for that.

I'm not going to explain my circumstances anymore since they have already been recorded here.

You now know my strategy.

I'm arguing rules, civil procedures and canons of ethics in motions SPECIFICALLY BECAUSE I can't beat these boys toe-to-toe in an oral argument on law. I only have one monkey wrench; I'm not asking any of you here to help me ascertain where to throw it.

Right now, I'm seeking a temporary restraining order and temporary injunction.

My question here pertains to the "motion to dismiss"

As Doctor Strohm said in "Spiderman I"... "BACK TO FORMULA"

I remember when I first read that Nevada opinion that the passage quoted was itself encapsulated in a Westlaw Key Index. I read SOME opinions in their entirety BUT MOSTLY those indexed WESTLAW KEY paragraphs were more enjoyable.

This passage had a WESTLAY KEY index number associated with it- I remember it:

"It is clear, however, that crime categories do not materialize or disappear on an ad hoc basis because of the presence or absence of scienter. Public offenses are defined by statute, ordinance or the common law."

I need controlling cases for the Ohio 9th, Ohio Supreme Court, US District Court in Cleveland, US 6th Circuit or US Supreme Court.

Thank you for anyone who is willing to help...cbg is absolutely correct that I am seeking help with legal research. I won't pretend otherwise.

If I do succeed in the motion to dismiss and temporary restraining order, I'll give jurisdictionary and you guys the proper credit for your help.

Hollywood Actor, Ossie Davis once told Hollywood Actor, Richard Widmark that "one attracts more flies with honey than with vinegar" when deciding to enter negotiations with the Comanche Indian Chief through a couple bottles of whiskey.

I was accused three or four times of some untrue things and I could have reacted better.

I have a Shepardization question that is best answered in the other thread.

Thank you
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top