67°F
weather icon Clear

City seeks new trial in crosswalk case

Boulder City is asking Nevada’s Supreme Court to grant a new trial in a case in which it was found guilty of vindictive prosecution against a former resident.

On June 19, the city petitioned to have an order by District Judge Richard Scotti vacated. The case stems from the June 8, 2016, arrest of former resident John Hunt while he was protesting a police-sanctioned crosswalk enforcement event.

In October 2018, Scotti ruled that the city had vindictively prosecuted Hunt and dismissed the case, saying it violated Hunt’s First Amendment rights. In December, the city unsuccessfully attempted to have Scotti disqualified and obtain a new trial.

City Attorney Steve Morris said lawyers have been working on this petition since about two months after that denial.

“The city took steps to have Judge Scotti disqualified, which did not conclude until the end of 2018,” he said. “In February of 2019, the city retained Marquis Aurbach and Coffing to prepare a writ contesting Judge Scotti’s decision, and as soon as the writ was completed and accepted, it was filed with the Nevada Supreme Court.”

In the petition, the city is asking for “extraordinary relief” by having the Supreme Court require the District Court to hold a new trial in Hunt’s case as required by state law. The city also argues that Scotti acted without proper authority and seeks to have Scotti’s dismissal order and ruling vacated.

“This filing is a ridiculous waste of time and money,” said Stephen Stubbs, Hunt’s attorney. “Steve Morris fails to realize that vindictive prosecution is a violation of constitutional rights by the prosecutor, not the police. It was Steve Morris that violated John Hunt’s rights by vindictive(ly) prosecuting him and charging him with a crime for exercising his First Amendment rights. Inexplicably, this new filing tries to get the Nevada Supreme Court to rule on whether the police acted appropriately, which has nothing to do with Judge Scotti’s decision and is the subject of the civil litigation, not the criminal case.”

Stubbs also questioned why the city is paying a law firm “tens of thousands of dollars to try to resurrect a misdemeanor charge where the highest punishment is community service.”

For this proceeding, the city retained Marquis Aurbach Coffing at the rate of $200 per hour and has spent $1,400, according to Morris.

Morris also said the law firm has represented the city through various cases with POOL/PACT but was retained for this case based on its knowledge, skill and expertise with this matter and appellate practice.

Stubbs said his next step is to file an opposition to the city’s petition.

The Nevada Supreme Court has yet to set a hearing in the case. Morris said the court will determine whether an answer is required and if so, when it needs to be filed.

Supreme Court Petition by Boulder City Review on Scribd

Contact reporter Celia Shortt Goodyear at cgoodyear@bouldercityreview.com or at 702-586-9401. Follow her on Twitter @csgoodyear.

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
Kickin’ Off the Season in Style

Thousands came out Saturday for the 29th Wurst Festival, sponored by the Boulder City Sunrise Rotary club. Attendees enjoyed food, a car show, live music and a live auction. Money raised helps support scholarship programs as well as the annual Grad Night. The event helps kick off the busy fall season of events in Boulder City.

Mays doing double duty… again

Meet the new manager, same as the old manager.

Public invited to annual National Night Out Out

It’s that time of the year again when the public is encouraged to come out for an evening of fun while having the opportunity to meet and talk with a wide range of first responders.

Local Author Wins Award

Jean Kelly Widner, author of “The Adoption Paradox: Putting Adoption into Perspective” has been awarded the Literary Titan Book Award, a distinguished recognition honoring exceptional books. Widner’s book delves deeply into the complex and often contradictory realities of adoption — exploring stories from adoptees, adoptive parents, and birth parents while interweaving historical context and modern experiences. Through raw honesty and compassionate storytelling, “The Adoption Paradox” sheds light on the joys, grief, identity struggles, and resilience tied to the adoption experience. “This award affirms the importance of giving voice to the families and individuals impacted by adoption. The practice is always layered with love, loss, and paradox, and I’m honored that this work is resonating with readers and being recognized in this way,” said Widner. The Literary Titan Book Award celebrates authors who demonstrate extraordinary dedication and talent. The “Adoption Paradox” is available now through Amazon, Audible, and directly at www.adoptionparadox.com.

Mind the step

Recently, the Review received an email from a local resident who did not want to use his name but said he had 30 years of experience in construction.

King P.E. teacher wins state award

P.E. class has come a long way since the days of kickball and dodgeball.