Articles.
Definitional notes on Nevada trial and appellate practice — written for the referring attorney, the family or business confronting a serious matter, and the practitioner who needs the procedural framework distilled. No substitute for engagement; a starting point for understanding what the engagement entails.
- Case AnalysisJuly 2026
McKenna v. State — a Nevada capital appeal, examined
A case analysis of McKenna v. State, 705 P.2d 614 (Nev. 1985), the Nevada Supreme Court capital appeal following the retrial of Patrick Charles McKenna. Kenneth J. McKenna served as trial counsel in the retrial; the defendant was his brother. The appeal engaged death-qualified jury selection, mitigating evidence, clemency instructions, and proportionality review under NRS 177.055(2)(d).
McKenna v. StateNevada capital appealDeath penaltyEighth AmendmentWitherspoonMitigating evidenceProportionality reviewNRS 177.055 - Case AnalysisJuly 2026
Moonin v. Tice — anatomy of a Ninth Circuit prior-restraint victory
A case analysis of Moonin v. Tice, 868 F.3d 853 (9th Cir. 2017): the Nevada Highway Patrol email directive that categorically banned K9 troopers from discussing the K9 program, the thirteen-count federal complaint, the denial of qualified immunity, and the Ninth Circuit affirmance. Mr. McKenna represented the troopers from complaint through oral argument.
Moonin v. TiceFirst AmendmentPrior restraintPublic-employee speechQualified immunityNinth CircuitNevada Highway Patrol - Case AnalysisJuly 2026
Vance v. Judas Priest — inside the 1990 subliminal-messages trial
A case analysis of Vance v. Judas Priest, the 1990 Washoe County bench trial brought by the families of Raymond Belknap and James Vance against Judas Priest and CBS Records — the pretrial First Amendment ruling on subliminal content, the nineteen-day trial, and what the litigation shows about trial craft. Mr. McKenna was lead counsel for the plaintiffs.
Vance v. Judas PriestJudas Priest trialSubliminal messagesFirst AmendmentRaymond BelknapJames VanceDream DeceiversWashoe County bench trial - Practice NoteJuly 2026↳ Nevada Procedure Notes
Federal criminal defense in the District of Nevada: how a federal case differs from a state prosecution
A stage-by-stage practice note on federal criminal procedure in the United States District Court for the District of Nevada — grand jury charging under Rule 7, detention under the Bail Reform Act, the Speedy Trial Act clock, Rule 16 and Brady discovery, advisory Sentencing Guidelines after Booker — and where each stage diverges from Nevada state practice.
District of NevadaFederal criminal defenseBail Reform ActSpeedy Trial ActSentencing GuidelinesGrand juryRule 16 discovery - ReferenceJuly 2026↳ Nevada Procedure Notes
The felony case process in Washoe County: from arrest to trial
A stage-by-stage reference on how a felony prosecution moves through Washoe County — booking at the Washoe County Detention Facility, initial appearance and bail in Reno or Sparks Justice Court, preliminary hearing or grand jury, arraignment in the Second Judicial District Court, and pretrial and trial procedure under NRS Chapters 174 and 175.
Washoe CountyReno Justice CourtPreliminary hearingSecond Judicial District CourtFelony procedureGrand juryBail - ReferenceJuly 2026↳ Nevada Procedure Notes
Nevada court-rule acronyms, decoded: NRCP, NRAP, SCR, DCR, EDCR, WDCR, and the rest
A one-page decoder for the acronyms of Nevada legal research — statutes (NRS), regulations (NAC), statewide court rules (NRCP, NRAP, SCR, RPC, DCR), local district rules (EDCR, WDCR), and justice-court rules (JCRCP) — with the hierarchy that connects them and the answer to the “JDCR” search.
Nevada court rulesNRCPNRAPEDCRWDCRLegal research - ReferenceJuly 2026↳ Nevada Procedure Notes
NRS 176.555 — the Nevada motion to correct an illegal sentence
The full text of NRS 176.555, the narrow scope the Nevada Supreme Court gave the motion in Edwards v. State, and how the motion to correct an illegal sentence differs from direct appeal, post-conviction habeas under NRS Chapter 34, and a motion for new trial under NRS 176.515.
NRS 176.555Illegal sentencePost-conviction remediesEdwards v. StateNevada criminal procedure - ReferenceJuly 2026↳ Nevada Procedure Notes
What a request for submission is in Nevada courts — and where it does not exist
A short reference on the Nevada request for submission — the filing that routes a fully briefed district-court motion to the judge for decision — covering DCR 13, the Washoe and Clark County local rules, the self-help forms, and why the phrase does not describe any party filing at the Nevada Supreme Court.
Request for submissionDCR 13Nevada motion practiceEDCRWDCRSelf-represented litigants - Case NoteMay 2026
Jespersen v. Harrah’s and the Ninth Circuit sex-stereotyping dissent
A case note on the en banc Ninth Circuit appearance policy decision in Jespersen v. Harrah’s, the Price Waterhouse sex-stereotyping theory Mr. McKenna advanced, and why the four-judge dissent still matters in employment-discrimination litigation.
Jespersen v. Harrah’sTitle VIISex stereotypingPrice WaterhouseNinth Circuit en bancTrial counsel - Practice NoteApril 2026↳ Nevada Procedure Notes
What SCR 250 actually requires of capital murder defense counsel in Nevada
A definitional walk-through of Nevada Supreme Court Rule 250 — the rule that sets minimum qualifications for lead and second-chair counsel in capital cases — and how the SCR 250 framework interacts with NRS 175.552, the Sixth Amendment effective-assistance standard, and the procedural posture of capital appellate work.
SCR 250Capital murder defenseNevada Supreme CourtPenalty hearingMitigationWitherspoon-WittFederal Death Penalty Act - Practice NoteApril 2026
Engaging trial counsel: when a Nevada lawyer hires another lawyer to try the case
A practitioner-oriented note for Nevada lawyers whose practice does not include serious criminal defense: how to refer or co-counsel a serious criminal matter to Nevada trial counsel, and what direct-referral, co-counsel, and trial-specialist engagements actually mean when more than one Nevada lawyer is on the matter.
Trial counselCriminal referralsNinth CircuitEngagement letters