Case Results

Taiwan gang enforcer gets prison in Vegas slaying
Trial starts for Las Vegas man in killing of girlfriend, her daughter
Earnest Bates charged with First Degree Murder

The jury refused to convict of Murder in the First Degree or even Murder in the Second Degree but rather found Mr. Bates guilty of the lesser and probationable offense of Manslaughter with use of a Deadly Weapon. Mr. Modafferi filed a motion for a new trial based upon the unfairness of the Open Murder system of charging murder offenses in Clark County.

Man pleads guilty in Nevada prison killing
Gary Modafferi Celebrated for Dedication to the Field of Law
Earnest Bates charged with First Degree Murder

The jury refused to convict of Murder in the First Degree or even Murder in the Second Degree but rather found Mr. Bates guilty of the lesser and probationable offense of Manslaughter with use of a Deadly Weapon. Mr. Modafferi filed a motion for a new trial based upon the unfairness of the Open Murder system of charging murder offenses in Clark County.

Earnest Bates charged with First Degree Murder

During the first week of June 2021, Mr. Modafferi went to jury trial for Earnest Bates charged with First Degree Murder. The Defense was self-defense but there was no recovered gun from the deceased.

Taryn Christian wrongful murder conviction case

The first is the Closing Argument from his Habeaus Corpus proceeding in federal court in Hawaii. The second is the published Ninth Circuit opinion about his case. Mr. Modafferi has been attempting to get Taryn Christian released from prison for a wrongful murder conviction from Maui. The federal courts initially released Mr. Christian after multiple confessions of the true killer were illegally suppressed at his trial in 1997. The Ninth Circuit has denied multiple requests to have his conviction overturned based upon this miscarriage of justice. The Defense will continue their attempts until Mr. Christian, a South African citizen, is freed.

The Taryn Christian wrongful conviction case was appealed to the Ninth Circuit Court of Appeals in San Francisco, California. Here is the written closing arguments advocating his release from prison after twenty years.
Sexual Assault Charges Dismissed Against Doctor.

A Las Vegas sexual assault case against an Arizona chiropractor was dismissed in court last week — five years after it was first filed — because the victim is out of the country and unable to testify, court records show.

Taryn Christian: Maui: (The first Hawaiian case that has ever made it to the pages of the Charles Smith Blog)

A convicted killer who says he’s innocent is hinging his latest shot at redemption on the assertion that Maui police and prosecutors knowingly withheld or destroyed evidence that would have implicated another man.”…

Petition for writ of certiorari, mandamus, and/or, in the altarnative, writ of prohibiton

On March 28th, 2016 , Mr. Modafferi filed a Writ with the Nevada Supreme Court challenging the constitutionality of Nevada’s lifetime supervision law. Six separate constitutional grounds were argued as a basis to declare the law unconstitutional. This Writ come after a district court in Las Vegas granted a six month stay in proceedings to file the challenge.

ORDER OF REVERSAL AND REMAND

On March 16, 2016 The Nevada Court of Appeals reversed a Las Vegas District Court in a case concerning the required time to terminate a special sentence of lifetime supervision. The Court agreed with Mr. Modafferi’s argument that the applicable ten year termination period begins at the time a person is placed on probation and not when the lifetime supervision agreement is executed.

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Myself and two other lawyers are seeking federal injunctive relief to declare Nevada’s lifetime supervision law unconstitutional. It was just recently filed and it is a suit against the Nevada Attorney General and The Department of Public Safety, as well as , many other local law enforcement agencies.

Reply to State’s Opposition to Defendant’s Motion to Declare Death Penalty Unconstitutional
The State of Nevada VS Norman Belcher by Honorable Elissa F. Cadish, District Court Judge.

Recently, the United States Supreme Court requested those lawyers representing death penalty defendants reopen the question of whether death is a cruel and unusual punishment under the Eighth Amendment. Today, Mr. Modafferi filed a motion asking that the death penalty be declared unconstitutional in Nevada in State v. Norman Belcher. a Hearing on this motion is set for mid-February.

The Mr. Fukusaku’s case

The first Japanese national to be extradited to the United States and convicted of murder asked the Hawaii Paroling Authority to be paroled halfway through his original sentence of 40 years behind bars.

TV Asahi’s clips on the Mr. Fukusaku’s case. Part 1

The case made headlines in Hawaii and Japan because it involved a famous fortune teller whose clients included Japanese prime ministers, business leaders and organized crime figures.

TV Asahi’s documentary clips on the Mr. Fukusaku’s case – Part 2
TV Asahi’s documentary clips on the Mr. Fukusaku’s case – Part 3
TV Asahi’s documentary clips on the Mr. Fukusaku’s case – Part 4
English video clips of Mr. Fukusaku case. – Part 1

We don’t know who produced them but the story ends with them claiming they solved the case by scientific analysis.

English video clips of Mr. Fukusaku case – Part 2
English video clips of Mr. Fukusaku case – Part 3
CHRISTIAN v. FRANK by DAVID ALAN EZRA, Senior District Judge
Another attorney indicted in court forgery case

Another defense lawyer was indicted by a Clark County grand jury Thursday on charges of forging court documents in misdemeanor cases involving prostitutes.

Did Fraud Lead to Maui Murder Conviction?

A federal judge must decide if he and other judges were duped into keeping a convicted killer behind bars.

Ex-judge Jones’ “integral” role in investment scheme laid out

Federal prosecutors say former Family Court Judge Steven Jones, who is to be sentenced Wednesday for his role in an investment scheme, betrayed the public’s trust.

Sex offenders challenge Nevada supervision law

More than a dozen sex offenders are challenging the Nevada Parole Board’s authority to impose conditions on their lifetime supervision.

An Innocent Man? Convicted Killer Says Maui Officials Destroyed or Lost Crucial Evidence

He’s spent nearly two decades in prison but Taryn Christian says he can prove that the investigation and prosecution into his 1995 murder case were rife with fraud. He’s hoping the evidence ( or lack of it ) will set him free.

The Nevada Court of Appeals issued its first Advance Opinion on March 26, 2015 in Pitmon v. State.

Mr. Modafferi wrote the briefs challenging the constitutionality of how consecutive sentences are imposed in Nevada. This was the first time the Court of Appeals issued an opinion since Question 1 was approved by voters in the November, 2014 election.

Man convicted of murdering famous Japanese psychic, son asks for early release

HONOLULU (HawaiiNewsNow) – The first Japanese national to be extradited to the United States and convicted of murder asked the Hawaii Paroling Authority Monday to get out of prison halfway through his original sentence of 40 years behind bars.

Former Las Vegas Prosecutor Lisa Willardson Dead at 45

LAS VEGAS — A former prosecutor in Las Vegas was pronounced dead hours after a judicial discipline commission ruled her judge boyfriend committed misconduct by presiding over her cases.

Charge of illegal Wiretap

Mr. Modafferi recently drafted a Nevada Supreme Court Brief requesting that the dismissal of his client’s charge of illegal wiretap surveillance be upheld.

Nevada Supreme Court: Trial for Las Vegas man who ran medical marijuana dispensary

The Nevada Supreme Court said Friday that a Las Vegas man must stand trial on charges of illegally operating a medical marijuana dispensary three years ago, though it is now legal.

ABOUT GARY A. MODAFFERI

Gary A. Modafferi is a veteran criminal trial and appellate attorney. Mr. Modafferi graduated with honors from Seton Hall University and received his Juris Doctorate from Suffolk University Law School in Boston, Massachusetts.

While a law student, Mr. Modafferi served as a legal intern for the Criminal Division of the United States Attorney, Boston, Massachusetts. Mr. Modafferi assisted with political corruption and organized crime prosecutions. His supervisor was Robert Mueller, the former Director of the Federal Bureau of Investigation.

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