did lobato have an attorney when she was questioned

During the May 2002 trial, Lobato testified to her innocence, and her attorneys brought in experts who also stated that Lobato could not have committed the crime based on physical evidence, but Judge Valorie Vega suppressed much of the experts' testimony. In their closing statement, Lobato's attorneys compared her trial to the Salem witch trials.

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What happened to Andrea Lobato’s case?

Feb 09, 2021 · Martin said Lobato bragged that while what she did was overkill, he deserved it. During cross-examination, Lobato’s defense attorney sought to question Martin, who had prior convictions for robbery and coercion, about some fraudulent letters that had been sent to the judge in Martin’s case.

How long has Jennifer Lobato been in prison?

Kirstin Blaise Lobato is a Nevada woman who was exonerated for the July 2001 murder and mutilation of Duran Bailey, a homeless man from St. Louis who was living in Las Vegas at the time of his death. At her first trial in May 2002, she was convicted of first-degree murder and sentenced to 40 to 100 years in prison. In a 2006 retrial, she was convicted of the lesser …

What was the sentence for the murder of Susan Lobato?

Dec 29, 2017 · After a five-day hearing in October, the court had found that Lobato’s defense lawyers violated her constitutional right to effective legal representation by failing to call pathology and entomology experts regarding the victim’s time of death, which would have supported her strong alibi. Lobato has served nearly sixteen years in prison despite compelling …

What lawsuit did Gina Lobato file against Las Vegas police?

Time Served: 16 years. Kirstin Blaise Lobato was just 18 years old when she was charged with the 2001 murder of Duran Bailey, a homeless man in Las Vegas. She was tried twice for the crime and always maintained her innocence. On December 29, 2017, upon a motion by the Clark County District Attorney’s Office, Clark County District Court’s Honorable Chief Judge Elizabeth …

Did Kirstin Lobato get compensation?

When was kirstin Lobato exonerated?

How was Kirstin Lobato exonerated?

What did Lobato do in 2001?

Lobato was consistent in telling these people that she fended off the attempted sexual assault by using a pocket knife she carried for self-defense, to try and cut her attacker's penis. From late May to July 4, 2001 she told at least nine different people about the Budget Suites attack. On July 8, 2001, the mutilated corpse of Duran Bailey, ...

Where did Kirstin Lobato get raped?

Beginning in late May 2001, Kirstin Lobato, then 18, began telling numerous friends in Las Vegas and her hometown of Panaca that a large black man tried to rape her at a Budget Suites Hotel on Boulder Highway in east Las Vegas.

How long was Lobato sentenced?

In a 2006 retrial, she was convicted of the lesser charges of voluntary manslaughter and sentenced to 13 to 45 years. Lobato's case gained significant notoriety due to the publication of new evidence, which some believe points to her innocence of the crime.

Where was Lobato when she was killed?

Among those was her claim of actual innocence based on new evidence discovered after her trial proving she was in Panaca, Nevada, during the time when Bailey was killed. Judge Vega denied Lobato's petition in June 2011. Lobato appealed that ruling to the Nevada Supreme Court on August 1, 2011.

When was Lobato released from jail?

Lobato was released from the Clark County Detention Center at about 2 pm on January 3, 2018. After being imprisoned for 11 years and three months since her pre-trial bail was revoked following her convictions on October 6, 2006, Lobato told reporters she wanted to go "shopping" and get "coffee.".

When was Lobato convicted?

On October 6, 2006, she was convicted of voluntary manslaughter and sentenced to 13 to 45 years in prison. Lobato's appeal of her conviction was denied by the Supreme Court of Nevada in October 2009. In May 2010, Lobato filed a writ of habeas corpus petition that asserted 79 grounds for a new trial.

Who suppressed Lobato's testimony?

During the May 2002 trial, Lobato testified to her innocence, and her attorneys brought in experts who also stated that Lobato could not have committed the crime based on physical evidence, but Judge Valorie Vega suppressed much of the experts' testimony.

How old was Lobato when she was charged?

Lobato was just 18 years old when she was charged with the brutal 2001 murder of Duran Bailey, a homeless man in Las Vegas. Lobato, who was tried twice for the crime, has always maintained her innocence. Bailey’s body had been found at around 10 p.m. on July 8, 2001 next to a dumpster in the parking lot of a bank building.

How long has Lobato been in jail?

Lobato has served nearly sixteen years in prison despite compelling evidence of her innocence. “Ms. Lobato has spent all of her young adulthood wrongfully incarcerated for a crime she did not commit … we hope Ms. Lobato will be released soon.”. Vanessa Potkin.

When did Lobato cut off a man's penis?

On July 20, 2001, nearly two weeks after Bailey’s murder, Las Vegas Metro Police Department detectives received a phone call from a Panaca resident who had heard from another Panaca resident that Lobato had told her that she had cut off a man’s penis in Las Vegas.

Where did Lobato grow up?

Lobato grew up in Panaca, Nevada, a small town three hours north of Las Vegas. In late May 2001, two months before Bailey was killed, Lobato was visiting friends in Las Vegas when she was attacked in a motel parking lot by a man who attempted to rape her.

Who represented Lobato in the Innocence Project?

Lobato was represented by Barry Scheck, Vanessa Potkin , Adnan Sultan , and Jane Pucher of the Innocence Project as well as by local counsel David Chesnoff and Robert Demarco of Chesnoff & Schonfeld.

How did Lobato's lawyers violate her constitutional right to effective legal representation?

After a five-day hearing in October, the court had found that Lobato’s defense lawyers violated her constitutional right to effective legal representation by failing to call pathology and entomology experts regarding the victim’s time of death, which would have supported her strong alibi.

Who killed Bailey?

Armed only with this statement, the detectives arrested Lobato for Bailey’s murder. The police did not investigate clear alternate perpetrators with the motive and means to so violently kill Bailey. On July 1, 2001, one week before he was found dead, Bailey assaulted and raped a woman who lived in an apartment building next to the bank where his body would be found. Bailey threatened to kill the woman if she told anyone, but she eventually reported the attack to the police on July 5, 2001, just three days before Bailey was killed. She also told a number of her male neighbors who had an ongoing dispute with Bailey about the attack. Despite the woman’s prior contact with the victim, as well as her male friends’ motive to retaliate against Bailey, the police prematurely dismissed these potential suspects.

How old was Lobato when she was charged?

Lobato was just 18 years old when she was charged with the brutal 2001 murder of Duran Bailey, a homeless man in Las Vegas. Lobato, who was tried twice for the crime, has always maintained her innocence. Bailey’s body had been found at around 10 p.m. on July 8, 2001 next to a dumpster in the parking lot of a bank building.

When was Lobato in Panaca?

The defense presented numerous family members and neighbors who testified that Lobato was actually in Panaca on July 8, 2001. The prosecution even conceded in summation that Lobato was in Panaca as of 11:30 a.m. on July 8 th.

When did Lobato cut the man in the groin?

In the coming days and weeks, Lobato described this attack to numerous people, making clear that it occurred before July 2001 and stating that she believed she may have cut the man in the groin area before running off to safety. On July 20, 2001, nearly two weeks after Bailey’s murder, Las Vegas Metro Police Department detectives received ...

How long was Kirstin Lobato in jail?

Kirstin Lobato, tried twice, exonerated a murder after 16 years in prison.

Where did Lobato grow up?

Lobato grew up in Panaca, Nevada, a small town three hours north of Las Vegas. In late May 2001, two months before Bailey was killed, Lobato was visiting friends in Las Vegas when she was attacked in a motel parking lot by a man who attempted to rape her.

Who represented Lobato in the Innocence Project?

Lobato was represented by Barry Scheck, Vanessa Potkin , Adnan Sultan , and Jane Pucher of the Innocence Project as well as by local counsel David Chesnoff and Robert Demarco of Chesnoff & Schonfeld.

Who killed Bailey?

Armed only with this statement, the detectives arrested Lobato for Bailey’s murder. The police did not investigate clear alternate perpetrators with the motive and means to so violently kill Bailey. On July 1, 2001, one week before he was found dead, Bailey assaulted and raped a woman who lived in an apartment building next to the bank where his body would be found. Bailey threatened to kill the woman if she told anyone, but she eventually reported the attack to the police on July 5, 2001, just three days before Bailey was killed. She also told a number of her male neighbors who had an ongoing dispute with Bailey about the attack. Despite the woman’s prior contact with the victim, as well as her male friends’ motive to retaliate against Bailey, the police prematurely dismissed these potential suspects.

Why was Lobato's statement to other witnesses circumstantially consistent with theories of self-defense,

19 . Because no physical evidence tied Lobato to the homicide, Lobato's statements to other witnesses were circumstantially consistent with theories of self-defense, manslaughter and second-degree murder.

What is Lobato's argument in the case of Martin?

Lobato argues that the district court erroneously excluded extrinsic evidence rebutting Martin's denial that she sought to perpetrate a fraud upon her own sentencing court. More particularly, she asserts that the letters, the expert handwriting opinions and Brenda Self's testimony, although extrinsic, were admissible on the question of Martin's credibility.   We agree and reverse Lobato's conviction and remand for a new trial.

What did Lobato testify about?

Lobato testified in her own defense, claiming essentially that an unknown assailant attempted to sexually assault her, and that she resisted, cut him with a knife and fled the area.

What is the appeal of Kirstin Blaise Lobato?

Appellant Kirstin Blaise Lobato appeals from a final judgment of conviction, entered following jury verdicts of guilty on separate counts of first-degree murder with the use of a deadly weapon and sexual penetration of a dead human body. 1 In this appeal, we consider whether the trial court erred by precluding Lobato from introducing extrinsic evidence to impeach the testimony of a witness for the State.   We reverse Lobato's convictions and remand for a new trial.

What is the NRS 178.598?

Having held that there was error in the record, we must consider whether that error was harmless.  NRS 178.598 direct s that any error that does not affect a defendant's substantial rights shall be disregarded. The “exclusion of a witness' testimony is prejudicial if there is a reasonable probability that the witness' testimony would have affected the outcome of the trial.” 17 “A reasonable probability is a probability sufficient to undermine confidence in the outcome.” 18

How many modes of impeachment are there?

There are nine basic modes of impeachment.   The first four involve attacks upon the competence of a witness to testify, i.e., attacks based upon defects of perception, memory, communication and ability to understand the oath to testify truthfully.   The second four modes of impeachment involve the use of evidence of prior convictions, 8 prior inconsistent statements, specific incidents of conduct and ulterior motives for testifying.   The ninth mode of impeachment, not pertinent to this appeal, permits attack upon a witness's reputation for truthfulness and necessarily involves the use of extrinsic evidence.

Can a witness be proven by extrinsic evidence?

5 .  NRS 50.085 (3) states:Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime, may not be proved by extrinsic evidence.   They may, however, if relevant to truthfulness, be inquired into on cross-examination of the witness himself or on cross-examination of a witness who testifies to an opinion of his character for truthfulness or untruthfulness, subject to the general limitations upon relevant evidence and the limitations upon interrogation and subject to the provisions of NRS 50.090.

How many times was Blaise tried?

Blaise was tried twice for the crime. In both cases Judge Valerie Vega presided. Her first conviction in 2002 for first degree murder was overturned on appeal. The second trial in 2006 ended in a conviction for voluntary manslaughter and sexual penetration of a corpse. Blaise was sentenced to 13-35 years. Both the prosecution and defense believed that the verdict represented a compromise between jurors. Blaise had in fact been offered a plea deal that would have only resulted in a three year prison sentence.

Who is Amanda Knox?

Over the past several years a powerful grass roots organization came together surrounding the case of Amanda Knox, an American exchange student whose murder conviction in Perugia, Italy was recently overturned. The case was a tabloid sensation in Europe largely because both the victim and one of the accused were attractive young women. Blaise’s case has so far attracted none of the media attention present in that case. In recent weeks a number of those who had worked so hard to argue for the innocence of Amanda Knox have taken an interest in the case of Kirstin Blaise Lobato.

Who killed Duran Bailey?

Last week marked ten years since Kirstin “Blaise” Lobato was initially found guilty in the killing of Duran Bailey, a 44-year-old homeless man who had been stabbed and sexually mutilated in Las Vegas in July 2001. Despite substantial evidence affirming her innocence and clear reversible error by the presiding judge, Ms. Lobato remains in the same Nevada prison where she has spent most of the last decade. Her case is now emerging as one of the foremost unjust convictions in the United States today.

What is the series Making a Murderer about?

The series follows the Teresa Halbach murdercase from the beginning up until present day. The series, filmed over the course often years, details the trials of both Steven Avery and Brendan Dassey. Avery is theprimary focus of the series, based on his past history with the law. Avery served 18years in prison as an innocent man for the sexual assault and attempted murder ofPenny Beerntsen, before being fully exonerated in 2003. His exoneration came justtwo years prior to being charged with the murder of Halbach, in the same county, bythe same sheriff’s office that had previously caused him to lose nearly twodecades of his life. The series leaves viewers to wonder if the authorities who wronged him the first time, set out to frame him once again in an attempt to avoid paying out millions of dollars to settle a civil suit resulting from his wrongful conviction.

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