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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37591
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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The defendant pleads guilty to the Nevada State Bar of violating

Customer Question

The defendant pleads guilty to the Nevada State Bar of violatingXXXXXrules of ethics, prior to the legal malpractice civil case the defendant tries to get the case thrown out by forging the plaintiffs signature to a document he never signed. When entering the court for a trial by jury, the judge refuses to let the case be heard and throws out all the evidence. 12 years later the defendant is going to prison for tax evasion, and it comes out in trial that he is found guilty of forging numerous documents. On what grounds could the judge throw out such pertinent evidence. I believe the judge was paid off. Do I have any recourse? The defendant is a bancruptsy attorney, and neglected to file my petition causing me to lose my home and 200k in equity. Now 12 years later, he is still not being punished by the state, but has been given a 2 year prison sentence by the feds. Numerous complaints have been made to the bar in the last 12 years, and other than paying their court fees he has over and over and over again just been given a slap on the wrist. Websites exist the Victims of Randolph H. Goldberg. Is their any recourse for me so many years later?
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. Did you file an appeal in your case from 12 years ago?

Expert:  Brandon M. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

When the judge throughout the evidence, my lawyer basically through in the towel, not willing to fight for me anymore on a contingency basis. The judge ordered my wife and I to go in a backroom of the court and not to come out till we accepted the 20k settlement the judge offered. He left us no alternatives. We were broke and broken, and the defendant had a very large war chest. The judge refused to let the jury hear the case. After punching a wall in the backroom, we settled. The question is...who can I go after. The Judge? The Nevada State Bar? Clark County?The fact that I can send multiple emails to a Judge spewing hate and threatening him, and still no response. Why wasn't I arrested? The big question and most important. Did the judge have legal grounds to throw out my evidence. I would think a signed guilty plea would have been a slam dunk, not to mention the forged document. what are the possible grounds for dismissing this evidence?

Expert:  Brandon M. replied 1 year ago.
Ok, so no appeal was filed. Do you have new evidence that the judge's corruption penetrated your case? Has new information come to light since your trial?
Customer: replied 1 year ago.

my question to you is...what possible grounds could the judge have had to throw my evidence out? The defendant signed a guilty plea with the NSB, did the judge have grounds to throw it out?


 

Customer: replied 1 year ago.

Can I file charges against the judge? My proof of wrong doing is obvious, I have made blatant threats against him. and he has taken no action against me. Why? But if the defendant could violate supreme court rules of ethics, be proven as a forger, isn't it possible he could have also been guilty of bribery? Is there anyway to get this case back in front of a jury?

Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Can I file charges against the judge? My proof of wrong doing is obvious, I have made blatant threats against him. and he has taken no action against me. Why? But if the defendant could violate supreme court rules of ethics, be proven as a forger, isn't it possible he could have also been guilty of bribery? Is there anyway to get this case back in front of a jury?



Response: You can file complaint against the Judge for misconduct. However, your settlement in the case 12 years ago would work against you UNLESS you have proof that the Judge was bought. To file complaint against the Judge, click on the link below:



http://judicial.state.nv.us/contentsnjdc3new.htm



If you never appealed your settlement, it is not reasonable to expect that your case would be reopened and then you given an opportunity try your case in front of a jury. It is less likely that you would get your case reopened 12 years after settlement, and 12 years after you never appealed from the "forced settlement."

I am sorry that I do not have better news for you.

Customer: replied 1 year ago.

You still haven't answered my question. What grounds did the judge have for throwing out such strong evidence as a signed guilty plea to the Nevada State Bar?

Expert:  Phillips Esq. replied 1 year ago.

You still haven't answered my question. What grounds did the judge have for throwing out such strong evidence as a signed guilty plea to the Nevada State Bar?

Response: I actually did address your last questions. I did not go back to review your previous questions as your last follow-up questions indicated the questions that you wanted answered. Nevertheless, the short answer to your question is that the Judge might have simply not found your evidence to be strong. You had obligation to challenge the Judge at that time by appealing the ruling, but you did not and you actually settled the case. You cannot now 12 years after the fact try re-litigate the issues in your case.


Your claim would be barred by the doctrines of Res Judicata (claim preclusion) and Collateral Estoppel (issue preclusion), which bar a party to a previous lawsuit from suing on the same claim or issues already decided by a previous lawsuit between the same parties. These doctrines prevent parties from tying up the Court system for a very long time for same claims and issues. Thus, it is for efficient and fair administration of legal matters to enforce these doctrines. It would not be fair for the same defendant to be sued for the same thing over and over again after the issue/claim has already been adjudicated by the Court.

Customer: replied 1 year ago.

So let me get this straight...a signed guilty plea by the defendant admitting to violatingXXXXXrules of ethics is not strong enough evidence?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your post. A different professional here.

To answer directly, you are now bringing up issues from 12 years ago that are no longer something that you can bring up today--they are effectively time-barred. It is irrelevant as to why at that time the judge did not find it to be strong enough evidence, or on what basis he ruled against it, as that decision is now binding based on how long ago that decision was handed down. Anything, even a wrong decision if not timely appealed, becomes final and binding. This is that type of a situation, and under res judicata you cannot re-litigate the same claim even if the judge was wrong the first time out.

Good luck.

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