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MOT
AL LASSO, ESQ.
Nevada Bar Number 8152
L
AW
O
FFICES OF
A
L
L
ASSO
, LLC.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6980
Attorney for Defendant
DISTRICT COURT
THE STATE OF NEVADA,
Plaintiff,
-vs-
,
Defendant.
CLARK COUNTY, NEVADA
CASE NO.:
DEPT. NO.: XI
Hearing Date:
Hearing Time:
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DEFENDANT’S MOTION TO MARRY INMATE
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COMES NOW, the Defendant_____________, by and through his attorney, AL LASSO,
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Defendant’s Motion to Marry Inmate.
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1 This motion is made and based upon the attached Points and Authorities, any and all
2 pleadings on file herein, and any oral argument deemed necessary by this Court.
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DATED this _____ day of September, 2007.
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___________________________________
AL LASSO, ESQ.
Nevada Bar Number 8152
L AW O FFICES OF A L L ASSO , LLC.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6980
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NOTICE OF MOTION
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TO: David Roger, District Attorney Clark County, Nevada;
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DEFENDANT’S MOTION TO MARRY INMATE will be heard on the ______ day of
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______________, 2007, at _________ a.m./p.m. in Department XI.
DATED this _____ day of September, 2007.
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___________________________________
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AL LASSO, ESQ.
Nevada Bar Number 8152
L
AW
O
FFICES OF
A
L
L
ASSO
, LLC.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6980
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POINTS
AND
AUTHORITIES
I.
F
ACTS
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Pursuant to District Court case number, Defendant was charged by way of criminal
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5 information with the following five felony counts: First Degree Kidnapping Resulting in
6 Substantial Bodily Harm, Battery with Intent to Commit a Crime Resulting in Substantial Bodily
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Harm, Sexual Assault Resulting in Substantial Bodily Harm, Sexual Assault Resulting in
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Substantial Bodily Harm, and Robbery.
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Mr. is currently an inmate in the Clark County Detention Center (CCDC) pending the
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11 outcome of the above-referenced case. Mr. _________will remain an inmate of CCDC for the
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13 immediate future, and will potentially remain incarcerated in the State of Nevada for many years.
Mr. _________now wishes to marry. Ms. _________is 18 years old and is otherwise
14 legally qualified to be married to Mr. in the State of Nevada. Therefore, Mr. now moves this
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Court to grant Defendant’s request to marry and
II.
A RGUMENT
M
R
.
SHOULD BE ALLOWED TO MARRY
FULLNAME
WHILE HE REMAINS
INCARCERATED IN
CCDC
PENDING THE OUTCOME OF HIS CURRENT
D
ISTRICT
C
OURT CASE
,
BECAUSE MARRIAGE IS A FUNDAMENTAL RIGHT WHICH IS AFFORDED EVEN TO PRISONERS .
The right to marry is a fundamental right under the United States Constitution. Zablocki
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23 v. Redhail , 434 U.S. 374, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978); Loving v. Virginia , 388 U.S. 1,
87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967).
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The right to marriage is also enjoyed by persons incarcerated in penal institutions. See
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Turner v. Safley , 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987). In Turner , the Supreme
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Court, applying a reasonable relation standard, held that an almost complete ban on marriage was
28 not reasonably related to legitimate penological objectives and served as an exaggerated response
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1 to claimed security objectives. Turner , 482 U.S. at 97-98, 107 S.Ct. at 2266. Though the prison
2 could order substantial restrictions, such as time, circumstances, and perhaps, prior approval of
3 the warden, it could not prohibit prisoners from forming a constitutionally protected relationship.
4 Turner , 482 U.S. at 99, 107 S.Ct. at 2267.
5 is currently an inmate in CCDC pending the outcome of District Court case number. Mr.
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___________will remain an inmate of CCDC for the immediate future, and may remain
7 incarcerated in the State of Nevada for many years, depending on the outcome of the above-
8 referenced case.
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Mr. _____now wishes to marry__________. Both Mr. and Ms. wish to marry one
10 another. Both individuals are over 18 and otherwise meet all other criteria to be married under
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Nevada law. Additionally, both individuals understand their responsibilities as spouses, and Ms.
12 is aware of the nature of the crimes for which Mr. has been charged.
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Therefore, ________asks that this Court allow him to marry _______ while he remains in
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17 custody pending the outcome of his pending District Court case.
III. C
ONCLUSION
For the foregoing reasons, Defendant __________respectfully requests that this
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Honorable Court grant Defendant’s Motion to Marry Inmate.
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DATED this _____ day of September, 2007.
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___________________________________
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AL LASSO, ESQ.
Nevada Bar Number 8152
L
AW
O
FFICES OF
A
L
L
ASSO
, LLC.
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: (702) 835-6980
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RECEIPT OF COPY
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8 this _____ day of _____________, 2007.
RECEIPT of DEFENDANT’S MOTION TO MARRY INMATE hereby acknowledged
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______________________________________
Deputy District Attorney
Regional Justice Center
200 Lewis Avenue
Las Vegas, NV 89101
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