Notable Case Results:
Successes in Homicide Defense
Jury Trial:
State v. J.H.: Nevada State case. Client was charged with 1st Degree Murder, with the State alleging premeditated Murder and Felony Murder occurring during the perpetration of a robbery. Mr. Tomsheck took the case to a jury trial despite the State reaching negotiations with client's co-defendants in exchange for their testimony during trial. At Trial, Mr. Tomsheck was able to attack the testimony of the co-defendants turned witnesses, highlighting their bias and self-serving testimony. Josh also significantly impacted the State's case by highlighting issues with the digital forensic evidence relied upon by the prosecution. Following a multi-week trial, the jury returned full not guilty verdicts on all counts and client was immediately released from custody.
Jury Trial:
State v. J.H.: Nevada State Case. Client was charged with attempted homicide charges and related charges. Despite the State's arguments and testimony from percipient witnesses, including the alleged victim, Mr. Tomsheck was able to convince the jury that the facts fell squarely in line with Nevada's Self Defense statutory and case law. Client was acquitted of all charges with a full not guilty verdict.
Jury Trial:
State v. R.B: Nevada State case. Client charged with capital murder. Despite overwhelming physical evidence and the alleged crimes occurring on video, Mr. Tomsheck was able to secure a sentence allowing for his client to receive parole after a multi-week jury trial where the State was asking for the death penalty.
Pre-Trial Petition for Writ of Habeas Corpus:
State v. M.D.: Nevada State case. Client was charged with First Degree premeditated murder and was facing life sentence. Following indictment, Mr. Tomsheck filed a Petition for Writ of Habeas Corpus alleging insufficiency of evidence and the introduction of improper hearsay evidence before the Grand Jury. The District Court granted Mr. Tomsheck's Petition and the charges, including Murder, were dismissed.
Post Conviction Petition for Writ of Habeas Corpus:
State v. J.C.: Nevada State Case. Prior to Mr. Tomsheck's representation, Client was charged with Capital Murder for two counts of 1st Degree Murder. Following conviction, he was sentenced to life without parole in the Nevada Department of Corrections. The case was overturned on direct appeal. Following remand, the case was retried, and client was again convicted and received the same sentence. Thereafter, Mr. Tomsheck was appointed to represent client and filed, with co-counsel, a Petition for Writ of Habeas Corpus (Post Conviction) arguing a number of grounds, including prosecutorial misconduct, Brady violations and ineffective assistance of counsel. Following years of briefing, argument and a full multi-day evidentiary hearing, the Petition was granted, and the convictions vacated. Thereafter, client, who had been in custody for two decades, was released.
Pre-Trial Petition for Writ of Habeus Corpus:
State v. Y.S.: Client was charged with First Degree Murder alleging, among other things, premeditated murder, murder by poison and a Felony Murder by a killing occurring during the abuse of a vulnerable person under the care of client. Mr. Tomsheck filed an extensive pretrial Petition attacking the State's case, arguing the sufficiency of the evidence, errors in instructions to the Grand Jury, failure to present accurate exculpatory evidence and misapplication of the law related to Felony Murder. Following hearing, the Petition was granted, and the case dismissed.
Negotiation:
State v. M.S.: Client was charged for 1st Degree Felony murder. The State alleged client was part of a criminal street gang, and the homicide was a result of gang violence, for which client was alleged to be a participant. Following extensive pre-trial investigation and negotiation, Mr. Tomsheck was able to identify issues with the State's allegations and that client was not a participant. Case resolved to a sentence of probation.
Pre-File Investigation and Representation:
Name withheld for confidentiality reasons: Client, a well-known entertainer, was being investigated for the shooting death of an individual on his property. Mr. Tomsheck was retained prior to any contact from law enforcement. Following his own investigation, Josh and his client presented their investigation to law enforcement and was able to convince homicide detectives that client's actions fell within the legal definition of justifiable homicide in Nevada. No charges were ever filed, and client never spent a day in jail.
