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United States Court Cases

Nevada Supreme/Appellate Court Record

BUTLER (JOHN) VS. STATE (DEATH PENALTY)

Case Information: 41283
Short Caption:BUTLER (JOHN) VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 35092 , 37591 , 52260 , 57838 , 58759 , 69953
Lower Court Case(s):Clark Co. - Eighth Judicial District - C155791Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:09/22/2004 at 11:00 AMOral Argument Location:Carson City
Submission Date:09/22/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/21/2003Filing Fee Filing Fee Waived.
04/21/2003Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 20. 03-06809
04/21/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 03-06815
04/29/2003MotionFiled Motion. Motion to Obtain Sealed Penalty Phase Transcript. 03-07306
05/02/2003Docketing StatementFiled Docketing Statement. 03-07426
05/29/2003Order/ProceduralFiled Order Denying Motion. Appellant's counsel has moved this court for an order directing the clerk of the district court to provide counsel with a copy of a portion of the penalty phase transcript that was apparently sealed by the district court. Appellant's counsel should first seek the requested relief from the district court, where an appropriate record of the matter at issue can be made for this court's review in the event appellant's motion below is unsuccessful. Appellant's motion is hereby denied without prejudice to appellant's right to renew the motion in this court if the motion below is unsuccessful. 03-08977
06/13/2003MotionFiled Motion to Extend Time. 03-09930
06/20/2003Order/ProceduralFiled Order Granting Motion. filed June 13, 2003. Appellant shall have until August 29, 2003, to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d). 03-10304
08/14/2003MotionFiled Motion. Application for Extension of Time and Motion to Compel the Clerk to Submit a Supplemental Record on Appeal. 03-13633
08/18/2003Order/ProceduralFiled Order/Motion Granted in Part. Appellant's counsel has moved this court for an extension of time to and including September 29, 2003, to file and serve the opening brief. Appellant notes that the record on appeal does not appear to contain the transcript of the proceedings conducted in the district court on December 1, 2000 and requests this court to order the clerk of the district court o supplement the record with a certified copy of the transcript of the proceedings conducted on that date. Our inspection of the record on file in this court reveals that the transcript of the proceedings conducted on December 1, 2000, is included in the record. fn1[The transcript at issue appears at the beginning of Volume 8 of the record on appeal on file in this court.] That transcript, however, is incorrectly dated as "Friday, November 30, 2000." Under these circumstances, we grant appellant's motion in part. Appellant shall have to and including September 15, 2003, to file and serve the opening brief. The remaining relief requested in appellant's motion is denied. 03-13768
10/14/2003MotionFiled Motion to Extend Time. 03-16988
10/22/2003Order/ProceduralFiled Order Granting Motion. . On October 14, 2003, appellant's counsel filed a motion in this court requesting an extension of time to and including October 15, 2003, to file the opening brief. As of the date of this order, however, this court has not received the opening brief. Nonetheless, this court hereby grants a final extension of time. Appellant's counsel shall have 10 days from the date of this order within which to file and serve the opening brief or show cause why counsel should not be sanctioned. 03-17593
11/04/2003MotionFiled Motion for Excess Pages. Motion for Leave to File Sixty-Nine Page Appellant's Opening Brief. 03-18372
11/12/2003Order/ProceduralFiled Order Granting Motion. filed November 4, 2003. The clerk of this court shall file the 69-page opening brief received on November 4, 2003. Respondent shall have 60 days from the date of this order to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d). 03-18821
11/12/2003BriefFiled Opening Brief. 03-18374
01/14/2004MotionFiled Motion to Extend Time. 04-00834
01/20/2004Order/ProceduralFiled Order Granting Motion. filed January 14, 2004. This is an automatic appeal from a judgment of conviction and a sentence of death. Respondent shall have until March 11, 2004, to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d). 04-01057
03/15/2004MotionFiled Motion for Excess Pages. Motion for Leave to File 56 Page Answering Brief. 04-04805
03/18/2004Order/ProceduralFiled Order Granting Motion. filed March 15, 2004. The clerk shall file the 56-page answering brief and appendix received on March 15, 2004. Appellant shall have 45 days from the date of this order to file and serve the reply brief. 04-05194
03/18/2004BriefFiled Answering Brief. 04-04806
03/18/2004AppendixFiled Appendix to Answering Brief.
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
04/27/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 22, 2004, at 9:30 a.m. (En Banc)
05/06/2004MotionFiled Motion to Extend Time. 04-08404
05/11/2004Order/ProceduralFiled Order/Motion Granted in Part. Appellant's counsel has now moved this court for a 30-day extension of time, to and including June 2, 2004, to file the brief. En banc oral argument has been scheduled for June 22, 2004. In light of the approaching argument date, counsel's representation that only 14 additional days are needed, and in view of the prior briefing extensions previously granted in this appeal, a 30-day extension of time appears unwarranted. Nonetheless, counsel shall have an extension of time of 18 days, to and including May 21, 2004, within which to file and serve the reply brief. 04-08697
05/25/2004Order/ProceduralFiled Order Rescheduling Oral Argument. This appeal was previously scheduled for one hour oral argument before the en banc court on June 22, 2004. Cause appearing, that argument date is hereby vacated. The clerk of this court shall reschedule the appeal for one hour argument before the en banc court in September 2004. 04-09631
05/26/2004BriefFiled Reply Brief. 04-09740
08/11/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on September 22, 2004, at 11:00 a.m. (En Banc)
09/08/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
09/22/2004Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
12/20/2004Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, reversed in part, and remanded." fn1[The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] Before the Court EN BANC. Author: Shearing, C.J. We concur: Rose and Becker, JJ. Agosti, J., with whom Maupin, J., agrees, concurring. Gibbons, J., concurring in part and dissenting in part. 120 Nev. Adv. Opn. No. 93. EN BANC. 04-23094
01/14/2005RemittiturIssued Remittitur. 05-00049
01/14/2005Case Status Update Remittitur Issued/Case Closed.
01/28/2005RemittiturFiled Remittitur. Received by County Clerk on January 18, 2005. 05-00049