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United States Court Cases

Nevada Supreme/Appellate Court Record

BURGESS (MARSHALL) VS. STATE

Case Information: 41358
Short Caption:BURGESS (MARSHALL) VS. STATECourt:Supreme Court
Related Case(s): 38050 , 45361 , 45659 , 60265 , 72996 , 72996-COA , 73088 , 74841
Lower Court Case(s):Washoe Co. - Second Judicial District - CR002168Classification:Criminal Appeal - Fast Track - Post-Conviction
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

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Docket Entries
DateTypeDescriptionPending?Document
05/02/2003Filing Fee Filing Fee Waived.
05/02/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 03-07480
05/15/2003Transcript RequestFiled Certificate of No Transcript Request. 03-08273
05/30/2003Fast Track BriefFiled Fast Track Statement. 03-09022
05/30/2003AppendixFiled Appendix to Fast Track Statement. Joint Appendix. 03-09023
06/19/2003Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due: June 26, 2003. 03-10238
06/25/2003Fast Track BriefFiled Fast Track Response. 03-10631
09/04/2003Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. fn4[In light of our conclusion that the supplemental petition incorporating the claims raised in the original petition was both timely and properly verified, we need not address Burgess's arguments involving the validity of the verification of the original petition.] "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." NNP04S-NB/MS/MG 03-14823
09/18/2003Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 09/17/03. 03-15644
11/05/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP04S-NB/MS/MG 03-18436
11/14/2003Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Respondent's Petiton for Rehearing En Banc. Mailed on: 11/13/03. 03-19012
12/02/2003RemittiturIssued Remittitur. 03-18589
12/02/2003Case Status Update Remittitur Issued/Case Closed.
12/17/2003Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Although the State correctly agues that counsel's supplemental petition did not satisfy the verification requirement of NRS 34.730, the district court nonetheless erred by not permitting appellant to amend the petitions with a proper verification so that the district court could resolve the merits of the claims presented. Accordingly, we "ORDER the petition DENIED." Maupin, J., concurring. EN BANC 03-21006
12/22/2003RemittiturFiled Remittitur. Received by County Clerk on December 4, 2003. 03-18589