| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 05/05/2005 | Filing Fee | Filing Fee Waived. | | |
| 05/05/2005 | Notice of Appeal Documents | Filed 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.) | | 05-08898
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| 05/05/2005 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: June 1, 2003 through May 2, 2005. Court Reporter: Court Reporter, Dept. VI. Filed in district court on: April 29, 2005. | | 05-08899
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| 05/16/2005 | Order/Procedural | Filed Order/Full Briefing. This court has concluded that full briefing of this appeal is warranted. fn1[If a party's brief will cite to documents not previously filed in this court, that party must file and serve an appropriately documented supplemental appendix with the brief.] Appellant shall have 120 days from the date of this order to file and serve the opening brief and appendix. fn1[Counsel need not file a certified transcript in this appeal as ordinarily required by NRAP 9. But should either counsel object to the sufficiency of the rough draft transcript or cite to transcripts not previously prepared, counsel shall file and serve a request for the necessary transcripts pursuant to NRAP 9(a).] Thereafter, briefing shall proceed as set forth in NRAP 31. | | 05-09511
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| 05/25/2005 | Motion | Filed Motion. Appellant's Motion for Reconsideration of Full Briefing. | | 05-10287
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| 05/25/2005 | Motion | Filed Motion. Appellant's Motion to Compel Court Reporter to Produce Rough Draft Transcripts. | | 05-10289
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| 05/25/2005 | Notice/Incoming | Filed Notice. Appellant's Notice and Demand for Service to All Parties to Serve Documents to All Related Appellants. | | 05-10290
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| 05/25/2005 | Motion | Filed Motion to Consolidate. Appellant's Motion to Consolidate Appeal of Richard Bennett Tabish and Appeal of Sandra Murphy. Nos. 45126/45189. | | 05-10291
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| 06/01/2005 | Notice/Incoming | Filed Notice. Appellant's Amended Certificate of Service of Notice and Demand for Service to all Parties to Serve Documents to all Related Appellants. | | 05-10708
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| 06/01/2005 | Notice/Incoming | Filed Notice. Appellant's Amended Certificate of Service of Appellant's Motion for Reconsideration of Full Briefing. | | 05-10712
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| 06/01/2005 | Notice/Incoming | Filed Notice. Appellant's Amended Certificate of Service of Appellant's Motion to Compel Court Reporter to Produce Rough Draft Transcripts. | | 05-10713
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| 06/01/2005 | Notice/Incoming | Filed Notice. Appellant's Amended Certificate of Service of Appellant's Motion to Consolidate Appeal of Richard Bennett Tabish and Appeal of Sandra Murphy. | | 05-10714
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| 06/07/2005 | Order/Procedural | Filed Order/Briefing Schedule. Appellant filed a motion for reconsideration of the full-briefing order. Because of appellant's concern, this court will impose an expedited briefing schedule. Counsel for appellant shall have 60 days from the date of this order within which to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with the schedule set forth in NRAP 31. Counsel for appellant shall have 10 days from the date of this order within which to file a transcript request pursuant to NRAP 9(a). Finally, appellant also filed a notice and demand for service to all parties to serve documents to all related appellants. It does not appear that appellant is seeking any action or relief from this court, and this court declines to take any action based on the notice and demand for service. | | 05-11115
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| 06/07/2005 | Order/Procedural | Filed Order Denying Motion. to Consolidate. On May 25, 2005, appellant Richard Bennett Tabish filed a motion to consolidate these appeals. This court concludes that Tabish has not demonstrated good cause, and the motion to consolidate is therefore denied. Nos. 45126 and 45189 | | 05-11178
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| 06/24/2005 | Notice/Outgoing | Issued Notice to File Transcript Request. Due Date: 10 days. | | |
| 07/25/2005 | Motion | Filed Motion. Appellant's Motion for Reconsideration of Full Briefing; Appellant's Motion for Reconsideration of Consolidation; Appellant's Motion for Enlargement of Time re: Trans Request. | | 05-14648
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| 07/25/2005 | Transcript Request | Received Request for Transcript of Proceedings. | | 05-14649
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| 08/03/2005 | Order/Procedural | Filed Order Granting Motion. for Extension of time Denying Motion for Reconsideration, and Directing Appellant to Serve Transcript Request Form. On July 25, 2005, appellant Richard Tabish filed a motion in this court requesting relief in several respects. We grant the motion in part and deny it in part. First, Tabish seeks this court's reconsideration of an order concluding that this appeal should not proceed in accordance with the fast track provisions of NRAP 3C, but should instead be fully briefed. We deny Tabish's second request for reconsideration of the full briefing order. Second, Tabish seeks this court's reconsideration of our prior order denying his motion to consolidate this case with the pending appeal in Murphy v. State, Docket No. 45126. Upon the completion of briefing, Tabish may renew the motion to consolidate. We deny appellant's request to reconsider the order denying the motion to consolidate. Third, appellant seeks an enlargement of time to and including July 18, 2005, within which to file the transcript request form required under NRAP 9. Appellant also submitted an amended transcript request form to this court on July 25, 2005. Appellant's counsel shall have 10 days from the date of this order within which to provide this court with proof of service of the form on the appropriate court reporters or recorders. We grant appellant's motion for an extension of time to file the transcript request form. The clerk of this court shall file the form provisionally submitted on July 25, 2005. | | 05-15384
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| 08/03/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Appellant's Amended Request for Transcripts. Transcripts requested: 12/15/03; 2/13/04; 5/3/04; 5/7/04; 6/4/04; 8/6/04; 8/20/04; 9/10/04; 10/7/04; 10/11/04 to 11/22/04; 10/12/04; 10/13/04; 10/14/04; 10/15/04; 10/18/04; 10/19/04; 10/20/04; 10/21/04; 10/22/04; 10/25/04; 10/26/04; 10/27/04; 10/28/04; 11/1/04; 11/2/04; 11/5/04; 11/8/04; 11/9/04; 11/10/04; 11/12/04; 11/15/04; 11/16/04; 11/17/04; 11/18/04; 11/19/04; 11/22/04; 11/23/04; 12/13/04; 1/26/05; 3/11/05; 4/4/05; 4/26/05; 5/2/05; 5/16/05; 5/31/05. Court Reporter: Mercer, McInerney, Bowden, Litsheim & Gardner. | | 05-14649
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| 09/09/2005 | Transcript | Filed Transcript. Proceedings: 12/15/03; 12/22/03; 02/13/04; 08/20/04 (2); 09/07/04; 09/15/04; 10/11/04; 10/12/04; 10/13/04 (2); 10/14/04; 10/15/04; 10/18/04; 10/19/04; 10/20/04; 10/21/04; 10/22/04; 10/25/04; 10/26/04; 10/27/04; 10/28/04; 11/01/04; 11/02/04; 11/03/04; 11/04/04; 11/08/04; 11/09/04; 11/10/04; 11/12/04; 11/15/04; 11/16/04; 11/18/04; 11/19/04; 11/23/04. Court Reporter: Tom Mercer. | | 05-17835
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| 10/17/2005 | Order/Procedural | Filed Order. Opening brief and appendix due: 10 days. Failure to timely comply with this order may result in the impositin of sanctions. Transcripts due: 20 days. If more time is needed, Mr. Mercer, Ms. McInerney and Ms. Litsheim shall file a motion requesting an extension of time or if the transcripts cannot be produced, notify this court, in writing, of this fact. | | 05-20439
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| 10/27/2005 | Motion | Filed Motion. Appellant's Motion for Enlargement of Time to Comply with Notices of the Court and to File Opening (submitted by Carl Piazza - Substitution of Counsel attached to motion). | | 05-21283
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| 10/27/2005 | Notice/Outgoing | Issued Notice to Provide Proof of Service. Service was by fax and was not signed or dated. Due date: 10 days. | | |
| 10/27/2005 | Motion | Filed Motion to Extend Time. Submitted by Joseph S. Caramagno. | | 05-21288
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| 10/27/2005 | Motion | Filed Motion. Motion to Withdraw as Counsel of Record for Appellant, Richard Bennett Tabish - Joseph S. Caramagno. | | 05-21289
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| 10/27/2005 | Notice/Incoming | Filed Proof of Service. Appellant's Amended Request for Transcripts. | | 05-21291
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| 11/01/2005 | Motion | Filed Motion. Appellant's Amended Motion for Enlargement of Time to Comply with Notices of the Court and to File Opening Brief and Amended Certificate of Service. | | 05-21514
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| 11/10/2005 | Transcript | Filed Transcript. Proceedings: 4/4/05. Court Reporter: Wanda McInerney. | | 05-22185
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| 11/14/2005 | Order/Procedural | Filed Order. Pursuant to the notice of substitution of attorneys, we direct the clerk to substitute Mr. Piazza as counsel for appellant in place of Mr. Caramagno. Mr. Caramagno's motion to withdraw is denied as moot. Opening brief and appendix due: 30 days. | | 05-22326
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| 11/17/2005 | Transcript | Filed Transcript. Proceedings: April 4, 2005. Court Reporter: Wanda L. McInerney. | | 05-22728
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| 12/08/2005 | Letter/Incoming | Filed Letter. from Court Reporter Lucille Litcheim explaining the delay in the delivery of the transcripts. | | 05-24039
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| 12/23/2005 | Motion | Filed Motion to Extend Time. Appellant's Motion to File Late Pleading. | | 05-25061
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| 01/06/2006 | Motion | Filed Motion for Excess Pages. Appellant's Motion for Waiver of NRAP 28(g) and Thirty Page Limit on Opening Brief. | | 06-00317
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| 01/11/2006 | Motion | Filed Motion. Appellant's Motion for Remand. | | 06-00703
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| 01/12/2006 | Motion | Filed Motion. Original copy of Appellant's Motion for Remand without attachments. | | 06-00703
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| 01/12/2006 | Motion | Filed Motion. Appellant's Motion for Transmittal of the Record from August 1999 Bindover from Preliminary Through August 4, 2005 in Support of Motion for Remand. | | 06-00875
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| 02/17/2006 | Order/Procedural | Filed Order Granting Motion. The clerk shall file the 69-page opening brief and appendix received on January 6, 2006. Answering brief due: 30 days. Transcripts due: 10 days. If more time is needed to complete the preparation of the transcripts, Mr. Mercer, Ms. McInerney and Ms. Litsheim shall, within the same time period, file a motion requesting an extension of time or if the requested transcripts cannot be produced, they shall notify this court, in writing, of this fact. Failure to timely comply with this order may result in the imposition of sanctions, including monetary sanctions, and referral to the Certified Shorthand Reporters Board of Nevada. | | 06-03576
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| 02/17/2006 | Brief | Filed Opening Brief. | | 06-00318
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| 02/17/2006 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 8. | | 06-00319
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| 02/28/2006 | Transcript | Filed Transcript. Proceedings: April 26, 2005. Court Reporter: Wanda L. McInerney. | | 06-04531
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| 02/28/2006 | Transcript | Filed Transcript. Proceedings: 05/03/04, 10/07/04, 11/05/04, 12/13/04. Court Reporter: Tom Mercer. | | 06-04532
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| 03/06/2006 | Notice/Incoming | Filed Notice. Notice of No Opposition to Appellant's Motion for Transmittal of the Record from August 1999 Bind Over from Preliminary through August 4, 2005 in Support of Motion for Remand; Notice of No Opposition to Appellant's Motion for Remand. | | 06-04843
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| 03/22/2006 | Motion | Filed Motion to Extend Time. Motion to Enlarge Time Within Which to File Respondent's Answering Brief and Motion to File an Oversized Brief. | | 06-06145
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| 03/27/2006 | Order/Procedural | Filed Order Granting Motion. The clerk shall file the 46-page answring brief and appendix received on March 22, 2006. | | 06-06367
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| 03/27/2006 | Brief | Filed Answering Brief. | | 06-06146
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| 03/27/2006 | Appendix | Filed Appendix to Answering Brief. Volumes 1 and 2. | | 06-06148
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| 03/31/2006 | Order/Procedural | Filed Order Denying Motion. We deny appellant's motions requesting a remand and an order directing transmission of the entire record. | | 06-06778
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| 04/03/2006 | Motion | Filed Motion. Carl Piazza. | | 06-06915
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| 04/06/2006 | Motion | Filed Response to Motion. State's Response to Motion to Withdraw. | | 06-07344
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| 04/14/2006 | Motion | Filed Motion for Permission to File Document. | | 06-07870
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| 05/08/2006 | Transcript | Filed Transcript. Proceedings: 5/2/05. Court Reporter: Lucille Litsheim. | | 06-09670
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| 05/12/2006 | Notice/Incoming | Filed Affidavit. from Court Reporter Tom Mercer - there is no transcript available for 11/22/04. | | 06-10046
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| 05/16/2006 | Order/Procedural | Filed Order Granting Motion. Carl Piazza has filed a motion to withdraw as counsel for appellant. Respondent has filed a response opposing the motion to withdraw. Mr. Piazza has moved for leave to file a reply to respondent's opposition, representing that respondent no longer opposes his motion to withdraw. fn1-[The reply is attached to Mr. Piazza's motion. Cause appearing, we grant the motion to file the reply to respondent's opposition. See NRAP 27(a). The clerk shall detach and file the reply accompanying the April 14, 2006, motion.] Further, appellant has submitted a proper person document responding to Mr. Piazza's motion to withdraw. fn2-[ We direct the clerk to file the proper person document received on April 20, 2006. However, we decline to grant appellant permission to file additional documents in proper person.] Cause appearing, we grant the motion to withdraw. The clerk of the court shall remove Mr. Piazza as counsel of record for appellant from the docket in this appeal. Appellant shall have 20 days from the date of this order to retain new counsel and cause new counsel to enter an appearance on his behalf. New counsel shall have 40 days from the filing of a notice of appearance to file and serve a reply brief, if deemed necessary. We note that appellant has also requested in his response that this court disqualify 'the district court judge from all further proceedings in this matter.' No cause appearing, we deny the request. | | 06-10302
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| 05/16/2006 | Motion | Filed Reply to Response. Carl Piazza, Esq.'s Reply to Respondent Response to Motion to Withdraw as Counsel. | | 06-10304
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| 05/16/2006 | Other Incoming Document | Filed Proper Person Document. Notice of Discharge of Record and Response to Former Attorney's Motion to Withdraw with Request for Disqualfication of District Court from Further Proceedings. | | 06-08347
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| 06/16/2006 | Order/Procedural | Filed Order. Regarding Transcript. On November 22, 2004, court reporter Tom Mercer was called to read back testimony to the jury, but he did not record any proceedings on that date. Mr. Mercer is not required to file a transcript for the November 22, 2004, proceedings. All available requested transcripts have now been filed in this appeal. | | 06-12587
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| 06/26/2006 | Order/Procedural | Filed Order Granting Motion. Appellant shall have until July 5, 2006, to retain new counsel and cause new counsel to enter an appearance on his behalf. New counsel shall have 40 days from the filing of a notice of appearance to file and serve a reply brief. | | 06-13130
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| 07/24/2006 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Michael H. Schwarz. | | 06-15385
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| 09/08/2006 | Motion | Filed Motion and Order Extending Time. Brief due: September 6, 2006. | | 06-18613
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| 09/08/2006 | Brief | Filed Reply Brief. | | 06-18614
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| 09/11/2006 | Appendix | Filed Appendix to Reply Brief. Vols. 1 through 4. | | 06-18709
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| 10/04/2006 | Motion | Filed Motion to Consolidate. Appellant's Motion to Consolidate Case No. 45189 and Case No. 47312. | | 06-20344
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| 10/26/2006 | Order/Procedural | Filed Order/Consolidation. the motion to consolidate is hereby granted. The clerk of this court shall consolidate the above captioned appeals for all appellate purposes. Based on attorney Schwarz' representations, Docket No. 47312 shall be resolved on the briefs and appendices already on file in Docket No. 45189. fn 1-[We waive the requirements of NRAP 9 and 14 relating to the filing of transcript request forms and docketing statements.] Nos. 45189/47312 | | 06-22028
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| 03/21/2007 | Motion | Filed Motion. to Take Judicial Notice of Cunningham v. California, U.S.C. 05-6551 (Decided: Jan. 22, 2007). Nos. 45189/47312. | | 07-06422
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| 03/28/2007 | Notice/Incoming | Filed Errata. to Motion to take Judicial Notice. Nos. 45189/47312. | | 07-06983
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| 04/04/2007 | Order/Procedural | Filed Order. fn1[On October 26, 2006, this court entered an order consolidating these appeals and stating that the appeal in No. 47312 shall be resolved on the briefs and appendices filed in No. 45189.] We elect to treat appellant's motion for this court to take judicial notice as a motion to file a supplemental brief. We grant the motion. We shall consider the arguments in the motion filed on March 21, 2007, as well as the errata filed on March 28, 2007, in resolving this appeal. Respondent shall have 10 days from the date of this order to file and serve a responsive brief of no more than 10 pages that addresses only the arguments raised in the March 21, 2007, motion and March 28, 2007, errata, if respondent deems such a response necessary. Nos. 45189/47312. (07-07556) | | 07-07556
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| 04/17/2007 | Brief | Filed Supplemental Brief. Respondent's Supplemental Answering Brief. Nos. 45189/47312. | | 07-08616
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| 05/02/2007 | Notice/Incoming | Filed Notice of Change of Address. Michael H. Schwarz. Nos. 45189/47312. | | 07-09788
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| 08/21/2007 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 11, 2007 at 11:30 a.m. (SNP08-JH/RP/MD) (Nos. 45189/47312) | | 07-18509
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| 09/06/2007 | Motion | Filed Motion. Nos. 45126/45189 c/w 47312 (07-19614). | | 07-19614
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| 09/10/2007 | Motion | Filed Response to Motion. Appellant's Opposition to the States' Motion to Reschedule Oral Arguments. Nos. 45189/47312. (07-19932) | | 07-19932
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| 09/12/2007 | Motion | Filed Response to Motion. Appellant Murphy's Opposition to Motion to Reschedule Oral Arguments. Nos. 45126/45189 c/w 47312 (07-20111). | | 07-20111
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| 09/17/2007 | Order/Procedural | Filed Order Denying Motion. We deny the motion to continue the oral argument of this matter. Oral argument in these consolidated matters shall remain scheduled for October 11, 2007 at 11:30 a.m. in Las Vegas. Nos. 45189/47312. (07-20463) | | 07-20463
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| 09/26/2007 | Notice/Outgoing | Issued Oral Argument Reminder Notice. Nos. 45189/47312 | | 07-21204
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| 10/11/2007 | Case Status Update | Submitted for Decision. | | |
| 10/18/2007 | Brief | Filed Supplemental Brief. Appellant's Supplemental Brief Re: Compliance with Court's Instructions at Oral Arguments. Nos. 45189/47312. | | 07-23055
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| 10/22/2007 | Brief | Filed Supplemental Brief. Nunc Pro Tunc to Appellant's Supplemental Brief Re: Compliance with Court's Instructions at Oral Arguments. Nos. 45189/47312. (07-23262) | | 07-23262
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| 02/29/2008 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction and the orders of the district court AFFIRMED." SNP08-JH/RP/MD Nos. 45189/47312. | | 08-05208
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| 03/25/2008 | Remittitur | Issued Remittitur. | | 08-06140
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| 03/25/2008 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 03/28/2008 | Remittitur | Filed Remittitur. Received by County Clerk on March 25, 2008. | | 08-06140
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