| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/04/2003 | Filing Fee | Filing Fee Waived. | | |
| 03/04/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 03-03574
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| 03/04/2003 | Transcript | Filed Transcript. Proceedings: September 23, 2002, October 3, 2002, November 7, 2002, November 8, 2002, November 14, 2002 and November 15, 2002. Court Reporter: Tom Mercer. | | 03-03575
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| 03/24/2003 | Docketing Statement | Filed Docketing Statement. | | 03-04947
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| 03/24/2003 | Transcript Request | Filed Certificate of No Transcript Request. | | 03-04948
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| 04/08/2003 | Transcript | Filed Transcript. Proceedings: November 12, 2002 and November 13, 2002. Court Reporter: Tom Mercer. | | 03-05906
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| 06/06/2003 | Motion | Filed Motion and Order Extending Time. Brief due: August 4, 2003. | | 03-09497
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| 07/21/2003 | Motion | Filed Motion for Excess Pages. 60 pages requested. | | 03-12261
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| 07/24/2003 | Order/Procedural | Filed Order Granting Motion. to file a 60-page opening brief. Pursuant to the order of this court entered on June 6, 2003, the opening brief and appendix shall be filed and served by August 4, 2003. | | 03-12501
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| 08/05/2003 | Brief | Filed Opening Brief. | | 03-13115
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| 08/05/2003 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2. | | 03-13117
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| 09/03/2003 | Brief | Filed Answering Brief. | | 03-14796
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| 10/20/2003 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 03/17/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 11, 2004, at 10:30 a.m. (SNP04S-MS/RR/WM) | | |
| 04/26/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 05/11/2004 | Case Status Update | Submitted for Decision. Before the Southern Nevada Panel. SNP04D-RR/WM/MD | | |
| 08/25/2004 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal. "ORDER the judgment of the district court REVERSED." Rose, J. and Douglas, J. Maupin, J., dissenting. SNP04D-RR/WM/MD | | 04-15403
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| 09/14/2004 | Motion | Filed Motion to Extend Time. | | 04-16875
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| 09/16/2004 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed September 14, 2004. Respondent shall have until September 27, 2004, to file and serve the petition for rehearing. | | 04-17061
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| 09/17/2004 | Notice/Incoming | Filed Proof of Service. Order of Reversal filed August 25, 2004. | | 04-17249
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| 09/29/2004 | Post-Judgment Petition | Filed Petition for Rehearing. | | 04-17994
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| 10/07/2004 | Motion | Filed Motion to Strike. Appellant's Evidentiary and Procedural Objections, Request to Strike State Petition for Rehearing, and Request for Sanctions. | | 04-18609
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| 10/08/2004 | Motion | Filed Motion to Strike. Appellant's Amended Evidentiary and Procedural Objections, Request to Strike State Petition for Rehearing, and Request for Sanctions. | | 04-18757
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| 10/14/2004 | Order/Procedural | Filed Order. The respondent has filed a petition for rehearing in this matter. Appellant responded by filing a document titled 'Appellant's Evidentiary and Procedural Objections, Request to Strike State Petition for Re-hearing and Request for Sanctions.' Appellant subsequently filed an 'amended' version of that document. NRAP 40(d) provides that '[n]o answer to a petition for rehearing . . . shall be filed unless requested by the court.' Although the document filed by appellant is titled as a request to strike the petition for rehearing and for sanctions, the substance of the document is an answer to merits of the petition for rehearing. To date, this court has not requested an answer to the petition for rehearing. Accordingly, the clerk shall return unfiled the document titled 'Appellant's Evidentiary and Procedural Objections, Request to Strike State Petition for Re-hearing and Request for Sanctions' and the document titled 'Appellant's Amended Evidentiary and Procedural Objections, Request to Strike State Petition for Re-hearing and Request for Sanctions.' In the event that this court determines that an answer to the petition for rehearing is necessary, appellant may then file a proper answer. | | 04-19062
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| 10/14/2004 | Notice/Outgoing | Issued Letter. to attorney David C. Amesbury. Returned unfiled, the original "Appellant's Evidentiary and Procedural Objections, Request to Strike State Petition for Rehearing, and Request for Sanctions received on October 7, 2004 and Appellant's Amended Evidentiary and Procedural Objections, Request to Strike State Petition for Rehearing, and Request for Sanctions received on October 8, 2004." | | |
| 12/01/2004 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP04D-RR/WM/MD | | 04-21910
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| 12/02/2004 | Motion | Filed Motion. Appellant's Motion for Release Pending Decision on Petition for Rehearing. | | 04-21954
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| 12/10/2004 | Motion | Filed Motion for Permission to File Document. Opposition to Appellant's Motion for Release. | | 04-22624
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| 12/15/2004 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. | | 04-22853
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| 12/27/2004 | Motion | Filed Motion. Appellant's Request for Permission to File Reply Incident to its Motion for Release. | | 04-23471
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| 12/28/2004 | Remittitur | Issued Remittitur.
01/18/05 ORDER: REMITTITUR RECALLED FOR THE LIMITED PURPOSE OF CLARIFYING THAT THIS COURT'S PRIOR ORDER OF REVERSAL DOES NOT PRECLUDE A RETRIAL. FN1-THE CLERK OF THIS COURT SHALL REISSUE THE REMITTITUR IMMEDIATELY UPON THE FILING OF THIS ORDER. | | 04-22286
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| 12/28/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/10/2005 | Motion | Filed Motion. Appellant' Notice of Withdrawal of Appellant's Request for Permission to File Reply Incident to its Motion for Release. | | 05-00537
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| 01/13/2005 | Motion | Filed Motion. Emergency Motion to Recall the Remittitur, for Clarification of Order of Reversal and Stay of District Court Proceedings. | | 05-00840
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| 01/18/2005 | Order/Procedural | Filed Order/Motion Granted in Part. On August 25, 2004, this court entered an Order of Reversal in this appeal. The State has now filed an emergency motion to recall the remittitur, to stay any further proceedings in the district court, and to clarify whether this court's order of August 25, 2004, contains a clerical omission with respect to whether the State may retry appellant. This court's prior decision on appeal does not contain a clerical omission, nor does it preclude the State or the district court from retrying appellant. Nonetheless, because of the apparent confusion below respecting whether this court intended to preclude a retrial, we grant the State's motion in part and recall the remittitur for the limited purpose of clarifying that this court's prior order of reversal does not preclude a retrial. We deny the State's motion for a stay. fn1[The clerk of this court shall reissue the remittitur immediately upon the filing of this order.] | | 05-00996
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| 01/18/2005 | Remittitur | Issued Remittitur. | | 04-22286
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| 01/18/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/19/2005 | Order/Procedural | Filed Order. Denying Motions. On August 25, 2004, this court entered an 'Order of Reversal.' On September 29, 2004, respondent filed a petition for rehearing. On December 1, 2004, this court entered an order denying rehearing. On December 28, 2004, the remittitur issued. On December 2, 2004, appellant filed a motion requesting his release pending this court's decision on the petition for rehearing. Respondent opposes the motion. We note that the district court had jurisdiction during the pendency of this appeal to rule on appellant's motion for release. As we have denied the petition for rehearing and the remittitur has issued, this court's jurisdiction over this case has ended. Appellant must therefore submit any request for bail to the district court. Accordingly, we deny appellant's motion. fn1[We further deny appellant's motion to file a reply to respondent's opposition. See NRAP 27(a).] | | 05-01176
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| 01/19/2005 | Motion | Filed Response to Motion. Appellant's Response to State Emergency Motion to Recall Remittitur. | | 05-01184
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| 01/26/2005 | Order/Procedural | Filed Order Denying Motion. On January 18, 2005, this court entered an order granting in part the State's motion of January 13, 2005, requesting this court to recall the remittitur and clarify this court's decision of August 25, 2004. On January 19, 2005, this court received and filed appellant's opposition to the State's motion of January 13, 2005. Because the opposition to the State's motion was not received in this court until after our order resolving motion was filed, we have elected to treat appellant's opposition as a motion to reconsider our order. No good cause having been shown, we decline to reconsider our order of January 18, 2005. | | 05-01675
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| 01/28/2005 | Remittitur | Filed Remittitur. Received by County Clerk on January 20, 2005. | | 04-22286
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| 02/15/2005 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. fn1[The panel's decision concluded that tape-recorded conversations were improperly admitted on the grounds that Church had "opened the door" and that the conversations were in furtherance of a conspiracy. The panel's decision does not preclude the State from seeking admission of the tape-recorded conversations in subsequent proceedings on other grounds.] NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC | | 05-02997
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