| Case Information: 41238 | |||
| Short Caption: | STATE VS. BERTNICK (ARNOLD) | Court: | Supreme Court |
| Related Case(s): | 45355 | ||
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CR020467 | Classification: | Criminal Appeal - Other - Suppression |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 12/09/2003 | How Submitted: | On Briefs |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 04/11/2003 | Filing Fee | Filing Fee Waived. | ||
| 04/11/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal from Grant of Motion to Suppress. Appeal docketed in the Supreme Court this day. | 03-06132 | |
| 04/11/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. | 03-06133 | |
| 04/17/2003 | Order/Procedural | Filed Order. Directing State to File Points and Authorities. This is an appeal from an order of the district court granting respondent's motion to suppress evidence. The State shall have 10 days from the date of this order to file points and authorities setting forth more fully the basis for the district court's order, addressing the propriety of the appeal, and discussing whether there may be a miscarriage of justice if the appeal is not entertained. Respondent shall have 10 days thereafter to file opposing points and authorities. Upon receipt of these authorities, the court will determine whether to entertain the appeal. fn2[The deadlines for the filing of documents pursuant to NRAP 3C are suspended until further order of this court.] | 03-06554 | |
| 04/17/2003 | Transcript | Filed Transcript. Proceedings: 01/13/01 & 01/14/03; 03/13/03; 03/28/03; and 04/07/03. Court Reporter: Joan Marie Dotson. | 03-06566 | |
| 04/18/2003 | Other | Other. Filed Brief in Support of Good Cause for Appeal. | 03-06682 | |
| 05/01/2003 | Other | Other. Filed Brief in Opposition to the State's Appeal from a District Court's Ruling Supressing Mr. Bertnick's Statements. | 03-07391 | |
| 06/27/2003 | Order/Procedural | Filed Order/Briefing Schedule. Directing Full Briefing. This is an appeal from an order of the district court granting a motion to suppress evidence. The State has filed a brief in support of good cause for this appeal to proceed, and respondent has filed a brief in opposition. This court has concluded that this appeal may proceed and that full briefing is warranted on an expedited basis. The State shall have 20 days from the date of this order to file and serve the opening brief and appendix. fn1[Should either counsel cite to portions of transcripts not previously requested or on filed in this court, counsel shall file and serve a transcript request form for the necessary transcripts pursuant to NRAP 9(a).] Respondent shall have 20 days from the date of service of the State's brief to file and serve the answering brief. The reply brief, if any, shall be filed and served within 10 days of the date of service of respondent's answering brief. Upon the completion of briefing, this court shall expedite its consideration of this appeal. | 03-10808 | |
| 07/21/2003 | Brief | Filed Opening Brief. | 03-12298 | |
| 07/21/2003 | Appendix | Filed Appendix to Opening Brief. | 03-12299 | |
| 07/21/2003 | Motion | Filed Motion. Motion for Order for Transmission of Bulky Exhibit. | 03-12311 | |
| 08/08/2003 | Motion | Filed Stipulation and Order. Brief due: August 15, 2003.clerk5 | 03-13317 | |
| 08/14/2003 | Brief | Filed Answering Brief. | 03-13593 | |
| 08/18/2003 | Order/Procedural | Filed Order. Directing Transmission of Two Exhibits. The clerk of the district court shall have 20 days from the date of this order to certify and transmit "Exhibit V," which is the Video tape of Defendant's interview on 02/05/02; and "Exhibit W," which is the Video tape of Defendant's second interview on 02-05/02, admitted on April 7, 2003. | 03-13752 | |
| 08/26/2003 | Brief | Filed Reply Brief. | 03-14368 | |
| 12/09/2003 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. | 03-20459 | |
| 12/09/2003 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP04S-NB/MS/MG | ||
| 02/18/2004 | Order/Dispositional | Filed Order of Affirmance. We conclude that there was substantial evidence to support the district court's decision to suppress Bertnick's statements. "We affirm the order granting the motion to suppress the statements." NNP04S-MS/NB/MG | 04-03075 | |
| 03/08/2004 | Post-Judgment Petition | Filed Petition for Rehearing. | 04-04375 | |
| 05/05/2004 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP04S-MS/NB/MG | 04-08233 | |
| 06/02/2004 | Remittitur | Issued Remittitur. Returned Exhibits: Two videotapes: State's Exhibit V and State's Exhibit W this day. | 04-08310 | |
| 06/02/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 06/16/2004 | Remittitur | Filed Remittitur. Received by County Clerk on June 4, 2004. | 04-08310 | |