judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

MOORE (ATIBA) VS. STATE

Case Information: 43248
Short Caption:MOORE (ATIBA) VS. STATECourt:Supreme Court
Related Case(s): 43002 , 47155 , 48112 , 51590 , 52286 , 53592 , 60251 , 62352 , 62638 , 62976 , 65234 , 77181 , 77181-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C195697Classification:Criminal Appeal - Life - Direct
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:10/17/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/05/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
05/05/2004Filing Fee Filing Fee Waived.
05/05/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 04-08289
05/19/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.) 04-09322
05/19/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 12/9/03, 12/10/03, 12/11/03, 1/29/04, 3/4/04 and 3/19/04. Court Reporter: Kit MacDonald and Stacy L. Briggs. Filed in district court on: May 13, 2004. 04-09323
06/03/2004Docketing StatementFiled Docketing Statement. 04-10204
06/07/2004MotionFiled Motion to Extend Time. 04-10387
06/14/2004TranscriptFiled Transcript. Proceedings: January 29, 2004. Court Reporter: Stacy L. Briggs. 04-10949
06/15/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed June 7, 2004. Court reporter Kit MacDonald shall have until July 6, 2004, to file and serve the requested transcripts. 04-10954
07/08/2004TranscriptFiled Transcript. Proceedings: 12/09/03, 12/10/03, 12/11/03, 03/04/04, and 03/19/04. Court Reporter: Kit MacDonald. 04-12505
09/14/2004MotionFiled Stipulation and Order. Brief due: October 11, 2004. 04-16842
10/12/2004MotionFiled Motion to Extend Time. 04-18856
10/12/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 12/09/03 and 12/10/03. Court Reporter: Kit MacDonald and Stacy L. Briggs. Filed in district court on: 10/05/04. 04-18875
10/27/2004Order/ProceduralFiled Order. Granting Motion in Part and Denying Proper Person Motions. Appellant has moved for a second extension of time to file and serve the opening brief and appendix. In support of the motion, counsel for appellant represents that she is awaiting the transcripts for 'voir dire, jury selection.' Consequently, appellant requests 30 days 'after receipt' of the transcripts to file and serve the opening brief. Attached to the motion is a request for rough draft transcripts that was filed in the district court on October 5, 2004, requesting the transcripts of the December 9, 2003, and December 10, 2003, voir dire and jury selection proceedings. That same transcript request form was filed in this court on October 12, 2004 Cause appearing, we grant the motion in part. Appellant shall have 50 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Appellant has submitted a proper person motion for leave to file the opening brief and a proper person motion for an extension of time to file the opening brief. Because appellant is represented by counsel, we deny his motion for leave to file the opening brief. We further we deny as moot appellant's motion for an extension of time to file the opening brief. Appellant shall proceed hereinafter by and through counsel in the prosecution of this appeal. Fn1 [We note that this appeal is not a fast track appeal. Accordingly, this court requires that certified copies of the requested transcripts be filed with this court.] 04-19867
12/14/2004TranscriptFiled Transcript. Proceedings: 12/09/03 and 12/10/04. Court Reporter: Kit MacDonald. 04-22772
12/20/2004MotionFiled Motion to Extend Time. 04-23133
12/21/2004MotionFiled Motion. Motion Requesting Transmittal of an Exhibit Pursuant to NRAP 30 (d). 04-23238
12/29/2004Order/ProceduralFiled Order. On December 20, 2004, appellant filed a motion requesting a third extension of time to file the opening brief. Cause appearing, we grant the motion. The clerk shall file the opening brief and appendix received on December 21, 2004. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Appellant shall have 30 days from service of the answering brief to file a reply brief, if deemed necessary. Appellant has also filed a motion requesting that we direct the clerk of the district court to transmit an original exhibit to this court. Specifically, the exhibit is 'the Videotape that is part of the State's [trial] Exhibit 5.' It appears that the videotape is relevant to the issues in this appeal, that this court's review of the videotape is necessary to the determination of the issues, and that the exhibit cannot be reproduced in the appendix. Therefore, the motion is granted. The clerk of the district court shall transmit the videotape in the state's trial exhibit 5 within 20 days of the date of this order, for filing and consideration with the appendix. 04-23622
12/29/2004BriefFiled Opening Brief. 04-23239
12/29/2004AppendixFiled Appendix to Opening Brief. 04-23240
01/31/2005MotionFiled Motion to Extend Time. Motion for Clarification of the Classification of the Instant Appeal and Motion to Hold Briefing Schedule in Abeyance. 05-01988
02/07/2005MotionFiled Response to Motion. Response to Motion for Clarification. 05-02488
02/28/2005Order/ProceduralFiled Order. Respondent has filed a motion seeking clarification as to 'whether the instant appeal is a fast track appeal or a regular appeal.' Respondent also moves to hold the briefing schedule in abeyance pending such clarification. Appellant has filed a response to the motion. Our review of the district court minutes indicates that appellant proceeded in proper person during sentencing. Accordingly, this appeal is not subject to the fast track provisions of NRAP 3C. We further note that this appeal proceeded for several months as a regular appeal with no objection or suggestion of confusion by respondent. To the extent such clarification is necessary in light of the foregoing, we grant respondent's motion for clarification. This appeal is not subject to the fast track provisions of NRAP 3C. We also grant respondent's motion to hold the briefing schedule in abeyance to the extent that respondent shall have 30 days from the date of this order to file and serve its answering brief. 05-03838
04/01/2005BriefFiled Answering Brief. 05-06497
04/28/2005BriefFiled Reply Brief. 05-08402
10/17/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 05-20442
10/17/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH
01/19/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded." Before Maupin, Gibbons and Hardesty, JJ. Author: Hardesty, J. We concur: Maupin, J. and Gibbons, J. 122 Nev. Adv. Opn. No. 4. SNP06 06-01270
02/08/2006MotionFiled Motion to Extend Time. 06-02827
02/09/2006Order/ProceduralFiled Order Granting Motion. Appellant shall have until February 16, 2006, to file and serve the petition for rehearing. 06-02907
02/28/2006Order/ProceduralFiled Order. Directing Issuance of Remittitur. To date, appellant has failed to file a petition for rehearing as directed in our order of February 9, 2006, or to otherwise communicate with this court. We direct the clerk of this court to issue the remittitur in this appeal. 06-04534
02/28/2006RemittiturIssued Remittitur. 06-04538
02/28/2006Case Status Update Remittitur Issued/Case Closed.
03/09/2006RemittiturFiled Remittitur. Received by County Clerk on March 2, 2006. 06-04538
10/11/2006Notice/OutgoingIssued Notice. Exhibits: State's #5 – Videotape returned to the Clark County Clerk.
10/20/2006Notice/IncomingFiled Notice. Notice of Return of Exhibits. Received by County Clerk on October 16, 2006.