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United States Court Cases

Nevada Supreme/Appellate Court Record

SHERIFF VS. BURDG (ALICE) C/W 38264

Case Information: 38105
Short Caption:SHERIFF VS. BURDG (ALICE) C/W 38264Court:Supreme Court
Consolidated:38105*, 38264
Lower Court Case(s):Washoe Co. - Second Judicial District - CR0001877Classification:Criminal Appeal - Other - Pretrial
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/25/2002 at 8:30 AMOral Argument Location:Carson City
Submission Date:06/25/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/29/2001Filing Fee Filing Fee Waived.
06/29/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. 01-11067
07/18/2001Order/ProceduralFiled Order/Transmit Record and Directing Response. This is an appeal from an order of the district court granting a pretrial petition for a writ of habeas corpus. Original record due: 30 days. Upon the filing of the record this appeal shall stand submitted for decision without further briefing or oral argument unless this court otherwise orders. 01-12180
07/24/2001Record on Appeal DocumentsFiled Record on Appeal. 01-12526
07/24/2001Case Status Update Submitted for Decision.
08/22/2001Order/ProceduralFiled Order/Briefing Schedule. After reviewing the record on appeal filed on July 24, 2001, we have determined that briefing will assist the court in the disposition of this appeal. We have also determined that briefing should be expedited. fn1[Because the district court clerk has transmitted, as the record on appeal, the original papers on which the petition was heard and a transcript of the relevant proceedings in the district court, we hereby suspend the requirement in NRAP 9 for counsel to file a certified transcript in this appeal and the requirement in NRAP 30 for counsel to file an appendix. Counsel shall cite to relevant portions of the record on appeal in their briefs.] The appellant shall file and serve the opening brief within 30 days after the date of this order. Respondent shall file and serve the answering brief within30 days after service of the opening brief. The appellant shall file and serve the reply brief, if any, within 20 days after service of the answering brief. No extensions of time will be granted except upon a showing of extreme need or merit. 01-14202
09/24/2001BriefFiled Opening Brief. Mailed on: 09/21/01. 01-16120
09/24/2001AppendixFiled Appendix to Opening Brief. 01-16122
10/05/2001MotionFiled Motion to Consolidate. Nos. 38105/38264. 01-16792
10/23/2001Order/ProceduralFiled Order/Consolidation. Directing Full Briefing and Granting Motion to Consolidate Appeals for Disposition. We grant the State's October 5, 2001 motion and consolidate these appeals for purposes of disposition only. The cases shall be separately briefed. After reviewing the documents submitted in docket No. 38264, we have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 30 days. fn2[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] Answering brief and reply brief shall be filed in compliance with NRAP 31. No extensions of time will be granted except upon a showing of extreme need or merit. Nos. 38105/38264. (01-17863) 01-17863
10/25/2001BriefFiled Answering Brief. Respondents' (Burdg) Answering Brief (38105 only) Mailed on: 10/24/01. Nos. 38105/38264. 01-17977
11/09/2001BriefFiled Reply Brief. (38105 only). Mailed on: 11/08/01. Nos. 38105/38264. 01-18745
11/26/2001BriefFiled Opening Brief. (38264 only) Mailed on: 11/21/01. Nos. 38105/38264 (01-19722).
12/12/2001BriefFiled Answering Brief. Respondent Santillanez's Answering Brief (38264 only). Mailed on: Hand delivered 12/12/01 (Reno/Carson). Nos. 38105/38264 (01-20837).
12/12/2001BriefFiled Answering Brief. Respondent Early's Answering Brief (38264 only). Mailed on: Hand delivered 12/12/01 (Reno/Carson). Nos. 38105/38264 (01-20838).
01/14/2002BriefFiled Reply Brief. Mailed on: 01/11/02. (38264 only). Nos. 38105/38264 (02-00937).
04/23/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 25, 2002, at 8:30 a.m. (En Banc) Nos. 38105/38264
05/08/2002MotionFiled Motion. Attorney Paul Giese has joined the office of the State Public Defender and moves to withdraw as counsel for respondent Early in no. 38264. Nos. 38105/38264 02-08079
05/13/2002Order/ProceduralFiled Order Denying Motion. On May 8, 2002, attorney Paul C. Giese filed a motion to withdraw as counsel for respondent Larry Shawn Early in Docket No. 38264. Mr. Giese states that on November 23, 2001, he accepted employment with the State of Nevada, Office of the Public Defender. On December 12, 2001, Mr. Giese filed an answering brief on behalf of Mr. Early in Docket No. 38264. It appears that pursuant to NRS 7.065(1) Mr. Giese may continue to represent Mr. Early as long as he first receives permission from his supervisor. These consolidated appeals have been scheduled for oral argument before the en banc court on June 25, 2002. Because Mr. Giese has been counsel for Mr. Early throughout the entirety of this appeal, we conclude that permitting Mr. Giese to withdraw as counsel for Mr. Early just before oral argument would not serve the interests of justice. We deny Mr. Giese's motion to withdraw. Nos. 38105/38264. (02-08310) 02-08310
06/12/2002Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 38105/38264
06/24/2002Notice/IncomingFiled Notice of Association of Counsel. Notice of Association of Co-Counsel. James P. Logan hereby gives his notice of his association as co-counsel with Paul C. Giese. Nos. 38105/38264 (counsel in case no. 38264). 02-10918
06/25/2002Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
12/20/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. 118 Nev. Adv. Opn. No. 86. EN BANC. Nos. 38105/38264. 02-21795
01/14/2003RemittiturIssued Remittitur. Returned Record on Appeal this day. 03-00511
01/14/2003Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 17, 2003. 03-00511
02/03/2003MotionFiled Motion. Motion to Recall Remittitur. Nos. 38105/38264. 03-01798
02/14/2003MotionFiled Response to Motion. Opposition to Motion to Recall Remittitur. Nos. 38105/38264. 03-02615
02/24/2003Order/ProceduralFiled Order Denying Motion. On February 3, 2003, appellants in these consolidated appeals filed a motion to recall the remittitur. Respondents in docket No. 38105 oppose the motion. No good cause appearing, we deny the motion. This denial is without prejudice to appellants' right to renew the motion to recall the remittitur in the event they file a petition for a writ of certiorari and the United States Supreme Court grants the petition. Nos. 38105/38264. (03-03022) 03-03022
04/14/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed March 18, 2003 and placed on the docket as Case No. 02-1476. Nos. 38105/38264. 03-06201
06/16/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. Nos. 38105/38264 03-09965