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United States Court Cases

Nevada Supreme/Appellate Court Record

KACZMAREK (STEVEN) VS. STATE (DEATH PENALTY)

Case Information: 41556
Short Caption:KACZMAREK (STEVEN) VS. STATE (DEATH PENALTY)Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C188781Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/09/2004 at 9:30 AMOral Argument Location:Carson City
Submission Date:02/09/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/11/2003Filing Fee Filing Fee Waived.
06/11/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 03-09752
06/16/2003Notice/OutgoingIssued Notice of Redesignation of Appeal. Upon further review, it has been determined that this is a death penalty appeal. (No docketing statement is required)
06/16/2003Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 through 7. 03-10024
06/19/2003Docketing StatementFiled Docketing Statement. 03-10262
08/18/2003BriefFiled Opening Brief. 03-13748
09/16/2003BriefFiled Answering Brief. 03-15488
11/18/2003Order/ProceduralFiled Order. This is a direct appeal from a judgment of conviction and a sentence of death. To date, appellant has not submitted a reply brief. Appellant shall have 15 days from the date of this order to either file and serve a reply brief, or to advise this court that he elects to not submit the brief. fn1[Notably, pursuant to NRAP 34(c ), if appellant elects not to submit a reply brief and oral argument is thereafter scheduled in this matter, a concluding or rebuttal argument by appellant "will not be allowed except by permission of the court or at the request of a justice."] 03-19194
12/15/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 9, 2004, at 9:30 a.m. (En Banc)
12/15/2003Order/ProceduralFiled Order. Directing District Court Clerk to Supplement the Record on Appeal. This is a direct appeal in a death penalty case. The clerk of the district court shall have 15 days from the date of this order to transmit to the clerk of this court a supplemental record on appeal. The supplemental record must include certified copies of the following: (1) all documentary evidence or exhibits admitted during the guilt or penalty phases of appellant's trial or otherwise filed in the district court, (2) transcripts of the February 24, and 27, 2003 hearings on appellant's motion to suppress statements, and (3) a transcript of the spoken language from the videotapes of appellant's confession that were played for the jury during appellant's trial. Additionally, the district court clerk shall transmit copies of the videotapes that were played for the jury and admitted as Exhibits 70 and 71 at appellant's trial. 03-20800
01/02/2004Letter/IncomingFiled Letter. from Clark County District Court Clerk in response to this court's order of December 15, 2003 and requesting an extension of time to transmit the transcripts. 04-00102
01/02/2004Other Other. Filed various documents from the district court clerk in response of this court's order of December 15, 2003. 04-00101
01/07/2004Order/ProceduralFiled Order. Order to Supplement Record on Appeal. Because the documents sent by the clerk did not include the documentary evidence and exhibits from the guilt phase, the district court clerk shall have 5 days from the date of this order to certify and transmit the documentary evidence and exhibits from the guilt phase of appellant's trial. Additionally, because it appears that certified copies of exhibits 70 and 71 cannot be transmitted to this court, the district court clerk shall, within 5 days from the date of this order, certify and transmit the originals of exhibits 70 and 71. Although the district court clerk states that the transcripts for exhibits 70 and 71 are included in volume 7 of the record on appeal, we are unable to locate these transcripts in the record on appeal filed with this court. Accordingly, the district court clerk shall have 5 days from the date of this order to resubmit certified copies of the transcripts for exhibits 70 and 71. Finally, because it appears that additional time is necessary to complete and transmit the transcripts for the February 24, and 27, 2003, hearings, we grant the clerk's request for an extension of time. The district court clerk shall have 20 days from the date of this order to certify and transmit certified copies of the transcripts for the February 24, and 27, 2003, hearings. 04-00299
01/09/2004TranscriptFiled Transcript. Proceedings: 3/12/03; 3/13/03; 3/14/03; 3/17/03; 3/18/03; 3/19/03; and 3/20/03. Court Reporter: Peggy Isom. 04-00582
01/12/2004ExhibitFiled Exhibits (copies). Filed two exhibits (nos. 69 and 72) received via fax from Clark County Clerk. (Originals to follow.) 04-00643
01/26/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
01/28/2004TranscriptFiled Transcript. Proceedings: February 24, 2003 and February 27, 2003. Court Reporter: Peggy Isom. 04-01856
02/09/2004Case Status Update Submitted for Decision. EN BANC.
06/07/2004Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. fn1[The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] Author: Per Curiam. Shearing, C.J., Agosti, Rose, Becker, Maupin, and Gibbons, JJ. 120 Nev. Adv. Opn. No. 37. EN BANC. 04-10353
07/02/2004RemittiturIssued Remittitur. Exhibits: 69 and 72 returned this day. 04-10642
07/02/2004Case Status Update Remittitur Issued/Case Closed.
07/07/2004RemittiturIssued Return Letter. Returned Exhibits 70 and 71--ORIGINAL cassette tapes; Exhibit 82--State of Ohio Adult Parole report; Exhibit 83--large sheet with writing; and exhibit list this day. 04-10642
08/03/2004RemittiturFiled Letter: Entered Receipt for Documents. Received by County Clerk on July 13, 2004. 04-10642
08/03/2004RemittiturFiled Remittitur. Received by County Clerk on July 9, 2004. 04-10642