| Case Information: 43981 | |||
| Short Caption: | YBARRA, JR. (ROBERT) VS. WARDEN (DEATH PENALTY) | Court: | Supreme Court |
| Related Case(s): | 52167 | ||
| Lower Court Case(s): | White Pine Co. - Seventh Judicial District - HC0303002 | Classification: | Criminal Appeal - Death Penalty - Post-Conviction |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 09/02/2005 | How Submitted: | On Briefs |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 09/21/2004 | Filing Fee | Filing Fee Waived. | ||
| 09/21/2004 | 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.) | 04-17509 | |
| 10/08/2004 | Docketing Statement | Filed Docketing Statement. | 04-18737 | |
| 11/16/2004 | Order/Procedural | Filed Order. to Comply with NRAP 9(a). To date, appellant has failed to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days form the date of this order to comply with NRAP 9. | 04-21032 | |
| 11/30/2004 | Transcript Request | Filed Certificate of No Transcript Request. | 04-21809 | |
| 02/09/2005 | Order/Procedural | Filed Order. to file Opening Brief. The opening brief and appendix were due to be filed by January 19, 2005. To date, appellant has failed to fie these documents. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. | 05-02603 | |
| 02/23/2005 | Motion | Filed Motion to Extend Time. | 05-03609 | |
| 02/28/2005 | Order/Procedural | Filed Order Granting Motion. This is an appeal from an order of the district court denying appellant's post-conviction petition for a writ of habeas corpus in a capital case. We grant the motion for an extension of time filed on February 23, 2005. Appellant shall have until March 9, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | 05-03836 | |
| 03/11/2005 | Motion | Filed Motion for Excess Pages. Motion to Permit Appellant To File an Opening Brief Longer than Thirty Pages. | 05-04909 | |
| 03/15/2005 | Appendix | Received Appendix to Opening Brief. Vols. 14 through 24. | ||
| 03/24/2005 | Order/Procedural | Filed Order Granting Motion. filed March 3, 2005. The clerk shall file the 67-page opening brief received on March 11, 2005, and the appendices received on March 15, 2005 and March 21, 2005. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | 05-05726 | |
| 03/24/2005 | Brief | Filed Opening Brief. | 05-04911 | |
| 03/24/2005 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 1 through 24. | ||
| 04/22/2005 | Motion | Filed Motion to Extend Time. | 05-07964 | |
| 04/29/2005 | Motion | Filed Response to Motion. Non- Opposition to request for extension of time to file answering brief. | 05-08493 | |
| 05/03/2005 | Order/Procedural | Filed Order Granting Motion. filed April 22, 2005. Respondent shall have until June 24, 2005, to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | 05-08626 | |
| 06/24/2005 | Brief | Filed Answering Brief. | 05-12473 | |
| 06/24/2005 | Motion | Filed Motion to Strike. | 05-12474 | |
| 07/11/2005 | Motion | Filed Response to Motion. | 05-13731 | |
| 07/14/2005 | Order/Procedural | Filed Order Denying Motion. The State has moved to strike extensive portions of the appendix filed by appellant. Ybarra filed an untimely opposition to the motion. We deny the State's motion to strike. | 05-14038 | |
| 07/27/2005 | Motion | Filed Motion to Extend Time. | 05-14917 | |
| 08/02/2005 | Order/Procedural | Filed Order Granting Motion. filed July 27, 2005. Appellant shall have until August 24, 2005, to file and serve the reply brief. | 05-15309 | |
| 08/24/2005 | Motion | Filed Motion to Extend Time. Request for Extension of Time Within Which to File Appellant's Reply to Respondent's Answer in Brief. | 05-16729 | |
| 08/31/2005 | Notice/Incoming | Filed Notice of Change of Address. Federal Public Defender. | 05-17237 | |
| 09/02/2005 | Order/Procedural | Filed Order Granting Motion. filed August 24, 2005. Appellant shall have 5 days from the date of this order to file and serve the reply brief. | 05-17391 | |
| 09/02/2005 | Brief | Filed Reply Brief. | 05-17424 | |
| 09/02/2005 | Case Status Update | Submitted for Decision. | ||
| 11/28/2005 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part, and Remanding. "ORDER the judgment of the district court AFFIRMED IN ART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP06-WM/MG/JH | 05-23232 | |
| 12/08/2005 | Other | Returned Mail. Order filed 11/28/05 addressed to Attorney General/Reno remailed to corrected address. | ||
| 12/19/2005 | Post-Judgment Petition | Filed Petition for Rehearing. | 05-24570 | |
| 02/02/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. "We deny the petition for rehearing." NRAP 40(c). SNP06-WM/MG/JH | 06-02401 | |
| 02/28/2006 | Remittitur | Filed Remittitur. | 06-03403 | |
| 02/28/2006 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 03/30/2006 | Remittitur | Filed Remittitur. Received by County Clerk on March 22, 2006. | 06-03403 | |