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United States Court Cases

Nevada Supreme/Appellate Court Record


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 - HC0303002Classification: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:09/02/2005How Submitted:On Briefs

+ Party Information

Docket Entries
09/21/2004Filing Fee Filing Fee Waived.
09/21/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-17509
10/08/2004Docketing StatementFiled Docketing Statement. 04-18737
11/16/2004Order/ProceduralFiled 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
11/30/2004Transcript RequestFiled Certificate of No Transcript Request. 04-21809
02/09/2005Order/ProceduralFiled 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
02/23/2005MotionFiled Motion to Extend Time. 05-03609
02/28/2005Order/ProceduralFiled 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
03/11/2005MotionFiled Motion for Excess Pages. Motion to Permit Appellant To File an Opening Brief Longer than Thirty Pages. 05-04909
03/15/2005AppendixReceived Appendix to Opening Brief. Vols. 14 through 24.
03/24/2005Order/ProceduralFiled 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
03/24/2005BriefFiled Opening Brief. 05-04911
03/24/2005AppendixFiled Appendix to Opening Brief. Volumes 1 through 1 through 24.
04/22/2005MotionFiled Motion to Extend Time. 05-07964
04/29/2005MotionFiled Response to Motion. Non- Opposition to request for extension of time to file answering brief. 05-08493
05/03/2005Order/ProceduralFiled 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
06/24/2005BriefFiled Answering Brief. 05-12473
06/24/2005MotionFiled Motion to Strike. 05-12474
07/11/2005MotionFiled Response to Motion. 05-13731
07/14/2005Order/ProceduralFiled 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
07/27/2005MotionFiled Motion to Extend Time. 05-14917
08/02/2005Order/ProceduralFiled Order Granting Motion. filed July 27, 2005. Appellant shall have until August 24, 2005, to file and serve the reply brief. 05-15309
08/24/2005MotionFiled Motion to Extend Time. Request for Extension of Time Within Which to File Appellant's Reply to Respondent's Answer in Brief. 05-16729
08/31/2005Notice/IncomingFiled Notice of Change of Address. Federal Public Defender. 05-17237
09/02/2005Order/ProceduralFiled 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
09/02/2005BriefFiled Reply Brief. 05-17424
09/02/2005Case Status Update Submitted for Decision.
11/28/2005Order/DispositionalFiled 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
12/08/2005Other Returned Mail. Order filed 11/28/05 addressed to Attorney General/Reno remailed to corrected address.
12/19/2005Post-Judgment PetitionFiled Petition for Rehearing. 05-24570
02/02/2006Post-Judgment OrderFiled Order/Rehearing Denied. "We deny the petition for rehearing." NRAP 40(c). SNP06-WM/MG/JH 06-02401
02/28/2006RemittiturFiled Remittitur. 06-03403
02/28/2006Case Status Update Remittitur Issued/Case Closed.
03/30/2006RemittiturFiled Remittitur. Received by County Clerk on March 22, 2006. 06-03403