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United States Court Cases

Nevada Supreme/Appellate Court Record

PEREZ-MARQUEZ (OSCAR) VS. STATE

Case Information: 47691
Short Caption:PEREZ-MARQUEZ (OSCAR) VS. STATECourt:Supreme Court
Related Case(s): 42561 , 80820 , 80820-COA
Lower Court Case(s):Nye Co. - Fifth Judicial District - CR4105Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:11/12/2008 at 1:30 PMOral Argument Location:Carson City
Submission Date:11/12/2008How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/18/2006Filing Fee Filing Fee Waived.
07/18/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 06-14917
08/04/2006Docketing StatementFiled Docketing Statement. 06-16190
08/04/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/10/06, 4/11/06, 5/16/06, 5/31/06, 6/1/06, 6/2/06, 6/8/06, 6/9/06, 6/12/06, 6/13/06 and 6/14/06. To Court Reporter: Cecilia Thomas and Sheldon Hensley. 06-16191
08/10/2006TranscriptFiled Transcript. Proceedings: January 10, 2006; April 11, 2006; May 16, 2006. Court Reporter: Cecilia D. Thomas. 06-16672
09/06/2006TranscriptFiled Transcript. Proceedings: 5/31/06, 6/1/06, 6/2/06, 6/8/06, 6/9/06, 6/12/06, 6/13/06 and 6/14/06. Court Reporter: Sheldon Hensley. 06-18393
11/09/2006MotionFiled Motion to Extend Time. 60 days requested. 06-23056
11/22/2006Order/ProceduralFiled Order Granting Motion. Opening brief and appendix due: January 12, 2007. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 06-23975
01/12/2007MotionFiled Motion to Extend Time. Second Request. 07-00973
01/22/2007Order/ProceduralFiled Order Granting Motion. Opening brief and appendix due: February 12, 2007. Any additional extensions will be granted only on showing of extreme and unforeseeable circumstances. 07-01523
02/15/2007MotionFiled Motion for Excess Pages. Motion to Allow Appellant to File an Opening Brief in Excess of 30 Pages. 07-03720
02/15/2007BriefReceived Opening Brief. 07-03721
02/15/2007AppendixReceived Appendix to Opening Brief. Vols. 1 through 8. 07-03722
03/15/2007Order/ProceduralFiled Order Granting Motion. The clerk shall file the opening brief and appendix received on February 15, 2007. Respondent shall have 30 days from the date of this order to file and serve an answering brief of no more than 80 pages. 07-06112
03/15/2007BriefFiled Opening Brief. 07-03721
03/15/2007AppendixFiled Appendix to Opening Brief. Volumes 1 through 8. 07-03722
04/10/2007MotionFiled Motion. to Augment Record. 07-07946
04/16/2007Notice/IncomingFiled Errata. to Motion to Augment Record Pursuant to N.R.A.P. 27 (a). 07-08538
04/18/2007BriefFiled Answering Brief. STRICKEN per order filed 07/17/07. 07-08713
04/18/2007AppendixFiled Appendix to Answering Brief. STRICKEN per order filed 07/17/07. 07-08714
04/20/2007MotionFiled Response to Motion. Opposition to Motion to Agument Record. 07-08912
05/16/2007MotionFiled Motion to Strike. Motion to Strike Answering Brief and Motion for Extension of Time until Respondent files an Appropriate Answering Brief. 07-10854
05/30/2007MotionFiled Response to Motion. Reply to Motion to Strike Answering Brief and Motion for Extension of Time Until Respondent Files an Appropriate Answering Brief. 07-11845
05/30/2007Notice/IncomingFiled Errata. Respondents Answering Brief Pursuant to N.R.A.P. 27 (A). STRICKEN per order filed 07/17/07. 07-11854
07/17/2007Order/ProceduralFiled Order. Order Denying Motion to Augment Record and Striking Answering Brief. We deny respondent's motion to augment the record. We also deny appellant's motion to strike the motion. We grant appellant's motion to strike the answering brief. The clerk shall strike the answering brief and appendix filed on April 18, 2007, and the errata filed on May 30, 2007. Respondent shall have 30 days from the date of this order to file an answering brief that fully complies with the Nevada Rules of Appellate Procedure. Appellant shall have 30 days from the filing of the answering brief to file and serve a reply brief. fn1[Appellant shall file a supplemental appendix within 10 days from the date of this order.] fn2[We direct the clerk to file the reply received on April 30, 2007.] 07-15490
07/17/2007MotionFiled Reply to Response. Reply to Motion to Augment Record. 07-09672
08/01/2007AppendixFiled Appendix. Appellant's Supplemental Appendix. Vols. 1 through 8. 07-16950
08/20/2007BriefFiled Answering Brief. 07-18370
08/20/2007AppendixFiled Appendix to Answering Brief. 07-18372
09/19/2007MotionFiled Motion and Order Extending Time. Brief due: October 17, 2007. 07-20661
10/17/2007BriefFiled Reply Brief. 07-22941
03/26/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on May 29, 2008 at 10:00 a.m. (NNP08-WM/MC/NS) 08-07492
04/03/2008MotionFiled Motion. Request for Postponement of Oral Argument. 08-08438
04/14/2008Order/ProceduralFiled Order. Granting Motion. We hereby vacate the oral argument presently sheduled for May 29, 2008, at 10:00 a.m., and direct the clerk of this court to schedule this appeal for oral argument before the Northern Nevada Panel on the next available calendar. Argument shall be limited to 30 minutes. 08-09162
04/18/2008MotionFiled Response to Motion. Opposition to Motion to Continue Oral Argument. 08-09697
09/26/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on November 12, 2008 at 1:30 p.m. (NNP08G-MG/MC/NS) 08-24906
10/29/2008Notice/OutgoingIssued Oral Argument Reminder Notice. 08-27750
11/12/2008Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP08G-MG/MC/NS
01/27/2009Order/DispositionalFiled Order of Reversal and Remand. "ORDER the judgment of conviction REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." NNP09-MC/NS/MG 09-02305
02/18/2009Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing. 09-04245
02/18/2009AppendixFiled Appendix. Respondent's Appendix - Petition for Rehearing Vols. 1 and 2. 09-04247
02/25/2009Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Respondent's Answer due: 15 days. 09-04927
03/03/2009Order/ProceduralFiled Order. Amended Order Directing Answer to Petition for Rehearing. Appellant's Answer due: 15 days. 09-05349
03/09/2009Order/ProceduralFiled Order. Amended Order Directing Answer to Petition for Rehearing. Answer due from appellant 15 days. 09-05918
03/25/2009MotionFiled Motion to Extend Time. Motion for Extension of Time to File Answer to Petition for Rehearing. 09-07545
03/26/2009Order/ProceduralFiled Order Granting Motion. Answer to petition for rehearing due April 3, 2009. 09-07594
04/03/2009Post-Judgment PetitionFiled Answer to Petition for Rehearing. 09-08410
04/30/2009Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 09-10777
05/11/2009Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Petition En Banc Reconsideration 09-11583
05/13/2009AppendixFiled Appendix. Appendix for Petition for En Banc Reconsideration. Vol. 1. 09-11851
05/13/2009AppendixFiled Appendix. Appendix for Petition for En Banc Reconsideration. Vol. 2. 09-11937
05/21/2009Notice/IncomingFiled Notice. Errata to Petition for En Banc Reconsideration. 09-12689
05/26/2009RemittiturIssued Remittitur. 09-12214
05/26/2009Case Status Update Remittitur Issued/En Banc Reconsideration Pending.
06/03/2009RemittiturFiled Remittitur. Received by County Clerk on May 28, 2009. 09-12214
07/08/2009Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC Parraguirre, J with whom Pickering, J. agrees, dissenting. 09-16789