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United States Court Cases

Nevada Supreme/Appellate Court Record

MOXLEY (JOHN) VS. STATE

Case Information: 47497
Short Caption:MOXLEY (JOHN) VS. STATECourt:Supreme Court
Related Case(s): 31596 , 38490 , 39040 , 42447 , 43830 , 45506 , 46132 , 47295 , 48990 , 49078 , 68118
Lower Court Case(s):Clark Co. - Eighth Judicial District - C141521Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:06/08/2009 at 10:00 AMOral Argument Location:Regional Justice Center
Submission Date:06/08/2009How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/14/2006Filing Fee Filing Fee Waived.
06/14/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 06-12472
06/21/2006Notice/OutgoingIssued Notice of Procedural Deficiency. Judgment. Due Date: 10 days.
06/29/2006Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy Judgment of Conviction filed in district court on June 19, 2006. 06-13444
07/11/2006Notice/OutgoingIssued Notice to File Docketing Statement and Request Transcripts.
07/25/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: April 10, 2006 - April 17, 2006. To Court Reporter: Department 5. 06-15445
07/25/2006Docketing StatementFiled Docketing Statement. 06-15447
09/21/2006TranscriptFiled Transcript. Proceedings: 5/31/05. Court Reporter: Rachelle Hamilton. 06-19473
10/25/2006Notice/OutgoingIssued Notice to File Opening Brief and Appendix.
11/13/2006MotionFiled Motion to Extend Time. 06-23146
11/13/2006Notice/OutgoingIssued Notice to Provide Proof of Service. Motion to Ext. OB. Due date: 10 days.
12/13/2006Order/ProceduralFiled Order. court reporter Carlaya Lewis shall have 20 days from the date of this order to prepare and file the transcripts [of April 10-14 and 17, 2006]. If more time is needed to complete the preparation of the transcripts, Ms. Lewis shall within the same time period, file a motion requesting an extension of time and stating the reason for the extension. Appellant shall have 50 days from the date of this order to file and serve the opening brief and appendix. Briefing thereafter shall proceed in accordance with NRAP 31(a)(1). fn3-[A further review of the record before this court indicates that the copy of the motion provided with the original includes a signed proof of service. Accordingly, the notice issued on November 13, 2006, is vacated.] 06-25424
12/26/2006MotionFiled Motion to Extend Time. 06-26405
01/09/2007Order/ProceduralFiled Order Granting Motion. Transcripts for proceedings conducted on April 10-14 and 17, 2006 due: February 1, 2007. 07-00647
01/11/2007Notice/IncomingFiled Notice of Change of Address. Gregory L. Denue. 07-00831
02/08/2007TranscriptFiled Transcript. Proceedings: 4/10/06, 4/11/06, 4/12/06, 4/13/06, 4/14/06, and 4/17/06. Court Reporter: Rachelle Hamilton. 07-03265
03/07/2007MotionReceived Proper Person Motion. Motion to Dismiss Appointed Counsel Gregory L. Denue. FILED PER ORDER OF 5/17/07. 07-05436
03/19/2007Order/ProceduralFiled Order. to file Opening Brief and Appendix. Opening brief and appendix due: 10 days. Failure to comply with our order may result in the imposition of sanctions, including monetary sanctions and referral to the State Bar of Nevada for investigation. 07-06289
03/22/2007MotionFiled Motion. for Clarification. 07-06531
03/26/2007MotionReceived Proper Person Motion. Expedited Motion to Hold in Abeyance Direct Appeal to Present Actual Ineffective Assistance of Counsel on Direct Appeal. FILED PER ORDER OF 5/17/07. 07-06747
04/27/2007MotionFiled Motion. Motion to Withdraw as Appellate Attorney. 07-09451
05/18/2007Order/ProceduralFiled Order. Granting Motion to Withdraw as Counsel and Regarding Proper Person Documents. We grant appellant's requests to remove Mr. Denue as counsel and Mr. Denue's motion to withdraw. We remand this appeal for the limited purpose of securing counsel for appellant. District Court Order due: 35 days. Briefing is suspended pending further notification from this court. Fn1[ We direct the clerk of this court to file the proper person motions received on March 7, 2007, March 26, 2007, April 2, 2007, and April 20, 2007. However, we decline to grant appellant permission to file further documents in proper person.] Fn2 [We deny the 3/22/07 motion as moot.] 07-11009
05/18/2007MotionFiled Proper Person Motion. to Dismiss Appointed Counsel Gregory L. Denue. 07-05436
05/18/2007MotionFiled Proper Person Motion. Expedited Motion to Hold in Abeyance Direct Appeal to Present Actual Ineffective Assistance of Counsel on Direct Appeal. 07-06747
05/18/2007MotionFiled Proper Person Motion. Motion for Leave to file and Appear in Proper Persona. 07-06750
05/18/2007Other Incoming DocumentFiled Proper Person Document. Appellant's Request for the Court to take Judicial Notice of Following Facts Concerning Attorney Gregory L. Denue's Ineffectiveness and Conflict. 07-07339
05/18/2007Other Incoming DocumentFiled Proper Person Document. Appellant's Request for the Court to take Judicial Notice of Relevant Facts just learned by Appellant that effect Effectiveness of Appellant Counsel Denue. 07-08890
06/07/2007MotionReceived Proper Person Motion. Request for Expedited Clarification of thei Court's Order of May 18, 2007. FILED PER 6/27/07 ORDER. 07-12435
06/27/2007Order/ProceduralFiled Order Denying Motion. of June 7, 2007. Fn1 [The order of May 18, 2007, was inadvertently not copied to the Honorable Jackie Glass, the district judge who presided over appellant's trial. Accordingly, a copy of the May 18, 2007, order is attached to this order.] Fn2 [We direct the clerk to file the June 7, 2007 motion] 07-14024
06/27/2007MotionFiled Proper Person Motion. Request for Expedited Clarification of thei Court's Order of May 18, 2007. 07-12435
08/01/2007Notice/IncomingReceived Proper Person Notice. (Expedited) Notice to the Court Concerning Appointment of Counsel (to Chief Justice.) RETURNED, UNFILED PER ORDER OF 8/29/07. 07-16921
08/20/2007Notice/IncomingFiled Notice of Appearance. Representing appellant: Christopher R. Oram, Esq. 07-18307
08/29/2007Order/ProceduralFiled Order. Opening Brief due: 120 days. We direct the clerk of this court to return, unfiled, the proper person documents received on 8/1/07. The clerk shall return, unfiled, any future proper person document submitted by appellant for filing. 07-19088
08/29/2007Other Returned Unfiled Document. (Expedited) Notice to the Court Concerning Appointment of Counsel (to Chief Justice.) 07-16921
12/21/2007MotionFiled Motion and Order Extending Time. Brief due: January 28, 2008. 07-27718
01/29/2008MotionFiled Motion to Extend Time. 08-02253
02/12/2008Order/ProceduralFiled Order Extending Time. Opening Brief due: February 27, 2008. 08-03499
02/28/2008MotionFiled Motion to Extend Time. 08-04913
03/12/2008Order/ProceduralFiled Order. Granting Motion. Opening Brief and Appendix due: April 14, 2008. Transcript Request Form due: 7 days. 08-06130
03/25/2008MotionFiled Motion to Extend Time. Motion for Extension of Time to File Request for Transcripts. 08-07294
03/31/2008Order/Clerk'sFiled Clerk's Order. Granting Motion and Filing Documents. The clerk shall file the transcript request forms received on March 25, 2008. 08-07866
03/31/2008Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: 4/17/06. Court Reporter: Kimberly C. Mccright-Young. 08-07298
03/31/2008Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: 4/18/06 and 4/19/06. Court Reporter: Carlaya Lewis. 08-07301
04/15/2008MotionFiled Motion to Extend Time. Motion for Extension of Time to File Opening Brief. 08-09349
04/25/2008Order/ProceduralFiled Order. Granting Motion. Opening Brief and Appendix due: May 29, 2008. 08-10360
04/25/2008TranscriptFiled Notice from Court Reporter. Rachelle Hamilton stating that the requested transcripts were delivered. Dates of transcripts: 4/10/06, 4/17/06, 4/18/06, and 4/19/06. 08-10415
04/25/2008TranscriptFiled Transcript. Proceedings: 4/10/06, 4/17/06, 4/18/06, and 4/19/06. Court Reporter: Rachelle Hamilton. 08-10417
05/30/2008MotionFiled Motion to Extend Time. 08-13638
06/04/2008Order/ProceduralFiled Order. Granting Motion. Opening Brief and Appendix due: June 12, 2008. 08-14131
06/13/2008MotionFiled Motion to Extend Time. Sixth request. 08-15077
06/16/2008MotionFiled Motion for Excess Pages. Appellant's Motion to Enlarge Page Limitation on Appellant's Opening Brief. 08-15215
06/18/2008Order/ProceduralFiled Order. appellant's motion for a sixth extension of time to file the opening brief is granted. The opening brief consists of 30 pages, excluding the tables of contents and authorities. Accordingly, appellant's motion to file a 37-page opening brief is denied as moot. The clerk of this court shall file the opening brief and appendix received on June 16, 2008. Respondent shall have 30 days from the date of this order to file and serve the answering brief. 08-15564
06/18/2008BriefFiled Opening Brief. 08-15222
06/18/2008AppendixFiled Appendix to Opening Brief. Vols. 1 through 5. 08-15225
07/21/2008MotionFiled Motion to Extend Time. 08-18762
07/24/2008Order/Clerk'sFiled Clerk's Order. Granting Motion. Answering Brief due: August 18, 2008. 08-19080
08/20/2008MotionFiled Motion to Extend Time. 08-21467
09/10/2008Order/ProceduralFiled Order. Granting Motion. Answering Brief due: September 17, 2008. 08-23326
09/19/2008MotionFiled Motion to Extend Time. (30 days). (Third Request). 08-24335
09/26/2008Order/ProceduralFiled Order. Granting Motion. Answering brief due 10/17/08. 08-24893
10/21/2008MotionFiled Motion to Extend Time. 08-27054
10/30/2008Order/ProceduralFiled Order. Respondent shall have until November 3, 2008, to file and serve the answering brief. 08-27919
11/05/2008MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. Answering Brief. 08-28248
11/05/2008BriefFiled Answering Brief. 08-28249
12/17/2008MotionFiled Motion to Extend Time. 08-31958
12/19/2008Order/ProceduralFiled Order. Granting Motion. Reply Brief due: January 7, 2009. 08-32305
01/08/2009BriefFiled Reply Brief. 09-00533
04/06/2009Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 8, 2009 at 10:00 a.m. (SNP09-RP/MD/KP) 09-08615
05/26/2009Notice/OutgoingIssued Oral Argument Reminder Notice. 09-13028
06/08/2009Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP09-RP/MD/KP
09/28/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." SNP09-RP/MD/KP. 09-23569
10/23/2009RemittiturIssued Remittitur. 09-25933
10/23/2009Case Status Update Remittitur Issued/Case Closed.
11/04/2009RemittiturFiled Remittitur. Received by County Clerk on October 27, 2009. 09-25933