| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 07/13/2004 | Filing Fee | Filing Fee Waived. | | |
| 07/13/2004 | 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.) | | 04-12769
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| 07/13/2004 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 11/05/03; 01/05/04; 01/08/04; 01/09/04; 01/16/04; 01/20/04; 01/21/04; 03/22/04; 03/24/04; 04/05/04; 04/14/04 and 05/12/04. Court Reporters: Joe D'Amato; Maureen Schorn; Angela Lee; Renee Silvaggio; Mary Beth Cook; and Lisa Makowski. Filed in district court on: July 6, 2004.
07/20/04 ORDER: THIS COURT WILL TAKE NO ACTON ON APPELLANT'S REQUEST FOR ROUGH DRAFT TRANSCRIPTS. | | |
| 07/20/2004 | Transcript | Filed Transcript. Proceedings: 01/05/04 and 01/08/04. Court Reporter: Maureen Schorn. | | 04-13155
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| 07/20/2004 | Order/Procedural | Filed Order. to File Transcript Request Form. Appellant has filed a document entitled 'Request for Rough Draft Transcripts' wherein appellant requests numerous 'rough draft' transcripts from several court reporters. Because this appeal is not subject to NRAP 3C, this court will take no action on appellant's request for rough draft transcripts. Appellant shall have 10 days from the date of this order to file a transcript request form that requests certified copies of transcripts. | | 04-13176
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| 07/26/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 11/05/03, 01/05/04, 01/08/04, 01/09/04, 01/16/04, 01/20/04, 01/21/04, 03/22/04, 03/24/04, 04/05/04, 04/14/04 and 05/12/04. To Court Reporter: J. D'Amato, M. Schorn, A. Lee, R. Silvaggio, M.B. Cook and L. Makowski. | | 04-13545
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| 07/28/2004 | Docketing Statement | Filed Docketing Statement. | | 04-13724
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| 08/09/2004 | Transcript | Filed Transcript. Proceedings: March 24, 2004. Court Reporter: Lisa Makowski. | | 04-14416
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| 08/09/2004 | Transcript | Filed Transcript. Proceedings: January 9, 2004. Court Reporter: Angela K. Lee. | | 04-14417
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| 08/20/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. | | 04-15112
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| 08/23/2004 | Transcript | Filed Transcript. Proceedings: January 16, 2004. Court Reporter: Renee Silvaggio. | | 04-15181
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| 09/14/2004 | Transcript | Filed Transcript. Proceedings: 01/21/04, 04/05/04, and 04/14/04. Court Reporter: Mary Beth Cook. | | 04-16765
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| 09/20/2004 | Order/Procedural | Filed Order. Regarding Transcripts. On July 26, 2004, appellant filed a transcript request form requesting court reporters Mary Beth Cook, Joe D'Amato, Lisa Makowski, Maureen Schorn, and Renee Silvaggio, and court recorder Angela Lee to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] To date, the requested transcripts for proceedings conducted on November 5, 2003, January 20, 2004, March 22, 2004, and May 12, 2004, have not been filed. The court reporters shall have 20 days from the date of this order to prepare and file those requested transcripts. If more time is needed to complete the preparation of the transcripts, the court reporters shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, the court reporters shall notify this court, in writing, of this fact. | | 04-17366
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| 09/29/2004 | Transcript | Filed Transcript. Proceedings: 1/20/04; 3/22/04; 5/12/04. Court Reporters: Mary Beth Cook and Lisa Makowski. | | 04-18026
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| 11/10/2004 | Order/Procedural | Filed Order. Regarding Transcripts. To date, the November 5, 2003, transcript has not been filed. In reviewing the district court minutes and appellant's transcript request form, it appears that Mr. D'Amato was the court reporter at the November 5, 2003, proceedings. Accordingly, Mr. D'Amato shall have 20 days from the date of this order to prepare and file that requested transcript. If more time is needed to complete the preparation of the transcript, Mr. D'Amato shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Mr. D'Amato shall notify this court, in writing, of this fact. We caution Mr. D'Amato that failure to timely comply with this order may result in the imposition of sanctions. Fn1 [A copy of the transcript request form is attached to this order.] | | 04-20689
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| 11/15/2004 | Motion | Filed Stipulation and Order. Brief due: December 10, 2004. | | 04-20841
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| 11/18/2004 | Transcript | Filed Transcript. Proceedings: 11/05/03. Court Reporter: Joseph A. D'Amato. | | 04-21277
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| 11/29/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 01/20/04 (jury voir dire, entire jury selection). To Court Reporter: Mary Beth Cook. | | 04-21761
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| 12/06/2004 | Motion | Filed Motion and Order Extending Time. Brief due: January 10, 2005. | | 04-22196
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| 12/08/2004 | Motion | Filed Motion to Extend Time. | | 04-22403
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| 12/10/2004 | Order/Procedural | Filed Order Granting Motion. filed December 8, 2004. Appellant shall have until January 28, 2005, to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 04-22626
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| 01/31/2005 | Motion | Filed Motion to Extend Time. | | 05-01991
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| 02/07/2005 | Order/Procedural | Filed Order Granting Motion. filed January 31, 2005. Appellant shall have until February 28, 2005, to file and serve the opening brief and appendix. Any additional extensions will be granted only on showing of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 05-02467
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| 02/08/2005 | Transcript | Filed Transcript. Proceedings: 1/20/04. Court Reporter: Mary Beth Cook. | | 05-02550
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| 03/02/2005 | Motion | Filed Motion to Extend Time. | | 05-04124
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| 03/10/2005 | Motion | Filed Motion to Extend Time. | | 05-04844
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| 03/17/2005 | Motion | Filed Motion to Extend Time. | | 05-05253
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| 03/21/2005 | Motion | Filed Motion. Motion Requesting Transmittal of an Exhibit Pursuant to Nrap 30 (d). | | 05-05471
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| 03/21/2005 | Motion | Filed Motion for Excess Pages. Motion for Leave to File a 41-Page (Opening) Brief. | | 05-05472
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| 05/18/2005 | Motion | Filed Stipulation. | | 05-09702
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| 05/25/2005 | Order/Procedural | Filed Order. Filing Briefs and Directing Transmission of Exhibit. The clerk shall file the 41-page opening brief and the appendix received on March 21, 2005, and the answering brief received on April 26, 2005. We approve the parties' stipulation extending the time for filing the reply brief until June 20, 2005. The clerk of the district court shall transmit the surveillance video that is part of the state's exhibit 34 within 20 days of the date of this order, for filing and consideration with the appendix. | | 05-10252
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| 05/25/2005 | Brief | Filed Opening Brief. | | 05-05473
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| 05/25/2005 | Appendix | Filed Appendix to Opening Brief. | | 05-05474
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| 05/25/2005 | Brief | Filed Answering Brief. | | 05-08203
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| 06/22/2005 | Brief | Filed Reply Brief. | | 05-12298
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| 12/19/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on February 8, 2006, at 10:30 a.m. (SNP06-WM/MG/JH) | | |
| 01/23/2006 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 02/08/2006 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH | | |
| 02/13/2006 | Motion | Filed Motion. Motion to Supplement Points and Authorities as to the Impact of Cheung v. Eighth Judicial District Court of Nev., 121 Nev. Adv. Op. 83 (12-15-05) and Atiba Moore v. State, 121 Nev. Adv. Op. No. 4 (01-19-06.) | | 06-03087
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| 02/13/2006 | Brief | Received Supplemental Authorities. Supplement Points and Authorities as to the Impact of Cheung v. Eighth Judicial District Court of Nev., 121 Nev. Adv. Op. 83 (12-15-05) and Atiba Moore v. State, 121 Nev. Adv. Op. No. 4 (01-19-06.) | | 06-03089
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| 02/23/2006 | Order/Procedural | Filed Order Granting Motion. We direct the clerk to file the proposed Supplemental Points and Authorities submitted on February 13, 2006. Respondent shall have 10 days to file and serve a responsive supplemental memorandum, if respondent deems such a response necessary. | | 06-04089
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| 02/23/2006 | Brief | Filed Supplemental Authorities. Supplemental Points and Authorities as to the Impact of Cheung v. Eighth Judicial District Court of Nev., 121 Nev. Adv. Op. 83 (12-15-05) and Atiba Moore v. State, 121 Nev. Adv. Op. No. 4 (01-19-06). | | 06-03089
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| 03/23/2006 | Order/Dispositional | Filed Dispositional Order/Appeal. ". . . we ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP06-WM/MG/JH | | 06-06157
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| 04/07/2006 | Post-Judgment Petition | Filed Petition for Rehearing. | | 06-07359
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| 05/17/2006 | Order/Procedural | Filed Order. Directing Answer to Petition for Rehearing. Due: 15 days. | | 06-10355
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| 06/05/2006 | Motion | Filed Response to Motion. Opposition to Petition for Rehearing. | | 06-11680
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| 07/12/2006 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP06-WM/MG/JH | | 06-14321
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| 07/31/2006 | Motion | Filed Motion to Extend Time. Motion to Enlarge Time To File Petition for En Banc Reconsideration. | | 06-15901
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| 08/03/2006 | Order/Procedural | Filed Order Granting Motion. The clerk shall file the en banc reconsideration petition received on July 31, 2006. | | 06-16080
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| 08/03/2006 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. | | 06-15903
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| 08/08/2006 | Remittitur | Issued Remittitur. | | 06-16223
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| 08/08/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/17/2006 | Remittitur | Filed Remittitur. Received by County Clerk on August 10, 2006. | | 06-16223
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| 08/21/2006 | Order/Procedural | Filed Order. Within the petition for en banc reconsideration, appellant moved to stay issuance of the remittitur pending the filing of a petition for a writ of certiorari with the United States Supreme Court. Before this court addressed the motion to stay, the clerk issued the remittitur. Having considered appellant's request to stay issuance of the remittitur, we deny the motion. We will take no action to change the status of the remittitur. fn1[In the event the United States Supreme Court grants appellant's petition, this court can recall the remittitur at such time.] | | 06-17330
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| 09/25/2006 | Post-Judgment Order | Filed 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 | | 06-19565
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| 01/05/2007 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed on December 20, 2006, and placed on the docket as Case No. 06-8525. | | 07-00425
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| 02/26/2007 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. | | 07-04636
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