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United States Court Cases

Nevada Supreme/Appellate Court Record

DALE (TIMOTHY) VS. STATE

Case Information: 43640
Short Caption:DALE (TIMOTHY) VS. STATECourt:Supreme Court
Lower Court Case(s):Pershing Co. - Eleventh Judicial District - CR039539Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:03/14/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/21/2004Filing Fee Filing Fee Waived.
07/21/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-13253
07/29/2004Notice of Appeal DocumentsFiled Case Appeal Statement. (Amended) Certified copy filed in district court on July 27, 2004. 04-13840
08/05/2004Docketing StatementFiled Docketing Statement. 04-14214
09/20/2004Order/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 from the date of this order to comply with NRAP 9. 04-17332
09/22/2004Transcript RequestFiled Certificate of No Transcript Request. 04-17572
11/18/2004MotionFiled Motion and Order Extending Time. Brief due: December 20, 2004. 04-21290
12/20/2004MotionFiled Motion to Extend Time. (Second Request). 04-23150
12/29/2004Order/ProceduralFiled Order Granting Motion. On December 20, 2004, appellant filed a motion requesting a second extension of time to file the opening brief and appendix. Cause appearing, we grant the motion. Appellant shall have until January 19, 2005, to file and serve the opening brief and appendix. We note that the court disapproves of repeated requests for extensions of time to brief appeals in criminal cases. Consequently, 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. 04-23621
01/19/2005MotionFiled Motion to Extend Time. (Third Request). 05-01233
02/07/2005Order/ProceduralFiled Order Granting Motion. filed January 19, 2005. Appellant shall have until February 18, 2005, to file and serve the opening brief and appendix. 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. 05-02458
02/22/2005MotionFiled Motion to Extend Time. 05-03554
03/02/2005Order/ProceduralFiled Order. Filing Opening Brief and Appendix. The clerk shall file the opening brief and appendix received on February 22, 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). 05-04037
03/02/2005BriefFiled Opening Brief. 05-03555
03/02/2005AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. 05-03556
03/04/2005MotionFiled Motion. Motion for Limited Remand and for Stay of Briefing Schedule. 05-04304
03/25/2005MotionFiled Motion to Extend Time. 05-05838
03/30/2005Order/ProceduralFiled Order Granting Motion. for Limited Remand. The State has moved this court for an order remanding this appeal to the district court. The State's motion in this court is not opposed. We grant the State's motion. We remand this appeal to the district court for the limited purpose of conducting a hearing to determine an appropriate amount of restitution and to amend the judgment of conviction to include restitution. The district court shall have 60 days from the date of this order within which to enter an amended judgment of conviction. The clerk of the district court shall have 5 days from the date of entry of the amended judgment within which to transmit a certified copy of that document to the clerk of this court. We suspend the briefing schedule in this court until further order of this court. fn1[In light of this order, we deny as moot the State's motion for an enlargement of time to file the answering brief.] 05-06202
06/14/2005Order/IncomingFiled District Court Order. Certified copy of Restitiution Order filed in district court on May 11, 2005 - filed via fax. 05-11694
06/16/2005Order/IncomingFiled District Court Order. Certified copy of Restitiution Order filed in district court on May 11, 2005. 05-11872
06/29/2005Order/ProceduralFiled Order/Briefing Reinstated. On June 14, 2005, the clerk of the district court forwarded to this court a written order entered by the district court on May 11, 2005. We reinstate the briefing schedule. Appellant shall have 20 days from the date of this order to file and serve a supplemental opening brief and appendix. The State shall have 20 days from the date of service of any supplemental opening brief to file and serve its answering brief. Appellant's reply brief, if any, shall be filed and served within 20 days of service of the answering brief. 05-12887
06/29/2005Letter/IncomingFiled Letter. from Pershing County District Attorney regarding the briefing schedule in this matter. 05-12914
07/15/2005Notice/IncomingFiled Notice. Appellant will not be filing a suppplemental opening brief or appendix. 05-14156
07/18/2005Letter/IncomingFiled Letter. from Pershing County Distict Attorney about the briefing schedule in this case. 05-14276
08/01/2005Order/ProceduralFiled Order/Briefing Schedule. Because appellant will not be filing a supplemental opening brief, respondent shall have 10 days from the date of this order to file and serve an answering brief to the opening brief that was filed on March 2, 2005. If deemed necessary, appellant may file and serve a reply brief within 20 days of service of the answering brief. 05-15172
08/15/2005MotionFiled Motion to Extend Time. 05-16129
09/01/2005Order/ProceduralFiled Order Granting Motion. filed August 15, 2005. Respondent shall have until September 12, 2005, to file and serve the answering brief. 05-17357
09/12/2005BriefFiled Answering Brief. 05-18017
09/12/2005AppendixFiled Appendix to Answering Brief. 05-18019
09/30/2005BriefFiled Reply Brief. 05-19526
03/14/2006Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 06-05431
03/14/2006Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06-MD/NB/RP
04/18/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06-MD/NB/RP 06-08152
05/16/2006RemittiturIssued Remittitur. 06-08280
05/16/2006Case Status Update Remittitur Issued/Case Closed.
06/05/2006RemittiturFiled Remittitur. Received by County Clerk on May 17, 2006. 06-08280