Docket Entries |
Date | Type | Description | Pending? | Document |
06/24/2004 | Filing Fee | Filing Fee Waived. | | |
06/24/2004 | 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.) | | 04-11578 |
06/24/2004 | Other | Disqualification of Justice Maupin. | | |
06/24/2004 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | | |
06/29/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for appellant/cross-respondent.) | | 04-11855 |
07/06/2004 | Notice/Incoming | Filed Notice. David M. Schieck, attorney for appellant, is now the Clark County Special Defender and has been granted approval to retain his appointment as attorney of record in this matter. | | 04-12291 |
07/06/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Respondent/Cross-Appellant. Transcripts requested: 04/02/04. To Court Reporter: Janice Liston. | | 04-12354 |
07/07/2004 | Docketing Statement | Filed Docketing Statement. Respondent/Cross-Appellant. | | 04-12420 |
07/15/2004 | Order/Procedural | Filed Order/Briefing Schedule. This is an appeal and cross-appeal from and order of the district court that granted, in part, appellant/cross-respondent's (appellant') post-conviction petition for a writ of habeas corpus in a capital case. On July 6, 2004, respondent/cross-appellant (respondent') filed a docketing statement and a transcript request form. Appellant shall have 15 days from the date of this order to file and serve his docketing statement, see NRAP 14(b), and to request transcripts in compliance with NRAP 9(a). Briefing for this appeal and cross-appeal shall proceed as follows in accordance with NRAP 28 through 32, inclusive: (1) appellant shall file and serve his opening brief and appendix within 120 days from the date of this order, (2) respondent shall file and serve its combined answering brief on appeal and opening brief on cross-appeal and appendix within 30 days from service of appellant's opening brief, (3) appellant shall file and serve a combined reply brief on appeal and answering brief on cross-appeal within 30 days from service of respondent's combined brief, and (4) if deemed necessary, respondent shall file and serve a reply brief on cross-appeal within 30 days from service of appellant's combined brief. | | 04-12917 |
07/19/2004 | Docketing Statement | Filed Docketing Statement. Appellant/Cross-Respondent. | | 04-13076 |
07/19/2004 | Transcript Request | Filed Certificate of No Transcript Request. Appellant/Cross-Respondent. | | 04-13077 |
07/23/2004 | Notice/Incoming | Filed Proof of Service. of Docketing Statement. | | 04-13422 |
07/26/2004 | Transcript | Filed Transcript. Proceedings: Friday, April 2, 2004; 9:00 A.M. Court Recorder: Richard Kangas. | | 04-13568 |
11/10/2004 | Motion | Filed Motion to Extend Time. (60 days). | | 04-20747 |
12/03/2004 | Order/Procedural | Filed Order Granting Motion. filed November 10, 2004. Appellant/cross-respondent shall have until January 11, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). See SCR 250(7)(c). | | 04-22075 |
01/12/2005 | Motion | Filed Motion for Excess Pages. Motion to Allow Appellant to File and Opening Brief in Excess of 30 Pages. | | 05-00710 |
01/26/2005 | Order/Procedural | Filed Order Granting Motion. filed January 12, 2005. The clerk shall file the 54-page opening brief and the appendix received on January 12, 2005. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 05-01664 |
01/26/2005 | Brief | Filed Opening Brief. | | 05-00711 |
01/26/2005 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 11. | | 05-00712 |
02/10/2005 | Motion | Filed Motion to Strike. Motion to Strike Portions of Appellant's Opening Brief and Hold Briefing Schedule in Abeyance. | | 05-02736 |
02/14/2005 | Motion | Filed Response to Motion. Opposition to Motion to Strike Portions of Appellant's Opening Brief and Hold Briefing Schedule in Abeyance. | | 05-02937 |
03/01/2005 | Order/Procedural | Filed Order Denying Motion. filed February 10, 2005. The State has moved to strike appellant's opening brief, and appellant has opposed the motion. The State contends that the opening brief violates NRS 177.015 by raising claims regarding the penalty hearing. This appeal and cross-appeal are not subject to NRS 177.015, which governs appeals from criminal actions not habeas proceedings. Nor are we persuaded by the State's other arguments that it is necessary to strike the opening brief. We therefore deny the State's motion to strike. The State in its own brief to this court may challenge the cognizability of any issues which it believes are improperly raised in the opening brief. We also deny the State's motion to hold the briefing schedule in abeyance. The State shall have 30 days from the date of this order to file a combined answering brief on appeal and opening brief on cross-appeal and an appendix. Further briefing will then proceed in accordance with SCR 250(7)(c) and NRAP 31(a)(1). | | 05-03952 |
03/31/2005 | Motion | Filed Motion to Extend Time. | | 05-06351 |
04/01/2005 | Notice/Incoming | Filed Notice of Change of Address. Special Public Defender David M. Schieck. | | 05-06444 |
04/07/2005 | Order/Procedural | Filed Order Granting Motion. filed March 31, 2005. Respondent/cross-appellant shall have until May 31, 2005, to file and serve the combined brief. 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. | | 05-06828 |
06/02/2005 | Motion | Filed Motion and Order/Excess Pages. Granted: 34 pages. | | 05-10883 |
06/02/2005 | Brief | Filed Answering Brief. Respondent/Cross-Appellant. | | 05-10884 |
07/07/2005 | Brief | Filed Reply Brief. Reply Brief on Appeal and Answering Brief on Cross-Appeal. | | 05-13489 |
07/13/2005 | Notice/Incoming | Filed Proof of Service. Certificate of Mailing for Appellant's Reply Brief on Appeal and Answering Brief on Cross-Appeal. | | 05-13944 |
08/09/2005 | Brief | Filed Reply Brief on Cross-Appeal. | | 05-15755 |
08/09/2005 | Case Status Update | Submitted for Decision. | | |
12/22/2005 | Order/Procedural | Filed Order Scheduling Oral Argument. Oral argument is hereby scheduled before the En Banc Court on February 23, 2006, at the hour of 11:30 a.m., in Carson City. The argument shall be limited to 30 minutes. | | 05-24983 |
12/22/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 23, 2006, at 11:30 a.m. (En Banc) | | |
02/08/2006 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
02/23/2006 | Case Status Update | Submitted for Decision. To the En Banc Court. EN BANC. | | |
04/07/2006 | Order/Dispositional | Filed Order of Affirmance. This is an appeal and cross-appeal. fn1[The Honorable Michael Douglas, Justice, and the Honorable A. William Maupin, Justice, did not participate in the decision of this matter.] "ORDER the judgment of the district court AFFIRMED." EN BANC-RR/NB/MG/JH/RP | | 06-07408 |
05/02/2006 | Remittitur | Issued Remittitur. | | 06-07661 |
05/02/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
05/10/2006 | Remittitur | Filed Remittitur. Received by County Clerk on May 4, 2006. | | 06-07661 |