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United States Court Cases

Nevada Supreme/Appellate Court Record

BATIN (MARLON) VS. STATE

Case Information: 36525
Short Caption:BATIN (MARLON) VS. STATECourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CR991327Classification:Criminal Appeal - Life - Direct
Disqualifications:Rose, YoungCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:10/05/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/07/2000Filing Fee Filing Fee Waived.
08/07/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 00-13608
08/30/2000TranscriptFiled Transcript. Proceedings: 05/23/00 through 05/26/00 and 05/30/00. Court Reporters: Denise Phipps and Karen Yates. 00-15269
09/28/2000Order/ProceduralFiled Order/Show Cause. Response due: 10 days (Fast Track Statement or Show Cause). 00-17137
09/28/2000MotionFiled Motion to Extend Time. Motion for Extension of Time to file Fast Track Statement or, in the Alternative, Motion for Leave to file Appellant's Opening Brief. 00-17183
10/12/2000Order/ProceduralFiled Order/Full Briefing. on September 28, 2000, counsel for appellant filed a motion for an extension of time to file the fast track statement in this appeal or, alternatively, for leave to file an opening brief. After reviewing the documents submitted in this appeal, we have determined that full briefing will assist the court in the disposition of this appeal, and we therefore grant appellant's motion for leave to file an opening brief. Opening brief due: 40 days. fn1[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] fn2[We suspend the requirement in NRAP9 for counsel to file a certified transcript.] Answering brief and reply brief shall be filed in compliance with NRAP 31. 00-18078
11/22/2000BriefFiled Opening Brief. Mailed on: Hand delivered 11/22/00. 00-20502
11/22/2000AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 00-20503
12/22/2000MotionFiled Stipulation and Order. Brief due: January 22, 2001. 00-22336
01/23/2001BriefFiled Answering Brief. Mailed on: 01/22/01. 01-01469
02/20/2001MotionFiled Motion and Order Extending Time. Brief due: March 20, 2001. 01-03207
03/15/2001BriefFiled Reply Brief. Mailed on: Hand delivered 03/15/01 (Reno/Carson). 01-04673
05/03/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein. 01-07441
05/03/2001Case Status Update Submitted for Decision.
05/30/2001OtherDisqualification of Justice Young. Gaming related case.
05/30/2001OtherDisqualification of Justice Rose. Gaming related case.
07/12/2001Order/DispositionalFiled Order of Affirmance. 'ORDER the judgment of conviction AFFIRMED.' Maupin, C.J. and Becker, J. Leavitt, J., dissenting. SNP01A-WM/ML/NB 01-11808
07/19/2001Post-Judgment PetitionFiled Petition for Rehearing. 01-12317
08/08/2001Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." Maupin, C.J. and Becker, J. Leavitt, J., dissenting. SNP01A-WM/ML/NB 01-13418
08/14/2001Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: Reno/Carson Messenger 8/14/01. 01-13862
08/14/2001MotionFiled Motion for Stay. Motion to Stay Issuance of Remittitur Pending Petition for Hearing En Banc. 01-13864
08/24/2001Post-Judgment OrderFiled Order/Remittitur. The motion to stay the issuance of the remittitur is hereby granted. The clerk of this court shall stay the remittitur until further order of this court. fn1-[The clerk of this court shall correct the caption of this appeal and the caption of this court's prior orders in this matter so as to refer to appellant as "Marlon Javar Batin."] 01-14402
09/21/2001Post-Judgment OrderFiled Order Granting En Banc Reconsideration. This court has considered the petition for en banc reconsideration and three justices have determined that en banc reconsideration of the panel's decision is warranted. This court has further determined that two district judges shall be appointed to participate in the en banc reconsideration in the place of the two justices who have voluntarily recused themselves in this matter. Appellant's petition for en banc reconsideration is hereby granted. The State shall have 20 days from the date of this order to file points and authorities in response to the arguments presented in appellant's petition. Thereafter, the matter shall stand submitted for decision before a duly reconstituted en banc court without oral argument and on the record and other papers on file herein. 01-15940
10/02/2001Order/IncomingFiled Executive Order. District Judge Michael A. Cherry appointed to sit in the place of Justice Cliff Young. 01-16586
10/02/2001Order/IncomingFiled Executive Order. District Judge William A. Maddox appointed to sit in the place of Justice Robert E. Rose. 01-16587
10/05/2001Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. 01-16791
10/05/2001Case Status Update Resubmitted for Decision. En Banc.
01/30/2002Opinion/DispositionalFiled Opinion on Reconsideration. "Reversed." fn1[The Honorable Michael A. Cherry, Judge of the Eight Judicial District Court, was designated by the Governor to sit in place of the Honorable Cliff Young, Justice, and the Honorable William A. Maddox, Judge of the First Judicial District Court, was designated by the Governor to sit in place of the Honorable Robert E. Rose, Justice. Nev. Const. art. 6, sec. 4.] Before the Court En Banc. By the Court, Leavitt, J. We concur: Shearing, J., Agosti, J., Cherry, D.J., and Maddox, D.J. Maupin, C.J., with whom Becker, J., agrees, dissenting. 118 Nev. Adv. Opn. No. 7. EN BANC 02-01942
02/20/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: February 19, 2002. 02-03282
02/25/2002MotionFiled Motion to Strike. Motion to Strike State's Petition for Rehearing. 02-03514
03/04/2002MotionFiled Response to Motion. Opposition to Motion to Strike State's Petition for Rehearing. 02-03854
04/08/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[On February 25, 2002, Batin filed a motion to strike the State's petition for rehearing contending that rehearing of this court's en banc decision is not permitted under this court's rules. See NRAP 40. The State opposes the motion. We conclude that under the circumstances of this case, NRAP 40 does permit the filing of the instant petition for rehearing. We deny the motion to strike.] NRAP 40( c). En Banc. Shearing, Agosti, Leavitt, and Becker, JJ. Cherry, D.J. and Maddox, D.J. I would grant rehearing. Maupin, C.J. 02-06151
04/23/2002RemittiturIssued Remittitur. 02-06507
04/23/2002Case Status Update Remittitur Issued/Case Closed.
04/29/2002RemittiturFiled Remittitur. Received by County Clerk on April 25, 2002. 02-06507