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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 33643
Related Case(s): 53506 , 74236
Lower Court Case(s):Washoe Co. - Second Judicial District - CR941795Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:AgostiCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:03/10/2000How Submitted:On Briefs

+ Party Information

Docket Entries
01/21/1999Filing Fee Filing Fee Waived.
01/21/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-00404
01/21/1999OtherDisqualification of Justice Agosti. Sat in district court proceedings.
02/23/1999Other Other. Received phone call from counsel for appellants - lost paper work sent to them on 1/21/99 (mailed copy of receipt for documents and docketing statement to counsel for appellant).
03/05/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Second Notice of Appeal. 99-01550
04/02/1999Order/ProceduralFiled Order. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement and either a transcript request form or a certificate of no transcript request or show cause why sanctions should not be imposed upon counsel. 99-02484
04/08/1999Docketing StatementFiled Docketing Statement. 99-02648
04/14/1999Transcript RequestFiled Certificate of No Transcript Request. 99-02910
05/21/1999MotionFiled Motion to Extend Time. 99-04198
06/03/1999Order/ProceduralFiled Order Extending Time. Appellant shall file and serve the opening brief on appeal on or before July 20, 1999. Thereafter, briefing shall proceed in accordance with NRAP 31. 99-04647
07/22/1999MotionFiled Motion to Extend Time. 99-06626
07/22/1999MotionFiled Motion for Excess Pages. 99-06627
07/22/1999MotionFiled Motion. Motion to have entire file of District Court filed with the Nevada Supreme Court. 99-06628
08/11/1999Order/ProceduralFiled Order. We deny appellant's motion to transmit the entire district court record. Appellant shall have 20 days from the date of this order to assemble and file an appendix to the opening brief. We grant appellant's motions for an extension of time and to file a brief in excess of thirty pages. The clerk shall forthwith file the opening brief submitted on July 22, 1999. fn1[The clerk shall return, unfiled, the appendix provisionally submitted on July 22, 1999]. Respondent shall have 30 days from the filing of appellant's appendix to file the answering brief. 99-07405
08/11/1999BriefFiled Opening Brief. 99-06629
08/11/1999Notice/OutgoingIssued Letter. Returned unfiled with letter: original and one copy of Appellant Carlos Gutierrez' Appendix, received July 22, 1999.
11/02/1999MotionFiled Motion. Second Motion to File Appendix. 99-10634
11/02/1999MotionFiled Motion for Excess Pages. Motion for Leave of Court to File Brief in Excess of Thirty Pages. 99-10635
12/14/1999Order/ProceduralFiled Order Granting Motion. The clerk shall forthwith file the seven volume appendix to appellant's opening brief received by this court on September 13, 1999. The clerk shall forthwith file the 67-page answering brief received on November 2, 1999. Appellant shall have 30 days from the date of this order to file the reply brief. 99-12555
12/14/1999AppendixFiled Appendix to Opening Brief. Appellant Carlos gutierrez' Appendix, Volumes 1 through 7. 99-06630
12/14/1999BriefFiled Answering Brief. Mailed on: 10/28/99. 99-10636
01/13/2000MotionFiled Stipulation. Appellant Carlos Gutierrez' Request for Thirty Day Extension to file Reply Brief. 00-00592
01/24/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including February 14, 2000, to file and serve the reply brief. 00-01050
02/03/2000Order/ProceduralFiled Order. Counsel for appellant shall have 20 days from the date of this order to file a supplemental appendix. We caution counsel that any future dereliction of duties may subject counsel to sanctions. 00-01730
02/24/2000MotionFiled Motion to Extend Time. Appellant Carlos Gutierrez' Motion for Four Day Extension of Time to File Appellant's Reply Brief and Supplemental Appendix. 00-02940
02/29/2000MotionFiled Motion to Extend Time. Appellant Carlos Gutierrez' Motion for Leave to File Reply Brief on February 29, 2000. 00-03189
02/29/2000MotionFiled Motion for Excess Pages. Appellant Carlos Gutierrez' Motion for Leave to File Reply Brief in Excess of 30 Pages. 00-03190
03/10/2000Order/ProceduralFiled Order Granting Motion. On February 24, 2000, appellant filed a motion seeking an extension to file a reply brief and supplemental appendix. On February 29, 2000, appellant filed a motion to file and serve the reply brief and appendix and motion for leave to file a brief in excess of thirty pages. We grant the motions. The clerk shall forthwith file the 59-page reply brief and the appendix received on February 29, 2000. 00-03796
03/10/2000BriefFiled Reply Brief. Hand delivered 02/29/00. 00-03191
03/10/2000AppendixFiled Appendix to Reply Brief. Carlos Gutierrez' Supplemental Appendix. 00-03192
03/10/2000Case Status Update Submitted for Decision.
06/09/2000Order/DispositionalFiled Order Dismissing Appeal. We have determined that sanctions are warranted, and we order Robert Bruce Lindsay to pay sanctions in the amount of $500.00 to the Supreme Court Law Library and to provide proof of such payment to the clerk of this court within 20 days of the date of this order. We conclude that none of Gutierrez's contentions have merit, and " . . . we order this appeal dismissed." SNP99B-WM/MS/NB 00-09738
06/27/2000MotionFiled Motion for Excess Pages. Motion for Leave to File a Petition in Excess of Ten Pages on a Death Penalty Case. 00-11033
07/10/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for leave to file a fifteen-page petition for rehearing. The clerk of this court shall forthwith file the fifteen-page petition for rehearing received on June 27, 2000. 00-11663
07/10/2000Post-Judgment PetitionFiled Petition for Rehearing. 00-11034
08/11/2000Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." SNP99B-WM/MS/NB 00-14042
08/29/2000RemittiturIssued Remittitur. 00-14101
08/29/2000Case Status Update Remittitur Issued/Case Closed.
09/07/2000RemittiturFiled Remittitur. Received by County Clerk on September 1, 2000. 00-14101
12/03/2001Order/CounselFiled Order/Sanctions. Order Vacating Monetary Sanctions. On June 9, 2000, this court entered an order dismissing this appeal and imposing sanctions of $500 on appellant's counsel, Robert Bruce Lindsay for comments included in his brief on appeal. We have reconsidered the monetary sanctions imposed in this case in light of subsequent indications by Mr. Lindsay that they may pose a financial hardship. We have concluded the monetary sanctions should be vacated. We vacate that portion of our order of June 9, 2000, imposing monetary sanctions of $500 on Mr. Lindsay. We admonish Mr. Lindsay that we continue to view the comments at issue as improper and well beyond the bound s of permissible advocacy. 01-20137