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United States Court Cases

Nevada Supreme/Appellate Court Record

ALLAN (BRANDON) VS. STATE

Case Information: 36410
Short Caption:ALLAN (BRANDON) VS. STATECourt:Supreme Court
Related Case(s): 50480 , 52275
Lower Court Case(s):Washoe Co. - Second Judicial District - CR992192Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/15/2001 at 9:30 AMOral Argument Location:Carson City
Submission Date:10/15/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/12/2000Filing Fee Filing Fee Waived.
07/12/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). 00-12022
07/26/2000TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 1/7/00, 5/31/00, 6/12/00, 6/13/00, 6/14/00, 6/15/00, 6/16/00. Court Reporter: Donna Davidson. 00-12964
09/15/2000MotionFiled Motion to Extend Time. 00-16329
10/09/2000Order/ProceduralFiled Order Denying Motion. On September 15, 2000, appellant filed a motion for an extension of time in which to file the fast track statement. This is not a fast track appeal. Appellant's opening brief and appendix are due on November 13, 2000. We deny as moot appellant's motion filed on September 15, 2000. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve this required document. On July 26, 2000, court reporter Donna Davidson filed with this court copies of rough draft transcripts for proceedings held on January 7, 2000, May 31, 2000, and June 12, 2000, through June 16, 2000. Rough draft transcripts may be filed only in fast track appeals. Nevertheless, unless either party to this appeal objects to the use of rough draft transcripts, we waive the provisions of NRAP 9 that require filing of edited and proofed transcripts. In the event appellant deems the filing of edited and proofed transcripts necessary, or in the event appellant requires the preparation of transcripts in addition to the rough draft transcripts filed on July 26, 2000, appellant shall, within 10 days from the date of this order, file and serve a transcript request form. If appellant does not object to use of the rough draft transcripts filed on July 26, 2000, and does not desire to order additional transcripts shall, within 10 days from the date of this order, file and serve a certificate of no transcript request. fn2[In the event respondent objects to the use of rough draft transcripts in this appeal, respondent shall so inform the clerk of this court in writing within 10 days.] (Docketing statement mailed to counsel for appellant.) 00-17840
10/20/2000Transcript RequestFiled Certificate of No Transcript Request. 00-18666
11/09/2000MotionFiled Motion to Extend Time. 00-19711
12/07/2000Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement. Appellant shall, within 10 days of the date of this order, file and serve the required document or show cause why sanctions should not be imposed against counsel for appellant. We grant appellant's motion filed on November 9, 2000. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. Any future motion for an extension of time should specify the amount of time required. 00-21352
12/08/2000Notice/IncomingFiled Substitution of Attorneys. John E. Oakes hereby agrees to the substitution of Richard F. Cornell as attorney of record for Appellant, Brandon Douglas Allan. 00-21521
12/13/2000Docketing StatementFiled Docketing Statement. Filed by former counsel John E. Oakes. The order filed 12/07/00 cc'd Oakes and not current counsel Cornell. 00-21833
01/08/2001MotionFiled Motion to Extend Time. 01-00342
01/16/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant shall have to and including February 20, 2001, to file and serve the opening brief. 01-00829
02/20/2001MotionFiled Motion to Extend Time. (third request). 01-03209
02/21/2001BriefFiled Opening Brief. Mailed on: Hand delivered 02/21/01 (Reno/Carson). 01-03290
02/21/2001AppendixFiled Appendix to Opening Brief. 01-03291
02/26/2001Order/ProceduralFiled Order Denying Motion. On February 20, 2001, appellant filed a motion requesting a third extension of time to file the opening brief and appendix. Appellant's opening brief and appendix having been received and filed on February 21, 2001, we deny the motion as moot. 01-03507
03/22/2001MotionFiled Stipulation and Order. Brief due: April 20, 2001. 01-05092
04/19/2001BriefFiled Answering Brief. Mailed on: 4/16/01. 01-06699
05/03/2001BriefFiled Reply Brief. Mailed on: Hand delivered 05/03/01 (Reno/Carson). 01-07431
08/02/2001Notice/OutgoingIssued Letter. to Washoe County Clerk regarding Transmission of Exhibits.
08/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on October 15, 2001, at 9:30 a.m. (En Banc)
10/01/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
10/15/2001Case Status Update Submitted for Decision. Before the En Banc Court. En Banc.
01/22/2002Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before the Court En Banc. By the Court, Rose, J. We concur: Young, Shearing and Becker, JJ. Maupin, C.J., with whom Agosti and Leavitt, JJ., agree, dissenting. 118 Nev. Adv. Opn. No. 2. EN BANC 02-01346
02/08/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Reno/Carson Msgr. 2/8/02. 02-02613
04/03/2002Post-Judgment OrderFiled Order/Rehearing Denied. En Banc - Full Court. Maupin, C.J., dissenting: For the reasons stated in the dissent, I would grant rehearing. 02-05955
04/18/2002RemittiturIssued Remittitur. Returned Exhibits:Exhibit 31-videotape #1; Exhibit 32-Videotape #2; Exhibt 33-Videotape #3; and Exhibit 34-Audiotape of Detective Canfiled Interview with Defendant this day. 02-05969
04/18/2002Case Status Update Remittitur Issued/Case Closed.
04/24/2002RemittiturFiled Remittitur. Received by County Clerk on on April 19, 2002. 02-05969