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United States Court Cases

Nevada Supreme/Appellate Court Record

LESLIE (WILBERT) VS. WARDEN (DEATH PENALTY)

Case Information: 36546
Short Caption:LESLIE (WILBERT) VS. WARDEN (DEATH PENALTY)Court:Supreme Court
Related Case(s): 49121 , 52954 , 61050 , 66109 , 75770 , 80164
Lower Court Case(s):Clark Co. - Eighth Judicial District - C125136Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:09/20/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/10/2000Filing Fee Filing Fee Waived.
08/10/2000Notice 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.) 00-13968
08/15/2000TranscriptFiled Transcript. Proceedings: March 28, 2000. Court Reporter: Mary Beth Cook. 00-14217
08/30/2000Notice/OutgoingIssued Notice of Redesignation of Appeal. Upon further review, it has been determined that this is not a fast track appeal. (Docketing statement mailed to counsel for appellant.)
09/01/2000Letter/IncomingFiled Letter. from Deputy District Attorney James Tufteland. This is a death penalty case, and not a fast track appeal. 00-15506
09/13/2000Docketing StatementFiled Docketing Statement. 00-16099
12/18/2000MotionFiled Motion to Extend Time. First Request. 00-22040
12/26/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including January 17, 2001, to file and serve the opening brief and appendix. 00-22383
01/18/2001MotionFiled Motion for Excess Pages. 01-01107
01/18/2001BriefReceived Opening Brief. Mailed on: January 17, 2001. 01-01108
02/13/2001Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the sixty-one page opening brief and appendix received on January 18, 2001. 01-02850
02/13/2001BriefFiled Opening Brief. Mailed on: January 17, 2001. STRICKEN BY ORDER 05/23/01. 01-01108
02/13/2001AppendixFiled Appendix to Opening Brief. STRICKEN BY ORDER 05/23/01. 01-01109
03/14/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. STRICKEN BY ORDER 05/23/01. 01-04524
05/02/2001BriefFiled Reply Brief. Mailed on: No postmark. STRICKEN BY ORDER 05/23/01. 01-07354
05/02/2001Case Status Update Submitted for Decision. Briefing completed.
05/16/2001MotionFiled Motion. Motion for Extraordinary Relief. 01-08153
05/23/2001Order/ProceduralFiled Order. Order Re: Briefing. Counsel for appellant has filed a motion requesting alternative remedies to correct procedural deficiencies in the briefs and appendix filed in this matter. To date, the State has not opposed the motion. This appeal has not been briefed in compliance with this court's rules of appellate procedure. The clerk of this court shall strike the opening brief, the reply brief and the appendix previously filed on appellant's behalf. Further, the clerk shall strike the answering brief filed on March 14, 2001. Appellant's motion is granted to the extent that appellant shall have 30 days from the date of this order to file and serve an amended appendix and opening brief not exceeding 65 pages in length. fn2[Appellant has alternatively requested this court to order the clerk of the district court to transmit certain trial and guilt phase transcripts to this court as an official record on appeal. This alternative request is denied.] Respondent shall have 30 days from the date of service of the amended opening brief to file and serve an amended answering brief. Appellant shall have 30 days thereafter to file and serve the reply brief. fn3[The appendix in a post-conviction appeal should also include copies of the post-conviction habeas petition filed below, the State's responsive pleadings, and any motions, oppositions, or supplemental petitions or responses relevant to the issues. In the event that appellant's counsel intends to cite to transcripts not previously prepared and on file in the district court, counsel must proceed in accordance with NRAP 9(a)(1).] 01-08615
06/27/2001BriefFiled Opening Brief. Mailed on: 06/25/01. 01-10835
06/27/2001AppendixFiled Appendix to Opening Brief. Vol. 1 through 7. 01-10836
08/27/2001Order/ProceduralFiled Order/Briefing Schedule. To date, respondent has failed to file the answering brief. Respondent shall, within 10 days of the date of this order, file the answering brief. Appellant may file a reply brief, if deemed necessary, within 30 days of service of the anwering brief. 01-14411
08/27/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. 01-14415
08/27/2001AppendixFiled Appendix to Answering Brief. 01-14416
09/20/2001BriefFiled Reply Brief. Mailed on: 09/17/01. 01-15883
09/20/2001Case Status Update Submitted for Decision.
05/16/2002Order/ProceduralFiled Order/Transmit Record and Directing Response. Supplemental record (certified copies of the jury instructions provided to the jury at both the guilt and penalty phases of appellant's trial) due: 30 days. 02-08644
05/28/2002Notice of Appeal DocumentsFiled Documents from District Court Clerk. Certified copy of Instructions to the Jury (nos. 1 through 18) and manila envelope containing proposed jury instructions. 02-09275
12/18/2002Opinion/DispositionalFiled Authored Opinion. "Sentence vacated and remanded." Before the Court En Banc. By the Court, Rose, J. We concur: Maupin, Leavitt, and Becker, JJ. Maupin, J., concurring. Shearing, J., with whom Young, C.J., and Agosti, J., agree, dissenting. 118 Nev. Adv. Opn. No. 78. EN BANC. 02-21630
01/14/2003RemittiturIssued Remittitur. 03-00288
01/14/2003Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 16, 2003. 03-00288