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United States Court Cases

Nevada Supreme/Appellate Court Record

GAINES VS. STATE

Case Information: 33681
Short Caption:GAINES VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C153315Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:01/11/2000 at 10:00 AMOral Argument Location:Las Vegas Office
Submission Date:01/11/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/28/1999Filing Fee Filing Fee Waived.
01/28/1999Notice 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.) 99-00626
02/03/1999TranscriptFiled Transcript. 10/22/98 and 12/22/98 Proceedings: Court Reporter: James A. Helleso (mailed 02/01/99). 99-00752
02/03/1999TranscriptFiled Rough Draft Transcript of Proceedings. 11/05/98 Proceedings: Court Reporter: Teri Erbe (mailed on: 02/01/99). 99-00753
02/03/1999TranscriptFiled Transcript. 11/04/98 Proceedings: Court Reporter: Janice Murray. 99-00754
02/19/1999Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement due: March 1, 1999. 99-01155
03/01/1999MotionFiled Motion. Motion for Leave to File 14 page Fast Track Statement. 99-01367
03/03/1999Order/Clerk'sFiled Clerk's Order. Document: The 14-page fast track statement and appendix provisionally submitted on March 1, 1999, shall be filed, forthwith. 99-01469
03/03/1999Fast Track BriefFiled Fast Track Statement. 99-01368
03/03/1999AppendixFiled Appendix to Fast Track Statement. 99-01369
03/04/1999TranscriptFiled Transcript. Proceedings: Amended Reporter's Transcript of Proceedings December 22, 1998. Court Reporter: James A. Helleso. Mailed on: 2/26/99. 99-01538
03/19/1999Fast Track BriefFiled Fast Track Response. 99-01996
04/12/1999Order/ProceduralFiled Order. We have determined that full briefing will assist the court in the disposition of this appeal. The appellant shall file and serve the opening brief and appendix within 40 days after the date of this order. The answering and reply brief shall be filed in compliance with NRAP 31. fn2 We suspend the requirement in NRAP 9 for counsel to file a certified transcript in this appeal. 99-02745
05/18/1999MotionFiled Motion and Order Extending Time. Brief due: June 21, 1999. 99-04053
06/21/1999MotionFiled Motion and Order/Excess Pages. Granted: 36 pages. 99-05366
06/21/1999BriefFiled Opening Brief. Mailed on: Express-No postmark. 99-05384
06/24/1999MotionFiled Motion for Permission to File Document. Motion for leave to file Amici Curiae Brief. 99-05519
07/20/1999BriefFiled Answering Brief. Mailed on: Express-No postmark. 99-06512
08/04/1999Order/ProceduralFiled Order Granting Motion. We grant the unopposed motion to file Amici Curiae Brief on behalf of the American Civil Liberties Union of Nevada and the Nevada Attorneys for Criminal Justice. The clerk shall forthwith file the amici curiae brief provisionally submitted with the motion. Respondent shall have 30 days from the date of this order to serve and file a brief in response to the brief of amici curiae. 99-07166
08/04/1999BriefFiled Amicus Brief. Amici Curiae Brief of The American Civil Liberties Union of Nevada and the Nevada Attorneys for Criminal Justice. 99-05521
08/19/1999BriefFiled Reply Brief. Mailed on: Express-No postmark. 99-07724
08/19/1999AppendixFiled Appendix to Reply Brief. Supplemental Appellant's Appendix, Vol. 2. 99-07725
09/07/1999BriefFiled Amicus Brief. Response to the Brief of Amicus Curiae. 99-08405
12/03/1999Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for January 11, 2000 at the hour of 10:00 a.m. for 1/2 hour in Las Vegas.(SNP99B-WM, MS, NB)
12/20/1999MotionFiled Motion to Consolidate. Motion to Consolidate Appeals. Nos. 35033, 33681, 34176, 34256, 34420, 34541, 34692, 34927. (Docketed as document no. 99-12869 in case no. 35033.)
12/27/1999Notice/OutgoingIssued Oral Argument Reminder Notice. 99-13074
12/28/1999Notice/IncomingFiled Proof of Service. Amended Certificate of Service for Motion to Consolidate (nos. 35033, 34176, 34256, 34420, 34541, 34692, 34927). 99-13302
01/05/2000Order/ProceduralFiled Order/Motion Granted in Part. Order Granting Motion to Consolidate in Part. The following matters shall be consolidated for disposition only: Nos. 34176, 34256, 34420, 34541, 34692, 34927 and 35033. Appellant's motion is denied with respect to No. 33681. Gaines has been fully briefed and is currently schedule for oral argument on January 11, 2000. We decline to consolidate Gaines with these other matters at this time. Nos. 33681,34176, 34256, 34420, 34541, 34692, 34927 and 35033. 00-00158
01/07/2000MotionFiled Motion to Strike. Motion to Strike State's Response to Amicus Curiae Brief. 00-00252
01/07/2000MotionFiled Motion for Permission to File Document. Motion to Reply to State's Response to Amicus Curiae Brief (via fax). 00-00253
01/07/2000Order/ProceduralFiled Order. We deny appellant's motion to strike the response to the amicus curiae brief, but grant appellant's motion seeking leave to file a reply. Appellant shall, within 10 days of the date of this order, file and serve any reply. This matter shall remain scheduled for oral argument on January 11, 2000, at 10:00 a.m. 00-00297
01/07/2000MotionFiled Reply to Response. Defendant's Reply to State's Response to Amicus Curiae Brief (via fax). 00-00299
01/11/2000Case Status Update Submitted for Decision. Oral argument before the Southern Nevada Panel: Submitted. SNP99B-WM/MS/NB.
01/11/2000MotionFiled Motion for Permission to File Document. Motion to Reply to State's Response to Amicus Curiae Brief. (Original) (No action required--filed via fax on 1/7/00.) 00-00253
01/11/2000MotionFiled Reply to Response. Defendant's Reply to State's Response to Amicus Curiae Brief. (Original) (No action required--filed via fax on 1/7/00.) 00-00299
01/18/2000Notice/IncomingFiled Proof of Service. 00-00803
03/13/2000Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before Maupin, Shearing and Becker, JJ. Per Curiam. 116 Nev. Adv. Opn. No. 39. SNP99B-WM/MS/NB 00-03877
04/05/2000MotionFiled Motion for Stay. Appellant Gaine's Motion for Stay of Remittitur Pending Application for Certiorari. 00-05453
04/13/2000Order/ProceduralFiled Order Granting Motion. We hereby stay issuance of the remittitur in this matter until June 2, 2000, to allow appellant to file a petition for writ of certiorari with the United States Supreme Court. If, during the period of the stay, the clerk of this court receives notice from the clerk of the United States Supreme Court that appellant has filed a petition, the stay shall continue in effect until final disposition of the certiorari proceedings. Otherwise the clerk of this court shall issue the remittitur on June 5, 2000. 00-05935
05/26/2000MotionFiled Motion for Stay. Appellant Gaines' Second Motion for Stay of Remittitur Pending Application for Certiorari. 00-08940
06/09/2000Order/ProceduralFiled Order Granting Motion. We stay issuance of the remittitur to and including June 20, 2000. If the clerk of this court receives notice form the clerk of the United States Supreme Court by June 20, 2000, that appellant has filed a petition for a writ of certiorari, this stay shall continue in effect until final disposition of the certiorari proceeding. Otherwise, the clerk of this court shall issue the remittitur on June 23, 2000. 00-09798
06/21/2000MotionFiled Motion for Stay. Appellant Gaines' Third Motion for Stay of Remittitur Pending Application for Certiorari. 00-10595
06/26/2000Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A Writ of Certiorari was filed June 12, 2000, and placed on the docket as Case No. 99-10019. 00-10866
07/11/2000Order/ProceduralFiled Order Denying Motion. Under the provisions in our order of June 9, 2000, the stay of the issuance of the remittitur in this appeal continues in effect until final disposition of the certiorari proceedings. We deny as moot appellant's third motion for a stay of the issuance of the remittitur which was filed on June 21, 2000. 00-11864
10/11/2000Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 00-17985
10/13/2000Order/ProceduralFiled Order. Order to Issue Remittitur. On April 13, 2000, this court stayed the issuance of the remittitur. On October 11, 2000, the clerk of this court received notice that the Supreme Court of the United States denied appellant's petition on October 2, 2000. We direct the clerk of this court to issue the remittitur in this matter, forthwith. 00-18186
10/13/2000RemittiturIssued Remittitur. 00-18211
10/13/2000Case Status Update Remittitur Issued/Case Closed.
11/29/2000RemittiturFiled Remittitur. Received by County Clerk on October 19, 2000. 00-18211