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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 34227
Short Caption:HARTE (SHAWN) VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 34195 , 34196 , 43877 , 49929 , 50161 , 67519 , 78978 , 78978-COA
Lower Court Case(s):Washoe Co. - Second Judicial District - CR980074Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:09/14/2000 at 11:00 AMOral Argument Location:Carson City
Submission Date:09/14/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
05/19/1999Filing Fee Filing Fee Waived.
05/19/1999Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 through 15. 99-04089
05/19/1999Notice/IncomingFiled Notice. Pre-Sentence Report-SEALED. 99-04090
08/10/1999Order/ProceduralFiled Order/Briefing Schedule. This is an automatic appeal from a judgment of conviction and a sentence of death. To date, appellant has failed to file an opening brief. Appellant shall, within 20 days from the date of this order, file and serve the opening brief or show cause why sanctions should not be imposed against appellant's counsel. Answering brief due: 60 days after service of the opening brief. Reply brief due: 45 days from service of the answering brief. We do not expect requests for extensions of this briefing schedule. 99-07351
08/10/1999Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on August 5, 1999, relieving John Springgate and John Ohlson as counsel for appellant and appointing Janet Cobb Schmuck as counsel for appellant. 99-07387
09/20/1999MotionFiled Motion. Motion for Clarification and Expansion of Briefing Schedule. 99-08916
10/01/1999Order/ProceduralFiled Order Granting Motion. Appellant shall have 70 days from the date of this order to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d). 99-09421
12/09/1999BriefFiled Opening Brief. Hand delivered: Reno/Carson Messenger 12/09/99. 99-12375
12/09/1999Record on Appeal DocumentsFiled Record on Appeal Copy. Volume 16. Transcript of Penalty Hearing held march 23, 1999. 99-12379
02/04/2000BriefFiled Answering Brief. Mailed on: February 4, 2000. 00-01819
02/04/2000MotionFiled Motion. Motion for Transmission of Original Exhibit. 00-01820
02/11/2000MotionFiled Response to Motion. Opposition to Motion for Transmission of Original Exhibit. 00-02170
02/22/2000Order/ProceduralFiled Order Granting Motion. The clerk of the district court shall, within 20 days from the date of this order, certify and transmit to the clerk of this court the videotapes marked as "Exhibit C1" and Exhibit C2" admitted in the proceedings below. 00-02752
02/23/2000MotionFiled Motion to Consolidate. Motion for Consolidation of Cases for Purposes of Record on Appeal and for Leave to File Supplemental Appendix. (Nos. 34195 & 34227) 00-02886
03/20/2000BriefFiled Reply Brief. Mailed on: Hand delivered 3/20/00 (Reno/Carson). 00-04413
03/22/2000Order/ProceduralFiled Order Scheduling Oral Argument. The clerk of this court shall schedule this appeal for oral argument in June, 2000 before the en banc court. The argument shall be limited to one (1) hour. 00-04583
03/23/2000Order/ProceduralFiled Order. Appellant has filed a motion requesting leave to adopt the record on appeal filed in Docket No. 34227 and to utilize that record in lieu of filing a separate appendix in this appeal. fn1[Shawn Russell Harte, the appellant in Docket No. 34227, was appellant Babb's co-defendant in the proceedings below. Harte was convicted of first degree murder and was sentenced to receive the death penalty. Thus, the complete record of the proceedings below was forwarded to this court in Docket No. 34227.] We grant appellant's motion in the following respects. In preparing their briefs, the parties to this appeal may cite to the record on appeal filed in this court in Docket No. 34227. The parties shall file a separate supplemental appendix or appendices containing necessary documents constituting any parts of the district court record of this appeal which are not contained in the record filed in Docket No. 34227. The clerk of this court shall assure that the record on appeal in Docket No. 34227 is retained in this court until such time as this appeal is resolved and the remittitur is issued. Nos. 34195, 34227. 00-04657
04/05/2000MotionFiled Motion. Motion in Response to Order Scheduling Oral Arguments. 00-05529
04/21/2000Order/ProceduralFiled Order Rescheduling Oral Argument. Appellant's counsel has moved to reschedule oral argument. Cause appearing, we grant the motion. The clerk of this court shall schedule this appeal for oral argument in September 2000 before the en banc court. Oral argument will be limited to 60 minutes. 00-06459
07/21/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 1 hour in Carson City on September 14, 2000 at 11:00 a.m. (En Banc) 00-12624
08/31/2000Notice/OutgoingIssued Oral Argument Reminder Notice. 00-15345
09/14/2000Case Status Update Submitted for Decision. Panel: En Banc.
12/04/2000Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. Young, J., Maupin, J., Shearing, J., Agosti, J., Leavitt, J., Becker, J. Rose, C.J., concurring. 116 Nev. Adv. Opn. No. 112. En Banc. 00-21059
01/03/2001RemittiturIssued Remittitur. Returned Exhibits: C1 and C2-Videotapes this day. 00-21243
01/03/2001Case Status Update Remittitur Issued/Case Closed.
01/11/2001RemittiturFiled Remittitur. Received by County Clerk on January 5, 2001. 00-21243