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United States Court Cases

Nevada Supreme/Appellate Court Record

MAIOLA (JAMES) VS. STATE

Case Information: 39440
Short Caption:MAIOLA (JAMES) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C173674Classification:Criminal Appeal - Other - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:10/15/2003 at 10:30 AMOral Argument Location:Carson City
Submission Date:10/15/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/05/2002Filing Fee Filing Fee Waived.
04/05/2002Notice 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.) 02-06100
04/08/2002Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 6/13/00; 9/13/00; 12/4/00. Court Reporter: Danette Antonacci. Filed in district court on: 3/28/02. 02-06124
04/08/2002Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested:10/24/01 and 2/6/02. Court Reporter: Kristine Cornelius. Filed in district court on: 3/28/02. 02-06125
04/18/2002TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: October 24, 2001; 9:00 a.m. Court Recorder: Kristine M. Cornelius. Filed in district court on: April 15, 2002. 02-06933
04/18/2002Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: February 6, 2002; 9:00 a.m. Court Recorder: Liz Garcia. Filed in district court on: April 15, 2002. 02-06934
05/15/2002Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement and Appendix due: May 22, 2002. 02-08495
05/24/2002MotionFiled Motion for Excess Pages. Motion for Leave to file 15-Page Fast Track Statement. 02-09176
05/28/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 24, 2002. The clerk shall file the 14-page fast track statement and the appendix received on May 24, 2002. Respondent shall file and serve the fast track response within 20 days from the date of this order. 02-09264
05/28/2002Fast Track BriefFiled Fast Track Statement. 02-09177
05/28/2002AppendixFiled Appendix to Fast Track Statement. 02-09188
06/10/2002Fast Track BriefFiled Fast Track Response. 02-10012
09/10/2002Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 40 days. fn1[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] fn2[We suspend the requirement in NRAP 9 for counsel to file a certified transcript.] Answering brief and reply brief shall be filed in compliance with NRAP 31. 02-15604
10/16/2002MotionFiled Stipulation and Order. Brief due: November 19, 2002. 02-18030
11/19/2002BriefFiled Opening Brief. Mailed on: Express-No postmark. 02-19922
12/20/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-21807
01/16/2003MotionFiled Stipulation and Order. Brief due: February 18, 2003. 03-00848
02/18/2003MotionFiled Motion to Extend Time. 03-02651
02/20/2003Order/ProceduralFiled Order Granting Motion. filed February 18, 2003. Appellant shall have until March 19, 2003, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-02881
03/20/2003BriefFiled Reply Brief. Mailed on: Express-No postmark. 03-04735
08/26/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 15, 2003, at 10:30 a.m. (NNP04S-NB/MS/MG)
09/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
10/15/2003Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP04S-NB/MS/MG
01/15/2004Opinion/DispositionalFiled Per Curiam Opinion. "Reversed and remanded." Before Shearing C/.J., Becker and Gibbons, JJ. Author: Per Curiam. 120 Nev. Adv. Opn. No. 1. NNP04S. 10/26/04 Opinion on Rehearing: We previously issued an opinion in this matter on January 15, 2004. We withdrew that opinion while we considered the petition for rehearing. We now grant the petition for rehearing and issue this opinion in place of our prior opinion. 04-00851
01/30/2004Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Express Mail. 04-01944
02/18/2004Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Appellant shall have 20 days from the date of this order to file and serve an answer to the petition for rehearing. The parties are directed to brief the issue of whether Nevada's forfeiture statutes are constitutional as applied to an individual who was not convicted of the crime charged, but was either acquitted or had the charges against him dismissed. Respondent shall have 20 days from the date of this order to file a supplement to its petition for rehearing addressing this constitutional issue. Appellant shall have 15 days from service of the supplement within which to respond to the supplemental petition. 04-03129
03/01/2004Post-Judgment PetitionFiled Supplement to Petition for Rehearing. 04-03893
03/09/2004MotionFiled Motion for Excess Pages. Motion for Leave to File 14 Page Opposition to Petition for Rehearing. 04-04442
03/12/2004Order/ProceduralFiled Order Granting Motion. to file a 14-page answer to the petition for rehearing. The clerk shall file the answer to the writ petition received on March 9, 2004. 04-04681
03/12/2004Post-Judgment PetitionFiled Answer to Petition for Rehearing. 04-04443
03/16/2004MotionFiled Motion to Extend Time. 04-04970
03/17/2004Order/ProceduralFiled Order Granting Motion. filed March 16, 2004. Appellant shall have until March 22, 2004, to file and serve his response. 04-05025
03/22/2004Post-Judgment PetitionFiled Answer to Petition for Rehearing 11-18240
03/31/2004MotionFiled Motion for Permission to File Document. Motion for Leave to Reply to Opposition to Petition for Rehearing and Response to Supplement to Petition for Rehearing. 04/09/04 Order: Detached and filed the reply appended to respondent's motion. 04-05976
04/09/2004Order/ProceduralFiled Order Granting Motion. and Filing Reply. Respondent has moved for leave to file a "Reply to Opposition to Petition for Rehearing and Response to Supplement to Petition for Rehearing." We grant the motion. The clerk shall detach and file the reply appended to respondent's motion. 04-06611
04/09/2004Post-Judgment PetitionFiled Reply to Answer to Petition for Rehearing. Reply to Opposition to Petition for Rehearing and Response to Supplement to Petition for Rehearing. 04-06612
05/05/2004Order/ProceduralFiled Order. Withdrawing Opinion. On January 15, 2004, this court issued an opinion in this appeal reversing the district court's order denying a motion for return of property under NRS 179.085 and remanding this matter to the district court for further proceedings. Maiola v. State, 120 Nev. ___, 82 P.3d 38 (2004). Respondent timely petitioned this court for rehearing. We direct the clerk of this court to withdraw our opinion in this matter from publication pending our resolution of respondent's petition for rehearing. 04-08243
10/26/2004Opinion/DispositionalFiled Opinion on Rehearing. We previously issued an opinion in this matter on January 15, 2004. After respondent petitioned for rehearing, we withdrew that opinion while we considered the petition for rehearing. We now grant the petition for rehearing and issue this opinion in place of our prior opinion. fn1[See NRAP 40.] On rehearing, we reach the same conclusion as in our prior opinion but for different reasons. "Reversed and remanded." Before Shearing, C.J., Becker and Gibbons, JJ. Author: Per Curiam. 120 Nev. Adv. Opn. No. 76. NNP04S 04-19742
11/23/2004RemittiturIssued Remittitur. 04-19907
11/23/2004Case Status Update Remittitur Issued/Case Closed.
12/06/2004RemittiturFiled Remittitur. Received by County Clerk on November 29, 2004. 04-19907