| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 04/22/2002 | Filing Fee | Filing Fee Waived. | | |
| 04/22/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 02-07160
|
| 05/02/2002 | Docketing Statement | Filed Docketing Statement. | | 02-07720
|
| 05/02/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 11/05/01, 01/07/02, (JL); 01/29/02-02/06/02 (trial), and 03/13/02 (DD). To Court Reporter: Julie Lever and Dina Dalton. | | 02-07722
|
| 05/13/2002 | Transcript | Filed Transcript. Proceedings: November 5, 2001 and January 7, 2002. Court Reporter: Julie M. Lever. | | 02-08355
|
| 08/07/2002 | Order/Procedural | Order. To date, Court Reporter Dina Dalton has not filed the requested transcript. Ms. Dalton shall have 20 days from the date of this order to prepare and file the requested transcript. If more time is needed to complete the preparation of the transcript, Ms. Dalton shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Dalton, shall notify this court, in writing, of this fact. | | 02-13456
|
| 10/01/2002 | Order/Procedural | Filed Order. Court reporter Dina Dalton shall have 20 days from the date of this order to produce the transcripts requested on August 7, 2002, or show cause why sanctions should not be imposed. Appellant shall, within 30 days from the date of this order, file and serve the opening brief and appendix. Respondent shall, within 30 days from service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 30 days from service of the answering brief. | | 02-16912
|
| 01/09/2003 | Letter/Incoming | Filed Letter. from Court Reporter Dina Dalton regarding address change and request for orders. | | 03-00472
|
| 04/29/2003 | Order/Procedural | Filed Order. Court Reporter Dina Dalton shall have 15 days from the date of this order to prepare and file the transcripts for the trial conducted on January 29, 2002, through February 6, 2002, and the proceedings conducted on March 13, 2002. Appellant shall have 45 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-07236
|
| 06/26/2003 | Order/Procedural | Filed Order. On April 29, 2003, this court entered an order directing appellant to file and serve the opening brief and appendix within 45 days. To date, appellant has failed to file these documents. Appellant shall, within 15 days from the date of this order, file and serve the opening brief and appendix. | | 03-10746
|
| 07/30/2003 | Order/Procedural | Filed Order. To date, appellant has failed to comply with this court's orders. Appellant shall, within 15 days from the date of this order, file and serve the opening brief and appendix or show cause why sanctions should not be imposed against counsel for appellant. | | 03-12794
|
| 08/18/2003 | Motion | Filed Motion to Extend Time. Motion for Continuance and Request for Extraordinary Relief. | | 03-13703
|
| 12/26/2003 | Transcript | Filed Transcript. Proceedings: 01/30/02. Court Reporter: Sonia Riley-Bennett. | | 03-21488
|
| 02/12/2004 | Transcript | Filed Transcript. Proceedings: January 31, 2002. Court Reporter: Sonia L. Riley. | | 04-02784
|
| 02/20/2004 | Transcript | Filed Transcript. Proceedings: February 1, 2002. Court Reporter: Sonia L. Riley. | | 04-03322
|
| 03/11/2004 | Transcript | Filed Transcript. Proceedings: February 4, 2002. Court Reporter: Sonia L. Riley. | | 04-04611
|
| 03/15/2004 | Transcript | Filed Transcript. Proceedings: February 1, 2002 (Supplement). Court Reporter: Sonia L. Riley. | | 04-04841
|
| 04/02/2004 | Order/Procedural | Filed Order. Remanding for Reconstruction of the Record and Setting Briefing Schedule. On May 2, 2002, appellant filed a transcript request form that requested court reporter Dina Dalton to produce the transcripts for the trial conducted on January 29, 2002, through February 6, 2002, and for the proceedings conducted on March 13, 2002. Because Ms. Dalton had not filed the transcripts, on August 7, 2002; October 1, 2002; and April 29, 2003, this court entered orders directing Ms. Dalton to file the requested transcripts. To date, Ms. Dalton has not filed the requested transcripts. We note, however, that court reporter Sonia Riley has filed several of the requested transcripts. The district court shall have 15 days from the date of this order to transmit to this court a certified copy of the May 31, 2001, transcript filed in district court case number C175843 on June 18, 2001. This appeal is hereby remanded to the district court for the limited purpose of assembling and settling upon an adequate record on appeal. See NRAP 9(d). Appellant shall have 10 days from the date of this order within which to prepare, file in the district court, and serve upon counsel for the State, a memorandum specifying the transcripts which are necessary for this appeal, but which appellant has been unable to review or obtain for inclusion in appellant's appendix. The State shall have 10 days thereafter to file in the district court and serve upon counsel for appellant a memorandum in response. Within 30 days from the date of this order, the district court shall conduct such proceedings as are necessary to determine precisely what transcripts are missing and unavailable and to settle upon and approve a reconstructed record. Within 45 days of the date of this order, the district court shall file with the clerk of this court an order setting forth its findings regarding any missing portions of the district court record and the steps taken to reconstruct, settle and approve the record. Appellant has filed a 'Motion for Continuance and Request for Extraordinary Relief.' In light of this order, we deny appellant's motion. Appellant shall have 90 days from the date of this order to file the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-06105
|
| 04/08/2004 | Transcript | Filed Transcript. Proceedings: May 31, 2001. Court Reporter: Karen Kovacs. | | 04-06549
|
| 07/08/2004 | Transcript | Filed Transcript. Proceedings: 03/13/02. Court Reporter: Sonia L. Riley. | | 04-12471
|
| 08/03/2004 | Order/Procedural | Filed Order. to File Opening Brief and Appendix. This court has been notified that the district court proceedings scheduled in compliance with our order of April 2, 2004, have been continued until August 11, 2004. We amend the briefing schedule that was set forth in our April 2, 2004, order. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-14031
|
| 08/23/2004 | Transcript | Filed Transcript. Proceedings: August 11, 2004. Court Reporter: Sonia L. Riley. | | 04-15214
|
| 11/22/2004 | Notice/Incoming | Filed Substitution of Attorneys. Patricia M. Erickson in place of Robert L. Miller. | | 04-21417
|
| 11/22/2004 | Motion | Filed Motion. Motion to Reset Briefing Schedule. | | 04-21418
|
| 12/14/2004 | Order/Procedural | Filed Order Granting Motion. for Extension of time to file Opening Brief and Appendix. The district court's minute entries indicate that the court held a second hearing regarding the missing transcript and reconstruction of the record of the missing testimony on September 8, 2004. The district court apparently approved and adopted the State's affidavit as the proper reconstruction of the record of the missing testimony and directed the State to prepare an appropriate order. To date, it appears that the district court has not entered a written order. On November 22, 2004, appellant filed a motion to reset the briefing schedule. At the same time, appellant filed a substitution of attorneys. Attorney Patricia M. Erickson now represents appellant in place of the Clark County Public Defender. We elect to treat the motion to reset the briefing schedule as a motion for an extension of time to file the opening brief and appendix. Because it appears that the district court has not yet entered a written order regarding its final reconstruction of the record under NRAP 9(d) and based on the representations in appellant's motion, we grant the motion for an extension of time to file the opening brief and appendix. Appellant shall file and serve the opening brief and appendix within 75 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-22805
|
| 02/03/2005 | Order/Incoming | Filed District Court Order. Copy of Order re Court's Statement re Reconstruction of Record filed in district court on December 17, 2004. (Filed via fax.) | | 05-02190
|
| 03/28/2005 | Order/Procedural | Filed Order. to file Opening Brief. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 05-05939
|
| 04/01/2005 | Motion | Filed Motion to Extend Time. | | 05-06423
|
| 10/03/2005 | Order/Procedural | Filed Order. Affidavit of the State due from respondent: 20 days. Opening brief and appendix due: 60 days. | | 05-19533
|
| 10/06/2005 | Notice/Incoming | Filed Affidavit. Letter from Clark County D.A. enclosing "Affidavit of the State" filed June 30, 2004. | | 05-19859
|
| 03/13/2006 | Order/Procedural | Filed Order. to file Opening Brief. Opening brief and appendix due: 10 days. Failure to comply timely with this order may result in the imposition of sanctions against appellant's counsel. | | 06-05401
|
| 04/04/2006 | Motion | Filed Motion for Stay. Motion to Stay Briefing Schedule. | | 06-07034
|
| 04/04/2006 | Motion | Filed Motion. Motion to Late Filing Motion/Motion to Remand | | 06-07036
|
| 04/04/2006 | Motion | Received Motion. Motion to Remand to District Court for New Trial. | | 06-07037
|
| 04/06/2006 | Motion | Filed Response to Motion. Opposition to Motion to Remand to District Court for New Trial. | | 06-07347
|
| 07/05/2006 | Order/Procedural | Filed Order. Appellant has moved this court to stay the briefing schedule in this appeal and to remand the case to the district court for a new trial. The State opposes the motion. We deny the motions. Appellant's counsel shall have 30 days from the date of this order within which to file the opening brief and appendix. We caution counsel for appellant that this court expects the opening brief and appendix to be completed, properly assembled, and filed on or before Friday, August 4, 2006. This appeal has been pending in this court since April 2002; no further delays will be tolerated in the absence of extreme and unforeseeable circumstances. Fn1 [Appellant has also filed a motion seeking permission to file the belated motion for remand.] Fn2 [We grant appellant's motion for permission to file the untimely motion for remand. The clerk of this court shall file the motion that was previously provisionally submitted.] | | 06-13764
|
| 07/05/2006 | Motion | Filed Motion. Motion to Remand to District Court for New Trial (FILED PER ORDER OF 7/5/06) | | 06-07037
|
| 08/17/2006 | Motion | Filed Motion to Extend Time. Motion to Late File and Motion to Extend Time to File Appellant's Opening Brief and Appendix. | | 06-17147
|
| 08/24/2006 | Motion | Filed Motion to Extend Time. | | 06-17592
|
| 08/25/2006 | Motion | Filed Motion to Extend Time. Amended motion. | | 06-17669
|
| 09/20/2006 | Order/Procedural | Filed Order Granting Motion. Ms. Erickson shall have 10 days from the date of this order to file and serve the opening brief and appendix. Failure to timely file the opening brief pursuant to this order, or any requests for additional extensions of time that are not supported by a demonstration of the most compelling and unforeseeable circumstances, may result in the imposition of sanctions against Ms. Erickson. Failure to adequately preserve drafts of the opening brief or additional computer problems will not be considered compelling and unforeseeable circumstances. | | 06-19367
|
| 10/31/2006 | Motion | Filed Motion to Extend Time. and Appendix. | | 06-22196
|
| 11/15/2006 | Order/Procedural | Filed Order Granting Motion. Opening brief and appendix due: 5 days. We again caution Ms. Erickson that failure to timely comply with this court's order, or any additional requests for an extension of time to file the opening brief that are not supported by a demonstration of the most compelling and unforeseeable circumstances, may result in the imposition of sanctions against her. | | 06-23388
|
| 12/12/2006 | Motion | Filed Motion to Extend Time. Motion for Late File and Motion to Extend Time to File Appellant's Opening Brief and Appendix. | | 06-25343
|
| 12/28/2006 | Order/Procedural | Filed Order Granting Motion. Appellant shall have 5 days from the date of this order to file and serve the opening brief and appendix. Failure to timely comply with this court's order may result in the imposition of sanctions and referral to the State Bar of Nevada pursuant to SCR 105. | | 06-26607
|
| 02/06/2007 | Motion | Filed Motion to Extend Time. Motion for Late File and Motion to Extend Time to File Appellant's Opening Brief and Appendix. | | 07-02970
|
| 02/14/2007 | Motion | Filed Motion. Patricia Erickson. | | 07-03589
|
| 06/19/2007 | Order/Procedural | Filed Order. Regarding Counsel. We grant Mr. Amato's motion and direct the clerk to file the proper person document received on March 5, 2007. We grant Ms. Erickson's motion to withdraw. We remand this appeal for the limited purpose of securing new appellate counsel for appellant. District court 15 days: to appoint new appellate counsel. Within 5 days of the appointment of counsel, the district court shall transmit to the clerk of this court a copy of the district court's written or minute order. Within 10 days of the appointment of counsel, Ms. Erickson shall provide her file for this appeal to appellant's new counsel. | | 07-13390
|
| 06/19/2007 | Motion | Filed Proper Person Motion. for Leave to File Proper Person Memorandum. | | 07-05251
|
| 07/03/2007 | Notice of Appeal Documents | Filed Documents from District Court Clerk. District Court Minutes entered 06/27/07, Christopher Oram appointed as counsel of record for appellant Amato. | | 07-14476
|
| 08/03/2007 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Attorney Christopher Oram. (Docketing Statement mailed to counsel for appellant.) | | 07-17179
|
| 08/03/2007 | Notice/Outgoing | Issued Notice to Appointed Counsel. Opening brief: 120 days | | 07-17180
|
| 11/29/2007 | Motion | Filed Motion and Order Extending Time. Brief due: January 2, 2008. | | 07-25750
|
| 12/31/2007 | Motion | Filed Motion to Extend Time. | | 07-28281
|
| 01/11/2008 | Order/Procedural | Filed Order Granting Motion. Opening Brief and appendix due: February 1, 2008. | | 08-00784
|
| 02/04/2008 | Motion | Filed Motion to Extend Time. | | 08-02742
|
| 02/12/2008 | Order/Procedural | Filed Order Extending Time. Time for filing opening brief extended to March 3, 2008. | | 08-03502
|
| 03/04/2008 | Motion | Filed Motion to Extend Time. | | 08-05342
|
| 03/10/2008 | Motion | Filed Motion for Excess Pages. Opening Brief. | | 08-05884
|
| 03/13/2008 | Order/Procedural | Filed Order. Granting Motions and Filing Documents. The clerk shall file the opening brief and appendix receive on March 7, 2008. Answering Brief due: 30 days. | | 08-06265
|
| 03/13/2008 | Brief | Filed Opening Brief. | | 08-05752
|
| 03/13/2008 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 3. | | 08-05753
|
| 04/16/2008 | Motion | Filed Motion and Order Extending Time. Brief due: May 14, 2008. | | 08-09501
|
| 05/16/2008 | Brief | Filed Answering Brief. | | 08-12421
|
| 05/16/2008 | Appendix | Filed Appendix to Answering Brief. | | 08-12422
|
| 06/17/2008 | Motion | Filed Motion and Order Extending Time. Brief due: July 16, 2008. | | 08-15508
|
| 07/17/2008 | Motion | Filed Motion to Extend Time. | | 08-18348
|
| 07/18/2008 | Order/Procedural | Filed Order. Granting Motion. Reply Brief due: August 15, 2008. | | 08-18614
|
| 08/18/2008 | Motion | Filed Motion to Extend Time. | | 08-21174
|
| 08/22/2008 | Order/Procedural | Filed Order. Granting Motion. Reply Brief due: September 15, 2008. Counsel admonished. | | 08-21740
|
| 09/17/2008 | Brief | Filed Reply Brief. | | 08-24384
|
| 10/24/2008 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. | | 08-27298
|
| 10/24/2008 | Case Status Update | Submitted for Decision. | | |
| 02/20/2009 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 11, 2009 at 10:00 a.m. (NNP09-MC/NS/MG) | | 09-04495
|
| 02/26/2009 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | 09-04972
|
| 03/11/2009 | Case Status Update | Submitted for Decision. | | |
| 06/30/2009 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP09-MC/NS/MG. | | 09-16154
|
| 07/21/2009 | Motion | Filed Motion to Extend Time. | | 09-17815
|
| 07/22/2009 | Order/Procedural | Filed Order Granting Motion. Appellant's petition for rehearing due: August 3, 2009. No further extensions shall be permitted absent extreme and unforseeable circumstances. | | 09-17914
|
| 08/03/2009 | Notice/Incoming | Filed Notice. Motion to Inform the Court that Rehearing Will Not be Requested. | | 09-18888
|
| 08/07/2009 | Order/Procedural | Filed Order. No action is required on the August 3, 2009 motion. The clerk of this court is directed to issue the remittitur in this matter without any further delay. | | 09-19260
|
| 08/07/2009 | Remittitur | Issued Remittitur. | | 09-19339
|
| 08/07/2009 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/14/2009 | Remittitur | Filed Remittitur. Received by County Clerk on August 10, 2009. | | 09-19339
|