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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 32142
Short Caption:HOLLAWAY (ROY) VS. STATE (DEATH PENALTY)Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C134644Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/14/1999 at 9:00 AMOral Argument Location:Carson City
Submission Date:06/14/1999How Submitted:

+ Party Information

Docket Entries
04/13/1998Filing Fee Filing Fee Waived.
04/13/1998Record on Appeal DocumentsFiled Record on Appeal. Vols. 1 through 4 (Copies).
04/20/1998Other Other. Received copy of Exhibit List and revised index from Clark County Clerk.
04/24/1998Order/ProceduralFiled Case Processing Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days to appoint counsel. Such counsel must be qualified to represent a defendant in a capital case. If appellant is not indigent, the district court shall order that appellant must retain counsel within 30 days and counsel must enter an appearance in the district court. Within five days from the appointment or appearance of counsel, the district court clerk shall transmit to this court a copy of the district court's written or minute order and serve a copy of this order of remand on appellant's counsel. Counsel shall have ten days to enter an appearance with the clerk of this court and seventy days to file an opening brief. Further briefing must conform to the schedule set forth in SCR 250 (IV) (G).
05/11/1998Notice of Appeal DocumentsReceived Documents from District Court Clerk. Received certified copy of Notice of Appointment of Counsel and district court minutes. David M. Schieck appointed as counsel for appellant. (Docketing statement mailed to counsel for appellant.)
05/14/1998Other Other. Remailed criminal docketing statement form to attorney David Schieck per telephone call.
05/15/1998Notice/IncomingFiled Notice. Notice of Appearance. David M. Schieck appointed as counsel for appellant.
05/22/1998Docketing StatementFiled Docketing Statement.
06/25/1998MotionFiled Motion. Motion to Supplement the Record on Appeal and Motion for Extension of time to file the Opening Brief.
07/27/1998TranscriptFiled Transcript. Filed certified copy of Transcript of Proceedings: 10/3/96. Court Reporter: Patsy K. Smith.
08/13/1998Order/ProceduralFiled Case Processing Order. Appellant shall, within 30 days of the date of this order, cause the district court clerk to certify and transmit, as a supplemental record on appeal, all of the transcripts of the district court proceedings in this matter. Appellant shall, within 60 days of the date of this order, file and serve an opening brief. Thereafter, briefing shall proceed in accordance with SCR 250 (IV) (G).
09/21/1998Record on Appeal DocumentsFiled Record on Appeal. Supplemental Record on Appeal: Vol. 5 (Copy).
10/13/1998MotionFiled Motion to Extend Time. Motion for Extension of Time to File Appellant's Opening Brief.
10/20/1998Order/ProceduralFiled Case Processing Order. Filed Order we grant appellant's motion for an extension of time, to and including October 26, 1998, to file the opening brief.
10/28/1998MotionFiled Motion and Order Extending Time. Appellant may file a brief in excess of 30 pages, to wit: 34 pages.
10/28/1998BriefFiled Brief. Appellant's Opening Brief. (Mailed on: 10/26/98).
12/29/1998BriefFiled Brief. Respondent's Answering Brief. (Mailed on: Express-No postmark).
02/11/1999MotionFiled Motion to Extend Time. Motion for Extension of Time to File Reply Brief.
03/15/1999MotionFiled Motion to Extend Time. Second Motion for Extension of Time to File Reply Brief.
03/18/1999Order/ProceduralFiled Case Processing Order. Appellant shall serve and file the reply brief on or before March 20, 1999. No further extensions of time shall be granted absent extreme and unforseeable circumstances. We direct the clerk of this court to schedule this matter for en banc oral argument on this court's next available en banc calender.
03/22/1999BriefFiled Brief. Appellant's Reply Brief. (Mailed on: 3/19/99).
04/14/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for June 14, 1999 at the hour of 9:00 a.m.-1 hour in Carson City. (En Banc Panel).
05/25/1999Notice/OutgoingIssued Notice. Issued Reminder Notice for Oral Argument.
06/14/1999Other Other. Oral Argument before the En Banc Court: Submitted. En Banc.
06/14/1999Case Status Update Submitted for Decision.
09/21/1999Notice/OutgoingIssued Notice. Issued letter to Clark County Clerk requesting (1) State's Exhibit No. 1 (audiotape); and (2) State's Exhibit No. 3P (audiotape).
09/23/1999ExhibitReceived Exhibits (copies). State's Exhibit No. 1 (audiotape); and State's Exhibit No. 3P (audiotape). (in manila envelope)
08/23/2000Opinion/DispositionalFiled Authored Opinion. "Conviction affirmed; sentence reversed; remanded for new penalty hearing." Before the Court En Banc. By the Court, Shearing, J. We concur: Agosti, J., Becker, J. Rose, C.J., concurring. Maupin, J., concurring. Young, J., with whom Leavitt, J., joins, dissenting. 116 Nev. Adv. Opn. No. 83. En Banc. 00-14778
09/19/2000RemittiturIssued Remittitur. Returned this day Exhibits: State's Exhibit no. 1 (audiotape); and State's Exhibit No. 3P (audiotape). 00-14879
09/19/2000Case Status Update Remittitur Issued/Case Closed.
10/25/2000RemittiturFiled Remittitur. Received by County Clerk on October 4, 2000. 00-14879