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United States Court Cases

Nevada Supreme/Appellate Court Record

EMIL (RODNEY) VS. DIRECTOR

Case Information: 35752
Short Caption:EMIL (RODNEY) VS. DIRECTORCourt:Supreme Court
Related Case(s): 50044
Lower Court Case(s):Clark Co. - Eighth Judicial District - C79346Classification:Criminal Appeal - Life - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/25/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/08/2000OtherDisqualification of Justice Maupin. Sat in district court proceedings.
03/08/2000Filing Fee Filing Fee Waived.
03/08/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). 00-03674
03/21/2000Docketing StatementFiled Docketing Statement. 00-04474
03/22/2000Other Other. Upon further review, Justice Maupin has decided he does not need to be recused from this matter as long as the cases are unrelated.
04/21/2000Order/ProceduralFiled Order/Show Cause. Appellant shall, within 10 days of the date of this order, file the transcript request form or certificate of no transcript request, or show cause why sanctions should not be imposed against counsel for appellant. 00-06396
05/01/2000Transcript RequestFiled Certificate of No Transcript Request. 00-07020
07/06/2000MotionFiled Stipulation and Order. Brief due: August 7, 2000. 00-11515
08/08/2000MotionFiled Motion to Extend Time. (First request.) 00-13724
08/11/2000Order/Clerk'sFiled Clerk's Order. Appellant shall have a 30 days extension of time, to and including September 6, 2000, to file and serve the opening brief and appendix. 00-14044
09/08/2000MotionFiled Motion and Order/Excess Pages. Granted: 31 pages. 00-15882
09/08/2000BriefFiled Opening Brief. Mailed on: 9/5/00. 00-15903
09/08/2000AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 00-15904
10/10/2000BriefFiled Answering Brief. Mailed on: Express-No postmark. 00-17850
11/09/2000MotionFiled Stipulation and Order. Brief due: December 13, 2000. 00-19749
11/29/2000MotionFiled Motion to Extend Time. (Second request) 00-20824
12/04/2000Order/Clerk'sFiled Clerk's Order Granting Motion. The motion filed November 29, 2000, is granted. Appellant's reply brief shall be served and filed on or before December 28, 200. 00-21072
12/26/2000MotionFiled Motion to Extend Time. (Second Request) 00-22411
12/27/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion filed on December 26, 2000, requesting a third extension of time, to and including February 12, 2001, to file and serve the reply brief. No further extensions of time shall be premitted in the absence of extreme and unforeseeable circumstances. 00-22572
02/12/2001Notice/IncomingFiled Notice of Change of Address. (Patricia Erickson). 01-02784
02/14/2001MotionFiled Motion. Petitioner's Request for Court to Take Judicial Notice of Court Records. 01-02919
02/26/2001MotionFiled Response to Motion. Opposition to Petitioner's Request for Court to Take Judicial Notice of Court Records. 01-03597
03/02/2001Notice/IncomingFiled Notice of Change of Address. Amended. Attorney Patricia Erickson. 01-03849
07/12/2001Order/ProceduralFiled Order. To date, appellant has not filed a reply brief. Appellant shall have 10 days from the date of this order to file a reply brief, if deemed necessary. We caution appellant that failure to timely file a reply brief may be treated as an election not to file a reply brief. 01-11832
07/25/2001BriefFiled Reply Brief. Mailed on: LV Drop Box 07/23/01. 01-12629
07/25/2001Case Status Update Submitted for Decision.
12/04/2001Order/DispositionalFiled Order of Affirmance. fn1[On February 14, 2001, appellant Emil moved this court to take judicial notice of the brief and appendix of the Federal Public Defender, amicus curiae, in Pellegrini v. State, 117 Nev. ___, ___ P.3d ___(Adv. Op. No. 71, November 15, 2001). The State opposes Emil's motion. Having rejected appellant Pellegrini's claims as supported by the amicus filings in that appeal, we deny Emil's motion.] fn17[We note that Emil's counsel states in Emil's briefs filed with this court, "All of the facts enunciated at App. p.39-44, as enunciated in Claim Five of the Petition For Writ of habeas Corpus (Post Conviction), are specifically incorporated herein by reference." Counsel's attempt to incorporate documents by reference is unacceptable and we admonish counsel to adhere to the Nevada Rules of Appellate Procedure in the future.] Having considered Emil's contentions and concluded that they lack merit, we "ORDER the judgment of the district court AFFIRMED." fn23[We have also considered Emil's claims related to the adequacy of the district court's findings of fact and conclusions of law and his claims related to whether he was denied any rights by the procedure followed in the district court. We conclude that these claims lack merit and do not warrant further discussion.] NNP02-MS/RR/NB 01-20259
12/21/2001MotionFiled Motion to Extend Time. 01-21546
12/21/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed December 21, 2001. Appellant shall file and serve a petition for rehearing by January 11, 2001. 01-21582
01/10/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: January 9, 2002. 02-00698
03/08/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40( c). NNP02-MS/RR/NB 02-04218
03/26/2002RemittiturIssued Remittitur. 02-04272
03/26/2002Case Status Update Remittitur Issued/Case Closed.
04/15/2002RemittiturFiled Remittitur. Received by County Clerk on March 26, 2002. 02-04272