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United States Court Cases

Nevada Supreme/Appellate Court Record

BENNETT (CORINNE) VS. STATE C/W 32295

Case Information: 32320
Short Caption:BENNETT (CORINNE) VS. STATE C/W 32295Court:Supreme Court
Consolidated: 32295 *, 32320Related Case(s): 32295
Lower Court Case(s):Washoe Co. - Second Judicial District - CR922166Classification:Criminal Appeal - Life - Direct
Disqualifications:AgostiCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:12/14/1999 at 9:00 AMOral Argument Location:Carson City
Submission Date:12/14/1999How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/08/1998Filing Fee Filing Fee Waived.
05/08/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day.
05/13/1998Notice/IncomingFiled Notice. Of Motion and Motion to Withdraw as Counsel of Record.
05/15/1998Notice/IncomingFiled Notice. Appearance of Counsel. Grenville Thomas Pridham has assumed the representation of Repondent.
06/04/1998Order/ProceduralFiled Case Processing Order. Appellant filed her notice of appeal in proper person. It appears that appellant was represented by N. Patrick Flanagan during the lower court proceedings. Counsel is ordered to comply with NRAP 3C Fn1[On May 13, 1998, N. Patrick Flanagan filed a motion to withdraw as counsel of record. Because Flanagan has not complied with NRAP 3C(b), the motion to withdraw is denied.] and within 10 days from the date of this order, file a transcript request form or a certificate stating that no transcript is required and counsel shall file a fast track statement within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. ORDER VACATED 7/20/98.
07/14/1998MotionFiled Motion. For Reconsideration and Removal from Fast Track,
07/20/1998Order/ProceduralFiled Case Processing Order. On May 13, 1998, Flanagan filed a motion to withdraw as counsel of record. Because this court misapprehended that this appeal was subject to the provisions of NRAP 3C, the motion was denied on June 4, 1998. This court has reconsidered its order, and cause appearing, we vacate our order of June 4, 1998. Flanagan's motion to withdraw is granted. We remand this appeal to the district court for a determination of whethter appellant is indigent. If indigent it shall appoint counsel to represent appellant within 30 days of the date of this order. If not indigent, the district court shall forthwith inform appellant of its determination. Appellant shall have 30 days from the date of the determination that he is not indigent to secure counsel and have counsel enter an appearance with this court. The clerk of the district court shall promptly file with the clerk of this court a copy of the order of appointment of counsel or determination of non-indigency. If appointed the clerk of the district court shall serve a copy of this order on the attorney appointed and provide proof of such service to this court. Whether appointed or retained counsel shall enter appearance with this court within 10 days of the date of appointment or retention. Counsel shall file the docketing statement within 20 days of the date of first appearance in this court and shall have 120 days from the date of first appearance in this court to file an opening brief. Briefing shall then proceed pursuant to NRAP 31(a)(1).
07/30/1998Other Other. Filed certified copy of Order Appointing Public Defender filed in district court on July 24, 1998.
08/03/1998Other Other. Filed Notice of Appearance. John Reese Petty, Chief Deputy Washoe County Public Defender, appointed as counsel for appellant.
08/03/1998MotionFiled Motion. To Withdraw as Counsel on Appeal Due to a Conflict of Interest and Request for Appointment of New Counsel.
08/26/1998Order/ProceduralFiled Case Processing Order. We grant the Washoe County Public Defender's motion to withdraw as counsel of record for appellant due to a conflict of interest. Furthermore, we remand this appeal to the district court for the limited purpose of appointing new counsel to represent appellant herein. The district court shall appoint new counsel and serve a copy of this order of remand on appointed counsel within 30 days of the date of this order. Within 5 days of the district court's appointment of counsel, the district court shall transmit to the clerk of this court a copy of its order. Appointed counsel shall, within 15 days of appoinment, file a notice of appearance with the clerk of this court. Fn1[All filing deadlines, including those set forth in NRAP 9, NRAP 14, and NRAP 31(a)(1), shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court.
08/28/1998MotionFiled Response to Motion. To Withdraw as Counsel of Record.
09/03/1998Other Other. Filed Certificate of Mailing.
09/17/1998Notice/IncomingFiled Notice. Appearance of Counsel (docketing statement mailed to counsel for appellant).
09/18/1998Other Other. Filed Amended Order Appointing Counsel filed in the district court on September 14, 1998.
10/02/1998MotionFiled Motion. To Consolidate Cases 32295 and 32320, and Motion for Extension of Time to File State's Answering Brief. 32295, 32320.
10/07/1998MotionFiled Response to Motion. To Consolidate. (32295, 32320)
10/07/1998MotionFiled Response to Motion. Opposition to Motion to Consolidate Cases 32295 and 32320. Stipulation to Request for Extension of Time to File State's Answering Brief. (32295, 32320)
10/07/1998Docketing StatementFiled Docketing Statement.
10/07/1998MotionFiled Motion. To Reset Briefing Schedule.
10/19/1998Order/ProceduralFiled Case Processing Order. On October 2, 1998, the state moved this court to consolidate these appeals and for an extension of time to file a single answering brief. Fn1[On October 7, 1998, Bennett's newly appointed counsel filed a motion in this court requesting an extension of time to and including January 15, 1999, to file the opening brief. As discussed below, we grant this motion in part.] We decline to consolidate these appeals at this time. The state shall have to and including November 20, 1998, to file and serve the answering brief in docket no. 32295. Thereafter, Fullerton shall have to and including December 21, 1998, to file and serve the reply brief. In Docket No. 32320, Bennett shall have to and including December 31, 1998, to file and serve the opening brief and appendix. The state shall have to and including January 29, 1999, to file and serve the answering brief and any separate appendix. Fn2[Following the filing of the answering brief in Docket No. 32320, the state may renew its motion to consolidate these matters for the purposes of oral argument.] Bennett's reply brief shall be filed and served on or before February 26, 1999. This court reserves the right to consolidate these appeals for the purposes of oral argument if warranted. Nos. 32295, 32320.
12/31/1998MotionFiled Motion and Order Extending Time. That appellant may file a brief in excess of 30 pages, to wit: 42 pages.
12/31/1998BriefFiled Brief. Appellant's Opening Brief.
12/31/1998AppendixFiled Appendix. Appellant's Appendix-Volumes 1 and 2.
01/29/1999MotionFiled Stipulation and Order. That respondent may have to and including March 1, 1999, within which to file the answering brief.
03/03/1999BriefFiled Brief. Respondent's Answering Brief. (Mailed on: 3/1/99) STRICKEN 3/23/99
03/10/1999MotionFiled Motion. To File Amended Answering Brief.
03/10/1999BriefReceived Brief. State's Amended Answering Brief.
03/23/1999Order/ProceduralFiled Case Processing Order. We grant respondent's motion. The clerk shall forthwith file the amended answering brief provisionally submitted on March 10, 1999, and strike the original answering brief previously filed on March 3, 1999. Appellant shall file and serve the reply brief herein by April 2, 1999. (STRICKEN BY ORDER: Respondent's Answering Brief filed March 3, 1999.)
03/23/1999BriefFiled Brief. State's Amended Answering Brief. Mailed on: 3/8/99.
04/01/1999BriefFiled Brief. Appellant's Reply Brief. (Mailed on: Fed-ex 3/31/99.)
04/07/1999Order/ProceduralFiled Case Processing Order. Cause appearing, we hereby consolidate the above-entitled appeals for all remaining appellate purposes. Nos. 32295, 32320.
04/12/1999MotionFiled Motion. To Consolidate cases 32295 and 32320 and Motion for Extension of Time to File State's Appendix (nos. 32295 & 32320).
04/14/1999Order/ProceduralFiled Case Processing Order. On April 12, 1999, respondent filed a motion to consolidate the above-entitled appeals and for an extension of time to file a respondent's appendix. Because this court consolidated these appeals by order entered April 7, 1999, we deny the motion to consolidate as moot. Respondent shall, within 7 days from the date of this order, serve and file appendix. Nos, 32295, 32320.
05/10/1999OtherDisqualification of Justice Agosti. Justice Agosti disqualified from participation in this matter.
06/03/1999AppendixReceived Appendix. Respondent's Appendix. (Per DL, called for extension of time to file.) Nos. 32295, 32320.
06/07/1999MotionFiled Motion to Extend Time. To File State's Appendix. Nos. 32295, 32320.
07/12/1999Order/ProceduralFiled Case Processing Order. Granting Motion for Extension of Time. In the interest of judicial economy, we grant respondent's motion and direct the clerk to file respondent's appendix forthwith. Nos. 32295, 32320.
07/12/1999AppendixFiled Appendix. Respondent's Appendix. Mailed on: 6/1/99. Nos. 32295, 32320--appendix in No. 32295.
08/11/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for October 12, 1999 at the hour of 9:00 a.m.--1/2 hour in Carson City. (NNP99B-RR, CY, ML). 32295, 32320
08/17/1999MotionFiled Motion. To reset oral argument. Nos, 32295, 32320.
08/19/1999MotionFiled Response to Motion. Opposition to Motion to reset oral argument. Nos. 32295, 32320.
08/24/1999Other Other. Returned, unfiled, Response to Opposition to Motion to Reset Oral Argument. (nos. 32295, 32320.)
08/25/1999MotionFiled Response to Motion. Response to Fullerton's motion to reset oral argument (nos. 32295 & 32320).
08/27/1999MotionFiled Motion. For permission to file Reply to Opposition to Motion to reset oral argument. 32295, 32320
09/02/1999Order/ProceduralFiled Case Processing Order. Granting Motion to Continue Oral Argument. These consolidated appeals are currently scheduled for oral argument on October 12, 1999, at 9:00 a.m. before the Northern Nevada Panel in Carson City. We grant appellant Fullerton's motion. We vacate the oral argument currently scheduled in this matter. The clerk shall reschedule these appeals for oral argument on the Northern Nevada Panel's next available argument calander. Fn1[Appellant Fullerton's motion for leave to file a reply to appellant Bennett's opposition is denied.] Nos. 32295, 32320.
10/22/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for Tuesday, December 14, 1999 at the hour of 9:00 a.m. - 1/2 hour in Carson City. (NNP99B-RR, CY, ML). 32295, 32320
11/29/1999Notice/OutgoingIssued Notice. Oral Argument reminder notice. 32295, 32320
12/14/1999Other Other. Oral Argument before the Northern Nevada Panel: submitted. NNP99B-RR/CY/ML Nos. 32295, 32320.
12/14/1999Case Status Update Submitted for Decision.
04/06/2000Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, reversed in part and remanded." fn5[The Honorable Deborah A. Agosti, Justice, voluntarily recused herself from the decision of this matter.] Before Rose, C.J., Young and Leavitt, JJ. Per Curiam. 116 Nev. Adv. Opn. No. 48. NNP99B-RR/CY/ML Nos. 32295, 32320. Document No. 00-05531. 01-01665
04/19/2000MotionFiled Motion to Extend Time. Motion for Extension of time to file Petition for Rehearing and a Stay of Remittitur Pending Filing of Motion. Nos. 32295, 32320. Document No. 00-06234.
04/20/2000Order/ProceduralFiled Order Granting Motion. Respondent's petition for rehearing shall be served and filed on or before May 12, 2000. Nos. 32295, 32320. Document No. 00-06370.
05/12/2000Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing. Nos. 32295, 32320. Document no. 00-07978
05/12/2000MotionFiled Motion. Motion for Leave to File Brief of Amicus Curiae North American Securities Administrators Association, Inc. in Support of the State of Nevada's Motion for Rehearing. Nos. 32295, 32320. Document no. 00-07983
05/12/2000BriefReceived Amicus Brief. Mailed on: 5/11/00 Fed-Ex. Nos. 32295, 32320. Document No. 00-07985
09/19/2000Opinion/DispositionalFiled Opinion on Rehearing. "Petition granted in part, denied in part; opinion clarified; remanded." fn1[The State has petitioned for leave to allow an interested organization, North American Securities Administrators Association, Inc., to file an amicus brief in support of the State's rehearing petition. We grant the motion . The clerk of this court shall forthwith file the previously received brief.] Before Rose, C.J., Young and Leavitt, JJ. Per Curiam. 116 Nev. Adv. Opn. No. 98. NNP99B-RR/CY/ML Document No. 00-16497 01-01665
09/19/2000BriefFiled Amicus Brief. Brief of Amicus Curiae North American Securities Administrators Association, Inc. in Support of the State of Nevada's Motion for Rehearing. Nos. 32295, 32320. Document No. 00-07985.
10/17/2000RemittiturIssued Remittitur. 00-16600
10/17/2000Case Status Update Remittitur Issued/Case Closed.
10/25/2000RemittiturFiled Remittitur. Received by County Clerk on October 23, 2000. 00-16600