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United States Court Cases

Nevada Supreme/Appellate Court Record

STATE VS. CONTRERAS (JULIAN)

Case Information: 35800
Short Caption:STATE VS. CONTRERAS (JULIAN)Court:Supreme Court
Related Case(s): 40799 , 48672 , 62307
Lower Court Case(s):Carson City - First Judicial District - 9801636CClassification:Criminal Appeal - Other - Pretrial
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/15/2001 at 1:30 PMOral Argument Location:Carson City
Submission Date:10/15/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/17/2000Filing Fee Filing Fee Waived.
03/17/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). 00-04321
03/20/2000Other Other. Upon further review, it has been determined that this is a fast track appeal. (Fast track notice mailed to all counsel).
03/28/2000TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: February 18, 2000. Court Reporter: Deborah Middleton Greco. 00-04985
04/24/2000Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement due: May 2, 2000. 00-06563
05/04/2000Fast Track BriefFiled Fast Track Statement. 00-07330
05/04/2000AppendixFiled Appendix to Fast Track Statement. 00-07331
05/18/2000Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due from respondent Rocky Neil Boice, Jr.: May 31, 2000. 00-08315
05/22/2000Fast Track BriefFiled Fast Track Response. (Frederick Gene Fred) 00-08525
05/22/2000AppendixFiled Appendix to Fast Track Response. (Frederick Gene Fred) 00-08526
05/22/2000MotionFiled Motion to Dismiss Appeal. Defendant Clint Garrett Malone's Motion to Dismiss Appeal. 00-08527
05/22/2000Fast Track BriefFiled Fast Track Response. (Clint Garett Malone) 00-08529
05/22/2000Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due from respondent Julian Contreras: June 1, 2000. 00-08564
05/22/2000Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due from respondent Jaron Malone: June 1, 2000. 00-08565
05/23/2000Fast Track BriefFiled Fast Track Response. (Lew Robert Dutchy). 00-08589
05/23/2000MotionFiled Motion. Notice of Joinder in Respondent Clint Garett Malone's Motion to Dismiss Appeal. 00-08591
05/23/2000Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due from rrespondent Elvin Lee Fred: June 1, 2000. 00-08613
05/23/2000MotionFiled Motion. Notice of Joinder: to Defendant's Garett Malone's Motion to Dismiss Appeal and Fast Track Response. (Jessica Evans) 00-08637
05/23/2000Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due from respondent Sylvia Joy Fred: June 1, 2000. 00-08639
05/25/2000MotionFiled Motion. Notice of Joinder. (Michael Kizer) 00-08880
05/31/2000Fast Track BriefFiled Fast Track Response. Fast Track Response by Julian C. Contreras. 00-09144
05/31/2000Notice/IncomingFiled Joinder. Notice of Joinder (Jaron Malone). 00-09192
05/31/2000Fast Track BriefFiled Fast Track Response. (Rocky Neil Boice, Jr.) 00-09195
05/31/2000AppendixFiled Appendix to Fast Track Response. (Rocky Neil Boice, Jr.) 00-09196
06/01/2000MotionFiled Motion. Respondent Elvin Fred's Joinder in Clint Garett Malone's Motion to Dismiss Appeal. 00-09237
06/01/2000MotionFiled Motion. Respondent Elvin Fred's Joinder in Fast Track Responses Filed by Lew Robert Dutchy, Clint Garett Malone and Frederick Gene Fred. 00-09238
06/01/2000MotionFiled Motion. (Sylvia Joy Fred) 00-09276
06/06/2000MotionFiled Response to Motion. State of Nevada's Opposition to Motion to Dismiss Appeal Brought by Clint Garett Malone and Joined in by Other Defendants. 00-09572
06/21/2000MotionFiled Motion. Respondent Rocky Boice, Jr.'s Joinder in Clint Garett Malone's Motion to Dismiss Appeal. 00-10644
08/30/2000MotionFiled Motion. 00-15333
09/20/2000Order/ProceduralFiled Order. We conclude that this court has jurisdiction to entertain this appeal, and the motion to dismiss is denied. On August 30, 2000, counsel for respondent Julian C. Contreras filed a motion to withdraw as attorney of record. Cause appearing, the motion is granted. In the affidavit in support of the motion, counsel informs this court that his former partner, Robert B. Walker, has agreed to assume representation of Contreras. Accordingly, Walker shall enter an appearance in this court within 10 days of this order. After reviewing the douments submitted in this appeal, we have determined that full briefing will assist the court in the disposition of this appeal. Accordingly, we order the parties to brief this court in compliance with NRAP 28, 28A, 30, 31, and 32. The appellant shall file and serve the opening brief within 30 days after the date of this order. The answering briefs shall be filed within 30 days of service of the opening brief and the reply brief shall be filed within 20 days of service of the answering briefs. 00-16649
10/03/2000Notice/IncomingFiled Notice of Change of Address. Attorney Paul E. Quade. 00-17499
10/19/2000MotionFiled Motion and Order Extending Time. Brief due: November 20, 2000. 00-18592
10/31/2000Notice/IncomingFiled Notice of Appearance. Representing respondent Julian C. Contreras: Robert B. Walker. 00-19175
11/01/2000MotionFiled Response to Motion. Non-Opposition to Motion. 00-19215
11/20/2000MotionFiled Motion to Extend Time. Second Motion for Extension of Time in which to File Respondent's Opening Brief. 00-20393
11/21/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's opening brief shall be served and filed on or before November 27, 2000. 00-20465
11/29/2000BriefFiled Opening Brief. Mailed on: 11/27/00. 00-20845
12/19/2000MotionFiled Stipulation and Order. (Respondent Lew Robert Dutchy.) Brief due: January 29, 2001. 00-22131
12/21/2000MotionFiled Stipulation and Order. Brief due: January 26, 2001 (Respondent Malone). 00-22299
12/22/2000MotionFiled Motion and Order Extending Time. Brief due: January 29, 2001 (Respondent Frederick Fred). 00-22324
12/22/2000MotionFiled Stipulation and Order. Brief due: January 29, 2001. (Respondent Rocky Boice) 00-22340
12/22/2000MotionFiled Stipulation and Order. Brief due: January 29, 2001. (Respondent Jaron Malone) 00-22351
12/26/2000MotionFiled Stipulation and Order. Brief due: February 1, 2001. (Respondent Elvin Fred) 00-22419
12/29/2000MotionFiled Stipulation and Order. Brief due: January 26, 2001. 00-22731
01/04/2001MotionFiled Stipulation and Order. Brief due: January 26, 2001. (Respondent Michael L. Kizer) 01-00216
01/22/2001BriefFiled Answering Brief. Respondent Clint Garett Malone's Answering Brief.Mailed on: 01/19/01. 01-01376
01/23/2001Order/ProceduralFiled Order. To date, respondents Julian C. Contreras and Jessica Evans have failed to file their answering briefs or otherwise communicate with this court and shall have 10 days from the date of this order to file and serve their answering briefs. Failure to comply timely with this order may result in the imposition of sanctions against respondents' counsel. 01-01446
01/25/2001MotionFiled Motion. Respondent Jaron Malone gives notice that he has joined in respondent Clint Garett Malone's Answering Brief. 01-01692
01/26/2001MotionFiled Motion. Respondent Michael Kizer joins in the briefs filed by the other respondents. 01-01797
01/29/2001BriefFiled Answering Brief. Respondent Rocky Neil Boice, Jr.'s Answering Brief. Mailed on: Hand delivered 01/29/01. 01-01893
01/29/2001AppendixFiled Appendix to Answering Brief. Respondent Rocky Neil Boice, Jr.'s Appendix. 01-01894
01/29/2001BriefFiled Answering Brief. Respondent's (Frederick Gene Fred) Answering Brief. Mailed on: 01/26/01. 01-01904
01/29/2001AppendixFiled Appendix to Answering Brief. Respondent's (Frederick Gene Fred) Appendix. 01-01905
01/29/2001BriefFiled Answering Brief. Respondent Lew Robert Dutchy. Mailed on: Hand delivered 01/29/01. 01-01923
01/30/2001BriefFiled Joinder to Brief. John Oakes on behalf of the Respondent Jessica Evans gives notice that he has joined in the Respondent Clint Garett Malone's Answering Brief. 01-02016
01/30/2001BriefFiled Joinder to Brief. Sylvia Joy Fred by and through her attorney of record Paul E. Quade hereby gives notice that she joins in Respondent Jaron Malone's Answering Brief. 01-02017
01/31/2001Notice/IncomingFiled Certificate of Compliance. To Respondent Rocky Neil Boice, Jr.'s Answering Brief. Placed in original and all copies of brief. 01-02031
01/31/2001MotionFiled Motion. Rocky Boice, Jr., joins in the briefs filed by other respondents. 01-02034
02/01/2001BriefFiled Joinder to Brief. Respondent Elvin Fred's Notice of Joinder. 01-02173
02/02/2001BriefFiled Joinder to Brief. Respondent Julian C. Contreras hereby joins in and adopts by reference the answering briefs filed by the other Respondents. 01-02259
02/05/2001Notice/IncomingFiled Joinder. Notice of Joinder. Respondent Sylvia Joy Fred hereby gives notice that she joins in Defendant Lew Robert Dutchy's Answering Brief filed on or about January 29, 2001. 01-02294
02/13/2001BriefFiled Joinder to Brief. Sylvia Joy Fred joins in respondent Frederick Gene Fred's answering brief. 01-02848
02/13/2001BriefFiled Joinder to Brief. Sylvia Joy Fred joins in respondent Rocky Neil Boice's answering brief. 01-02849
03/05/2001MotionFiled Motion and Order Extending Time. Brief due: March 16, 2001. 01-04009
03/16/2001MotionFiled Motion to Extend Time. (Second Request). 01-04778
03/19/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's reply brief shall be served and filed on or before March 20, 2001. 01-04857
03/22/2001BriefFiled Reply Brief. Mailed on: 03/20/01. 01-05073
08/03/2001MotionFiled Motion for Stay. Application for Stay of District Court Proceedings pending Completion of Appellate Review of Order Granting Dismissal of First Degree Felony-Murder Charges. 01-13180
08/08/2001MotionFiled Response to Motion. Opposition to Application for Stay of District Court Proceedings pending Completion of Appellate Review of Order Granting Dismissal of First Degree Felony-Murder Charges. (Respondent Frederick Fred) 01-13396
08/09/2001MotionFiled Response to Motion. Opposition to Application for Stay of District Court Proceedings pending Completion of Appellate Review of Order Granting Dismissal of First Degree Felony-Murder Charges. (Respondent Lew Robert Dutchy) 01-13563
08/10/2001MotionFiled Motion. Notice of Joinder in Opposition to State's Motion for Stay (Michael Kizer). 01-13643
08/10/2001MotionFiled Motion. Respondent Jaron Malone's Notice of Joinder. 01-13645
08/10/2001MotionFiled Motion. Notice of Joinder (Rocky Neil Boice, Jr.). 01-13646
08/13/2001Notice/IncomingFiled Joinder. Notice of Joinder in Oppositions to Application for Stay of District Court Proceedings. (Clinton Garett Malone) 01-13757
08/13/2001MotionFiled Response to Motion. Opposition to Application for Stay of District Court Proceedings pending Completion of Appellate Review of Order Granting Dismissal of First Degree Felony-Murder Charges. (Elvin Lee Fred) 01-13758
08/15/2001Notice/IncomingFiled Joinder. Notice of Joinder in Opposition to Application for Stay (Julian C. Contreras). 01-13893
08/15/2001Notice/IncomingFiled Proof of Service. (Rocky Neil Boice, Jr.). 01-13895
08/16/2001Order/ProceduralFiled Order/Motion Granted in Part. Order Granting Motion for Stay and Scheduling Appeal for En Banc Argument. Good cause having been shown, the State's motion for a stay is granted in part. The trial currently scheduled below for September 11, 2001, and October 30, 2001, are hereby stayed pending this court's resolution of the instant appeal. In addition, this court has determined that oral argument will be of assistance in this appeal. Accordingly, the clerk of this court shall schedule this appeal for oral argument on this court's October 2001 en banc argument calendar. The oral argument shall be limited to 60 minutes. 01-13941
08/20/2001Notice/IncomingFiled Joinder. Notice of Joinder in Oppositions to Application for Stay of District Court Proceedings. (Sylvia Joy Fred) (No action required.) 01-14091
08/24/2001Letter/IncomingFiled Letter. from attorney Loren Graham. He will be out of the country on October 15 and 16, and is requesting that oral argument be scheduled for October 17, 2001. 01-14389
08/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on October 15, 2001, at 1:30 p.m. (En Banc)
09/20/2001Notice/OutgoingIssued Letter. to Loren Graham in response to his letter received on August 24, 2001.
10/01/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
10/15/2001Case Status Update Submitted for Decision. Before the En Banc Court. En Banc.
05/15/2002Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before the Court En Banc. By the Court, Becker, J. We concur: Young and Agosti, JJ. Maupin, C.J., concurring. Shearing, J., with whom Rose and Leavitt, JJ., agree, dissenting. 118 Nev. Adv. Opn. No. 34. EN BANC 02-08485
06/11/2002RemittiturIssued Remittitur. 02-08559
06/11/2002Case Status Update Remittitur Issued/Case Closed.
06/14/2002RemittiturFiled Remittitur. Received by County Clerk on June 12, 2002. 02-08559