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United States Court Cases

Nevada Supreme/Appellate Court Record

BUCHANAN (DENISE) VS. STATE

Case Information: 34866
Short Caption:BUCHANAN (DENISE) VS. STATECourt:Supreme Court
Related Case(s): 45174
Lower Court Case(s):Washoe Co. - Second Judicial District - CR980262Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/15/2001 at 11:00 AMOral Argument Location:Carson City
Submission Date:10/15/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/22/1999Filing Fee Filing Fee Waived.
09/22/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for Appellant). 99-09041
09/30/1999Docketing StatementFiled Docketing Statement. 99-09365
09/30/1999Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: March 16, 17, 19, 22, 24, 30, 31; April 2, 12, 1999 and August 20, 1999. To Court Reporter: L. Clarkson; Proceedings: March 23, 1999. To Court Reporter: N. Alexander; Proceedings: March 26, April 5, 6, 7, 9 and 13, 1999. Court Reporter: K. Yates; Proceedings: March 29, 30, 31, 1999. Court Reporter: E. Nelson; Proceedings: March 7, 1999. Court Reporter: D. Phipps; and Proceedings: March 11, 1999. Court Reporter: C. Brown. 99-09366
10/21/1999MotionFiled Motion to Extend Time. Filed by court reporter Eric V. Nelson. 99-10319
10/25/1999Order/Clerk'sFiled Clerk's Order. Court reporter Nelson shall have 7 days from the date of this order to submit the missing documents (requisite affidavit or proof of service). 99-10399
10/28/1999Notice/IncomingFiled Affidavit. Affidavit and Certificate of Service from Court Reporter Eric V. Nelson. 99-10579
11/04/1999Order/Clerk'sFiled Clerk's Order. The transcripts shall be served and filed on or before November 29, 1999. 99-10805
11/24/1999TranscriptFiled Transcript. Proceedings: March 10, 1999, March 12, 1999, March 17, 1999, March 19, 1999, March 22, 1999, March 23, 1999 (vols. 4, 4a and 4b); March 24, 1999, March 26, 1999, March 29, 1999, March 30, 1999, March 31, 1999, April 2, 1999, April 5, 1999, April 6, 1999, April 7, 1999, April 9, 1999, April 13, 1999, August 20, 1999 (2). Court Reporter: Sierra Nevada Reporters. 99-11793
01/24/2000MotionFiled Stipulation and Order. Brief due: February 21, 2000. 00-01118
02/25/2000MotionFiled Motion to Extend Time. 00-03047
03/01/2000Order/Clerk'sFiled Clerk's Order. The appellant's opening brief and appendix shall be served and filed on or before March 23, 2000. 00-03237
03/22/2000MotionFiled Motion to Extend Time. 00-04567
03/24/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including April 24, 2000 to file and serve the opening brief and appendix. No further extensions of time shall be permitted in the absence of extreme and unforeseeable circumstances. 00-04767
04/27/2000MotionFiled Motion to Extend Time. 00-06879
04/28/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have 7 days from the date of this order within to file and serve the opening brief and appendix. 00-06924
05/02/2000MotionFiled Motion for Excess Pages. Motion for Leave to File Opening Brief in Excess of 30 Pages. 00-07103
05/22/2000Order/ProceduralFiled Order Granting Motion. On May 2, 2000, appellant filed a motion to file a fifty one page opening brief. We grant appellant's unopposed motion. The clerk shall forthwith file appellant's opening brief and appendix provisionally submitted on May 2, 2000. Appellant shall have 10 days from the date of this order to inform this court in writing whether all the requested transcripts have been filed with this court. Should appellant determine that not all the requested transcripts have been filed, appellant shall specify in writing precisely which transcripts still remaind to be filed and the court reporter responsible for the preparation of each individual transcript. 00-08467
05/22/2000BriefFiled Opening Brief. 00-07104
05/22/2000AppendixFiled Appendix to Opening Brief. Volumes 1, 2 and 2 (continued). 00-07105
06/05/2000MotionFiled Response to Order to Show Cause. 00-09464
06/12/2000Order/ProceduralFiled Order. On June 5, 2000, appellant filed a response to our May 22, 2000, order. Accordingly, appellant shall have 10 days from the date of this order to serve and file in this court a supplemental appendix containing the transcript of proceedings held on April 12, 1999. The transcripts requested for March 7, 11, and 16, 1999, and which have not been filed with this court, "are not necessary for this appeal." Pursuant to appellant's response, no further transcripts are required to be filed in this appeal. 00-09888
06/21/2000AppendixFiled Appendix. Supplemental Joint Appendix. 00-10642
06/22/2000MotionFiled Stipulation and Order. Brief due: July 21, 2000. 00-10701
07/21/2000MotionFiled Motion to Extend Time. 00-12644
07/26/2000Order/Clerk'sFiled Clerk's Order. Respondent's answering brief shall be served and filed on or before August 21, 2000. 00-12924
08/25/2000MotionFiled Motion for Excess Pages. 00-14954
08/29/2000MotionFiled Motion. Motion to Transmit State Exhibits. 00-15166
10/06/2000Order/ProceduralFiled Order Granting Motion. We grant respondent's unopposed motion of August 25, 2000. The clerk of this court shall forthwith file respondent's answering brief which was provisionally submitted on August 23, 2000. We grant respondent's unopposed motion of August 29, 2000. We direct the district court to certify and transmit the birth certificates of Joey, Joshua, Jeremiah, John and Jacab Leal and Denise Buchanan's statement to the Reno Police Department Detectives. 00-17719
10/06/2000BriefFiled Answering Brief. Mailed on: 8/21/00.
10/06/2000AppendixFiled Appendix to Answering Brief.
11/08/2000MotionFiled Stipulation and Order. Brief due: December 6, 2000. 00-19682
12/07/2000MotionFiled Motion to Extend Time. 00-21480
12/12/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's reply brief shall be served and filed on or before January 5, 2001. 00-21668
01/08/2001Notice/OutgoingIssued Notice of Deficient Brief. Returned Unfiled Appellant's Reply Brief. Corrected brief due: 10 days.
01/18/2001BriefFiled Reply Brief. Attached Appendix contains two internet articles. Mailed on: 01/17/01. 01-01150
05/02/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 15, 2001 at 8:30 a.m. (En Banc)
05/02/2001Order/ProceduralFiled Order. Appellant filed a reply brief on January 18, 2001. The reply brief cites to two internet articles attached to the reply brief as an appendix. We will consider the two internet articles when reviewing this appeal, to the extent that the articles are presented to support appellant's argument. To the extent that the articles are presented to bolster the facts underlying this appeal, we will disregard the two internet articles. 01-07401
05/09/2001MotionFiled Motion. Motion to Vacate Oral Argument Setting. 01-07764
05/23/2001Order/ProceduralFiled Order Granting Motion. Order Continuing Oral Argument. We vacate the oral argument currently scheduled for June 15, 2001, at 8:30 a.m. We direct the clerk of this court to reschedule this appeal for en banc oral argument in September 2001. Argument shall be limited to 30 minues. 01-08637
05/25/2001Order/ProceduralFiled Order Granting Motion. Corrected Order Continuing Oral Argument. We vacate the oral argument currently scheduled for June 15, 2001, at 8:30 a.m. We direct the clerk of this court to reschedule this appeal for en banc oral argument in October 2001. Argument shall be limited to 30 minues. 01-08781
08/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on October 15, 2001, at 11:00 a.m. (En Banc)
10/01/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
10/15/2001Case Status Update Submitted for Decision. Before the En Banc Court. En Banc.
10/25/2001Order/ProceduralFiled Order. Order Requiring Supplemental Briefing. This matter was argued before the en banc court on October 15, 2001. During the oral argument, the court expressed concern that the jury heard evidence regarding the statistical probability of th defendant's guilt. The court has determined to require supplemental briefing on this issue. The parties shall have 14 days from the dte of this order to file supplemental briefs addressing the issue of whether such statistical probability evidence is admissible and whether the admission of this type of evidence constitutes reversible error in this case. 01-17976
11/05/2001BriefFiled Supplemental Brief. Respondent's Supplemental Answering Brief. 01-18450
11/09/2001MotionFiled Stipulation. (Appellant's Supplemental Brief) 01-18797
11/14/2001Order/Clerk'sFiled Clerk's Order Approving Stipulation. filed November 9, 2001. Appellant shall have until November 16, 2001, to file and serve her supplemental brief. 01-18931
11/19/2001BriefFiled Supplemental Brief. Appellant's Supplemental Brief. 01-19311
01/17/2003Order/ProceduralFiled Order. The Honorable Cliff Young, Senior Justice, is assigned to participate in the determination of this appeal. The Honorable Mark Gibbons, Justice, will not participate in the decision of this case. EN BANC-Agosti, C.J., Shearing, Rose, Leavitt, Becker, and Maupin, JJ., Young, Sr. J. 03-00963
05/30/2003Opinion/DispositionalFiled Authored Opinion. "Affirmed." fn17[The Honorable Cliff Young, Senior Justice, having participated in the oral argument and deliberations of this matter as a Justice of the Nevada Supreme Court, was assigned to participate in the determination of this appeal following his retirement. Nev. Const. Art. 6, sec. 19; SCR 10. The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.], Before the Court EN BANC. Author: Shearing, J. We concur: Agosti, C.J., Becker and Maupin, JJ., and Young, Sr.J. Rose, J., with whom Leavitt, J., agrees, concurring. 119 Nev. Adv. Opn. No. 25. EN BANC. 03-09015
06/24/2003RemittiturIssued Remittitur. Returned Exhibits: State's Exhibits - 1, 2, 3, 4, 5 and 129 this day. 03-09198
06/24/2003Case Status Update Remittitur Issued/Case Closed.
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on June 25, 2003. 03-09198