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United States Court Cases

Nevada Supreme/Appellate Court Record

SMITH (TONY) VS. STATE

Case Information: 34617
Short Caption:SMITH (TONY) VS. STATECourt:Supreme Court
Related Case(s): 34552 , 43827 , 63538
Lower Court Case(s):Carson City - First Judicial District - 9800914CClassification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:10/08/2001 at 10:30 AMOral Argument Location:Carson City
Submission Date:10/08/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/04/1999Filing Fee Filing Fee Waived.
08/04/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for Appellant). 99-07165
08/19/1999Docketing StatementFiled Docketing Statement. 99-07755
08/19/1999Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: April 13 through May 7, 1999 and July 8, 1999. To Court Reporter: Julietta Forbes and Shellie Loomis. 99-07756
12/29/1999MotionFiled Motion to Extend Time. Motion for Extension of Time in which to file Appellant's Opening Brief. 99-13367
01/04/2000MotionFiled Response to Motion. Opposition to 180-Day Extension of Time to File Opening Brief. 00-00134
01/24/2000Order/ProceduralFiled Order. On December 29, 1999, appellant filed a motion for 180 day extension to file the opening brief. On January 4, 2000, respondent filed an opposition to the 180 day period, but would not oppose a 60 day extension. Appellant shall have 60 days from the date of this order to file the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn1[This court does not expect any further requests for extensions of time absent extreme and unforeseeable circumstances]. 00-01096
03/01/2000Order/ProceduralFiled Order. Correcting Clerical Error. On January 24, 2000, this court entered an order which granted appellant's motion filed on December 29, 1999, in part, and dirrected appellant to serve and file the opening brief and appendix by March 24, 2000. On March 1, 2000, appellant informed the court that he did not receive a copy of the order entered on January 24, 2000. fn1[Due to a clerical error, the order entered on January 24, 2000, was inadvertently not mailed to appellant's counsel.] The clerk shall forthwith mail to appellant's counsel a copy of the order entered on January 24, 2000. 00-03253
03/17/2000MotionFiled Motion to Extend Time. 00-04318
03/23/2000MotionFiled Response to Motion. Response to Motion for a Second Extension of Time to File Opening Brief. 00-04722
03/23/2000ExhibitFiled Exhibits (copies). Exhibits Submitted under Seal in Support of Response to Motion for a Second Extension of Time to File Opening Brief. 00-04723
03/30/2000MotionFiled Motion for Permission to File Document. Request for Permission to Reply to Response to Motion for a Second Extension of Time to File Opening Brief. 00-05146
04/27/2000Order/ProceduralFiled Order. On March 30, 2000, appellant filed a motion to file a reply to respondent's response to appellant's second motion for an extension of time, and submitted a reply to the response. We grant the motion to file appellant's reply to respondent's response to the motion. Accordingly, the clerk of this court shall file forthwith the reply provisionally received on March 30, 2000. No good cause having been shown, we deny appellant's motion for an extension of time to file the opening brief within "sixty days from the date of this Court's decision." Nevertheless, in the interest of justice appellant shall, within 40 days of the date of this order, file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We admonish counsel for the way this appeal has been prosectued. We caution appellant's counsel that failure to comply with this order in a timely manner will likely result in the imposition of sanctions. 00-06857
04/27/2000MotionFiled Reply to Response. Reply to Response to Motion for a Second Extension of Time to File Opening Brief. 00-05147
05/22/2000Order/ProceduralFiled Order. Appellant shall have 15 days from the date of this order to comply with NRAP (a) by filing a certificate of no transcript request, or an amended transcript request form as provided in this order. 00-08489
06/06/2000Notice/IncomingFiled Notice. Notice of Challenge to Constitutionality of Statute. 00-09560
06/06/2000MotionFiled Motion and Order/Excess Pages. Granted: 39 pages. 00-09559
06/06/2000BriefFiled Opening Brief. Mailed on: Hand delivered 6/6/00. 00-09564
06/06/2000AppendixFiled Appendix to Opening Brief. Vols. 1 through 39. 00-09565
06/26/2000MotionFiled Motion and Order Extending Time. Brief due: August 7, 2000. 00-10900
06/26/2000Notice/IncomingFiled Notice. Notice of Related Cases. 00-10904
06/27/2000MotionFiled Motion to Strike. Motion to Strike 39-Volume Appendix and to Require Appellant to File Corrected Appendix. 00-11019
07/10/2000MotionFiled Response to Motion. Non-Opposition to Motion for Enlargement of Time (First Request). (No action required. AH) 00-11762
07/10/2000MotionFiled Response to Motion. Opposition to Motion to Strike Appellant's Index. 00-11768
08/03/2000MotionFiled Motion to Extend Time. (Second Request). 00-13500
08/04/2000MotionFiled Stipulation. 00-13567
08/15/2000Order/ProceduralFiled Order. Appellant has failed to comply with our May 22, 2000, order. On June 6, 2000, appellant filed the opening brief and a 39 volume appendix. It appears that appellant has included all necessary transcripts in the appendix. In the interest of judicial economy we suspend appellant's requirement to comply with NRAP 9(a) and vacate our May 22, 2000, order regarding the filing of a certificate of no transcript request. We admonish appellant's counsel for not fully complying with the rules of appellate procedure and orders of this court. On June 26, 2000, respondent filed a 'notice of related cases.' Respondent informed this court that all trial transcripts had been prepared and filed in a related appeal inNo. 34552. On June 27, 2000, respondent filed a 'motion to strike 39-volume appendix and to require appellant to file corrected appendix." On July 10, 2000, appellant filed an opposition. We deny respondent's motion to strike the appendix. We direct appellant to file any remaining volumes of the appendix with this court which have not previously been filed, including any portions that may be sealed, within ten (10) days from the date of this order. If any such documents are sealed according to a court order, appellant's counsel shall file those portions under seal, and include any relevant court orders regarding the sealing of those documents. Further, appellant shall provide proof of service of volumes 31 and 32 of the appendix upon the respondent within 10 days from the date of this order. On August 3, 2000, respondent filed a second motion for an extension of time to file the answering brief. Respondent shall file the answering brief on or before October 6, 2000. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We disapprove as moot the stipulation filed by the parties on August 4, 2000, to extend the time for filing and serving the answering brief. 00-14242
08/23/2000AppendixFiled Appendix to Opening Brief. Vols. 31 and 32 (SEALED Vol. 32 only). 00-14828
08/23/2000Notice/IncomingFiled Proof of Service. For Appendix, Vols. 31 and 32. 00-14829
10/06/2000MotionFiled Motion to Extend Time. (Third Request). 7 days requested. 00-17763
10/09/2000Order/ProceduralFiled Order Granting Motion. Respondent shall file and serve the answering brief on or before October 13, 2000. 00-17836
10/13/2000MotionFiled Motion and Order/Excess Pages. Granted: 48 pages. 00-18252
10/13/2000BriefFiled Answering Brief. Hand-delivered on: 10/13/00 00-18253
10/13/2000AppendixFiled Appendix to Answering Brief. Vols. 1 through 3. 00-18254
10/13/2000MotionFiled Motion to Strike. Motion to Strike Non-Conforming Documents in Appellant's Appendix. 00-18257
10/18/2000Letter/IncomingFiled Letter. from Donis Rodarte, Deputy Court Clerk. "We feel that we must ultimately abide by the direction given to this office by Judge Griffin in the Order to Correct or Modify the Record Pursuant to NRAP 10(C) and send the referenced documents to the Supreme Court". 00-18500
10/18/2000Record on Appeal DocumentsFiled Record on Appeal Copy. 00-18501
10/25/2000MotionFiled Motion and Order Extending Time. Brief due: December 18, 2000. 00-18883
10/26/2000MotionFiled Stipulation. 00-18929
10/31/2000Order/Clerk'sFiled Clerk's Order. On October 26, 2000, the parties filed a stipulation to extend the time to file appellant's reply brief until December 16, 2000. The stipualtion is disapproved as moot. Pursuant to order of this court entered on October 25, 2000, appellant's reply brief is not due to be filed until December 18, 2000. 00-19130
12/18/2000MotionFiled Motion to Extend Time. Motion (Second Request) and Stipulation. 00-22009
12/20/2000MotionFiled Motion. Motion for Leave to Withdraw; Withdraw as Attorney of Record. 00-22195
12/21/2000Order/Clerk'sFiled Clerk's Order Granting Motion. The motion filed December 18, 2000, is granted. Appellant's reply brief shall be served and filed on or before January 17, 2001. 00-22267
12/29/2000Order/ProceduralFiled Order. On October 13, 2000, respondent filed a motion to 'strike non-conforming documents in appellant's appendix. Appellant has not opposed the motion. It appears that the documents specified in respondent's motion to strike are copies on which appellant's attorneys have made notations. The clerk of this court shall strike the following documents from appellant's appendix: pages 1-6, and 127-128 of Volume 1; pages 1-6, 23-26, and 57-73 of Volume 2; and, pages 117-163 and 171-178 of Volume 3. In our review of this appeal, we shall refer to the clean copies of the stricken documents provided by respondent in the appendix to the answering brief. On December 20, 2000, attorney William G. Rogers, co-counsel for appellant, moved for leave to withdraw as attorney of record. We grant attorney Rogers' motion. The clerk of this court shall remove attorney Rogers from the docket in this appeal. 00-22745
01/03/2001Notice/IncomingFiled Notice of Association of Counsel. Notice of Representation of Respondents. David F. Sarnowski, Chief Deputy A.G., represents respondents. 01-00175
01/17/2001MotionFiled Motion to Extend Time. 01-01038
01/17/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant shall have 5 days from the date of this order to serve and file the reply brief. 01-01054
01/24/2001MotionFiled Motion and Order/Excess Pages. Granted: 44 pages. 01-01576
01/24/2001BriefFiled Reply Brief. Mailed on: 01/22/01. 01-01584
08/23/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 8, 2001, at 10:30 a.m. (NNP02-MS/RR/NB)
09/24/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
10/08/2001Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP02-MS/RR/NB
01/24/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP02-MS/RR/NB 02-01656
02/19/2002RemittiturIssued Remittitur. 02-02035
02/19/2002Case Status Update Remittitur Issued/Case Closed.
02/26/2002RemittiturFiled Remittitur. Received by County Clerk on February 20, 2002. 02-02035