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United States Court Cases

Nevada Supreme/Appellate Court Record

CARBARY (LINDA) VS. STATE

Case Information: 36038
Short Caption:CARBARY (LINDA) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C143524Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/08/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/01/2000Filing Fee Filing Fee Waived.
05/01/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). 00-07031
05/08/2000Docketing StatementFiled Docketing Statement. 00-07450
05/15/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/18/97, 1/26/98, 3/9/98, trial 5/4/98 to 5/8/98, 6/30/98, 8/11/98, 12/7/98, 12/28/98, 1/4/99, 2/1/99, 8/4/99, 3/20/00, 3/22/00. To Court Reporters: Yvonne Valentin, Loree Gallegos, Janice Murray, Kris Johnson, Lisa Makowski, Kimberly McAndrews. 00-08079
07/31/2000TranscriptFiled Transcript. Proceedings: May 7, 1998. Court Reporter: Loree Gallegos. 00-13199
08/07/2000TranscriptFiled Transcript. Proceedings: 3/20/00. Court Reporter: Janie L. Olsen 00-13609
08/23/2000MotionFiled Motion to Extend Time. 00-14793
08/28/2000Order/ProceduralFiled Order. Court reporters Valentin, Murray, Johnson and McAndrews shall have 20 days from the date of this order to file and serve the remaining requested transcripts, to file a motion for an extension of time to do so, or to inform this court in writing why the requested transcripts cannot be produced. We grant appellant's unopposed motion. Appellant shall have 90 days from the filing of the last transcript within which to file and serve the opening brief and appendix. 00-15002
08/31/2000TranscriptFiled Transcript. Proceedings: May 8, 1998. Court Reporter: Janice Murray. 00-15388
09/08/2000TranscriptFiled Transcript. Proceedings: 05/04/98; 05/05/98; and 05/06/98. Court Reporter: Yvonne M. Valentin. 00-15891
11/06/2000TranscriptFiled Transcript. Proceedings: 12/28/98 and 02/01/99. Court Reporter: Kris Johnson. 00-19481
11/21/2000Order/ProceduralFiled Order. To date, court reporters Yvonne Valentin and Kimberly McAndrews have not complied with our order of August 28, 2000. Accordingly, court reporters Valentin and McAndrews shall have 15 days from the date of this order to file and serve the requested transcripts, file a motion for an extension of time to do so, or to inform this court in writing why the requested transcripts cannot be produced. We caution court reporters Valentin and McAndrews that failure to comply with this order may result in the imposition of sanctions. 00-20409
01/19/2001Order/CounselFiled Order/Sanctions. To date, court reporters Valentin and McAndrews have failed to comply with our August 28, 2000, and November 21, 2000, orders. Accordingly, we conclude that the imposition of sanctions is warranted at this time. Court reporters Valentin and McAndrews shall each personally pay the sum of $100 to the Supreme Court Law Library and shall, within 15 days from the date of this order, file with the clerk of this court an affidavit or certificate verifying that such payment has been made. Further, court reporters Valentin and McAndrews shall, within the same time period, prepare and file the transcripts requested of them. Failure to comply timely with this order may result in the imposition of additional sanctions, including, but not limited to, referral to the Certified Shorthand Reporter's Board. Order mailed to Valentin and McAndrews by first class and certified mail.) 01-01223
01/24/2001TranscriptFiled Transcript. Proceedings: March 22, 2000. Court Reporter: Kimberly D. McAndrews. 01-01551
02/05/2001Notice/IncomingFiled Proof of Payment of Sanction. Yvonne M. Valentin sent $100 on February 1, 2001 to the Supreme Court Law Library pursuant to order. 01-02326
02/05/2001TranscriptFiled Transcript. Proceedings: June 18, 1997, January 26, 1998, March 9, 1998, June 30, 1998, August 11, 1998, December 7, 1998, January 4, 1999 and August 4, 1999. Court Reporter: Yvonne M. Valentin. 01-02327
02/08/2001MotionFiled Motion. Motion to Reconsider or Vacate Sanctions. 01-02636
02/14/2001Other Other. Received returned certified mail addressed to court reporter Kimberly McAndrews containing copy of order filed 01/19/01 and placed in correspondence.
04/11/2001Order/CounselFiled Order/Sanctions. Order Vacating Sanction. We grant court reporter McAndrews' motion and vacate the sanctions imposed against her in our January 19, 2001, order. 01-06243
05/03/2001Other Other. Received returned certified letter addressed to Kimberly McAndrews containing order file April 11, 2001. The envelope was marked 'Return to Writer'.
06/21/2001Order/ProceduralFiled Order. To date, appellant has not filed the opening brief and appendix. Appellant shall have 15 days of the date of this order to file and serve the opening brief and appendix. Failure to comply timely with this order may result in the imposition of sanctions against appellant's counsel. 01-10535
06/28/2001MotionFiled Motion to Extend Time. 01-11008
07/09/2001Order/ProceduralFiled Order Granting Motion. filed June 28, 2001. Appellant shall have 96 days from the date of this order to file and serve the opening brief and appendix. Thereafter briefing shall proceed in compliance with NRAP 31(a)(1). We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. We remind court reporters Yvonne Valentin and Kimberly McAndrews that pursuant to NRAP 9(b) the original transcripts are to be filed with the district court and certified copies of all transcripts requested are to be delivered to the party ordering the transcripts. 01-11489
12/17/2001TranscriptFiled Transcript. Proceedings: May 7, 1998. Court Reporter: Angela Campagna. (Submitted by attorney Lee Elizabeth McMahon.) 01-21258
12/18/2001Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days from the date of this order, file and serve the opening brief and appendix or show cause why sanctions should not be imposed against appellant's counsel. Respondent shall, within 30 days from service of the opening brief and appendix, file and serve the answering brief. Appellant may file a reply brief within 30 days from service of the answering brief. 01-21330
12/26/2001MotionFiled Motion to Extend Time. 01-21707
12/31/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed December 26, 2001. The clerk shall file the opening brief and appendix received on December 26, 2001. Respondent shall file and serve the answering brief within 30 days from the date of this order. 01-21859
12/31/2001BriefFiled Opening Brief. Mailed on: 12/20/01. 01-21708
12/31/2001AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. 01-21709
02/01/2002MotionFiled Stipulation and Order. Brief due: February 6, 2002. 02-02142
02/08/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. Signed by: Lynn M. Robinson. 02-02542
03/07/2002BriefFiled Reply Brief. Mailed on: Express-No postmark. Signed by: Lee-Elizabeth McMahon. 02-04158
07/08/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 02-11536
07/08/2002Case Status Update Submitted for Decision.
08/21/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/DA/ML 02-14251
09/17/2002RemittiturIssued Remittitur. 02-14816
09/17/2002Case Status Update Remittitur Issued/Case Closed.
09/27/2002RemittiturFiled Remittitur. Received by County Clerk on September 19, 2002. 02-14816