| Case Information: 36064 | |||
| Short Caption: | RHYNE (KELLY) VS. STATE (DEATH PENALTY) | Court: | Supreme Court |
| Lower Court Case(s): | Elko Co. - Fourth Judicial District - 7392R | Classification: | Criminal Appeal - Death Penalty - Direct |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | En Banc | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | 02/09/2001 at 10:30 AM | Oral Argument Location: | Carson City |
| Submission Date: | 02/09/2001 | How Submitted: | After Oral Argument |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 05/04/2000 | Filing Fee | Filing Fee Waived. | ||
| 05/04/2000 | Notice of Appeal Documents | Filed Documents from District Court Clerk. Judgment of Conviction, D.C. Minutes and List of Exhibits. | 00-07333 | |
| 05/04/2000 | Transcript | Filed Transcript. Proceedings: February 18, 1999, April 15, 1999, April 16, 1999, May 27, 1999, June 18, 1999 (9:50 a.m.), June 18, 1999 (1:40 p.m.), July 22, 1999 (9:50 a.m.), July 22, 1999 (11:20 a.m.), July 28, 1999, July 29, 1999, August 9, 1999, September 1, 1999 (9:50 a.m.), September 1, 1999 (2:15 p.m.), September 16, 1999, October 13, 1999 (1:38 p.m.), October 13, 1999 (4:45 p.m.), November 4, 1999, November 5, 1999 (10:00 a.m.), November 5, 1999 (4:00 p.m.), November 12, 1999 (9:45 a.m.), November 12, 1999 (12:00 p.m.), November 12, 1999 (2:00 p.m.), December 2, 1999, January 31, 2000, February 1, 2000, February 10, 2000, February 24, 2000, February 25, 2000, March 7, 2000, March 8, 2000, March 9, 2000 (9:30 a.m.), March 9, 2000 (9:45 a.m.), March 9, 2000 (10:45 a.m.), March 10, 2000, March 13, 2000, March 14, 2000 (9:30 a.m.), March 14, 2000 (4:00 p.m.), March 15, 2000, March 16, 2000, March 17, 2000, March 20, 2000, March 21, 2000, March 22, 2000, March 23, 2000, March 26, 2000, March 28, 2000 (9:30 a.m.), March 28, 2000 (9:30 a.m.), March 30, 2000, April 4, 2000, April 14, 2000 (2:15 p.m.), April 14, 2000 (3:15 p.m.), April 21, 2000, April 25, 2000, April 26, 2000, April 27, 2000, April 27, 2000, April 28, 2000 (9:20 a.m.), and April 28, 2000 (9:30 a.m.). Court Reporters: Lisa M. Manley and Zoie Williams. | 00-07334 | |
| 05/05/2000 | Notice/Outgoing | Issued Notice to File Docketing Statement. (Docketing statement mailed to counsel for appellant.) Due Date: 15 days | ||
| 05/12/2000 | Docketing Statement | Filed Docketing Statement. | 00-07925 | |
| 05/30/2000 | Motion | Filed Motion to Extend Time. | 00-09103 | |
| 06/01/2000 | Order/Procedural | Filed Order Granting Motion. The Elko County Clerk shall have to and including June 20, 2000, to file a certified copy of the record on appeal. | 00-09207 | |
| 06/14/2000 | Record on Appeal Documents | Filed Record on Appeal Copy. Vols. 1 through 22. (VOLUMES 17 THROUGH 20 ARE SEALED). | 00-10125 | |
| 06/19/2000 | Letter/Incoming | Filed Letter. from district judge regarding "confidential files" | 00-10486 | |
| 06/30/2000 | Motion | Filed Motion for Stay. Motion to Stay Execution. (Filed via fax.) | 00-11220 | |
| 06/30/2000 | Order/Incoming | Filed District Court Order. Copy of Order Granting Stay of Execution filed in district court on June 30, 2000. (Filed via fax.) | 00-11235 | |
| 07/05/2000 | Motion | Filed Motion for Stay. Motion to Stay Execution. (Original--filed via fax on 6/30/00) | 00-11522 | |
| 07/06/2000 | Order/Procedural | Filed Order Denying Motion. On June 30, 2000, appellant moved this court for a stay of execution pending appeal. Later that day, the district court entered an order staying appellant's execution pending appeal. Because the district court has granted the requested stay, we deny appellant's motion in this court as moot. | 00-11512 | |
| 08/21/2000 | Motion | Filed Motion for Excess Pages. Appellant's Motion to File an Opening Brief in Excess of 30 Pages. | 00-14635 | |
| 08/31/2000 | Order/Procedural | Filed Order Granting Motion. On August 21, 2000, appellant submitted an 85-page opening brief and a motion requesting permission to exceed the thirty-page briefing limitation. Appellant's motion is hereby granted. The clerk shall file appellant's opening brief. The State shall have sixty days from the date of this order to file an answering brief. Further briefing shall proceed pursuant to SCR 250(6)(d). | 00-15414 | |
| 08/31/2000 | Brief | Filed Opening Brief. | 00-14643 | |
| 08/31/2000 | Appendix | Filed Appendix to Opening Brief. | 00-14644 | |
| 09/05/2000 | Motion | Filed Stipulation. | 00-15570 | |
| 09/21/2000 | Order/Procedural | Filed Order/Stipulation Disapproved. On September 5, 2000, the parties filed a stipulation to extend the time for the filing of respondent's answering brief for thirty days, to and including September 20, 2000. Pursuant to the order of this court entered on August 31, 2000, respondent's answering brief is not due to be filed until October 30, 2000. Therefore, we disapprove the stipulation as moot. | 00-16723 | |
| 10/26/2000 | Motion | Filed Motion for Excess Pages. Respondent's Motion to file Answering Brief in Excess of 30 Pages. | 00-18961 | |
| 11/02/2000 | Order/Procedural | Filed Order Granting Motion. The clerk of this court shall file the fifty-nine page answering brief provisionally submitted to this court on October 30, 2000. | 00-19258 | |
| 11/02/2000 | Brief | Filed Answering Brief. | 00-19083 | |
| 11/02/2000 | Appendix | Filed Appendix to Answering Brief. | 00-19086 | |
| 12/08/2000 | Brief | Filed Reply Brief. Mailed on: 12/06/00. | 00-21526 | |
| 12/08/2000 | Motion | Filed Motion. Motion for Order Re: Filing of Reply Appendix Comprised of Prior Convictions, Sentencing Transcripts and Court Dockets from Elko County Homicide Prosecutions 1990-2000. | 00-21528 | |
| 12/14/2000 | Motion | Filed Response to Motion. Response to Motion Regarding Filing an Appendix to Reply Brief. | 00-21885 | |
| 12/19/2000 | Order/Procedural | Filed Order Denying Motion. Appellant having failed to demonstrate that the supplemental appendix would be properly filed and considered by this court, the motion for permission to file the reply appendix is hereby denied. | 00-22120 | |
| 12/20/2000 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on February 9, 2001 at 10:30 a.m. (En Banc) | ||
| 01/24/2001 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | ||
| 01/25/2001 | Brief | Filed Supplemental Authorities. Respondent's Supplemental Memorandum of Authorities filed pursuant to NRAP 31. | 01-01634 | |
| 02/09/2001 | Case Status Update | Submitted for Decision. EN BANC-WM/CY/MS/DA/RR/ML/NB | ||
| 03/28/2001 | Motion | Filed Motion. Motion to Supplement Appendix. | 01-05442 | |
| 03/30/2001 | Motion | Filed Response to Motion. Opposition to Motion to Supplement Appendix. | 01-05576 | |
| 04/20/2001 | Motion | Filed Motion. Request for Ruling on Motion to Supplement Appendix with 2000 Census Data. | 01-06786 | |
| 01/16/2002 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed." fn40[On March 26, 2001, Rhyne moved to supplement his appendix with 2000 census data on the number of Hispanics in the Elko County population. The State filed its opposition to the motion on March 30, 2001. The census data was not presented to the district court; therefore, we deny Rhyne's motion.] Before the Court En Banc. By the Court, Maupin, C.J. We concur: Young, Shearing, Agosti, Leavitt, JJ. Becker, J., with whom Rose, J., agrees, concurring in part and dissenting in part. 118 Nev. Adv. Opn. No. 1. EN BANC | 02-01061 | |
| 02/01/2002 | Filing Fee | Received Filing Fee Paid on Filing. $100 from Matthew J. Stermitz - check no. 2854. | ||
| 02/01/2002 | Post-Judgment Petition | Filed Petition for Rehearing. Mailed on: January 31, 2002. | 02-02181 | |
| 03/06/2002 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40( c). EN BANC | 02-04040 | |
| 03/21/2002 | Remittitur | Issued Remittitur. | 02-04160 | |
| 03/21/2002 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 04/01/2002 | Remittitur | Filed Remittitur. Received by County Clerk on March 25, 2002. | 02-04160 | |