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United States Court Cases

Nevada Supreme/Appellate Court Record

BEJARANO (JOHN) VS. STATE (DEATH PENALTY-P/C)

Case Information: 44297
Short Caption:BEJARANO (JOHN) VS. STATE (DEATH PENALTY-P/C)Court:Supreme Court
Related Case(s): 76629
Lower Court Case(s):Washoe Co. - Second Judicial District - C87678Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/13/2006 at 1:30 PMOral Argument Location:Carson City
Submission Date:06/13/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/24/2004Filing Fee Filing Fee Waived.
11/24/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-21550
12/16/2004MotionFiled Motion to Extend Time. 04-22925
12/16/2004Docketing StatementReceived Docketing Statement. 04-22926
12/16/2004Transcript RequestFiled Certificate of No Transcript Request. 04-22927
12/23/2004Order/ProceduralFiled Order Granting Motion. filed December 16, 2004. The clerk shall file the docketing statement received on December 16, 2004. 04-23390
12/23/2004Docketing StatementFiled Docketing Statement. 04-22926
03/21/2005MotionFiled Motion to Extend Time. 05-05537
03/24/2005Order/ProceduralFiled Order Granting Motion. filed March 21, 2005. Appellant shall have until April 25, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-05725
04/26/2005Notice/IncomingFiled Substitution of Attorneys. David Anthony, Asst. Federal Public Defender, in place and stead of Kevin M. Kelly as counsel for appellant. 05-08239
04/27/2005MotionFiled Motion to Extend Time. 60 days. 05-08281
05/03/2005Order/ProceduralFiled Order Granting Motion. filed April 27, 2005. Appellant shall have until June 24, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-08627
05/31/2005Notice/IncomingFiled Substitution of Attorneys. 05-10646
06/27/2005MotionFiled Motion to Extend Time. (Second Request). 05-12619
07/05/2005MotionFiled Motion. Request to Take Judicial Notice. 05-13225
07/05/2005MotionFiled Motion for Excess Pages. Motion to Permit Appellant to File an Opening Brief Longer than Thirty Pages. 05-13227
07/14/2005Order/ProceduralFiled Order Denying Motion. Appellant has moved this court for permission to file an opening brief of 103 pages. This court has concluded that an opening brief of no more than 80 pages will provide appellant a fair and ample opportunity to present the matters at issue in this appeal. Therefore, we deny the motion. Appellant has also requested that this court take judicial notice of numerous records submitted as 13 volumes of exhibits attached to the request. We deny the request. We also deny as moot appellant's third request for an extension of time to file his opening brief. The clerk of this curt shall return the submitted opening brief and exhibits unfiled. Appellant shall have 20 days from the date o f this order to file and serve a revised brief of no more than 80 pages. The State shall have 30 days thereafter to file and serve an answering brief of nor more than 80 pages. 05-14083
07/27/2005MotionFiled Motion. Appellant's Motion for Limited Remand. 05-14900
08/03/2005MotionFiled Motion. Appellant's Motion for Reconsideration of Request to Take Judicial Notice. 05-15405
08/05/2005BriefFiled Opening Brief. 05-15586
08/05/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 14. 05-13241
08/09/2005MotionFiled Response to Motion. Oppostion to Motion Limited Remand. 05-15747
08/15/2005AppendixFiled Appendix to Opening Brief. Volume 7A. 05-16159
08/19/2005MotionFiled Motion for Permission to File Document. Appellant's Request to File Reply to Opposition to Motion for Limited Remand and Reply to Opposition to Motion for Limited Remand. 05-16537
08/25/2005Order/ProceduralFiled Order Denying Motion. Appellant John Bejarano has filed two motions with this court. The first is for limited remand, and the second is for reconsideration of this court's earlier order denying Bejarano's request to take judicial notice of numerous documents submitted as 13 volumes of exhibits. We deny the motions. Fn1 [On August 19, 2005, Bejarano submitted a reply to the State's opposition to this motion. We grant his request to file the reply and direct the clerk of this court to do so.] 05-16906
08/25/2005MotionFiled Motion. Respondent's Motion for Leave to Supplement Opposition to Appellant's Motion for Limited Remand. 05-16930
08/29/2005Notice/IncomingFiled Notice of Change of Address. Office of the Federal Public Defender. 05-17172
09/02/2005MotionFiled Motion to Extend Time. 05-17426
09/06/2005MotionFiled Motion for Permission to File Document. Appellant's Motion for Leave to Respond to Respondent's Supplemental Opposition to Appellant's Motion for Limited Remand. 05-17527
09/15/2005Order/ProceduralFiled Order Granting Motion. filed on September 2, 2005. The State shall have to and including October 21, 2005, to file and serve the answering brief. We grant both the motion filed on August 25, 2005, and the motion filed on September 6, 2005. The clerk shall file the State's supplemental opposition and Bejarano's response provisionally submitted with the motions. (The State's supplemental opposition is a part of the motion filed on August 25, 2005 and Bejarano's response is a part of the motion filed on September 6, 2005.) 05-18392
10/24/2005MotionFiled Motion for Excess Pages. 05-21075
10/24/2005BriefFiled Answering Brief. 05-21077
10/31/2005Order/ProceduralFiled Order Denying Motion. as Moot. We deny as moot respondent's motion for leave to file a brief in excess of 30 pages. 05-21441
11/18/2005Notice/OutgoingIssued Letter. to Franny A. Forsman, Federal Public Defender. Returned unfiled 13-Volume Exhibit to Motion for Reconsideration received on August 3, 2005.
11/29/2005MotionFiled Motion to Extend Time. 05-23374
12/01/2005Order/ProceduralFiled Order Granting Motion. filed 11/29/05. Appellant shall have five days from the date of this order to file and serve the reply brief. 05-23534
12/02/2005MotionFiled Motion and Order/Excess Pages. Granted: 41 pages. 05-23614
12/02/2005BriefFiled Reply Brief. 05-23615
12/02/2005Case Status Update Submitted for Decision.
03/16/2006Order/ProceduralFiled Order. Directing Oral Argument. We consolidate these appeals for the limited purpose of hearing oral argument. The clerk shall schedule the appeals for oral argument before the en banc court in June 2006 in Carson City. The oral argument shall be limited to a total of 60 minutes. Nos. 44094/44297 - consolidated for the limited purpose of hearing oral argument. 06-05697
04/21/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 13, 2006, at 1:30 p.m. (En Banc)
05/12/2006MotionFiled Response to Motion. Opposition to Motion to Continue Oral Argument. 06-10052
05/24/2006Order/ProceduralFiled Order Denying Motion. These appeals were previously consolidated for the purpose of oral argument before the en banc court. We deny the motion to reschedule the oral argument in this court. The oral sixty minute argument currently set for June 13, 2006, in Carson City, shall proceed as scheduled. Nos. 44094/44297 - consolidated for oral argument. 06-10999
05/26/2006BriefFiled Supplemental Authorities. Respondent's Supplemental Points and Authorities. 06-11260
05/30/2006Notice/OutgoingIssued Oral Argument Reminder Notice.
05/31/2006BriefFiled Supplemental Authorities. Per NRAP 31(d). Nos. 44094/44297 -consolidated for oral argument only. 06-11484
06/05/2006BriefFiled Supplemental Authorities. Appellant's Supplemental Memorandum in Response to Respondent's Supplemental Memorandum of Points and Authorities. 06-11678
06/13/2006Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
11/16/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Rose, C.J. We concur: Maupin, Gibbons, Hardesty and Parraguirre, JJ. Becker, J., with whom Douglas, J., agrees, concurring in part and dissenting in part. 122 Nev. Adv. Opn. No. 92. EN BANC. 06-23501
12/06/2006Post-Judgment PetitionFiled Petition for Rehearing. 06-24950
12/22/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Fn1 [The Honorable Robert E. Rose, Chief Justice and the Honorable Nancy A. Becker, Justice, did not participate in the decision of this matter.] 06-26296
01/16/2007RemittiturIssued Remittitur. 07-01060
01/16/2007Case Status Update Remittitur Issued/Case Closed.
01/22/2007RemittiturFiled Remittitur. Received by County Clerk on January 18, 2007. 07-01060