| Case Information: 42340 | |||
| Short Caption: | STATE VS. CABALLERO (JOSE) | Court: | Supreme Court |
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CR031947 | Classification: | Criminal Appeal - Other - Suppression |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | 10/19/2004 at 10:30 AM | Oral Argument Location: | Carson City |
| Submission Date: | 10/19/2004 | How Submitted: | After Oral Argument |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 11/14/2003 | Filing Fee | Filing Fee Waived. | ||
| 11/14/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | 03-19036 | |
| 11/18/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal from Grant of Motion to Suppress. | 03-19234 | |
| 11/21/2003 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 11/03/ Court Reporter: Filed in district court on: | 03-19500 | |
| 11/21/2003 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 11/03/03. Court Reporter: Judith A. Schonlau. Filed in district court on: 11/18/03. | 03-19500 | |
| 11/24/2003 | Order/Procedural | Filed Order/Show Cause. This is an appeal from an order of the district court granting respondent's motion to suppress evidence. Appellant shall have 10 days from the date of this order to filing points and authorities setting forth more fully the basis for the district court's order and addressing the propriety of the appeal and whether there may be a miscarriage of justice if the appeal is not entertained. Respondent shall have 10 days thereafter to file opposing points and authorities. Upon receipt of these authorities, the court will determine whether to entertain the appeal. fn2[The deadlines for the filing of documents pursuant to NRAP 3C are suspended until further order of this court.] | 03-19543 | |
| 12/05/2003 | Motion | Filed Response to Order to Show Cause. Brief in Support of Good Cause for Appeal. | 03-20280 | |
| 12/10/2003 | Transcript | Filed Transcript. Proceedings: November 3, 2003. Court Reporter: Judith Ann Schonlau. | 03-20591 | |
| 12/16/2003 | Motion | Filed Stipulation. Extension of time to file answer. | 03-20922 | |
| 12/30/2003 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to File Brief in Opposition. | 03-21676 | |
| 12/30/2003 | Other | Other. Received Brief in Opposition to the State's Appeal from a District Court's Ruling Suppressing Evidence. | 03-21678 | |
| 01/08/2004 | Order/Procedural | Filed Order. Approving Stipulation and Granting Motion. On December 16, 2003, the parties filed a stipulation allowing respondent an extension of time until December 26, 2003, within which to file opposing points and authorities. On December 30, 2003, the respondent filed a motion to extend the time in which to file the opposing points and authorities. Cause appearing, the stipulation is approved, and the motion is granted. The clerk of this court shall file the brief provisionally submitted on December 30, 2003. | 04-00389 | |
| 01/08/2004 | Motion | Filed Response to Order to Show Cause. Brief in Opposition to the State's Appeal from a District Court's Ruling Suppressing Evidence. | 03-21678 | |
| 01/09/2004 | Order/Procedural | Filed Order. Having considered the documents filed, we conclude that there may be a miscarriage of justice if this appeal is not entertained. Therefore, we conclude that this appeal should proceed. Further, all proceedings in the district court in this case are stayed, pending this court's disposition of this appeal. We have further determined that full briefing will assist the court in the disposition of the this appeal. Accordingly, we order the parties to brief this court in compliance with NRAP 28, 28A, 30, 31, and 32. The appellant shall file and serve the opening brief and appendix within 40 days after the date of this order. The answering brief and reply brief shall be filed in compliance with NRAP 31. | 04-00591 | |
| 02/06/2004 | Brief | Filed Opening Brief. | 04-02418 | |
| 02/06/2004 | Appendix | Filed Appendix to Opening Brief. | 04-02419 | |
| 03/09/2004 | Motion | Filed Stipulation and Order. Brief due: March 15, 2004. | 04-04475 | |
| 03/15/2004 | Brief | Filed Answering Brief. | 04-04879 | |
| 04/16/2004 | Notice/Incoming | Filed Notice of Election Not to File a Reply Brief. | 04-07064 | |
| 08/25/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 19, 2004, at 10:30 a.m. (NNP04-NB/DA/MG) | ||
| 10/05/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | ||
| 10/19/2004 | Case Status Update | Submitted for Decision. Before the Northern Nevada Panel. NNP04-NB/DA/MG | ||
| 12/21/2004 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for application of the correct standard." NNP04-NB/DA/MG | 04-23269 | |
| 01/18/2005 | Remittitur | Issued Remittitur. | 05-00755 | |
| 01/18/2005 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/28/2005 | Remittitur | Filed Remittitur. Received by District Court Clerk on January 21, 2005. | 05-00755 | |