| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/01/2002 | Filing Fee | Filing Fee Waived. | | |
| 11/01/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 02-18865
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| 11/04/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. | | 02-19016
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| 11/06/2002 | Docketing Statement | Filed Docketing Statement. | | 02-19104
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| 12/13/2002 | Order/Procedural | Filed Order. Appellants shall, within 10 days from the date of this order, file and serve either a transcript request form or a certificate indicating that no transcripts are being requested. | | 02-21362
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| 02/19/2003 | Motion | Filed Stipulation and Order. Brief due: April 1, 2003. | | 03-02818
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| 03/06/2003 | Order/Procedural | Filed Order. To date, appellant has failed to comply with our order entered December 13, 2002. We again direct appellant to file and serve a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall file the appropriate document within 10 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions. | | 03-03847
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| 03/12/2003 | Transcript Request | Filed Request for Transcript of Proceedings. | | 03-04178
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| 03/25/2003 | Motion | Filed Motion to Extend Time. (Second Request) | | 03-05022
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| 04/04/2003 | Order/Procedural | Filed Order Granting Motion. filed March 25, 2003. Appellant shall have until June 2, 2003, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. | | 03-05648
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| 05/22/2003 | Motion | Filed Motion for Excess Pages. Motion for Leave to file Oversized Brief. | | 03-08663
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| 05/29/2003 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 37. | | 03-09002
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| 06/02/2003 | Notice/Incoming | Filed Proof of Service. Affidavit of Richard F. Cornell re: Hand-Delivery of Appendix 05/29/03. | | 03-09168
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| 06/04/2003 | Notice/Incoming | Filed Proof of Service. - Amended Affidavit of Richard F. Cornell re: Hand-Delivery of Appendix. | | 03-09322
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| 06/20/2003 | Order/Procedural | Filed Order Denying Motion. and Assigning Appeal for En Banc Review. Appellant's motion to file a 97-page brief is hereby denied. The clerk of this court shall return the brief submitted provisionally with appellant's motion unfiled. Appellant shall have 20 days from the date of this order within which to file and serve a revised brief of no more than 80 pages. The State shall have 30 days thereafter within which to file and serve an answering brief of no more than 80 pages. Appellant shall file and serve a reply brief of no more than 40 pages within 30 days of service of the State's brief. Additionally, this court has concluded that this appeal warrants en banc review. Accordingly, upon the completion of briefing, the clerk of this court shall assign this appeal for this court's en banc consideration. | | 03-10307
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| 06/30/2003 | Brief | Filed Opening Brief. | | 03-10989
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| 07/30/2003 | Motion | Filed Stipulation and Order. Brief due: August 29, 2003. | | 03-12841
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| 08/08/2003 | Transcript | Filed Transcript. Proceedings: May 6, 2002; May 8, 2002; May 9, 2002; May 15, 2002; May 23, 2002. Court Reporters: Susan C. Kiger; Julie Ann Kernan; John Molezzo. | | 03-13308
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| 08/11/2003 | Transcript | Filed Transcript. Proceedings: May 13, 2002; May 16, 2002; May 23, 2002; May 30, 2002; and June 11, 2002. Court Reporter: Julie Ann Kernan. | | 03-13387
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| 08/25/2003 | Transcript | Filed Transcript. Proceedings: May 10, 2002; May 17, 2002; May 28, 2002; June 12, 2002; June 20, 2002. Court Reporters: Susan C. Kiger; Robert R. Molezzo; and Julie Ann Kernan. | | 03-14309
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| 08/27/2003 | Transcript | Filed Transcript. Proceedings: May 7, 2002; May 14, 2002; May 20, 2002; May 21, 2002; and May 31, 2002. Court Reporters: Julie Ann Kernan; Susan C. Kiger and Robert R. Molezzo. | | 03-14484
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| 08/29/2003 | Motion | Filed Motion to Extend Time. | | 03-14636
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| 09/02/2003 | Transcript | Filed Transcript. Proceedings: 5/24/02, 6/5/02, 6/7/02, 6/10/02, 6/13/02. Court Reporter: Richard Molezzo. | | 03-14663
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| 09/02/2003 | Order/Procedural | Filed Order Granting Motion. filed August 29, 2003. Respondent shall have until September 29, 2003, to file and serve the answering brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 03-14741
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| 09/03/2003 | Transcript | Filed Transcript. Proceedings: 06/04/02; 06/03/02; 06/14/02; 06/06/02; and 09/20/02. Court Reporter: Julie Ann Kernan. | | 03-14797
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| 09/04/2003 | Transcript | Filed Transcript. Proceedings: 4/29/02; 5/29/02; 6/17/02; 6/18/02; 6/19/02; 10/28/02. Court Reporters: John Molezzo, Robert Molezzo, Julie Ann Kernan. | | 03-14872
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| 09/30/2003 | Brief | Filed Answering Brief. | | 03-16283
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| 10/24/2003 | Motion | Filed Motion and Order Extending Time. Brief due: 12/03/03. | | 03-17809
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| 11/26/2003 | Brief | Filed Reply Brief. | | 03-19827
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| 12/02/2003 | Appendix | Filed Appendix. Appellant's Supplemental Appendix. Vols. 1 through 14. | | 03-20055
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| 12/11/2003 | Motion | Filed Motion to Strike. Motion to Strike Bergna's Supplemental Appendix. | | 03-20644
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| 12/17/2003 | Motion | Filed Response to Motion. Response in Opposition to Motion to Strike Bergna's Supplemental Appendix. | | 03-21040
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| 01/09/2004 | Motion | Filed Motion. Motion re: Oral Argument. | | 04-00549
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| 01/12/2004 | Order/Procedural | Filed Order Denying Motion. Respondent has moved this court to strike appellant's supplemental appendix filed on December 2, 2003. Alternatively, respondent request this court to strike pages 10-15 of the reply brief. Appellant opposes the motion. No good cause appearing, we deny the motion. | | 04-00638
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| 02/02/2004 | Motion | Filed Motion. Motion for Leave to File Appellant's Supplemental Brief. | | 04-02105
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| 02/05/2004 | Motion | Filed Response to Motion. Response to Bergna's Motion for Leave to file Appellant's Opening Brief. | | 04-02343
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| 02/09/2004 | Order/Procedural | Filed Order Denying Motion. Appellant filed an opening brief in compliance with this court's order of June 20, 2003, and briefing was completed on November 26, 2003. On February 2, 2004, appellant's counsel moved this court for permission to file a 'pro se' supplemental brief raising four issues not include in the opening brief. Counsel asserts that these issues were not included in the opening brief due to this court's 80-page briefing limitation. This court is not persuaded that the 80-page limitation prevented counsel from asserting in the opening brief all viable issues. Accordingly, the motion for permission to file the supplemental brief is hereby denied. | | 04-02445
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| 02/09/2004 | Notice/Outgoing | Issued Letter. to attorney Richard Cornell. Returned unfiled, "The original and two copies of Appellant's Supplemental Brief, received on February 2, 2004." | | |
| 03/16/2004 | Order/Procedural | Filed Order/Motion Granted in Part. Appellant has moved this court for oral argument of at least one hour. Cause appearing, the motion is granted. The clerk of this court shall schedule this appeal for oral argument on the court's June 2004 en banc argument calendar. The argument shall be limited to 60 minutes. Appellant's request for an order specifying issues of particular interest to the court is hereby denied. | | 04-04921
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| 03/26/2004 | Motion | Filed Motion. Motion for Bail Pending Appeal. | | 04-05740
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| 03/26/2004 | Appendix | Filed Appendix. Attachments to Motion for Bail Pending Appeal. | | 04-05741
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| 04/06/2004 | Motion | Filed Response to Motion. Opposition to Bergna's Motion for Bail Pending Appeal. | | 04-06332
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| 04/27/2004 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 23, 2004, at 9:00 a.m. (En Banc) | | |
| 05/28/2004 | Motion | Filed Motion. Motion for Leave to File Supplemental Authorities. | | 04-09915
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| 05/28/2004 | Brief | Filed Supplemental Authorities. Appellant's First Set of Supplemental Authorities (NRAP 31(d)). | | 04-09916
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| 06/02/2004 | Motion | Filed Response to Motion. Opposition to Bergna's Motion for Leave to File Supplemental Authorities. | | 04-10110
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| 06/08/2004 | Order/Procedural | Filed Order Denying Motion. as Moot. Oral argument for this appeal is scheduled for June 23, 2004. Appellant has moved for leave to file a memorandum of supplemental authorities. Respondent opposes the motion. Appellant's memorandum having been timely filed on May 28, 2004, we deny the motion as moot. This court shall disregard appellant's memorandum of supplemental authorities to the extent it improperly raises new issues. | | 04-10547
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| 06/08/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 06/23/2004 | Case Status Update | Submitted for Decision. Before the En Banc Court. EN BANC | | |
| 12/20/2004 | Opinion/Non-Dispositional | Filed Per Curiam Opinion. "Motion denied." Having exercised our independent judgment based upon our review of the record provided, we conclude that Bergna has not established that his release on bail is warranted. Accordingly, we deny the motion. Before the Court EN BANC. Author: Per Curiam. MS/DA/RR/NB/WM/MG/MD. 120 Nev. Adv. Opn. 92. EN BANC. | | 04-23093
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| 12/20/2004 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." EN BANC-MS/DA/RR/NB/WM/MG/MD | | 04-23096
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| 12/27/2004 | Notice/Outgoing | Issued Letter. to the Publishers from Cay Jordan, Editor. Correction made on the original opinion page 1, the counsel for respondent paragraph, line 2: changed "Gary H. Hatlestad, Deputy District Attorney" to "David W. Clifton, Chief Deputy District Attorney." | | |
| 12/29/2004 | Motion | Filed Motion for Excess Pages. Motion for Leave to File Oversized Petition for Rehearing and Renewed Motion to File Proposed Supplemental Brief. | | 04-23691
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| 12/29/2004 | Post-Judgment Petition | Received Petition for Rehearing. | | 04-23694
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| 01/04/2005 | Motion | Filed Response to Motion. Opposition to Bergna's Motion for Leave to File Oversized Petition for Rehearing and Renewed Motion to File Proposed Supplmental Brief. | | 05-00171
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| 01/06/2005 | Motion | Filed Motion. Motion to Supplement Petition for Rehearing with Attached Supplemental Authorities. | | 05-00300
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| 01/06/2005 | Other | Other. Received Supplemental Authorities to Petition for Rehearing.
02/11/05 ORDER: RETURNED UNFILED. | | 05-00301
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| 01/25/2005 | Notice/Outgoing | Issued Letter. to the Publishers from Cay Jordan, Editor. Correction on page 7 of the opinion filed December 20, 2004. | | |
| 02/11/2005 | Order/Procedural | Filed Order. Granting Motion in Part and Denying Motion in Part. Appellant Peter Matthew Bergna has moved this court for permission to file a petition for rehearing in excess of the 10 page limitation contained in NRAP 40(b)(3), and for permission to file a proposed supplemental brief on appeal. The State opposes the motion. Bergna has also submitted proposed supplemental authorities in support of his proposed petition for rehearing. First, Bergna's motion to file a petition for rehearing in excess of 10 pages is hereby granted. The clerk of this court shall file the 17-page petition for rehearing submitted provisionally with the motion, as well as the subsequent supplemental authorities submitted by Bergna. This court notes, however, that to the extent that the petition contains argument respecting issues contained in briefs previously rejected by this court or not included in the briefs that were actually filed and considered by this court, it constitutes improper argument on rehearing. Second, this court previously rejected Bergna's request to file a supplemental brief. Bergna has demonstrated no compelling reason for this court to reconsider that decision. Specifically, on February 9, 2004, this court entered an order denying Bergna's motion for permission to file a supplemental brief. This court has previously ruled that the brief may not be filed and is not inclined to reconsider that decision. Accordingly, Bergna's request to file the brief is hereby denied. | | 05-02770
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| 02/11/2005 | Post-Judgment Petition | Filed Petition for Rehearing. | | 04-23694
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| 02/11/2005 | Notice/Outgoing | Issued Letter. to attorney Richard F. Cornell. Returned unfiled, the "Supplemental Authorities to Petition for Rehearing received on January 6, 2005." | | |
| 02/14/2005 | Other | Other. Filed Supplemental Authorities to Petition for Rehearing. | | 05-00301
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| 02/15/2005 | Other | Other. Filed the original Supplemenal Authorities to Petition for Rehearing. (05-00301) | | |
| 03/24/2005 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[This appeal was submitted for decision before January 1, 2005. Only those justices remaining on the court who participated in the original decision participated in the decision on rehearing.] EN BANC-NB/RR/WM/MD | | 05-05804
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| 04/19/2005 | Remittitur | Issued Remittitur. | | 05-06108
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| 04/19/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/26/2005 | Remittitur | Filed Remittitur. Received by District Court Clerk on April 20, 2005. | | 05-06108
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