| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/19/2002 | Filing Fee | Filing Fee Waived. | | |
| 09/19/2002 | 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.) | | 02-16343
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| 09/23/2002 | Docketing Statement | Filed Docketing Statement. | | 02-16483
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| 09/25/2002 | Notice/Outgoing | Issued Notice to Transmit Required Document. Order Denying Motion to Amend filed 6/12/02. Due Date: 10 days | | |
| 10/01/2002 | Motion | Filed Motion. Motion for Temporary Remand to Allow Entry of a Final Judgment. | | 02-16985
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| 10/11/2002 | Order/Incoming | Filed District Court Order. Certified copy of Order Denying Motion to Amend filed in district court on June 12, 2002. | | 02-17613
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| 11/06/2002 | Order/Procedural | Filed Order Denying Motion. On October 1, 2002, the State filed a motion seeking a temporary remand of this matter to the district court so that the district court can enter a final judgment. Because the district court has not yet entered a final judgment in the case, appellant's notice of appeal of September 17, 2002, has not yet vested jurisdiction in this court to entertain the appeal from the final judgment. Under these circumstances, a remand is unnecessary because the district court still retains jurisdiction to enter a final judgment resolving appellant's petition. Accordingly, we deny the State's motion for a temporary remand. The district court shall have 20 days from the date of this order to enter a final, written judgment resolving appellant's petition. Upon entry of the judgment, the clerk of the district court shall immediately transmit a certified copy to the clerk of this court. Thereafter, this appeal shall proceed as provided in the Nevada Rules of Appellate Procedure and in Supreme Court Rule 250. | | 02-19105
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| 12/03/2002 | Order/Procedural | Filed Order. To date, appellant has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within 10 days from the date of this order, file and serve the required document. | | 02-20653
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| 12/04/2002 | Motion | Filed Motion. Motion for Order Setting Due Date for Filing of Opening Brief and Appendix. | | 02-20768
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| 12/06/2002 | Transcript Request | Filed Certificate of No Transcript Request. | | 02-20919
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| 12/11/2002 | Letter/Incoming | Filed Letter. from attorney Glynn B. Cartledge. She is co-counsel for the appellant in this matter. | | 02-21194
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| 12/20/2002 | Order/Incoming | Filed District Court Order. Certified copy of Findings of Fact, Conclusions of Law and Order filed in district court on November 26, 2002; and Notice of Entry of Order filed November 26, 2002. | | 02-21816
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| 03/03/2003 | Order/Procedural | Filed Order/Briefing Schedule. On December 20, 2002, a certified copy of the "Findings of fact, Conclusions of Law and Order" was filed in this court. That order was filed in the district court on November 26, 2002. Accordingly, appellant shall have until March 26, 2003, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed with NRAP 31(a)(1). In light of this order, we deny as moot, appellant's motion for an order setting the due date for the opening brief and appendix. | | 03-03428
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| 03/17/2003 | Motion | Filed Motion to Extend Time. | | 03-04478
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| 03/19/2003 | Motion | Filed Motion to Extend Time. Amended Motion for Extension of Time to File Appellant's Opening Brief and Appendix. | | 03-04705
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| 03/31/2003 | Order/Procedural | Filed Order Granting Motion. Appellant shall have until May 27, 2003, to file and serve the opening brief (and appendix). Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-05356
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| 05/27/2003 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to File Appellant's Opening Brief and Appendix (Second Request). | | 03-08871
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| 06/02/2003 | Order/Procedural | Filed Order Granting Motion. filed May 27, 2003. Appellant shall have until June 30, 2003, to file and serve the opening brief and appendix. Thereafter, brief shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extraordinary circumstances and extreme need. | | 03-09101
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| 06/27/2003 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to file Appellant's Opening Brief and Appendix (Third and Final Request-10 days requested.) | | 03-10826
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| 07/10/2003 | Motion | Filed Motion for Excess Pages. Motion for leave to file oversized brief. | | 03-11631
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| 07/14/2003 | Notice/Incoming | Filed Proof of Service. (Motion for Leave to File Oversized Brief). | | 03-11855
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| 07/18/2003 | Order/Procedural | Filed Order Denying Motion. and Assigning Appeal for En Banc Review. Appellant has moved this court for permission to file a 152-page opening brief. Having reviewed appellant's motion and the opening brief submitted provisionally with the motion, this court has concluded that a brief of no more than 80 pages will provide appellant an ample and fair opportunity to fully brief the matters at issue in this appeal. Appellant's motion to file the 152-page brief is hereby denied. The clerk of this court shall return the proposed opening brief to appellant's counsel unfilled. Appellant shall have 30 days from the date of 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 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. In light of this determination, appellant's motion for an extension of time to file and serve the opening brie and appendix is hereby denied. This court has concluded that this appeal warrants en banc review. Upon the completion of briefing, the clerk of this court shall assign this appeal for this court's en ban consideration. | | 03-12184
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| 07/18/2003 | Notice/Outgoing | Issued Letter. to attorney Glynn B. Cartledge. Returned unfiled, the original and two copies of the "152-page Appellant's Opening Brief" received on July 10, 2003. | | |
| 08/18/2003 | Brief | Filed Opening Brief. | | 03-13750
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| 08/18/2003 | Appendix | Filed Appendix. Appellant's Supplemental Appendix. | | 03-13751
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| 08/18/2003 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 17. | | 03-11634
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| 09/18/2003 | Motion | Filed Stipulation. | | 03-15641
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| 10/02/2003 | Order/Procedural | Filed Order/Stipulation Approved. We approve the stipulation extending the time for the filing of the answering brief filed on September 18, 2003. Respondent shall have until October 18, 2003, to file and serve the answering brief. | | 03-16412
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| 10/03/2003 | Motion | Filed Motion to Strike. Motion to Strike Portions of Appellant's Appendix and Supplemental Appendix. | | 03-16492
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| 10/06/2003 | Motion | Filed Motion. Motion to Require Production of Volume 17 of the Appendix, or to Strike Portions of the Opening Brief. | | 03-16591
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| 10/06/2003 | Motion | Filed Motion. Motion to Suspend Briefing Schedule. | | 03-16592
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| 10/13/2003 | Motion | Filed Response to Motion. Response to Motion to Strike Portions of Appellant's Appendix and Supplemental Appendix. | | 03-16953
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| 10/13/2003 | Motion | Filed Response to Motion. Response to Motion to Require Production of Volume 17 of the Appendix, or to Strike Portions of the Opening Brief and Opposition to Motion to Suspend Briefing Schedule. | | 03-16954
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| 10/20/2003 | Motion | Filed Motion to Extend Time. | | 03-17462
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| 11/07/2003 | Order/Procedural | Filed Order. This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus in a capital case. The State has moved to strike portions of appellant's appendix and supplemental appendix, to require production of a sealed volume of the appendix, and to suspend the briefing schedule. Appellant opposes these motions. The State moves to strike from appellant's supplemental appendix a copy of a 150-page opening brief that appellant unsuccessfully submitted to this court in July of this year. Although we deny the State's motion to strike the unfilled brief from the supplemental appendix, we will not consider that brief in deciding this appeal. We also deny the State's motion to strike portions of appellant's appendix that it calls unnecessary. The only portion specified by the State is the trial transcript; however, appellant assures this court that he has referenced this transcript throughout his opening brief and that it is relevant to his appeal. Volume 17 of appellant's appendix was filed under seal. It contains appellant's written ex part motion asking the district court to provide funds for an investigative expert. Assuming that volume 17 of appellant's appendix includes any such privileged materials, we order the State to use them only for the litigation of this habeas proceeding and not to disclose them to anyone outside the Washoe County District Attorney's office. With this proviso, we grant the State's motion and order appellant to serve volume 17 on the State within 5 days of the date of this order. We grant the State's motion to suspend the briefing schedule and direct the State to file its answering brief no later than 30 days after it has been served with volume 17 of appellant's appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). fn5[See also SCR 250(7)(c). We deny as moot the State's motion of October 20, 2003, requesting an extension of time to file the answering brief.] | | 03-18668
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| 12/15/2003 | Brief | Filed Answering Brief. | | 03-20784
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| 12/15/2003 | Appendix | Filed Appendix to Answering Brief. Vols. 1 and 2. | | 03-20785
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| 01/06/2004 | Motion | Filed Motion to Extend Time. | | 04-00281
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| 01/09/2004 | Order/Procedural | Filed Order Granting Motion. filed January 6, 2004. Appellant shall have until February 13, 2004, to file and serve the reply brief. | | 04-00540
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| 02/10/2004 | Motion | Filed Motion to Extend Time. | | 04-02564
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| 02/11/2004 | Other | Other. Filed Attachment to Motion for Extension of Time to File Appellant's Reply Brief. | | 04-02718
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| 02/13/2004 | Order/Procedural | Filed Order Granting Motion. filed February 10, 2004. Appellant shall have until March 12, 2004, to file and serve the reply brief. | | 04-02826
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| 03/15/2004 | Motion | Filed Motion to Extend Time. (Third request-capital case.) | | 04-04864
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| 03/18/2004 | Order/Procedural | Filed Order Granting Motion. filed March 15, 2004. Appellant shall have to and including March 19, 2004, to file and serve the reply brief. | | 04-05124
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| 03/22/2004 | Motion | Filed Motion for Excess Pages. Motion for Leave to File Oversized Brief (Reply Brief). | | 04-05343
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| 03/22/2004 | Brief | Received Reply Brief. | | 04-05344
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| 03/23/2004 | Order/Procedural | Filed Order Granting Motion. filed March 22, 2004. The clerk of this court shall file the 42-page reply brief that was provisionally submitted with the motion. | | 04-05476
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| 03/23/2004 | Brief | Filed Reply Brief. STRICKEN BY ORDER 03/30/04. | | 04-05344
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| 03/23/2004 | Case Status Update | Submitted for Decision. | | |
| 03/30/2004 | Order/Procedural | Filed Order. Striking Reply Brief. On March 23, 2004, this court entered an order granting appellant permission to file a 42-page reply brief. Upon closer inspection of the brief, it is apparent that the brief not only fails to conform to the 40-page limitation, it also does not comply with the Nevada Rules of Appellate Procedure in several other respects. Accordingly, the clerk of this court shall strike appellant's reply brief. Appellant shall have 20 days from the date of this order to file and serve an amended reply brief of no more than 40 pages that conforms to the Nevada Rules of Appellate Procedure. We emphasize that this court will not accept a brief in excess of the 40 page limitation. | | 04-05898
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| 03/31/2004 | Other | Other. Received Certificate of Compliance to the Reply Brief that was stricken on 03/30/04. Attached to inside back cover of original copy only. | | |
| 04/20/2004 | Brief | Filed Reply Brief. Amended Reply Brief. | | 04-07292
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| 09/16/2004 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court EN BANC. Author: Rose, J. We concur: Shearing, C.J., Becker, Maupin and Douglas, JJ. Gibbons, J., with whom Agosti, J., agrees, dissenting. 120 Nev. Adv. Opn. No. 68. EN BANC. | | 04-17026
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| 10/04/2004 | Post-Judgment Petition | Filed Petition for Rehearing. | | 04-18297
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| 12/16/2004 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). EN BANC | | 04-22919
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| 01/11/2005 | Remittitur | Issued Remittitur. | | 05-00034
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| 01/11/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/28/2005 | Remittitur | Filed Remittitur. Received by District Court Clerk on January 21, 2005. | | 05-00034
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