| Case Information: 42161 | |||
| Short Caption: | IN RE: PARENTAL RIGHTS AS TO CROCKETT | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - D296950 | Classification: | Original Proceeding - Civil - Prohibition |
| Disqualifications: | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | En Banc | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | 02/10/2004 at 11:00 AM | Oral Argument Location: | Carson City |
| Submission Date: | 02/10/2004 | How Submitted: | After Oral Argument |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 10/10/2003 | Filing Fee | Received Filing Fee Paid on Filing. $250.00 from Cuthbert E.A. Mack--check no. 1627. | ||
| 10/10/2003 | Petition/Writ | Filed Petition for Writ of Prohibition. | 03-16854 | |
| 10/10/2003 | Notice/Outgoing | Issued Notice of Procedural Deficiency. Affidavit & proof of service. Due Date: 10 days | ||
| 10/14/2003 | Order/Procedural | Filed Order. Granting Temporary Stay and Directing Answer. We grant petitioner's request and temporarily stay the district court's proceedings in District Court Case No. D296950, pending our receipt and consideration of an answer. Real parties in interest, on behalf of respondents, shall have 30 days from this order's entry to file an answer, including authorities, against issuance of the requested writ. | 03-17065 | |
| 10/17/2003 | Other | Other. Filed Memorandum of Points and Authorities in Support of Petition for Writ of Prohibition. | 03-17315 | |
| 10/27/2003 | Notice/Incoming | Filed Proof of Service. Memorandum of Points and Authorities in Support of Petition for Writ of Prohibition to Susan Williams Scann and Israel L. Kunin. | 03-17932 | |
| 10/27/2003 | Notice/Incoming | Filed Proof of Service. Memorandum of Points and Authorities in Support of Petition for Writ of Prohibition to Deaner, Deaner, Scann Malan & Larsen. | 03-17934 | |
| 10/27/2003 | Notice/Incoming | Filed Proof of Service. Letter to the Nevada Supreme Court Dated October 24, 2003. | 03-17937 | |
| 10/27/2003 | Notice/Incoming | Filed Affidavit. Affidavit of Petitioner Billy Dee Phillips in Support of his Petition for Writ of Prohibtion. | 03-17938 | |
| 11/14/2003 | Petition/Writ | Filed Answer to Petition for Writ. | 03-18977 | |
| 12/15/2003 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 10, 2004, at 11:00 a.m. (En Banc) | ||
| 01/26/2004 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | ||
| 01/28/2004 | Order/Procedural | Filed Order. Granting Stay. On October 10, 2003, petitioner requested a stay pending this petition's resolution. We granted a temporary stay on October 14, 2003, pending our receipt and consideration of an answer, which was filed on November 14, 2003. Four factors guide our consideration of a motion for stay in child custody matters. Weighing these factors, we conclude that our stay of the proceedings in District Court Case No. D296950 should remain in effect for the duration of this petition. | 04-01774 | |
| 02/10/2004 | Case Status Update | Submitted for Decision. EN BANC. | ||
| 02/11/2004 | Notice/Outgoing | Issued Notice of Modification of Caption. Parties are advised to notify this office in writing within 10 days if the caption as modified does not accurately reflect the status of the parties. | ||
| 03/29/2004 | Order/Dispositional | Filed Order Granting Petition. This is an original petition for a writ of mandamus challenging district court orders in a termination of parental rights proceeding. fn1[Petitioner entitled his writ petition, in part, a 'Petition for Writ of Prohibition,' but in his petition he seeks mandamus and certiorari review. In the interest of judicial economy, we construe the petition as one for mandamus relief.] Although we deny the specific relief requested by Billy in his petition, we have determined that some relief is warranted, given the unique procedural posture of this case. 'We direct the clerk of this court to issue a writ of mandamus compelling the district court to determine child custody as soon as possible and to delay any consideration of the termination petitions until the custody issue is resolved.' fn19[In light of this petition's disposition, we vacate the stay imposed by our January 28, 2004 order. Justice Leavitt having died in office on January 9, 2004, this matter was decided by a six-justice court.] EN BANC | 04-05747 | |
| 03/29/2004 | Writ | Issued Writ. Original and one copy of writ and copy of order mailed to Cuthbert E.A. Mack for service upon Judge Gloria S. Sanchez. | 04-05838 | |
| 04/08/2004 | Writ | Filed Writ. Served on Judge Steele on 04/02/04 (Called for corrected certificate of service - writ should have been served on Judge Sanchez). | 04-05838 | |
| 04/23/2004 | Remittitur | Issued Notice in Lieu of Remittitur. | 04-06600 | |
| 04/23/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 11/16/2004 | Order/Procedural | Filed Order. to File Amended Proof of Service. On April 8, 2004, Mr. Mack returned and filed the original writ of mandamus with this court. However, the proof of service attached to the writ of mandamus indicated that it had been served on the wrong district court judge. Accordingly, we hereby direct Mr. Mack to file, within 10 days from the date of this order, amended proof of service indicating that District Judge Gloria S. Sanchez has been served with the original writ petition this court issued in the above-captioned matter. | 04-21026 | |
| 12/06/2004 | Notice/Incoming | Filed Proof of Service. Certificate of Mailing of Writ of Mandamus served upon District Judge Sanchez. | 04-22185 | |