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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 39737
Short Caption:LEPLEY (BRIAN) VS. STATECourt:Supreme Court
Related Case(s): 32562 , 66284
Lower Court Case(s):Nye Co. - Fifth Judicial District - CR2744Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:10/15/2003 at 9:30 AMOral Argument Location:Carson City
Submission Date:10/15/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
06/06/2002Filing Fee Filing Fee Waived.
06/06/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 02-09922
06/18/2002Order/ProceduralFiled Order/Fast Track. Appellant was represented in the district court by Robert Glennen. At sentencing, the district court appointed Steve E. Evenson as appellate counsel. Mr. Glennen may not withdraw until he has fulfilled the obligations placed on trial counsel by NRAP 3C9b). Specifically, Mr. Glennen must first file a fast track statement. Mr. Glennen shall, within 10 days of the date of this order, file a transcript request form or a certificate stating that no transcript is required and shall file a fast track statement (and appendix) within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. fn2[Mr. Evenson shall continue as appellate counsel, and may file a supplemental fast track statement if necessary.] 02-10588
07/29/2002TranscriptFiled Transcript. Proceedings: May 6, 2002. Court Reporter: Jeanie Wright. 02-12993
08/12/2002MotionFiled Stipulation. 02-13748
08/29/2002MotionFiled Motion to Extend Time. 02-14998
09/05/2002Order/ProceduralFiled Order Granting Motion. filed August 29, 2002. fn1[On August 12, 2002, 2002, the parties to this appeal filed a "Stipulation to Extend Time to File the Opening Brief." Because this appeal is subject to NRAP 3C, that stipulation is disapproved.] Counsel for appellant shall have 30 days from the date of this order to file and serve the fast track statement and appendix. 02-15284
09/16/2002Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: November 13, through November 16, 2001 (Trial). Court Reporter: Jeannie Wright. Filed in district court on: 06/28/02. 02-16128
10/09/2002AppendixFiled Appendix to Fast Track Statement. 02-17476
10/11/2002MotionFiled Motion to Extend Time. (Second Request) 02-17614
11/13/2002Order/ProceduralFiled Order Granting Motion. filed October 11, 2002. Appellant's counsel Robert E. Glennen shall have 10 days from the date of this order to file and serve the fast track statement and appendix. 02-19466
11/27/2002TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: November 13, through November 16 2001 (Trial). Court Reporter: Jacquie J. Chaney. 02-20468
12/02/2002MotionFiled Motion for Excess Pages. Motion for Fast Track Statement in Excess of Ten Pages. 02-20558
12/20/2002Order/ProceduralFiled Order Granting Motion. filed December 2, 2002. The clerk of this cout shall file the 22-page fast track statement provisionally submitted on December 2, 2002. 02-21834
12/20/2002Fast Track BriefFiled Fast Track Statement. 02-20559
01/08/2003Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due: January 16, 2003. 03-00382
01/21/2003Fast Track BriefFiled Fast Track Response. 03-01027
01/27/2003Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 40 days. fn1[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] fn2[We suspend the requirement in NRAP 9 for counsel to file a certified transcript.] Answering brief and reply brief shall be filed in compliance with NRAP 31. 03-01442
03/14/2003BriefFiled Opening Brief. Mailed on: 03/11/03. 03-04340
04/17/2003BriefFiled Answering Brief. 03-06565
05/22/2003BriefFiled Reply Brief. 03-08714
08/26/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 15, 2003, at 9:30 a.m. (NNP04S-NB/MS/MG)
09/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
10/03/2003BriefFiled Supplemental Brief. Appellant's Supplemental Brief. 10/13/03 Order: we conclude the supplemental brief filed pursuant to NRAP 31(d) is procedurally deficient and this court will take no action upon it. 03-16538
10/13/2003Order/ProceduralFiled Order. Regarding Appellant's Supplemental Brief. This appeal is scheduled for orl argument on October 15, 2003. Appellant has filed a document entitled "Appellant's Supplemental Brief." Appellant represents that the brief is filed pursuant to NRAP 31(e). fn1[I appears this is a typographical error as appellant quotes NRAP 31(d) for authority. We also note that the brief, initially, incorrectly identifies "LANCE BASSETT" as the appellant and incorrectly cites to SCR 40A.] It appears that "Appellant's Supplemental Brief" filed pursuant to NRAP 31(d) is actually a supplement to the opening and reply briefs already on file, and not a memorandum of supplemental authorities. We conclude the supplemental brief filed pursuant to NRAP 31(d) is procedurally deficient and this court will take no action upon it. 03-16949
10/15/2003Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP04S-NB/MS/MG
11/04/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP04S-NB/MS/MG 03-18365
12/01/2003Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: November 24, 2003. 03-19929
12/09/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP04S-NB/MS/MG 03-20434
12/22/2003Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: 12/19/03. 03-21276
01/06/2004RemittiturIssued Remittitur. 04-00003
01/06/2004Case Status Update Remittitur Issued/Case Closed.
01/21/2004RemittiturFiled Remittitur. Received by County Clerk on January 8, 2004. 02/24/04 ORDER: REMITTITUR RECALLED. 04-00003
01/23/2004Order/ProceduralFiled Order. Directing Answer to Petition for En Banc Reconsideration. Respondent shall have 15 days from the date of this order to file and serve an answer to the petition. 04-01471
02/11/2004Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Respondent's Answer to Petition for En Banc Reconsideration. 04-02736
02/24/2004Order/ProceduralFiled Order. Recalling Remittitur. On December 22, 2003, appellant filed a petition for en banc reconsideration of the Order of Affirmance entered by a panel of this court on November 4, 2003. On January 23, 2004, this court ordered respondent to file an answer to the petition. We recall the remittitur and stay its issuance pending our resolution of the petition for en banc reconsideration. 04-03569
04/27/2004Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." fn1[The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] Shearing, C.J., Agosti, Becker, and Gibbons, JJ. Rose, J., with whom, Maupin, J., agrees, dissenting. EN BANC 04-07694
06/02/2004RemittiturIssued Remittitur. 04-10039
06/02/2004Case Status Update Remittitur Issued/Case Closed.
06/16/2004RemittiturFiled Remittitur. Received by County Clerk on June 4, 2004. 04-10039
10/07/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed August 26, 2004, and placed on the docket October 1, 2004, as Case No. 04-6571. 04-18661
12/13/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 04-22672