| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 05/18/2000 | Filing Fee | Filing Fee Waived. | | |
| 05/18/2000 | 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). | | 00-08299
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| 06/27/2000 | Order/Procedural | Filed Order/Show Cause. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement and either a transcript request form or a certificate of no transcript request or show cause why sanctions should not be imposed against counsel for appellant. | | 00-10944
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| 07/10/2000 | Docketing Statement | Filed Docketing Statement. | | 00-11715
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| 07/10/2000 | Transcript Request | Filed Certificate of No Transcript Request. | | 00-11716
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| 08/22/2000 | Motion | Filed Motion to Extend Time. | | 00-14770
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| 08/28/2000 | Order/Procedural | Filed Order Granting Motion. We grant appellant's motion for an extension of time, to and including October 5, 2000, within which to file and serve the opening brief. | | 00-15074
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| 10/06/2000 | Motion | Filed Motion to Extend Time. (Death Penalty Case). 15 days requested. | | 00-17748
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| 10/12/2000 | Order/Procedural | Filed Order Granting Motion. Appellant shall have to and including October 20, 2000, within which to file and serve the opening brief. | | 00-18131
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| 10/23/2000 | Motion | Filed Motion to Extend Time. Motion for One Business Day Enlargement of Time in which to File Opening Brief (Death Penalty Case). | | 00-18725
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| 10/23/2000 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 5. | | 00-18726
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| 10/24/2000 | Motion | Filed Motion to Extend Time. Motion for Two Day Additional Enlargement of Time in which to File Opening Brief (Death Penalty Case). | | 00-18792
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| 10/26/2000 | Order/Procedural | Filed Order Granting Motion. We grant appellant's October 23, 2000 and October 24, 2000 motions for extensions of time to file the opening brief. Appellant shall have three days from the date of this order to file and serve the opening brief. | | 00-18917
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| 10/26/2000 | Motion | Filed Motion to Extend Time. Motion for Two Day Additional Enlargement of Time in Which to file Opening Brief. (death penalty) | | 00-18954
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| 11/01/2000 | Motion | Filed Motion to Extend Time. Final Motion for Additional Enlargement of Time in which to File Opening Brief. | | 00-19201
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| 11/06/2000 | Motion | Filed Motion to Extend Time. Motion for Final Additional Enlargement of Time in which to File Opening Brief. | | 00-19498
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| 11/22/2000 | Order/Procedural | Filed Order Granting Motion. We note that appellant has filed seven motions for extensions of time to file the opening brief. Such multiple motions tax this court's limited resources. We caution counsel for appellant, Mary Beth Gardner, that additional delay in the prosecution of this appeal may result in the imposition of sanctions including, but not limited to, referral to the State Bar of Nevada for investigation. As the time requested in appellant's motions of October 26, 2000, November 1, 2000 and November 6, 2000, has passed without a brief being submitted, we deny these motions as moot. However, in the interest of justice, we extend the time to file and serve the opening brief. Appellant shall file and serve the opening brief within 7 days from the date of this order. | | 00-20518
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| 12/22/2000 | Motion | Filed Motion for Excess Pages. Motion for Leave to File Oversized Opening Brief Out of Time, at This Time (Death Penalty Case). | | 00-22292
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| 01/03/2001 | Notice/Incoming | Filed Notice of Association of Counsel. Notice of Representation of Respondents. David F. Sarnowski, Chief Deputy A.G., represents respondents. | | 01-00174
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| 03/12/2001 | Order/Procedural | Filed Order Granting Motion. The clerk of this court shall file the 128-page opening brief received on December 22, 2000. Appellant shall file and serve a supplemental appendix containing all the necessary transcripts for this appeal within 20 days from the date of this order and the supplemental appendix shall be prepared in a manner that is consistent with the citations in the opening brief. Respondent shall have 30 days from the date of the filing of the supplemental appendix to file and serve an answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31 (a)(1). We caution appellant's counsel that any additional failure to comply with orders or rules of this court may result in the imposition of sanctions, including referral to the State Bar of Nevada. | | 01-04425
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| 03/12/2001 | Brief | Filed Opening Brief. Mailed on: 12/18/00. | | 00-22294
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| 05/16/2001 | Order/Procedural | Filed Order. To date, attorney Gardner has failed to file a supplemental appendix as directed in our order filed March 12, 2001. Because of the delay caused in the briefing of this appeal by attorney Gardner's procedural derelictions, and her failure to comply with orders of this court, we conclude that the imposition of sanctions against attorney Gardner is appropriate. Accordingly, attorney Gardner shall personally pay the sum of $500 to the Supreme Court Law Library within 15 days from the date of this order. Attorney Gardner shall also file an affidavit or certificate of proof of such payment with the clerk of this court within the same time period. Failure to fully comply with this order may result in the imposition of additional sanctions including referral to the State Bar of Nevada for investigation. In order to expedite the review of this appeal, we vacate that portion of our March 12, 2001 order directing appellant to file a supplemental appendix, and directing respondent to file an answering brief within thirty days from the filing of the supplemental appendix. We hereby direct the clerk of the district court to certify and transmit to the clerk of this court copies of the trial transcripts filed in district court case number 978280 within 20 days from the date of this order. Respondent shall file an answering brief within 40 days from the date of this order. Thereafter, briefing shall proceed under the provisions of NRAP 31(a)(1). | | 01-08156
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| 05/21/2001 | Letter/Incoming | Filed Letter. from Pershing County Clerk, enclosing copy of district court docket entries, and stating that there are no trial transcripts filed in no. CV97-8280. | | 01-08400
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| 06/01/2001 | Notice/Incoming | Filed Certificate of Compliance. Attorney Mary Beth Gardner's Certificate of Compliance. She personally paid $500 (cash) to the Nevada Supreme Court Law Library on May 31, 2001, in accordance with this Court's Order of May 16, 2001. | | 01-09192
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| 06/06/2001 | Order/Procedural | Filed Order. On May 21, 2001, the clerk of the district court submitted a letter to this court indicating that no hearings were held in the post-conviction proceedings below in case number 978280. That letter informed this court that the transcripts of the related trial proceedings were filed in district court case number 5423. We hereby vacate that portion of our May 16, 2001, order directing the clerk of the district court to certify and transmit transcripts filed in district court case number 978280, and direct the clerk of the district court to instead certify and transmit copies of the transcripts filed in district court case number 5423 within 15 days from the date of this order. | | 01-09464
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| 06/22/2001 | Record on Appeal Documents | Filed Record on Appeal Copy. Vols. 1 through 10 containing Transcripts per order filed 6/6/01. | | 01-10572
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| 06/26/2001 | Motion | Filed Motion to Extend Time. (First Request). | | 01-10789
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| 06/28/2001 | Order/Procedural | Filed Order Granting Motion. filed June 26, 2001. Respondents shall have to and including July 27, 2001, to file and serve the answering brief. | | 01-10921
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| 07/27/2001 | Motion | Filed Motion to Extend Time. (Second Request) | | 01-12769
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| 08/10/2001 | Motion | Filed Motion. Motion to File Answering Brief in Excess of 30 Pages; Motion to File Answering Brief Out of Time; and Motion to File Respondents' Appendix Out ofTime. | | 01-13660
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| 08/22/2001 | Order/Procedural | Filed Order. The clerk of this court shall file the 75 page answering brief and appendix received on August 10, 2001. Appellant may file a reply brief, if deemed necessary, within 30 days of service of the answering brief. | | 01-14232
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| 08/22/2001 | Brief | Filed Answering Brief. Mailed on: Hand delivered: 08/10/01. | | 01-13661
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| 08/22/2001 | Appendix | Filed Appendix to Answering Brief. Volumes I through IV. | | 01-13662
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| 08/31/2001 | Order/Procedural | Filed Order. Our review of appellant's opening brief indicate that the brief filed with this court is deficient. Specifically, pages 85 and 119 are missing. Appellant shall have 5 days from the date of this order to furnish this court with a copy of the missing pages of appellant's opening brief. | | 01-14773
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| 09/06/2001 | Other | Other. Filed Pages 85 and 119 of Appellant's Opening Brief. | | 01-15038
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| 09/11/2001 | Motion | Filed Motion to Extend Time. | | 01-15318
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| 10/03/2001 | Order/Procedural | Filed Order Granting Motion. filed September 11, 2001. Appellant shall have until October 10, 2001, to file and serve the reply brief. | | 01-16648
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| 10/12/2001 | Motion | Filed Motion to Extend Time. Motion for Additional Enlargement of Time in Which to File Appellant's Reply Brief. | | 01-17249
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| 10/22/2001 | Order/Procedural | Filed Order Granting Motion. filed October 12, 2001. Appellant shall have to and including November 9, 2001, to file and serve the reply brief. | | 01-17712
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| 11/26/2001 | Motion | Filed Motion. Respondent's Motion to Order End of Briefing. | | 01-19754
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| 11/26/2001 | Brief | Filed Supplemental Authorities. Notice of Additional Authority. | | 01-19756
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| 03/28/2002 | Order/Procedural | Filed Order Granting Motion. requesting this court to declare that briefing in this appeal is complete, filed November 26, 2001. We elect to treat the failure to file a reply brief by the time allowed by order of this court as a waiver of the right to file a reply brief. We consider the briefing of this appeal to be complete. | | 02-05481
|
| 03/28/2002 | Case Status Update | Submitted for Decision. | | |
| 04/04/2002 | Notice/Incoming | Filed Notice of Appearance. Notice of Representation of Respondents. David K. Neidert, Deputy A.G., representing respondents. | | 02-05996
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| 05/13/2002 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/DA/ML | | 02-08318
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| 06/07/2002 | Remittitur | Issued Remittitur. | | 02-08392
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| 06/07/2002 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 06/13/2002 | Remittitur | Filed Remittitur. Received by County Clerk on June 10, 2002. | | 02-08392
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