| Case Information: 39864 | |||
| Short Caption: | BENNETT (ASHLEY) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 40097 , 44745 , 46324 , 59024 , 70618 , 70618-COA , 76801 , 76801-COA , 81873 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C175914 | Classification: | Criminal Appeal - Life - Direct |
| Disqualifications: | Douglas | Case Status: | Remittitur Issued/Case Closed |
| Replacement: | Senior Justice Shearing for Justice Douglas | Panel Assigned: | Panel |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 08/27/2004 | How Submitted: | On Briefs |
| Party Information | ||
| Role | Party Name | Represented By |
| Appellant | Ashley William Bennett | Martin R. Boyers (Former) (Markoff & Boyers) Christopher R. Oram Stanley A. Walton (Former) |
| Respondent | The State of Nevada | Attorney General/Carson City James Tufteland (Clark County District Attorney) |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 07/03/2002 | Filing Fee | Filing Fee Waived. | ||
| 07/03/2002 | 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.) | 02-11394 | |
| 07/03/2002 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | ||
| 07/12/2002 | Docketing Statement | Filed Docketing Statement. | 02-11951 | |
| 07/12/2002 | Notice of Appeal Documents | Filed Case Appeal Statement. Certified copy filed in district court on: July 10, 2002. | 02-11952 | |
| 08/30/2002 | 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 of the date of this order, file and serve the required document. | 02-15044 | |
| 09/10/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: June 18, 2002. To Court Reporter: Cat Nelson. | 02-15617 | |
| 10/30/2002 | Notice/Incoming | Filed Notice of Appearance. Martin R. Boyers enters his appearance as co-counsel. | 02-18701 | |
| 10/30/2002 | Motion | Filed Motion. Motion to Hold Briefing Schedule in Abeyance, or, Alternatively, Motion for Extension of Time to File Opening Brief and Appendix. | 02-18703 | |
| 11/06/2002 | Order/Procedural | Filed Order Denying Motion. Denying Motion in Part. Appellant has moved this court to hold this appeal in abeyance pending the filing and disposition of a motion for a new trial in the court below. Alternatively, appellant requests an extension of time to file the opening brief and appendix to and including February 28, 2003. We deny appellant's request to hold this appeal in abeyance. Appellant shall have to and including January 3, 2003, to file the opening brief and appendix. | 02-19115 | |
| 11/07/2002 | Order/Procedural | Order. To date, Court recorder Cat Nelson has not filed the requested transcripts. Ms. Nelson shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, Ms. Nelson shall, within the same time period, file a motion requesting an extension of time or if the transcripts cannot be produced, notify this court, in writing, of this fact. | 02-19205 | |
| 11/13/2002 | Motion | Filed Motion. Motion to Withdraw as Co-Counsel of Record. | 02-19519 | |
| 12/11/2002 | Letter/Incoming | Filed Letter. from Court Reporter Cathy Nelson regarding transcripts. | 02-21159 | |
| 12/18/2002 | Order/Procedural | Filed Order Granting Motion. On November 13, 2002, attorney Martin R. Boyers filed a motion to withdraw as co-counsel of record for appellant. We grant the motion. The clerk of this court shall remove Mr. Boyers as co-counsel for appellant. fn1[This court docket indicates that Mr. Stanley A. Walton remains counsel of record for appellant in this appeal. Mr. Walton shall comply with the filing deadlines in this appeal.] | 02-21614 | |
| 01/02/2003 | Motion | Filed Motion. FILED UNDER SEAL. 05/02/03 Order: we deny Mr. Walton's request to file the motion under seal. The clerk of this court shall unseal the motion filed on January 2, 2003. | 03-00128 | |
| 05/02/2003 | Order/Procedural | Filed Order. On January 2, 2003, attorney Stanley A. Walton filed a motion to withdraw as counsel for appellant. Mr. Walton has requested this court to file the motion under seal. No good cause appearing, we deny Mr. Walton's request to file the motion under seal. The clerk of this court shall unseal the motion filed on January 2, 2003. We grant the unopposed motion. The clerk of this court shall remove Mr. Walton as counsel of record for appellant. We remand this appeal for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain new counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court. New counsel shall have 100 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). On November 7, 2002, this court entered an order directing court recorder Cat Nelson to prepare and file the transcripts for proceedings conducted on June 18, 2002. On December 11, 2002, Ms. Nelson indicates that she is unable to produce the requested transcript because the machine used for recording those proceedings malfunctioned. Because the transcript for proceedings conducted on June 18, 2002, cannot be produced, we vacate our November 7, 2002, order directing Ms. Nelson to produce and file that transcript. If either party needs a record from those proceedings, the parties may produce a statement of the proceedings in compliance with NRAP 9(d). Any statement of proceedings produced in compliance with NRAP 9(d) shall be filed with this court within 90 days from the date of this order. | 03-07445 | |
| 05/22/2003 | Notice/Outgoing | Issued Letter. to Ashley Bennett in response to his letter received on April 9, 2003. | ||
| 06/09/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Christopher R. Oram. | 03-09608 | |
| 06/13/2003 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on June 11, 2003. Christopher Oram is appointed as counsel for appellant. | 03-09908 | |
| 08/08/2003 | Motion | Filed Motion to Extend Time. | 03-13268 | |
| 08/11/2003 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed August 8, 2003. Appellant shall have until September 9, 2003, to file and serve the opening brief and appendix. | 03-13331 | |
| 09/09/2003 | Motion | Filed Motion to Extend Time. | 03-15118 | |
| 09/11/2003 | Order/Procedural | Filed Order Granting Motion. filed September 9, 2003. Appellant shall have until October 9, 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. Counsel's caseload will not be deemed such a circumstance. | 03-15224 | |
| 10/09/2003 | Motion | Filed Motion to Extend Time. | 03-16795 | |
| 10/10/2003 | Order/Procedural | Filed Order Granting Motion. filed October 9, 2003. Appellant shall have until October 17, 2003, to file and serve the opening brief and appendix. Any additional extensions of time will be granted only on a showing of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | 03-16857 | |
| 10/20/2003 | Motion | Filed Motion and Order/Excess Pages. Granted: 35 pages. | 03-17403 | |
| 10/20/2003 | Brief | Filed Opening Brief. | 03-17464 | |
| 10/20/2003 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 5. | 03-17465 | |
| 11/20/2003 | Brief | Filed Answering Brief. | 03-19398 | |
| 12/31/2003 | Case Status Update | Briefing Completed. No reply brief filed. | ||
| 01/02/2004 | Motion | Filed Motion to Extend Time. | 04-00071 | |
| 01/06/2004 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed January 2, 2004. Appellant shall have until January 22, 2004, to file and serve the reply brief. | 04-00255 | |
| 01/26/2004 | Brief | Filed Reply Brief. | 04-01493 | |
| 04/19/2004 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | ||
| 08/27/2004 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). | 04-15585 | |
| 08/27/2004 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP04S-MS/RR/WM | ||
| 10/05/2004 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04S-MS/RR/WM | 04-18415 | |
| 11/02/2004 | Remittitur | Issued Remittitur. | 04-18486 | |
| 11/02/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 12/01/2004 | Remittitur | Filed Remittitur. Received by County Clerk on November 8, 2004. | 04-18486 | |