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United States Court Cases

Nevada Supreme/Appellate Court Record

DETTLOFF (MITCHELL) VS. STATE

Case Information: 39869
Short Caption:DETTLOFF (MITCHELL) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C175203Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:05/10/2004 at 10:00 AMOral Argument Location:Las Vegas Office
Submission Date:05/10/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/05/2002Filing Fee Filing Fee Waived.
07/05/2002Notice 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.) 02-11508
07/09/2002Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
07/12/2002Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 8/23/01, 5/21/01, 6/6/01, 2/28/01, 3/4/02 through 3/14/02, 5/24/02, 5/27/02. Court reporter: Tom Mercer. Filed in district court on: 7/9/02. 02-11969
07/12/2002Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 4/27/01. Court Reporter: L. Gallegos. NOTE: filed in Justice court. 02-11970
07/22/2002Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on: July 5, 2002. 02-12500
08/12/2002Fast Track BriefFiled Fast Track Statement. 02-13792
08/12/2002AppendixFiled Joint Appendix. Vols. 1 through 4. 02-13794
08/12/2002Other Other. Filed Presentence Report SEALED by Order of the Court. 02-13796
08/29/2002Fast Track BriefFiled Fast Track Response. 02-15029
09/17/2002Notice/IncomingFiled Substitution of Attorneys. David N. Schieck in the place and instead of Robert Miller of the Public Defender's Office. 02-16209
09/26/2002Order/ProceduralFiled Order/Full Briefing. On September 17, 2002, attorney David M. Schieck filed a substitution of attorney in this appeal. This court construes the notice as a motion by trial counsel to withdraw. Because trial counsel has fulfilled the requirements of NRAP 3C(b), the motion is granted. fn1[The granting of this motion is, of course, conditioned upon trial counsel's cooperation with Mr. Schieck during this appeal.] We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 40 days. fn2[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.] fn3[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. 02-16647
11/07/2002MotionFiled Stipulation and Order. Brief due: December 5, 2002. 02-19244
12/09/2002MotionFiled Motion to Extend Time. 02-20992
12/12/2002Order/ProceduralFiled Order Granting Motion. filed December 9, 2002. Appellant shall have until January 6, 2003, to file and serve the opening brief. 02-21212
01/07/2003MotionFiled Motion to Extend Time. 03-00307
01/15/2003MotionFiled Motion to Extend Time. Third Motion for Extension of Time to File Appellant's Opening Brief. 03-00811
01/16/2003Order/ProceduralFiled Order Granting Motion. filed January 7, 2003, and January 15, 2003. Appellant shall have until January 21, 2003, to file and serve the opening brief and, if necessary, a supplemental appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-00912
01/23/2003MotionFiled Motion for Excess Pages. 03-01230
02/05/2003Order/ProceduralFiled Order Granting Motion. filed January 23, 2003. The clerk of this court shall file the 75-page opening brief and appendix received on January 23, 2003. Respondent shall have 30 days from the date of this order to file and serve the answering brief. 03-01928
02/05/2003BriefFiled Opening Brief. Mailed on: 01/21/03. 03-01233
02/05/2003AppendixFiled Appendix to Opening Brief. Volume 5. 03-01237
03/05/2003MotionFiled Stipulation and Order. Brief due: April 7, 2003. 03-03639
04/09/2003BriefFiled Answering Brief. 03-05943
05/09/2003MotionFiled Stipulation and Order. Brief due: June 6, 2003. 03-07946
06/09/2003MotionFiled Motion to Extend Time. 03-09566
06/11/2003Order/ProceduralFiled Order Granting Motion. filed June 9, 2003. Appellant shall have until July 7, 2003, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-09718
07/09/2003BriefFiled Reply Brief. 03-11505
10/01/2003Order/Procedural Order. To date, Mr. Mercer and Mr. Ott have not filed any transcripts in this court. Mr. Mercer shall have 7 days from the date of this order to file the requested transcripts for trial conducted on March 4, 5, 6, 7, 11, and 12, 2002, and for the hearing on the motion to withdraw conducted on June 3, 2002. Mr. Ott shall have 7 days from the date of this order to file the requested transcript for trial conducted on March 14, 2002. 03-16357
10/09/2003TranscriptFiled Transcript. Proceedings: 3/4/02; 3/5/02; 3/6/02; 3/7/02; 3/8/02; 3/11/02; 3/12/02; and 5/24/02. Court Reporter: Tom Mercer. 03-16837
10/17/2003TranscriptFiled Transcript. Proceedings: March 14, 2002. Court Reporter: Shawn E. Ott. 03-17316
11/17/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 13, 2004, at 9:30 a.m. (SNP04-RR/ML/WM)
12/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
01/12/2004Order/Clerk'sFiled Clerk's Order. Continuing Oral Argument. Due to a court emergency, the oral argument presently scheduled for January 13, 2004, at 9:30 a.m. is hereby vacated. The oral argument will be rescheduled for the next Southern Panel argument session to be held in March 2004. 04-00644
01/21/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 10, 2004, at 11:30 a.m. (SNP04S-MS/RR/WM)
01/30/2004Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on May 10, 2004, at 10:00 a.m. (SNP04S-MS/RR/WM)
02/17/2004Order/ProceduralFiled Order. We direct appellant to file and serve a supplemental brief addressing the applicability of this court's holding in Firestone to the facts and issues in the appeal no later than 20 days from the date of this order. The State may respond thereto by filing and serving a supplemental brief no later than 10 days after service of appellant's supplemental brief. 04-03024
03/03/2004BriefFiled Supplemental Brief. (Appellant's Supplemental Brief.) 04-04009
03/09/2004BriefFiled Supplemental Brief. (Respondent's Supplemental Answering Brief.) Signed by Bruce Nelson. 04-04437
04/26/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
05/10/2004Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP04D-RR/WM/MD
07/06/2004Notice/IncomingFiled Notice. David M. Schieck, attorney for appellant, is now the Clark County Special Defender and has been granted approval to retain his appointment as attorney of record in this matter. 04-12289
09/16/2004Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part and remanded with instructions." Before Rose, Maupin and Douglas, JJ. Author: Maupin, J. We concur: Rose and Douglas, JJ. 120 Nev. Adv. Opn. No. 67. SNP04D 04-17025
09/23/2004Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion: page 1, 8 and 13.
10/12/2004RemittiturIssued Remittitur. 04-17169
10/12/2004Case Status Update Remittitur Issued/Case Closed.
10/27/2004RemittiturFiled Remittitur. Received by County Clerk on October 14, 2004. 04-17169
12/03/2004Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion: page 29.