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United States Court Cases

Nevada Supreme/Appellate Court Record

RANDOLPH (CHARLES) VS. STATE (DEATH PENALTY)

Case Information: 36080
Short Caption:RANDOLPH (CHARLES) VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 46864 , 57959
Lower Court Case(s):Clark Co. - Eighth Judicial District - C150872-1Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/16/2001 at 9:00 AMOral Argument Location:Carson City
Submission Date:10/16/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/08/2000Filing Fee Filing Fee Waived.
05/08/2000Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 through 18. (Docketing statement mailed to counsel for appellant). 00-07517
05/18/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. 00-08364
05/24/2000Docketing StatementFiled Docketing Statement. 00-08682
07/14/2000MotionFiled Motion to Extend Time. 00-12167
07/18/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for an extension of time, to and including August 31, 2000, to file and serve the opening brief. 00-12424
09/01/2000MotionFiled Motion to Extend Time. 00-15514
09/11/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's second motion for an extension of time, to and including September 15, 2000, to file and serve the opening brief 00-15983
10/03/2000MotionFiled Motion to Extend Time. 00-17529
10/03/2000MotionFiled Motion for Excess Pages. 00-17530
10/03/2000BriefReceived Opening Brief. Mailed on: Express-No Postmark.
10/03/2000Record on Appeal DocumentsFiled Record on Appeal Copy. 00-17562
10/13/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the sixty page opening brief provisionally submitted on October 3, 2000. The State shall have 60 days from the date of this order to file and serve the answering brief. Appellant shall serve and file the reply brief, if any, within 45 days after service of the answering brief. 00-18151
10/13/2000BriefFiled Opening Brief. 00-17531
12/06/2000MotionFiled Motion to Extend Time. 00-21295
12/11/2000Order/ProceduralFiled Order Granting Motion. Respondent shall have to and including February 5, 2001, within which to file and serve the answering brief. 00-21553
02/08/2001MotionFiled Motion for Excess Pages. 01-02537
02/08/2001BriefReceived Answering Brief. Mailed on: Express-no postmark. 01-02539
02/13/2001Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the fifty-two page answering brief received on February 8, 2001. Appellant shall serve and file the reply brief, if any, within forty-five days from service of the answering brief. 01-02847
02/13/2001BriefFiled Answering Brief. Mailed on: Express-no postmark. 01-02539
03/27/2001MotionFiled Motion to Extend Time. 01-05353
04/05/2001Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including April 23, 2001, to file and serve the reply brief. 01-05859
05/02/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 15, 2001 at 10:30 a.m. (En Banc)
05/09/2001Order/ProceduralFiled Order. This is an automatic appeal from a judgment of conviction and sentence of death. On April 5, 2001, this court entered an order granting appellant until April 23, 2001, to file a reply brief. To date, appellant has failed to file a reply brief. Appellant shall, within 7 days of the date of this order, file and serve the reply brief or show cause why sanctions should not be imposed against counsel for appellant. 01-07729
05/14/2001MotionFiled Motion to Extend Time. 01-07959
05/14/2001BriefFiled Reply Brief. Mailed on: Express-No postmark. 01-07960
05/16/2001Order/ProceduralFiled Order Denying Motion. On May 9, 2001, this court entered an order directing appellant to file the reply brief within seven days or show cause why sanctions should not be imposed against counsel for appellant. Appellant's reply brief was thereafter received and filed on May 14, 2001. We deny as moot appellant's motion filed on May 14, 2001, requesting an extension of time to file the reply brief. 01-08111
05/30/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
06/14/2001MotionFiled Motion. Motion to Reschedule Oral Argument and Reset at the Court's Convenience. (filed via fax) 01-09950
06/14/2001Order/ProceduralFiled Order Granting Motion. Order Continuing Oral Argument. On June 14, 2001, appellant filed a motion to continue the oral argument scheduled in this matter. We grant the motion. We hereby vacate the oral argument presently scheduled in this appeal for June 15, 2001, at 10:30 a.m. We direct the clerk of this court to reschedule this appeal for oral argument in October, 2001. Argument shall be limited to 60 minutes. 01-09983
06/19/2001MotionFiled Motion. Motion to Reschedule Oral Argument and Reset at the Court's Convenience. Original--faxed on 6/14/01. (No action required--see 6/14/01 order.) 01-10231
08/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on October 16, 2001, at 9:00 a.m. (En Banc)
10/01/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
10/16/2001Case Status Update Submitted for Decision. Before the En Banc Court. En Banc.
12/14/2001Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. 117 Nev. Adv. Opn. No. 80. EN BANC 01-21033
12/14/2001Order/ProceduralFiled Order/Show Cause. We direct attorney William Kephart to show cause why this court should not impose on him sanctions such as, but not limited to, a monetary fine or referral to the State Bar of Nevada for violation of the Rules of Professional conduct. He shall submit his response to this order and any evidence he desires to present on his behalf in affidavit form no later than two weeks from the date of this order. 01-21034
01/02/2002MotionFiled Response to Order to Show Cause. 02-00041
01/02/2002Other Other. Filed Clark County District Attorney's Office Brief in Support of Response to Order to Show Cause. 02-00042
01/03/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: December 31, 2001. 02-00145
02/22/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40 (c). EN BANC 02-03384
03/11/2002MotionFiled Motion for Stay. Motion for Stay of Remittitur Pending Application for Certiorari. 02-04322
03/22/2002Order/ProceduralFiled Order Granting Motion. Appellant has moved to stay the issuance of the remittitur until May 23, 2002, pending his application to the United States Supreme Court for a writ of certiorari. We grant the motion. We hereby stay the issuance of the remittitur until June 6, 2002 . fn1[We have enlarged the requested stay period by 14 days to allow the clerk of the United States Supreme Court sufficient time after the filing of the certiorari petition to prepare and mail written notification to the clerk of this court.] If the clerk of this court receives written notice by June 6, 2002, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by June 6, 2002, the remittitur shall issue on June 7, 2002. 02-05136
04/08/2002Order/CounselFiled Order/Sanctions. On December 14, 2001, this court issued an order directing prosecutor William Kephart to show cause why sanctions should not be imposed on him for misrepresenting to the jury the meaning of reasonable doubt during the capital murder trial in this case. Kephart submitted his own affidavit as well as affidavits by a number of district judges and others. Clark County District Attorney Stewart Bell has also submitted a brief in support of Kephart. Having considered these submissions and the record as a whole, we conclude that attorney Kephart should be sanctioned for his improper conduct. Within 30 days from the date of this order, Kephart shall personally pay to the Supreme Court Library the sum of $250.00, provide the clerk of this court with proof of payment of the sanction no later than 15 days after he remits payment to the library. (Young, Shearing, Agosti, Rose, and Becker, JJ. Maupin, C.J., with whom Leavitt, J., agrees concurring in part and dissenting in part.) 02-06144
05/08/2002Notice/IncomingFiled Proof of Payment of Sanction. $250.00 - check no. 7925 (per note from Law Library).
06/05/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed May 23, 2002, and placed on the docket as Case No. 01-10471. 02-09787
10/16/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 02-17940
10/17/2002Order/ProceduralFiled Order. On October 16, 2002, the clerk of this court received notice that the United States Supreme Court denied appellant's petition on October 7, 2002. We direct the clerk of this court to issue the remittitur in this appeal. 02-18042
10/17/2002RemittiturIssued Remittitur. 02-18048
10/17/2002Case Status Update Remittitur Issued/Case Closed.
10/30/2002RemittiturFiled Remittitur. Received by County Clerk on October 22, 2002. 02-18048