| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 04/20/2000 | Filing Fee | Filing Fee Waived. | | |
| 04/20/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 00-06312
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| 05/09/2000 | Order/Procedural | Filed Order re: Transmit Judgment or Order and Record on Appeal. Certified copy of final order due: 30 days. Certified copy of the Record on Appeal (must include any previously prepared transcripts) due: 120 days. fn2[The record shall not include any exhibits filed in the district court.] | | 00-07590
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| 06/19/2000 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Carmine J. Colucci. (Docketing Statement mailed to counsel for appellant.) | | 00-10424
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| 06/19/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 00-10426
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| 06/19/2000 | Notice of Appeal Documents | Filed Case Appeal Statement. (Amended) Filed in district court on: June 14, 2000. | | 00-10427
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| 06/20/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. | | 00-10517
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| 06/23/2000 | Order/Incoming | Filed District Court Order. Certified copy of Findings of Fact, Conclusions of Law and Order filed in district court on June 8, 2000. | | 00-10782
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| 07/06/2000 | Order/Procedural | Filed Order. Because counsel has appeared in this appeal, this court vacates that portion of our May 9, 2000 order directing the district court to transmit to the clerk of this court a certified copy of the complete record on appeal. On May 9, 2000, this court also order the district court to enter a written judgment or order denying appellant's petition. On June 23, 2000, this court received and filed the district court's order denying appellant's petition. Therefore, no further action is required regarding that portion of our order. | | 00-11510
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| 07/10/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 11/08/99; 11/10/99; 02/11/00; and 3/24/00. To Court Reporter: Joseph D'Amato. | | 00-11740
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| 07/10/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 9/20/99; 11/4/99; 12/13/99; and 3/17/00. To Court Reporter: Maureen Schorn. | | 00-11741
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| 07/12/2000 | Other | Other. Re-mailed copy of docketing statement to counsel for appellant. Counsel never received docketing statement that was mailed on 6/19/00. | | |
| 07/13/2000 | Transcript | Filed Transcript. Proceedings: 09/20/99; 11/04/99; 12/13/99; and 03/17/00. Court Reporter: Maureen Schorn. | | 00-12116
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| 07/27/2000 | Transcript | Filed Transcript. Proceedings: November 8, 1999, 9:00 a.m.; Novemer 10,, 1999, 9:00 a.m.; February 11, 2000, 11:00 a.m.; March 24, 2000, 11:00 a.m. Court Reporter: Joseph A. D'Amato. | | 00-13072
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| 07/31/2000 | Docketing Statement | Filed Docketing Statement. | | 00-13183
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| 10/16/2000 | Motion | Filed Stipulation and Order. Brief due: 11/17/00. | | 00-18341
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| 10/31/2000 | Other | Disqualification of Justice Maupin. (personal knowledge of case). | | |
| 10/31/2000 | Other | Disqualification of Justice Leavitt. (sat in district court proceedings). | | |
| 11/20/2000 | Motion | Filed Motion for Excess Pages. Motion for Leave to File an Opening Brief in Excess of 30 Pages. | | 00-20317
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| 11/20/2000 | Brief | Received Opening Brief. Mailed on: 11/17/00. | | 00-20320
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| 11/20/2000 | Appendix | Received Appendix. Volumes 1 through 4. | | 00-20323
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| 12/20/2000 | Order/Procedural | Filed Order Granting Motion. We grant appellant's unopposed motion for leave to file an opening brief in excess of thirty pages. The clerk of this court shall file the 55 page opening brief and the four-volume appendix provisionally received on November 20, 2000. Respondent shall have 30 days from the date of this order to file an answering brief. | | 00-22174
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| 12/20/2000 | Brief | Filed Opening Brief. Mailed on: 11/17/00. STRICKEN BY ORDER 05/13/02. | | 00-20320
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| 12/20/2000 | Appendix | Filed Appendix to Opening Brief. Volumes 1 through 4.
ORDER 05/13/02: APPELLANT'S APPENDIX, VOLUMES 1 THROUGH 4, STRICKEN AND RETURNED TO ATTORNEY COLUCCI, | | 00-20323
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| 12/21/2000 | Motion | Filed Motion and Order Extending Time. Brief due: January 20, 2001. | | 00-22227
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| 01/23/2001 | Motion | Filed Motion. Motion to Hold Briefing Schedule in Abeyance. | | 01-01439
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| 10/16/2001 | Order/Procedural | Filed Order. Appellant has submitted two motions in proper person. We note that appellant is represented by counsel in this appeal. We decline to grant permission to appellant to file documents in proper person. The clerk of this court shall return, unfiled, the proper person documents received on December 21, 2000. Appellant shall proceed hereafter through, and address all inquiries concerning this appeal to, counsel. On January 23, 2001, respondent filed a motion requesting that the briefing schedule in this appeal be stayed pending resolution of the proper person motions. In light of this order, we deny that motion as moot. Respondent shall file and serve the answering brief within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 01-17447
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| 10/16/2001 | Notice/Outgoing | Issued Letter. to appellant Frank R. LaPena. Returned unfiled, the original proper person Motion for Leave to File Proper Person Brief's and Motion to Amend or Supplement Record on Appeal, received on December 21, 2000. | | |
| 11/15/2001 | Motion | Filed Motion. Motion to Amend Appellant's Opening Brief and Supplement the Record. | | 01-19037
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| 05/13/2002 | Order/Procedural | Filed Order Granting Motion. to amend the opening brief and to supplement the record, filed November 15, 2001. Mr. Colucci may file an amended opening brief and an amended appendix in place of the opening brief and appendix that were filed on December 20, 2000. The clerk of this court shall strike the opening brief and appendix filed on December 20, 2000, and return the original copy of the appendix to appellant so that it may be utilized, as far as practical, in preparation of an amended appendix. Appellant shall file the amended opening brief and appendix within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 02-08292
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| 05/13/2002 | Notice/Outgoing | Issued Letter. Returned Appellant's Appendix Vols. 1-4 with letter to attorney Colucci. | | |
| 06/13/2002 | Motion | Filed Motion for Excess Pages. | | 02-10285
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| 06/27/2002 | Order/Procedural | Filed Order Granting Motion. filed June 13, 2002. The clerk shall file the 72-page amended opening brief and the appendix that were received on June 13, 2002. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 02-11091
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| 06/27/2002 | Brief | Filed Amended Brief. Appellant's Amended Opening Brief. Mailed on: 06/11/02. | | 02-10286
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| 06/27/2002 | Appendix | Filed Appendix. Appellant's Amended Appendix. Vols. 1 through 4. | | 02-10287
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| 07/17/2002 | Motion | Filed Stipulation and Order. Brief due: August 28, 2002. | | 02-12233
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| 08/29/2002 | Brief | Filed Answering Brief. Mailed on: Express-No postmark. | | 02-15035
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| 08/29/2002 | Appendix | Filed Appendix to Answering Brief. | | 02-15036
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| 09/26/2002 | Motion | Filed Stipulation and Order. Brief due: October 28, 2002. | | 02-16669
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| 10/24/2002 | Motion | Filed Motion to Extend Time. | | 02-18409
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| 10/24/2002 | Order/Procedural | Filed Order Granting Motion. filed October 24, 2002. Appellant shall have until December 2, 2002, to file and serve the reply brief. | | 02-18425
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| 12/04/2002 | Brief | Filed Reply Brief. Mailed on 12/2/02. | | 02-20733
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| 12/04/2002 | Appendix | Filed Appendix to Reply Brief. | | 02-20734
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| 05/15/2003 | Case Status Update | Submitted for Decision. | | |
| 05/22/2003 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-DA/MS/NB | | 03-08646
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| 06/02/2003 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Motion to Allow Oral Argument before the En Banc Court. | | 03-09186
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| 06/17/2003 | Remittitur | Issued Remittitur. | | 03-08991
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| 06/17/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 07/16/2003 | Order/Procedural | Filed Order Denying Motion. On June 2, 2003, appellant filed a motion requesting oral argument before the en banc court. The motion is unopposed. Appellant's motion is essentially a request for en banc reconsideration of the panel's decision entered on May 22, 2003. Appellant should have timely petitioned the three-justice panel for rehearing pursuant to NRAP 40. fn1[The time to file a timely petition for rehearing under NRAP 40 has now expired. The remittitur issued on June 17, 2003. Any forthcoming petition for rehearing must be accompanied by a motion requesting permission to file the untimely petition and to recall the remittitur.] In the event that the panel denied rehearing, appellant could have then petitioned for en banc reconsideration. Under these circumstances, we deny appellant's motion for en banc argument. fn2[The Honorable Myron E. Leavitt, Justice and the Honorable A. William Maupin, Justice, did not participate in the decision of this matter.] EN BANC | | 03-11988
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| 07/31/2003 | Remittitur | Filed Remittitur. Received by County Clerk on June 20, 2003. | | 03-08991
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