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United States Court Cases

Nevada Supreme/Appellate Court Record

BYFORD (ROBERT) VS. STATE (DEATH PENALTY)

Case Information: 44215
Short Caption:BYFORD (ROBERT) VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 32207 , 32253 , 39426 , 44072 , 47252 , 49862 , 50074 , 55304 , 57849 , 61691 , 62871 , 64268 , 73691
Lower Court Case(s):Clark Co. - Eighth Judicial District - C108502Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:10/31/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/05/2004Filing Fee Filing Fee Waived.
11/05/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-20438
11/15/2004Docketing StatementFiled Docketing Statement. 04-20900
11/15/2004Transcript RequestFiled Certificate of No Transcript Request. 04-20955
02/28/2005MotionFiled Motion to Extend Time. Motion for Extension of Time. (first request-60 days requested) 05-03901
03/08/2005Order/ProceduralFiled Order Granting Motion. filed February 28, 2005. Appellant shall have until May 6, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-04509
05/09/2005MotionFiled Motion to Extend Time. 05-09021
05/17/2005BriefReceived Opening Brief. 05-09589
05/17/2005AppendixReceived Appendix to Opening Brief. Vols. 1 thorugh 19. 05-09590
05/19/2005MotionFiled Motion for Excess Pages. Motion for Leave to File 80 Page Opening Brief. 05-09850
05/24/2005MotionFiled Response to Motion. Opposition to Appellant's Motion for Leave to File 80 Page Opening Brief. 05-10239
05/31/2005MotionFiled Motion for Permission to File Document. Motion for Leve to File Reply to State's Opposition to Motion for Leave to File 80 Page Opening Brief. 05-10601
05/31/2005MotionReceived Reply to Response. Reply to State's Opposition to Motion for Leave to File 80 Page Opening Brief. 05-10603
06/15/2005Order/ProceduralFiled Order. Appellant has moved this court for an extension of time within which to file the opening brief and for permission to file an 80-page opening brief. The State opposes the motion to file the 80-page brief, and argues that appellant has also submitted an excessively long appendix. Appellant seeks permission to file a reply to the State's opposition. Appellant's brief falls within the parameters set by Hernandez v. State, 117 Nev. 463, 24 P.3d 767 (2001). Additionally, we are not persuaded at this stage of the proceedings that appellant's appendix is excessive. Accordingly, we grant appellant's motion for an extension of time and for permission to file the 80-page brief. The clerk of this court shall file the brief conditionally submitted on May 17, 2005. Fn1 [Cause appearing, the motion to file a reply to the State's opposition is hereby granted. The clerk of this court shall file the reply provisionally submitted with the motion.] 05-11733
06/15/2005BriefFiled Opening Brief. 05-09589
06/15/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 19. 05-09590
06/15/2005MotionFiled Reply to Response. Reply to State's Opposition to Motion for Leave to File 80 Page Opening Brief. 05-10603
07/06/2005MotionFiled Motion to Extend Time. 60 days requested. 05-13345
07/13/2005Order/ProceduralFiled Order Granting Motion. filed July 6, 2005. Respondent shall have until September 13, 2005, to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-13931
09/01/2005MotionFiled Motion for Excess Pages. Motion for Leave to File 79 Page Answering Brief. 05-17287
09/01/2005BriefReceived Answering Brief. 05-17289
09/02/2005Order/ProceduralFiled Order Granting Motion. filed September 1, 2005. The clerk shall file the 79-page answering brief received on September 1, 2005. Appellant shall have 30 days from the date of this order to file and serve a reply brief, if deemed necessary. 05-17388
09/02/2005BriefFiled Answering Brief. 05-17289
09/02/2005AppendixFiled Appendix to Answering Brief. 05-17290
10/03/2005MotionFiled Motion to Extend Time. 05-19604
10/07/2005Order/ProceduralFiled Order Granting Motion. filed October 3, 3005. Appellant shall have until October 17, 2005, to file and serve the reply brief. 05-19907
10/21/2005MotionFiled Motion. Motion for Leave to File 33 Page Reply Brief and for Two Day Extension of Time for Filing of Reply Brief. 05-20949
10/31/2005Order/ProceduralFiled Order Granting Motion. The clerk shall file the 33-page reply brief received on October 21, 2005. 05-21466
10/31/2005BriefFiled Reply Brief. 05-20950
10/31/2005Case Status Update Submitted for Decision.
11/16/2005Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Vacating in Part, and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND VACATED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP06-WM/MG/JH 05-22624
12/13/2005RemittiturIssued Remittitur. 05-23343
12/13/2005Case Status Update Remittitur Issued/Case Closed.
12/21/2005RemittiturFiled Remittitur. Received by County Clerk on December 15, 2005. 05-23343
05/30/2006Order/ProceduralFiled Order Denying Motion. On November 16, 2005, this court entered a dispositional order in No. 44215. On December 13, 2005, the remittitur issued. The appeal in No. 47252 was docketed in this court on May 9, 2006. The appendix for No. 44215 has been discarded and a copy is no longer in the custody of this court. We deny appellant's motion to transfer the appendix to No. 47252. Nos. 44215/47252 - cases are not consolidated. 06-11268