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United States Court Cases

Nevada Supreme/Appellate Court Record

SANDS (AUSTIN) VS. STATE

Case Information: 36329
Short Caption:SANDS (AUSTIN) VS. STATECourt:Supreme Court
Related Case(s): 39918 , 52041
Lower Court Case(s):Clark Co. - Eighth Judicial District - C158326Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/09/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/22/2000Filing Fee Filing Fee Waived.
06/22/2000Notice 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.) 00-10687
06/22/2000Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 8/12/99, 2/14/00, 2/16/00 - 2/18/00, 3/30/00 and 5/18/00. Court Reporter: Shirlee Prawalsky. Filed in district court on: June 16, 2000. 00-10688
07/11/2000TranscriptFiled Transcript. Proceedings: 2/14/00; 2/16/00; 2/17/00; 2/18/00; 3/30/00; 5/18/00; 8/12/00; Court Reporters: Debra Van Blaraicom and Shirlee Prawalsky. 00-11909
07/27/2000Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement and appendix due: on or before August 2, 2000. 00-13011
08/07/2000MotionFiled Motion for Excess Pages. 00-13629
08/16/2000Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief and appendix due: 40 days. The clerk of this court shall return, unfiled, the proposed fast track statement and appendix provisionally submitted on August 7, 2000. Fn1 [The motion for leave to file a fast track statement in excess of 10 pages is denied, as moot.Fn2[We suspend the requirement in NRAP9 for counsel to file a certified transcript.] 00-14323
08/16/2000Other Returned Unfiled Document. and Appendix.
09/26/2000MotionFiled Motion and Order Extending Time. Brief due: October 25, 2000. 00-16968
10/26/2000Notice/OutgoingIssued Notice of Deficient Brief. Returned unfiled Appellant's Opening Brief and Appendix, Vols.1 and 2. Corrected brief due: 10 days.
11/02/2000MotionFiled Motion and Order/Excess Pages. Granted: 49 pages. 00-19250
11/02/2000BriefFiled Opening Brief. Mailed on: Express-No Postmark. 00-19252
11/02/2000AppendixFiled Appendix to Opening Brief. Vols. I through III. 00-19253
12/04/2000BriefFiled Answering Brief. Mailed on: Express-No postmark. 00-21162
01/08/2001MotionFiled Stipulation and Order. Brief due: February 2, 2001. 01-00343
02/06/2001MotionFiled Motion for Excess Pages. 01-02363
02/08/2001Order/Clerk'sFiled Clerk's Order Granting Motion. The clerk shall file appellant's thirty-five page reply brief received on February 6, 2001. 01-02530
02/08/2001BriefFiled Reply Brief. Mailed on: Express-No Postmark. 01-02379
07/09/2001Order/ProceduralFiled 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. 01-11442
07/09/2001Case Status Update Submitted for Decision. SNP02-CY/DA/ML.
07/26/2001Notice/OutgoingIssued Letter. to Clark Clark County Clerk regarding transmission of amended judgment of conviction.
08/06/2001Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order or judgment appealed from filed in district court on: October 10, 2001. 01-13251
11/09/2001Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part and Remanding for Correction of Judgment of Conviciton. "ORDER the judgment of conviction AFFIRMED IN PART and REMANDED IN PART for proceedings consistent with this order." SNP02-CY/DA/ML 01-18774
11/29/2001Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: State Express Mailbag (no date). 01-19972
02/07/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." SNP02-CY/DA/ML 02-02518
02/20/2002MotionFiled Motion for Stay. Motion for Stay of Remittitur Pending Application for Certiorari. 02-03207
02/26/2002Order/ProceduralFiled Order Granting Motion. filed February 22, 2002. We hereby stay issuance of the remittitur until May 22, 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 May 22, 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 May 22, 2002, the remittitur shall issue on May 23, 2002. 02-03586
05/29/2002RemittiturIssued Remittitur. 02-09349
05/29/2002Case Status Update Remittitur Issued/Case Closed.
06/17/2002RemittiturFiled Remittitur. Received by County Clerk on June 11, 2002. 06/26/02 ORDER: REMITTITUR RECALLED. 02-09349
06/19/2002MotionFiled Motion. Motion to Recall Remittitur Pending Application for Certiorari. 02-10615
06/26/2002Order/ProceduralFiled Order Granting Motion. Order Recalling Remittitur. On February 26, 2002, we entered an order that granted appellant's request to stay issuance of the remittitur until May 8, 2002, pending the filing of a petition for a writ of certiorari with the United States Supreme Court. No such notice having been received, the remittitur issued on May 29, 2002. On June 19, 2002, appellant filed a motion requesting this court to recall the remittitur. Attached to the motion is a letter from the Unites States Supreme Court clerk requesting appellant to make changes to the petition, and noting that the petition will be filed if it is resubmitted by July 9, 2002. We grant the motion and recall the remittitur. Issuance of the remittitur shall be stayed until July 23, 2002. If the clerk of this court receives notice from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari during that time period, this stay shall continue in effect until final disposition of the certiorari proceedings. If no such notice is received, the clerk of this court shall issue the remittitur on July 24, 2002. 02-10995
07/26/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed July 3, 2002, and placed on the docket as Case No. 02-5352. 02-12841
08/01/2002MotionFiled Motion to Extend Time. Motion to Extend Time in Filing the Remittitur pending Application for Certiorari. 02-13221
08/06/2002Order/ProceduralFiled Order Granting Motion. filed August 1, 2002. The remittitur shall be stayed until final disposition of appellant's petition for a writ of certiorari. 02-13437
10/14/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 02-17697
10/16/2002Order/ProceduralFiled Order. On October 14, 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. 02-17948
10/16/2002RemittiturIssued Remittitur. 02-17998
10/16/2002Case Status Update Remittitur Issued/Case Closed.
10/30/2002RemittiturFiled Remittitur. Received by County Clerk on October 21, 2002. 02-17998