| Case Information: 53470 | |||
| Short Caption: | PENA (ERASMO) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 44432 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C188684 | Classification: | Criminal Appeal - Life - Direct |
| Disqualifications: | Cherry | Case Status: | Remittitur Issued/Case Closed |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | 12/16/2010 at 10:00 AM | Oral Argument Location: | Regional Justice Center |
| Submission Date: | 12/16/2010 | How Submitted: | After Oral Argument |
| Party Information | ||
| Role | Party Name | Represented By |
| Appellant | Erasmo Moreno Pena | Mark B. Bailus (Cook & Kelesis) Dayvid J. Figler |
| Appellant | Erasmo Pena Moreno | Mark B. Bailus (Cook & Kelesis) Dayvid J. Figler |
| Respondent | The State of Nevada | Catherine Cortez Masto (Attorney General/Carson City) Steven S. Owens (Clark County District Attorney) Danielle K. Pieper (Clark County District Attorney) |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 03/24/2009 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | 09-07463 | |
| 03/24/2009 | Filing Fee | Filing Fee Waived. | ||
| 03/24/2009 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | 09-07466 | |
| 03/24/2009 | Other | Disqualification of Justice Cherry. Sat in district court proceedings. | ||
| 04/16/2009 | Transcript | Filed Notice from Court Reporter. Rachelle Hamilton stating that the requested transcripts were delivered. Dates of transcripts: 2/19/09. | 09-09544 | |
| 04/24/2009 | Order/Procedural | Filed Order. Regarding Case Appeal Statement, Transcript Request Form, and Docketing Statement. District Court Clerk: 15 days to transmit case appeal statement. Appellant: 15 days to file transcript request form and docketing statement. | 09-10196 | |
| 05/01/2009 | Notice of Appeal Documents | Filed Case Appeal Statement. | 09-10905 | |
| 05/06/2009 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 12/12/06. Court Reporter: Richard Kangas. Filed in district court on: 4/03/09. | 09-11279 | |
| 05/06/2009 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 4/17/07, 10/23/08, and 10/27/08 - 11/07/08. Court Reporter: Sharon Howard. Filed in district court on: 04/03/09. | 09-11282 | |
| 05/06/2009 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 2/19/09. Court Reporter: Rachelle Hamilton. Filed in district court on: 4/03/09. | 09-11283 | |
| 05/13/2009 | Docketing Statement | Filed Docketing Statement. | 09-11872 | |
| 06/11/2009 | Transcript | Filed Notice from Court Reporter. Sharon Howard stating that the requested transcripts were delivered. Dates of transcripts: 4/17/07, 10/28/08, 10/29/08, 10/30/08, 11/3/08 through 11/7/08. | 09-14546 | |
| 07/29/2009 | Notice/Outgoing | Issued Notice to File Opening Brief and Appendix. Appellant Pena | 09-18581 | |
| 08/07/2009 | Motion | Filed Motion to Extend Time. (32) days. | 09-19274 | |
| 08/10/2009 | Order/Procedural | Filed Order Granting Motion. for extension. Opening brief due September 14, 2009. | 09-19452 | |
| 09/15/2009 | Motion | Filed Motion to Extend Time. (60) days. | 09-22350 | |
| 09/17/2009 | Order/Procedural | Filed Order Granting Motion. for extension of time to file the opening brief. Due: 11/13/09. | 09-22539 | |
| 11/10/2009 | Motion | Filed Motion to Extend Time. (32) days. | 09-27462 | |
| 11/13/2009 | Order/Procedural | Filed Order. Granting Motion. Opening Brief and Appendix due: December 14, 2009. | 09-27743 | |
| 12/15/2009 | Motion | Filed Motion to Extend Time. | 09-30473 | |
| 12/21/2009 | Order/Procedural | Filed Order. Granting Motion. Opening Brief and Appendix due: January 13, 2010. | 09-30810 | |
| 01/19/2010 | Brief | Filed Opening Brief. | 10-01515 | |
| 01/19/2010 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 8. | 10-01516 | |
| 02/18/2010 | Motion | Filed Motion to Extend Time. (45 days). | 10-04449 | |
| 02/19/2010 | Order/Procedural | Filed Order. Granting Motion. Answering Brief due: April 5, 2010. | 10-04546 | |
| 04/05/2010 | Brief | Filed Answering Brief. | 10-08801 | |
| 05/06/2010 | Motion | Filed Stipulation and Order. Brief due: June 4, 2010. | 10-11763 | |
| 06/04/2010 | Motion | Filed Motion to Extend Time. | 10-14373 | |
| 06/07/2010 | Order/Procedural | Filed Order. Granting Motion. Reply Brief due: July 6, 2010. | 10-14528 | |
| 07/08/2010 | Motion | Filed Motion to Extend Time. | 10-17661 | |
| 07/09/2010 | Order/Procedural | Filed Order. Granting Motion. Reply Brief due: July 13, 2010. | 10-17715 | |
| 07/15/2010 | Brief | Filed Reply Brief. | 10-18108 | |
| 11/03/2010 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral argument is scheduled for December 16, 2010 at 10:00 a.m. in Las Vegas before the Southern Nevada Panel. | 10-28813 | |
| 12/03/2010 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | 10-31373 | |
| 12/16/2010 | Case Status Update | Oral Argument Held this Day. Case Submitted for Decision. Before the Southern Nevada Panel. | ||
| 02/04/2011 | Order/Dispositional | Filed Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." | 11-03601 | |
| 02/22/2011 | Post-Judgment Petition | Filed Petition for Rehearing. | 11-05453 | |
| 03/30/2011 | Post-Judgment Order | Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). | 11-09600 | |
| 04/25/2011 | Remittitur | Issued Remittitur. | 11-12123 | |
| 04/25/2011 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 05/05/2011 | Remittitur | Filed Remittitur. Received by District Court Clerk on April 29, 2011. | 11-12123 | |
| 01/24/2012 | Notice/Outgoing | Issued Letter to Erasmo Pena Moreno returning, unfiled, the letter received on 1/23/12. | 12-02498 | |