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United States Court Cases

Nevada Supreme/Appellate Court Record

MCCONNELL VS. STATE (DEATH PENALTY)

Case Information: 42101
Short Caption:MCCONNELL VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 40784 , 49722 , 71061
Lower Court Case(s):Washoe Co. - Second Judicial District - CR021938Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/25/2003Filing Fee Filing Fee Waived.
09/25/2003Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 7. 03-16093
10/01/2003OtherDisqualification of Justice Agosti.
10/03/2003Order/ProceduralFiled Order. Re: Entry of Written Findings and Appointment of Counsel. The district court shall have 30 days from the date of this order to enter written findings as required by Geary v. State. Once the district court enters the written findings (or if it has already done so, unbeknown to this court), the clerk of the district court shall immediately transmit a certified copy of the findings to the clerk of this court as a supplemental record on appeal, along with any other documents or transcripts composing the original record made in the district court after September 25, 2003, when the record in this matter was docketed in this court. It also appears that McConnell is not represented by counsel in this appeal. We therefore direct the district court to appoint the Washoe County Public Defender to provide representation for McConnell. The clerk of the district court shall immediately advise the clerk of this court of the date of the appointment and serve a copy of this order on the Public Defender. Within 10 days of the appointment, counsel assigned by the Public Defender to represent McConnell shall enter an appearance with the clerk of this court. In the opening brief to this court, counsel shall address the issue whether McConnell has validly waived his right to appellate review. We direct the district court, if it has not already done so, to enter a stay of the sentence of death pending resolution of this appeal, pursuant to NRS 177.095. 03-16468
10/06/2003Other Returned Mail. Order filed 10/03/03 addressed to Robert L. McConnell remailed to corrected address.
11/03/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: Washoe County Public Defender. (Docketing Statement mailed to counsel for appellant.) 03-18316
11/07/2003Docketing StatementFiled Docketing Statement. 03-18669
11/13/2003Order/IncomingFiled District Court Order. Certified copy of Written Findings of Appellant's Competence, Appointment of Counsel and Stay of Death Sentence Pending Resolution of Appeal filed in district court on October 24, 2003. 03-18944
11/14/2003Order/ProceduralFiled Order. This is an automatic appeal from a judgment of conviction of first-degree murder, pursuant to a guilty plea, and from a sentence of death, pursuant to a jury verdict. Appellant Robert Lee McConnell has submitted two proper person documents to this court. We have not granted appellant leave to file documents in proper person in this court. fn1[See NRAP 46(b). Appellant is now represented by counsel and should submit any further request for relief directly to his counsel.] On October 14, 2003, appellant submitted a document expressing a desire to waive appellate review and asking this court to rescind its prior order in this case. In our order, issued October 3, 2003, we directed the district court to enter written findings of fact regarding appellant's competence to waive his right to appeal. We also directed the district court to appoint the Washoe County Public Defender to represent appellant and address the validity of his waiver and the propriety of his death sentence. fn2[On November 3, 2003, Deputy Washoe County Pubic Defender Cheryl Bond filed a notice of appearance with this court.] Appellant submitted a second document on November 10, 2003, complaining that this court was forcing him to appeal and indicating that his counsel should therefore brief all issues. Appellant does not have the right to prevent this court from having counsel appointed in an effort to ensure that our mandatory review of this case is fair and complete. We therefore deny his request, if he still maintains it, that we rescind our prior order. In light of appellant's second submission to this court, we direct his counsel to ascertain whether he no longer wants to waive his appeal. If appellant now wishes to pursue this appeal, we direct counsel to submit an affidavit to that effect and to file an opening brief including all issues appropriate for appellate review. Under such circumstances, we will consider the merits of those issues regardless of whether appellant initially validly waived his right to appeal his conviction. If appellant still wishes to waive this appeal, counsel shall submit an affidavit to that effect and submit an opening brief in accordance with our order of October 3, 2003. 03-18978
12/08/2003MotionFiled Response to Order to Show Cause. Robert McConell would like the Opening Brief in this matter to contain all issues, and no longer wishes to waive his appeal. 03-20393
01/13/2004MotionFiled Motion to Extend Time. 04-00810
01/20/2004Order/ProceduralFiled Order Granting Motion. filed January 13, 2004. This is an automatic appeal from a judgment of conviction and a sentence of death. Appellant shall have until March 12, 2004, to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d). 04-01056
03/10/2004Other Other. Received corrected index to record on appeal, volumes 1 through 7, from Washoe County Clerk.
03/15/2004MotionFiled Motion. Motion Requesting the Court to Direct the Clerk of the Second Judicial District Court to Forward a Copy of the Audiotape Marked as Exhibit 28 in CR02-1938. 04-04829
03/15/2004MotionFiled Motion. Motion Requesting the Court to Direct the Clerk of the Second Judicial District Court to Forward a Copy of the Letter Written to Stahn and the Excerpt from Letter Written to Stahn Marked as Exhibits 26 and 26-A in CR02-1938 04-04831
03/15/2004MotionFiled Motion for Excess Pages. Motion for Leave to File Open Brief in Excess of 30 Pages. 04-04832
04/08/2004Order/ProceduralFiled Order Granting Motion. This is an automatic appeal from a judgment of conviction and a sentence of death. NRS 177.055. On November 14, 2003, this court entered an order directing appellant's counsel to submit an affidavit stating whether appellant no longer wants to waive his appeal. On December 8, 2003, appellant's counsel submitted an affidavit stating that she has spoken with appellant and that appellant intends to pursue this appeal. Appellant has moved for leave to file a 58-page opening brief. Cause appearing, we grant the unopposed motion. The clerk shall file the opening brief received on March 15, 2004. Respondent shall have 60 days from the date of this order to file and serve the answering brief. See SCR 250(6)(d). Appellant shall file and serve the reply within 45 days after service of the answering brief. Appellant has also filed 2 motions requesting this court to direct the district court to transmit three exhibits: (1) Exhibit 26, a letter dated August 31, 2002, (2) Exhibit 26-A, an excerpt of a letter dated August 31, 2002, and (3) Exhibit 28, an audio tape. Cause appearing, we grant the unopposed motions. The district court clerk shall, within 20 days from the date of this order, transmit to this court certified copies of Exhibits 26, 26-A and Exhibit 28. 04-06546
04/08/2004BriefFiled Opening Brief. 04-04834
06/08/2004MotionFiled Stipulation. 04-10584
06/09/2004ExhibitFiled Exhibits (copies). Exhibits: 26 - Letter dated August 31, 2002; 26-A - Excerpt of a letter dated August 31, 2002; and 28 - Auto Tape. 04-10715
06/23/2004Order/ProceduralFiled Order Granting Motion. This is an automatic appeal from a judgment of conviction and a sentence of death. The parties have filed a stipulation for an extension of time to file the answering brief. The parties have failed to set forth good cause. Nevertheless, in the interest of judicial economy, we elect to treat the stipulation as a joint motion for an extension of time, and we grant the motion. Respondent shall have until July 7, 2004, to file and serve the answering brief. No further extensions shall be permitted absent a showing of good cause. 04-11381
07/07/2004MotionFiled Motion to Extend Time. Motion for Enlargement of Time. 04-12390
07/15/2004Order/ProceduralFiled Order Granting Motion. filed July 7, 2004. Respondent shall have until August 6, 2004, to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d). 04-12900
08/02/2004BriefFiled Answering Brief. 04-13989
09/14/2004BriefFiled Reply Brief. 04-16826
12/29/2004Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." fn1[The Honorable Deborah A. Agosti, Justice, voluntarily recused herself from participation in the decision of this appeal.] fn2[Pursuant to NRAP 34(f)(1) and SCR 250(6)(f), we have determined that oral argument is not warranted in this appeal.] Before the Court EN BANC. Author: Per Curiam. Shearing, C.J., Rose, Maupin, Gibbons and Douglas, JJ. Becker, J., concurring in result only. 120 Nev. Adv. Opn. No. 105. EN BANC. 04-23634
01/04/2005Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing. 05-00178
01/19/2005BriefFiled Amicus Brief. Brief of Amicus Curiae Clark County District Attorney's Office in Support of Respondent. 05-01148
02/04/2005Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Respondent has petitioned this court for rehearing of the Per Curiam Opinion entered by this court on December 29, 2004. Having reviewed the petition and the amicus brief filed by the Clark County District Attorney, it appears that an answer will assist the court in resolving the issues presented. Appellant shall have 20 days from the date of this order to file and serve an answer to the petition. 05-02281
02/24/2005MotionFiled Motion. Motion for Leave to file Brief as Amicus Curiae in Support of Appellant. 05-03672
02/24/2005MotionFiled Motion. Motion for Leave to File Answer to Petition for Rehearing in Excess of Ten Pages. 05-03712
02/24/2005Post-Judgment PetitionReceived Answer to Petition for Rehearing. 05-03713
03/01/2005Order/ProceduralFiled Order Granting Motion. (2) filed February 24, 2005. Appellant has moved this court for permission to file an answer to the pending rehearing petition in excess of 10-pages. Cause appearing, the motion is granted. The clerk of this court shall file the answer provisionally submitted with the motion on February 24, 2005. Additionally, the Nevada Attorneys for Criminal Justice (NAJC) has moved this court for permission to file an amicus brief in support of appellant's answer. Cause appearing, the motion is granted. The NAJC shall have 7 days from the date of this order within which to file and serve an amicus brief. 05-03945
03/01/2005Post-Judgment PetitionFiled Answer to Petition for Rehearing. Appellant's Answer to State's Petition for Rehearing. 05-03713
03/02/2005BriefFiled Amicus Brief. Brief of Amicus Curiae Nevada Attorneys for Criminal Justice in Support of Appellant. 05-04075
03/24/2005Opinion/Non-DispositionalFiled Per Curiam Opinion. "Petition for rehearing denied." Before the Court En Banc. fn1[This appeal was submitted for decision before January 1, 2005. Only those justices remaining on the court who participated in the original decision participated in the decision on rehearing.] Author: Per Curiam. Becker, C.J., Rose, Maupin, Gibbons and Douglas, JJ. 121 Nev. Adv. Opn. No. 5. EN BANC. 05-05773
04/19/2005RemittiturIssued Remittitur. Returned Exhibits: 26 - Letter dated August 31, 2002; 26-A - Excerpt of a letter dated August 31, 2002; and 28 - Auto Tape this day. 05-06134
04/19/2005Case Status Update Remittitur Issued/Case Closed.
04/19/2005Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on the original opinion, page 5, footnote 6: "(Maupin, J., concurring)" before "(footnotes omitted)." Footnote 6 should now read as follows: Id. At 784-85, 59 P.3d at 448-49 (Maupin, J., concurring) (footnotes omitted).
04/26/2005RemittiturFiled Remittitur. Received by District Court Clerk on April 20, 2005. 05-06134
01/07/2010Notice/IncomingFiled Notice. Notice pursuant to SCR 250(10(a) re: Warrant of Execution. [10-00272 in 49722]