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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 44088
Short Caption:PASCUA (BRIDGET) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C175619Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:12/13/2005 at 10:30 AMOral Argument Location:Regional Justice Center
Submission Date:07/07/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
10/15/2004Filing Fee Filing Fee Waived.
10/15/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-19161
10/27/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/16/04, 07/29/04 (2), 04/19/04, 05/13/04, 06/19/03 (5), 05/21/03, 02/11/03, 01/14/03, 10/17/02, and 06/05/01. To Court Reporter: Dianne Prock. 04-19868
11/01/2004Docketing StatementFiled Docketing Statement. 04-20021
12/06/2004Letter/IncomingFiled Letter. (copy) addressed to attorney Marvin Longabaugh from court reporter Leta Haupt regarding the request for transcripts. 04-22228
12/10/2004TranscriptFiled Transcript. Proceedings: 4/26/04; 4/27/04; 4/28/04; 4/30/04; 5/10/04; 5/11/04; 5/12/04. Court Reporter: Diann Prock. 04-22621
12/16/2004TranscriptFiled Transcript. Proceedings: 7/29/04. Court Reporter: Cindy Caldwell. 04-22973
01/21/2005MotionFiled Motion to Extend Time. 05-01379
01/26/2005TranscriptFiled Transcript. Proceedings: 6/5/01, 1/14/03, 2/11/03, 6/19/03, 4/19/04, 4/20/04, 4/21/04, 4/22/04, 4/23/04, 5/3/04, 5/4/04, 5/5/04, 5/7/04. Court Reporter: Peggy Isom. 05-01665
02/16/2005Order/ProceduralFiled Order. Regarding Transcripts and Granting Extension of Time. On October 27, 2004, appellant filed a transcript request form requesting court reporter Diann Prock to prepare and file numerous transcripts. fn1[A copy of the transcript request form is attached to this order.] On December 6, 2004, this court received a copy of a letter from court reporter Leta Haupt, addressed to appellant's counsel, explaining issues related to the request for transcripts. fn2[The clerk shall file the letter from Leta Haupt received on December 6, 2004.] Ms. Haupt states that some of the requested transcripts were filed in the district court before the docketing of this appeal and that Ms. Prock was not the court reporter present at some of the proceedings for which transcripts were requested. The transcripts of proceedings conducted on October 17, 2002, May 13, 2004, and September 16, 2004, were filed in the district court prior to the docketing of this appeal in this court. Therefore, appellant improperly requested Ms. Prock to prepare those transcripts. Our review of the district court minutes also indicates that Ms. Prock was not present for any of the other court proceedings referenced in the transcript request form. Accordingly, Ms. Prock is not obligated to prepare and file any additional transcripts with this court. It appears that the only requested transcript that has not yet been filed is that of proceedings held on May 21, 2003. The district court record indicates that court recorder Cindy Caldwell was present for the proceedings on that date. fn3[It appears that Ms. Caldwell was not served with the transcript request form.] Accordingly, Ms. Caldwell shall have 30 days from the date of this order to prepare and file transcripts for proceedings held on May 21, 2003. If more time is needed to complete the preparation of the transcript, Ms. Caldwell shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Caldwell shall notify this court, in writing, of this fact. We admonish appellant's counsel for filing a deficient transcript request form. On January 21, 2005, appellant filed a motion requesting an extension of time to file the opening brief. Specifically, appellant's counsel requests an extension of 60 days 'from the date transcripts are received from Ms. Isom.' fn4[We note that on January 26, 2005, court reporter Margaret Isom filed the requested transcripts for proceedings at which the district court minutes indicate she was present.] Cause appearing, we grant the motion. Appellant shall have until March 30, 2005, to file and serve the opening brief and appendix. Thereafter, briefing will proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 05-03146
02/16/2005Letter/IncomingFiled Letter. (copy) addressed to attorney Marvin Longabaugh from court reporter Leta Haut regardig the request for transcripts. 04-22228
02/23/2005Letter/IncomingFiled Letter. from Leta Haupt regarding the order filed on 2/16/05. 05-03624
02/28/2005TranscriptFiled Transcript. Proceedings: May 21, 2003. Court Reporter: Cindy Caldwell. 05-03915
04/01/2005BriefFiled Opening Brief. 05-06417
04/01/2005Notice/OutgoingIssued Notice of Deficient Appendix. Returned Unfiled Appellant's Appendix. Corrected appendix due: 10 days.
04/11/2005BriefFiled Amended Brief. Appellant's Opening Brief. 05-07014
04/11/2005AppendixFiled Appendix to Opening Brief. (Amended). 05-07015
05/10/2005BriefFiled Answering Brief. 05-09118
06/02/2005BriefFiled Reply Brief. 05-10869
10/26/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 13, 2005, at 10:30 a.m. (SNP06-WM/MG/JH)
11/28/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
12/13/2005Letter/IncomingFiled Letter. from Robert Martinez, Assignment Manager, KVBC Television, requesting that KVBC be nominated for pool camera in the Supreme Court Proceedings on December 13, 2005 in the case of Pascua v. State, No. 44088. 05-24273
12/13/2005Order/ProceduralFiled Order. Permission is granted for photographic or electronic media coverage of the aforesaid matter. Robert Martinez of KVBC Television is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. All equipment necessary shall be placed in the courtroom following the conclusion of the oral argument in Docket No. 42348, and before commencement of the hearing in the aforesaid matter. 05-24274
12/13/2005Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH
07/07/2006Order/ProceduralFiled Order/Submit on Briefs. Order for En Banc Consideration and Submitting for Decision Without Oral Argument. Oral argument was held on December 13, 2005, before the Southern Nevada Panel. We have determined that en banc consideration of this appeal is warranted. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order. 06-13983
07/07/2006Case Status Update Resubmitted for Decision. To the En Banc Court. EN BANC
11/09/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Hardesty, J. We concur: Rose, C.J., Becker, Maupin, Gibbons, Douglas and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 86. EN BANC. 06-22952
12/06/2006RemittiturIssued Remittitur. 06-24069
12/06/2006Case Status Update Remittitur Issued/Case Closed.
12/14/2006RemittiturFiled Remittitur. Received by County Clerk on December 8, 2006. 06-24069