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United States Court Cases

Nevada Supreme/Appellate Court Record

RIPPO (MICHAEL) VS. STATE (DEATH PENALTY-P/C)

Case Information: 44094
Short Caption:RIPPO (MICHAEL) VS. STATE (DEATH PENALTY-P/C)Court:Supreme Court
Related Case(s): 53626 , 82273
Lower Court Case(s):Clark Co. - Eighth Judicial District - C106784Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/13/2006 at 1:30 PMOral Argument Location:Carson City
Submission Date:06/13/2006How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/18/2004Filing Fee Filing Fee Waived.
10/18/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-19285
12/09/2004TranscriptFiled Transcript. Proceedings: September 10, 2004. Court Reporter: Maureen Schorn. 04-22491
01/05/2005Order/ProceduralFiled Order. This is an appeal from an order of the district court denying appellant's post-conviction petition for a writ of habeas corpus in a capital case. On November 29, 2004, appellant submitted an untimely transcript request form and docketing statement. Appellant's counsel was requested to file an appropriate motion for an extension of time. To date, appellant has failed to file the requisite motion. In the interest of judicial efficiency, we direct the clerk to file the late transcript request form and docketing statement. We admonish appellant's counsel for failing to file an appropriate motion for leave to file the late documents. 05-00285
01/05/2005Docketing StatementFiled Docketing Statement. 04-21666
01/05/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: September 10, 2004. To Court Reporter: Maureen Schorn. (The Transcript of 09/10/04 was filed on 12/09/04). 04-21668
02/09/2005MotionFiled Motion to Extend Time. 05-02619
02/14/2005Notice/OutgoingIssued Notice to Transmit Required Document. Findings of Fact, Conclusions of Law and Order filed on 12/01/04; Notice of Entry of Order filed on 12/15/04. Due Date: 10 days
02/16/2005Order/ProceduralFiled Order Granting Motion. filed February 9, 2005. Appellant shall have until March 11, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-03108
02/22/2005Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of Findings of Fact, Conclusions of Law and Order filed in district court on 12/1/04. 05-03461
02/22/2005Notice of Appeal DocumentsFiled Notice of Entry of Judgment or Order. Filed in district court on: 12/15/04. 05-03462
03/14/2005MotionFiled Motion to Extend Time. 45 days requested. 05-04963
03/25/2005Order/ProceduralFiled Order Granting Motion. filed March 14, 2005. Appellant shall have until April 25, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NARP 31(a)(1). 05-05889
04/21/2005MotionFiled Motion to Extend Time. 05-07825
05/03/2005BriefReceived Opening Brief. 05-08651
05/03/2005AppendixReceived Appendix to Opening Brief. Vols. 1 and 2. 05-08652
05/03/2005Order/ProceduralFiled Order Granting Motion. filed April 21, 2005. The clerk shall file the appendix received on May 3, 2005. However, the clerk shall not file the 46-page opening brief provisionally submitted on May 3, 2005, pending the filing and resolution of a motion for leave to file a brief in excess of 30 pages. 05-08693
05/03/2005AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. 05-08652
05/04/2005MotionFiled Motion for Excess Pages. Opening Brief. 05-08736
05/19/2005Order/ProceduralFiled Order Granting Motion. to file an opening brief in excess of 30 pages. The clerk shall file the 46-page opening brief received on May 3, 2005. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-09825
05/19/2005BriefFiled Opening Brief. 05-08651
06/22/2005MotionFiled Motion and Order/Excess Pages. Granted: 50 pages. 05-12303
06/22/2005BriefFiled Answering Brief. 05-12304
07/22/2005MotionFiled Motion to Extend Time. 05-14555
07/29/2005Order/ProceduralFiled Order Granting Motion. filed July 22, 2005. Appellant shall have until August 22, 2005, to file and serve the reply brief. 05-15094
08/23/2005MotionFiled Motion to Extend Time. 05-16668
08/24/2005Order/ProceduralFiled Order/Show Cause. Appellant's counsel shall have 30 days from the date of this order within which to show cause why this court should not summarily reject those assignments of district court error for which counsel has failed to provide a record sufficient to enable this court to review and consider the issue presented. Alternatively, appellant's counsel shall have 30 days to file a supplemental appendix. We grant appellant's motion for an extension of time to file the reply brief. Appellant's counsel shall have 30 days from the date of this order to file and serve the reply brief. 05-16815
09/06/2005MotionFiled Response to Order to Show Cause. Response to the Court's Order to Show Cause filed on August 24, 2005. 05-17484
09/26/2005MotionFiled Motion to Extend Time. Motion for Extension of Time to File Reply Brief and Supplemental Appendix. 05-19023
09/27/2005Order/ProceduralFiled Order Granting Motion. filed September 26, 2005. Counsel shall have to and including September 30, 2005, to file and serve the reply brief and supplemental appendix. 05-19120
09/28/2005Notice/IncomingFiled Notice. Notice to the Court Regarding Supplemental Appendix. 05-19196
09/28/2005BriefFiled Reply Brief. 05-19197
09/28/2005AppendixFiled Appendix to Reply Brief. Vols. 1 through 20. 05-19198
09/28/2005Case Status Update Submitted for Decision.
10/03/2005MotionFiled Motion. Motion for Supplemental Briefing on Retroactivity Issue. 05-19610
10/03/2005MotionFiled Motion. Motion for Leave to File Amended Brief. 05-19612
10/18/2005Order/ProceduralFiled Order Granting Motion. filed October 3, 2005. The clerk shall file the amended answering brief submitted on October 3, 2005. Appellant shall have 20 days to file and serve a supplemental brief of not more than 20 pages. The State shall have 20 days thereafter to file and serve a 20 page supplemental answering brief. Upon the filing of the supplemental answering brief, this appeal shall stand submitted for decision without oral argument unless otherwise ordered by this court. 05-20603
10/18/2005BriefFiled Amended Brief. Amended Respondent's Answring Brief. 05-19613
11/08/2005MotionFiled Motion to Extend Time. Motion for Extension of time to file Supplemental Brief. 05-22042
11/14/2005Order/ProceduralFiled Order Granting Motion. Supplemental brief due: December 7, 2005. 05-22323
12/12/2005MotionFiled Motion to Extend Time. Motion for Extension of Time to File Supplemental Brief. 05-24242
12/22/2005Order/ProceduralFiled Order Granting Motion. The clerk shall file the supplemental brief received on December 13, 2005. Respondent shall have 20 days to file and serve a supplemental answering brief of not more than 20 pages. 05-24915
12/22/2005BriefFiled Supplemental Brief. Appellant's Supplemental Brief as Ordered by this Court. 05-24283
01/17/2006BriefFiled Supplemental Brief. Respondent's Answering Brief. 06-01106
02/15/2006MotionFiled Motion to Extend Time. 06-03322
02/23/2006Order/ProceduralFiled Order Denying Motion. Counsel for appellant filed a motion requesting an extension of time to file a supplemental reply brief. The motion makes no attempt to demonstrate why a supplemental reply brief is necessary. Appellant's motion is hereby denied. 06-04093
03/16/2006Order/ProceduralFiled Order. Directing Oral Argument. We consolidate these appeals for the limited purpose of hearing oral argument. The clerk shall schedule the appeals for oral argument before the en banc court in June 2006 in Carson City. The oral argument shall be limited to a total of 60 minutes. Nos. 44094/44297 - consolidated for the limited purpose of hearing oral argument. 06-05696
04/21/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 13, 2006, at 1:30 p.m. (En Banc)
05/09/2006MotionFiled Motion. Motion to Continue Oral Argument Set for June 13, 2006. 06-09723
05/12/2006MotionFiled Response to Motion. Opposition to Motion to Continue Oral Argument. 06-10041
05/24/2006Order/ProceduralFiled Order Denying Motion. These appeals were previously consolidated for the purpose of oral argument before the en banc court. We deny the motion to reschedule the oral argument in this court. The oral sixty minute argument currently set for June 13, 2006, in Carson City, shall proceed as scheduled. Nos. 44094/44297 - consolidated for oral argument. 06-10997
05/30/2006Notice/OutgoingIssued Oral Argument Reminder Notice.
05/31/2006BriefFiled Supplemental Authorities. Per NRAP 31(d). Nos. 44094/44297 - consolidated for oral argument only. 06-11406
06/13/2006Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
11/16/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Hardesty, J. I concur: Parraguirre, J. Becker, J., with whom Douglas, J., agrees, concurring in part and dissenting in part. Rose, C.J., with whom Maupin and Gibbons, JJ., agree, concurring in part and dissenting in part. 122 Nev. Adv. Opn. No. 93. EN BANC. 06-23502
12/05/2006MotionFiled Motion to Extend Time. 06-24798
12/08/2006Order/ProceduralFiled Order Granting Motion. filed December 5, 2006. Petition for Rehearing due: 5 days. (faxed order to Christopher Oram) 06-25102
12/11/2006Post-Judgment PetitionFiled Petition for Rehearing. 06-25217
12/22/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Fn1[The Honorable Robert E. Rose, Chief Justice and the Honorable Nancy A. Becker, Justice, did not participate in the decision of this matter.] 06-26298
01/16/2007RemittiturIssued Remittitur. 07-01058
01/16/2007Case Status Update Remittitur Issued/Case Closed.
01/22/2007RemittiturFiled Remittitur. Received by County Clerk on January 19, 2007. 07-01058
08/06/2007MotionFiled Motion. to Recall the Remittitur. 07-17264
08/10/2007MotionFiled Response to Motion. State's Opposition to Motion to Recall Remittitur. 07-17718
08/17/2007MotionFiled Motion for Permission to File Document. Motion for Leave to file Reply and Reply to State's Opposition to Motion to Recall Remittitur. 07-18210
09/11/2007Order/ProceduralFiled Order Denying Motion. to Recall the Remittitur. This court has already denied rehearing in this appeal, and Rippo has not alleged any misapprehension of fact or law that would warrant rehearing at this juncture. Accordingly, the motion is denied. fn1[On August 17, 2007, Rippo filed a motion for leave to file a reply to the State's opposition. Cause appearing, the motion is granted.] 07-20016
09/11/2007Case Status Update Case Closed.