| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 12/12/2003 | Filing Fee | Filing Fee Waived. | | |
| 12/12/2003 | 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.) | | 03-20743
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| 12/22/2003 | Docketing Statement | Filed Docketing Statement. | | 03-21282
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| 01/05/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-00201
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| 04/19/2004 | Brief | Filed Opening Brief. | | 04-07138
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| 04/19/2004 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 4. | | 04-07139
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| 05/17/2004 | Motion | Filed Motion for Stay. Appellant's Motion for Stay of Appellant (Appellate) Proceedings Pursuant to NRAP 8. | | 04-09134
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| 05/18/2004 | Brief | Filed Answering Brief. | | 04-09247
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| 05/27/2004 | Order/Procedural | Filed Order. Order Suspending Briefing Schedule and Directing Appellant to Supplement Motion for Stay. Counsel for appellant has moved this court to stay all appellate proceedings in this direct appeal. To date, the State has not opposed the motion. Accordingly, appellant's counsel shall have 30 days from the date of this order within which to obtain and transmit to the clerk of this court a written order of the district court certifying its inclination to grant appellant a new trial. Upon receipt of that written certification, this court will enter an order remanding this appeal to the district court for the limited purpose of returning jurisdiction to the district court so that it may properly enter a valid, written order granting appellant a new trial. Should the State thereafter file a timely notice of appeal from the district court's written order granting appellant a new trial, this court will then entertain a motion to consolidate the instant appeal from the judgment of conviction with the State's appeal from the order granting a new trial. In the interim, the briefing schedule in this appeal is hereby suspended pending further order of this court. | | 04-09749
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| 05/27/2004 | Motion | Filed Response to Motion. Response to Appellan'ts Motion for Stay of Appellate Proceedings. | | 04-09849
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| 06/21/2004 | Order/Incoming | Filed District Court Order. Certified copy of order filed in district court on June 16, 2004. | | 04-11215
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| 06/23/2004 | Motion | Filed Motion for Stay. Supplement to Motion for Stay. | | 04-11484
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| 07/07/2004 | Order/Procedural | Filed Order/Temporary Remand. We remand this appeal to the district court so that the district court will have appropriate jurisdiction to order and conduct a new trial. The instant appeal shall be held in abeyance pending further order of this court. Fn1 [Should the State file a timely appeal from the district court's written order granting appellant McLemore a new trial, this court will entertain a motion to consolidate the instant appeal from the original judgment of conviction with any appeal by the State from the order granting a new trial.] | | 04-12349
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| 07/29/2004 | Notice/Incoming | Filed Notice of Change of Address. Longabaugh Law Offices. | | 04-13847
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| 11/08/2004 | Motion | Filed Motion. Motion to Consolidate Appeals and Motion to Hold Briefing Schedule in Abeyance. Nos. 42491/43676. | | 04-20476
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| 11/24/2004 | Order/Procedural | Filed Order. Order Modifying Caption, Directing District Court to Enter New Order, and Denying Motion to Consolidate. fn1[The clerk of this court shall modify the caption in Docket No. 43676 to conform to the caption appearing in this order.] On May 17, 2004, counsel of record for McLemore filed a motion requesting this court to stay all appellate proceedings in McLemore's direct appeal in Docket No. 42491. fn2[The State's notice of appeal does not identify McLemore in any way as a party to the State's appeal. It is addressed only to Nathanial Graves and his counsel and was served only on counsel for Graves. Thus, it is clear from the notice of appeal itself, as well as from a subsequent response filed by the State in this court on September 1, 2004, that the State's notice of appeal of July 21, 2004, was intended to appeal the district court's order granting a new trial only as it pertained to Graves.] On May 27, 2004, this court entered an order in Docket No. 42491, suspending the briefing schedule and directing counsel for McLemore to supplement the motion for a stay with a copy of an order of the district court certifying its inclination to grant McLemore a new trial. On June 21, 2004, the clerk of this court received and filed an order entered by the district court on June 16, 2004, certifying the district court's intent to grant appellant McLemore and his co-defendant below a new trial. fn4[The State's notice of appeal does not identify McLemore in any way as a party to the State's appeal. It is addressed only to Nathanial Graves and his counsel and was served only on counsel for Graves. It is clear from the notice of appeal itself, as well as from a subsequent response filed by the State in this court on September 1, 2004, the State's notice of appeal of July 21, 2004, was intended to appeal the district court's order granting a new trial only as it pertained to Graves.] We hereby direct the district court to enter a new order granting McLemore a new trial. The clerk of the district court shall have 5 days from the date of entry of that new order within which to transmit a certified copy to the clerk of this court. Upon notification that the State has filed a timely notice of appeal from that new order, this court will consolidate the appeals in Docket Nos. 42491 and 43676 with the State's appeal from the order granting McLemore a new trial. fn5[We deny as moot all motions and requests for relief presently pending in these appeals.] Nos. 42491/43676 – cases are not consolidated. | | 04-21588
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| 01/18/2005 | Letter/Incoming | Filed Letter. The order granting a new trial for Mark McLemore has not been filed yet. | | 05-01124
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| 02/07/2005 | Order/Incoming | Filed District Court Order. Certified copy of order filed in district court on February 2, 2005. | | 05-02490
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| 03/30/2005 | Order/Procedural | Filed Order/Briefing Reinstated. On May 27, 2004, this court suspended the briefing schedule in this appeal. In an order entered on November 24, 2004, this court indicated that upon the State's filing of a timely notice of appeal from a duly entered order of the district court granting McLemore a new trial, this court would consolidate the instant appeal with the State's appeals from orders of the district court granting McLemore and his co-defendant Nathaniel Graves new trials. This court has now concluded that consolidating the instant appeal with the State's appeals is not warranted. fn1[This court, however, has consolidated the State's appeal from the order of the district court granting McLemore a new trial (Docket No. 44694) with the State's appeal from the order of the district court granting McLemore's co-defendant Nathaniel Graves a new trial (Docket No. 43676).] The briefing schedule in the instant appeal is hereby reinstated. Appellant McLemore shall have 30 days from the date of this order within which file and serve a reply brief in the instant appeal. | | 05-06181
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| 05/11/2005 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 07/12/2005 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. | | 05-13736
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| 07/12/2005 | Case Status Update | Submitted for Decision. | | |
| 11/15/2005 | Order/Dispositional | Filed Order Dismissing Appeal. "ORDER this appeal DISMISSED as moot." fn1[See State v. Graves and McLemore, Nos. 44694 and 43676 (Order of Affirmance, November 15, 2005)). NNP06R-MD/RR/RP | | 05-22406
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| 12/13/2005 | Remittitur | Issued Remittitur. | | 05-23305
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| 12/13/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 12/21/2005 | Remittitur | Filed Remittitur. Received by County Clerk on December 15, 2005. | | 05-23305
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