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United States Court Cases

Nevada Supreme/Appellate Court Record

KENNEDY (KEVIN) VS. STATE

Case Information: 42471
Short Caption:KENNEDY (KEVIN) VS. STATECourt:Supreme Court
Related Case(s): 48359 , 48550 , 50913 , 68873
Lower Court Case(s):White Pine Co. - Seventh Judicial District - CR0307045Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:11/15/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/10/2003Filing Fee Filing Fee Waived.
12/10/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 03-20574
12/10/2003Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: August 11, 2003, September 30, 2003, October 1, 2003, October 2, 2003 and November 10, 2003. Court Reporter: Gloria Jean Smith. Filed in district court on: November 26, 2003. 03-20575
01/13/2004TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: September 30, 2003 and October 1, 2003. Court Reporter: Gloria Smith. 04-00808
01/13/2004TranscriptFiled Transcript. Proceedings: August 11, 2003 and November 10, 2003. Court Reporter: Gloria Jean Smith. 04-00809
01/21/2004Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement and Appendix due: January 27, 2004. 04-01166
01/27/2004MotionFiled Motion. Motion for Full Briefing. 04-01732
02/02/2004Order/ProceduralFiled Order/Full Briefing. On January 27, 2004, counsel for appellant filed a motion for full briefing. The motion is granted. Appellant shall have 30 days from the date of this order to file and serve the opening brief (and appendix). fn1[This court notes that transcripts have already been filed in this appeal. Should either counsel cite to transcripts not previously prepared, counsel shall file and serve a request for the necessary transcripts pursuant to NRAP 9(a). If the necessary transcripts have already been prepared and are on file in the district court, the parties may include such transcripts in the appendix without filing a transcript request form.] Thereafter, briefing shall proceed as set forth in NRAP 31. 04-02021
03/04/2004MotionFiled Motion and Order Extending Time. Brief due: April 5, 2004. 04-04082
04/05/2004MotionFiled Motion to Extend Time. (Second request-30 days requested) 04-06213
04/07/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed April 5, 2004. Appellant shall have until May 5, 2004, to file and serve the opening brief and appendix. 04-06394
05/05/2004MotionFiled Motion to Extend Time. (Third Request). 04-08288
05/10/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Supplemental Request. Transcripts requested: 10/01/03 and 10/02/03. Court Reporter: Gloria Jean Smith. Not filed in district court. 04-08580
05/25/2004TranscriptFiled Transcript. Proceedings: October 1, & 2, 2003. Court Reporter: Gloria Jean Smith. 04-09640
06/04/2004MotionFiled Motion to Extend Time. (Fourth Request). 04-10275
06/15/2004Order/ProceduralFiled Order. Appellant has moved for a fourth extension of time to file the opening brief. Cause appearing, we grant the motion. fn1[In light of this order, we deny appellant's motion for a third extension of time to file the opening brief and appendix as moot.] Appellant shall have until July 6, 2004, to file and serve the opening brief and appendix. Thereafter, briefing shall 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. On May 10, 2004, appellant filed a supplemental request for rough draft transcripts. Under NRAP 9(a), certified copies of transcripts are requested, not rough draft transcripts. Nevertheless, on May 25, 2004, certified copies of the requested transcripts were filed with this court. Accordingly, in the interest of judicial economy, we waive compliance with NRAP 9(a). 04-10985
07/06/2004MotionFiled Motion to Extend Time. (Fifth Request). 04-12298
07/28/2004Order/ProceduralFiled Order Granting Motion. filed July 6, 2004. Appellant shall have until August 5, 2004, to file and serve the opening brief and appendix. 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. 04-13716
08/05/2004MotionFiled Motion to Extend Time. (Sixth Request). 04-14226
09/07/2004MotionFiled Motion to Extend Time. (Seventh Request). 04-16272
10/07/2004MotionFiled Motion to Extend Time. (Eighth Request) 04-18638
11/08/2004MotionFiled Motion to Extend Time. Motion to Extend Time in Which to file Appellant's Opening Brief (Ninth Request.) 04-20525
12/20/2004MotionFiled Motion to Extend Time. 04-23099
12/20/2004MotionFiled Motion. Motion Requesting Court to Direct Transmittal of Original Exhibit. 04-23100
12/20/2004MotionFiled Motion for Excess Pages. 04-23101
01/24/2005MotionFiled Motion to Extend Time. 05-01460
02/24/2005BriefReceived Answering Brief. 05-03702
02/24/2005AppendixReceived Appendix to Answering Brief. 05-03703
03/29/2005Order/ProceduralFiled Order Granting Motion. Extreme and unforeseeable circumstances having been shown, we grant the unopposed motions for extensions of time, motion to file a brief in excess of 30 pages and motion to transmit an original exhibit. The clerk of this court shall file the opening brief and appendix received on December 20, 2004. The clerk of the district court shall have 20 days from the date of this order to certify and transmit to this court "[t]he photographic lineup . . . introduced at trial as State's Exhibit 10." We grant respondent's motion to file the answering brief. The clerk of this court shall file the answering brief and appendix received on February 24, 2005. Appellant shall have 30 days from the date of this order to file and serve a reply brief, if deemed necessary. 05-06165
03/29/2005BriefFiled Opening Brief. 04-23103
03/29/2005AppendixFiled Appendix to Opening Brief. 04-23104
03/29/2005BriefFiled Answering Brief. 05-03702
03/29/2005AppendixFiled Appendix to Answering Brief. 05-03703
04/12/2005Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request for Transcript of Proceedings. Transcripts requested: September 30, 2003. To Court Reporter: Gloria Jean Smith. 05-07127
04/20/2005ExhibitFiled Exhibits (copies). State's Exhibit 10 (photographic line-up). 05-07662
04/28/2005MotionFiled Motion and Order Extending Time. Brief due: May 31, 2005. 05-08409
05/03/2005TranscriptFiled Transcript. Proceedings: 9/30/03. Court Reporter: Gloria Jean Smith. 05-08646
05/31/2005BriefFiled Reply Brief. 05-10579
05/31/2005MotionFiled Motion. Response by Counsel for Appellant to Allegations of Unethical Conduct Made in Respondent's Answering Brief. 05-10581
05/31/2005Other Other. Received Table of Contents and Table of Authorities to Reply Brief. Attached to inside front cover of original and copies of brief.
11/15/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 05-22401
11/15/2005Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06R-MD/RR/RP
11/17/2005MotionFiled Motion. 05-22741
11/28/2005MotionFiled Response to Motion. Opposition to Motion Requesting Oral Argument. 05-23242
12/20/2005Order/ProceduralFiled Order Denying Motion. for oral argument. 05-24777
12/20/2005Order/DispositionalFiled Order of Affirmance. We caution that further neglect of the NRAP will not be tolerated and strongly recommend that respondent's counsel review the NRAP before filing anything further with this court. "ORDER the judgment of the district court AFFIRMED." NNP06R-MD/RR/RP 05-24780
01/17/2006RemittiturIssued Remittitur. Returned Exhibits: State's Exhibit 10 (photographic line-up) this day. 06-00470
01/17/2006Case Status Update Remittitur Issued/Case Closed.
01/25/2006RemittiturFiled Remittitur. Received by County Clerk on January 20, 2006. 06-00470