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United States Court Cases

Nevada Supreme/Appellate Court Record

SANTANA (VINCENT) VS. STATE

Case Information: 40880
Short Caption:SANTANA (VINCENT) VS. STATECourt:Supreme Court
Related Case(s): 47600 , 55037 , 66122 , 66420 , 82077
Lower Court Case(s):Clark Co. - Eighth Judicial District - C182880Classification:Criminal Appeal - Life - Direct
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:02/24/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/05/2003Filing Fee Filing Fee Waived.
02/05/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 03-02013
02/11/2003Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 11/12/02 through 11/15/02; 12/17/02; 1/16/03. Court Reporter: Dept. XI. Filed in district court on: 1/31/03. 03-02367
02/24/2003Docketing StatementFiled Docketing Statement. 03-03019
04/07/2003MotionFiled Motion to Extend Time. Motion for an extension of 20 days to prepare a rough draft transcript. 03-05775
04/08/2003TranscriptReceived Transcript. Proceedings: January 16, 2003. Court Reporter: Kit MacDonald. 03-05915
04/17/2003TranscriptFiled Transcript. Proceedings: 11/13/02 & 11/14/02; 11/14/02; and 12/17/02. Court Reporter: Cathy Nelson. 03-06562
06/04/2003Notice/IncomingFiled Notice of Appearance. JoNell Thomas appointed by district court to represent appellant on appeal. 03-09342
06/04/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 8/15/02, 11/12/02, 11/13/02, 11/14/02, 11/15/02, 12/17/02. To Court Reporter: Dept. XI. 03-09344
06/04/2003MotionFiled Motion to Extend Time. 03-09346
07/24/2003Order/ProceduralFiled Order. On February 11, 2003, trial counsel for appellant, attorney Gabriel L. Grasso, filed a transcript request form requesting the production of rough draft transcripts by the court recorder in Eighth Judicial District Court, Department XI. On April 7, 2003, court recorder Janice R. Liston filed a motion requesting a 20-day extension of time to file the rough draft transcripts. Because this appeal is not subject to NRAP 3C, the request should have been for certified copies rather than rough draft transcripts. No action will be taken upon the request for rough draft transcripts, and we deny the motion for an extension of time to prepare rough draft transcripts as moot. On June 4, 2003, attorney JoNell Thomas filed a notice of appearance and a transcript request form in this appeal. Ms. Thomas requests the 'Court Reporter, Dept. XI,' to prepare and file transcripts for proceedings conducted on the following dates: August 15, 2002; November 12, 2002; November 13, 2002; November 14, 2002; November 15, 2002; and December 17, 2002. We note that on April 17, 2003, court reporter Cathy Nelson filed certified copies of transcripts for proceedings held on November 13, 2002; November 14, 2003; and December 17, 2002. We note that Ms. Nelson was also the court reporter for the proceedings held on November 12, and 15, 2002; and that court recorder Carrie Hansen recorded the proceedings held on August 15, 2002. Accordingly, Ms. Nelson and Ms. Hansen shall prepare and file certified copies of those transcripts within 30 days from the date of this order. Additionally, although not requested by Ms. Thomas, the clerk of this court shall file the transcript of proceedings conducted on January 16, 2003, that was filed by court reporter Kit MacDonald on April 8, 2003. fn1[A transcript for that date was requested in the request for rough draft transcripts filed by Mr. Grasso.] On June 4, 2003, Ms. Thomas filed a motion requesting a 60-day extension of time to file the opening brief. Cause appearing, we grant the motion. Appellant shall file and serve the opening brief and appendix within 60 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 03-12508
07/24/2003TranscriptFiled Transcript. Proceedings: January 16, 2003. Court Reporter: Kit MacDonald. 03-05915
07/31/2003TranscriptFiled Transcript. Proceedings: 8/15/02; 11/12/02; 11/13/02; 11/14/02; 12/17/03. Court Reporters: Cathy Nelson and Carrie Hansen. 03-12910
07/31/2003Letter/IncomingFiled Letter. from Court Recorder Janice Liston. The November 15, 2002, proceedings were not transcribed. 03-12915
09/26/2003BriefFiled Opening Brief. 03-16152
09/26/2003AppendixFiled Appendix to Opening Brief. 03-16153
10/03/2003TranscriptFiled Transcript. Proceedings: November 15, 2002. Court Reporter: Cat Nelson. 03-16490
10/27/2003BriefFiled Answering Brief. 03-17850
11/17/2003BriefFiled Reply Brief. 03-19127
02/24/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-03539
02/24/2004Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP04S-MS/RR/WM.
04/06/2004Notice/OutgoingIssued Letter. to Clark County Clerk requesting copy of Pre-Sentence Report to be certified and transmitted under seal. 04-06287
04/06/2004Notice of Appeal DocumentsFiled Documents from District Court Clerk. Copy of Pre-Sentence Report for Vincent Mark Santana (filed under seal). Received via electronic transmission from Clark County Clerk.
04/12/2004Record on Appeal DocumentsFiled District Court Documents. Copy of Pre-Sentence Report for Vincent Mark Santana (filed under seal). (Original of fax filed on 4/6/04.) 04-06722
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
05/11/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04S-MS/RR/WM 04-08739
05/19/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-09297
06/02/2004Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Respondent shall have 15 days from the date of this order within which to file and serve an answer to the petition. 04-10141
07/20/2004MotionFiled Motion to Extend Time. 04-13204
07/23/2004Order/ProceduralFiled Order Granting Motion. filed July 20, 2004. Respondent shall have until July 30, 2004, to file and serve its answer to appellant's petition for rehearing. 04-13404
07/26/2004Post-Judgment PetitionFiled Answer to Petition for Rehearing. State's Opposition to Defendant's Petition for Rehearing. 04-13531
09/09/2004Order/DispositionalFiled Dispositional Order/Appeal. Reversed and Remanded. Upon further reflection, we conclude that Santana's petition for rehearing should be granted in part. We conclude that imposition of a life sentence without the possibility of parole was excessive so as to constitute cruel and unusual punishment. We therefore reverse the judgment of conviction in part and remand this matter for resentencing. The petition for rehearing is denied in all other respects. We hereby 'ORDER this matter REVERSED in part and REMANDED for further proceedings consistent with this order.' SNP04S-MS/RR/WM 04-16525
09/15/2004Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 04-16976
09/15/2004MotionFiled Motion. Motion to Stay Issuance of Remittitur pending Petition for Rehearing En Banc. 04-16982
09/22/2004Order/ProceduralFiled Order. Staying Issuance of the Remittitur. Appellant has moved to stay issuance of the remittitur pending resolution of his petition for en banc reconsideration. Cause appearing, we grant the motion and hereby stay issuance of the remittitur. In the event this court denies appellant's petition for en banc reconsideration, the remittitur shall issue 25 days from entry of our order. Appellant may move to further stay issuance of the remittitur if his petition for en banc reconsideration is denied and he intends to file a petition for writ of certiorari in the United States Supreme Court. 04-17533
11/04/2004Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." fn1[The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] EN BANC 04-20316
11/15/2004MotionFiled Motion for Stay. Motion to Stay Issuance of Remittitur Pending Petition for Certiorari. 04-20940
11/17/2004Order/ProceduralFiled Order Granting Motion. filed November 15, 2004. Appellant has moved to stay issuance of the remittitur pending the filing of a petition for a writ of certiorari with the United States Supreme Court. Cause appearing, we grant the motion. See NRAP 41 (b). We stay the issuance of the remittitur for 90 days from the date of this order pending appellant's application for a writ of certiorari to the United States Supreme Court. If during the 90-day period, the clerk of this court receives notice from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, this stay shall continue in effect until final disposition of the certiorari proceedings. If no such notice is received, the clerk of this court shall issue the remittitur on February 24, 2005. 04-21089
02/14/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed December 2, 2004 and placed on the docket as Case No. 04-8524. 05-02897
03/25/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 05-05874
03/30/2005Order/ProceduralFiled Order. On November 17, 2004, this court stayed issuance of the remittitur in this appeal pending final disposition of appellant's petition for a writ of certiorari filed in the United States Supreme Court. On March 25, 2005, the clerk of this court received notice that the United States Supreme Court denied appellant's petition on March 21, 2005. Accordingly, we direct the clerk of this court to issue the remittitur in this appeal. 05-06180
03/30/2005RemittiturIssued Remittitur. 05-06211
03/30/2005Case Status Update Remittitur Issued/Case Closed.
04/07/2005RemittiturFiled Remittitur. Received by County Clerk on April 1, 2005. 05-06211