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United States Court Cases

Nevada Supreme/Appellate Court Record

ALCARAZ (ANTHONY) VS. STATE

Case Information: 44830
Short Caption:ALCARAZ (ANTHONY) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C202791Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:04/03/2007 at 11:00 AMOral Argument Location:Regional Justice Center
Submission Date:04/03/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/08/2005Filing Fee Filing Fee Waived.
03/08/2005Notice 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.) 05-04627
03/08/2005Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 11/1/04, 11/3/04, 11/4/04, 11/5/04 and 1/18/05. Court Reporters: Joe D'Amato and Maureen Schorn. Filed in district court on: March 2, 2005. 05-04628
03/18/2005TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 11/03/04. Court Reporter: Maureen Schorn. 05-05379
04/14/2005MotionFiled Motion to Extend Time. 05-07367
04/27/2005Order/ProceduralFiled Order Granting Motion. filed April 14, 2005. Court reporter or recorder Joe D'Amato shall file the requested transcripts within 10 days of this order. The motion for an extension of time is granted. Appellant shall have 20 days from the filing of the transcripts within which to file and serve the fast track statement and appendix. 05-08273
05/13/2005TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 11/2/04, 11/4/05, 11/5/05 and 1/18/05. Court Reporter: J.A. D'Amato. 05-09420
06/28/2005Order/ProceduralFiled Order. Court reporter Joe D'Amato shall have 10 days from the date of this order to file the transcript from November 1, 2004, or show cause why D'Amato should not be sanctioned. 05-12708
08/25/2005Order/CounselFiled Order/Sanctions. To date, no transcript has been provided to this court and there has been no attempt to show cause for the failure to comply with NRAP 3C(d)(3)(iii). Cause appearing, we order court reporter Joe D'Amato to pay sanctions in the amount of one hundred dollars ($100.00) to the Nevada Supreme Court Law Library within 15 days from the date of this order. Moreover, court reporter Joe D'Amato shall provide the requested transcript to this court within 10 days from the date of this order or show cause why he should not be sanctioned further. 05-16853
09/08/2005TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: November 1, 2004. Court Reporter: Joseph A. D'Amato. 05-17741
09/13/2005Notice/IncomingFiled Proof of Payment of Sanction. Notice from Supreme Court Law Library that sanction in the amount of $100 has been paid.
10/05/2005Order/ProceduralFiled Order. All transcripts have been filed. Fast track statement and appendix due: 20 days. 05-19770
11/10/2005MotionFiled Motion to Extend Time. 05-22200
12/06/2005Order/ProceduralFiled Order Denying Motion. Appellant has not demonstrated extreme need or merit, and the motion for a 30-day extension is denied. Fast track statement and appendix due: 10 days. 05-23826
12/27/2005MotionFiled Motion for Excess Pages. Appellant Alcaraz's Motion for Leave to File 22-Page Fast Track Statement. 05-25206
12/27/2005MotionFiled Motion to Extend Time. Motion for Extension of Time. 05-25207
12/27/2005Fast Track BriefReceived Fast Track Statement. 05-25208
01/13/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the fast track statement and appendix provisionally submitted on December 27, 2005. 06-00937
01/13/2006Fast Track BriefFiled Fast Track Statement. 05-25208
01/13/2006AppendixFiled Appendix to Fast Track Statement. 05-25209
02/06/2006Fast Track BriefFiled Fast Track Response. 06-02620
04/14/2006Order/ProceduralFiled Order. this court has concluded that full briefing is warranted. fn1-[Counsel need not file a new appendix and may utilize the fast track appendix previously filed in this court.] Appellant's counsel shall have 30 days from the date of this order within which to file and serve the opening brief. Additionally, we invite the Nevada Attorneys for Criminal Justice "NACJ" to submit an amicus brief in this appeal respecting the use of photographic and computer-generated re-enactment evidence in criminal trials. Should the NACJ elect to participate in this matter as amicus curiae, we request that it file and serve its amicus brief within 45 days of the date of this order. Thereafter, the State shall have 30 days from the date of service of the amicus brief within which to submit an answering brief responding to appellant's brief, as well as the amicus brief. The reply brief, if any, shall be shall be filed within 30 days of service of the State's answering brief. Upon the completion of briefing, this appeal shall proceed before the en banc court, and the full court will determine in due course whether oral argument is warranted. 06-07866
05/18/2006MotionFiled Stipulation and Order. Brief due: June 15, 2006. 06-10498
05/26/2006MotionFiled Stipulation. - To Extend the Time to File Amicus Brief. 06-11169
06/13/2006Order/ProceduralFiled Order/Stipulation Approved. The NACJ shall have until June 28, 2006, to file and serve its amicus curiae brief. 06-12366
06/19/2006MotionFiled Motion to Extend Time. 06-12775
06/23/2006Order/ProceduralFiled Order Granting Motion. Opening brief due: June 29, 2006. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 06-13019
06/27/2006MotionFiled Motion to Extend Time. Unopposed Motion for Extension of Time to file Amicus Brief. 06-13229
07/03/2006BriefFiled Opening Brief. 06-13708
08/22/2006Order/ProceduralFiled Order Granting Motion. Order Filing Amicus Curiae Brief. The clerk shall file the amicus curiae brief received from the NACJ on July 14, 2006. Answering brief due: 30 days. 06-17414
08/22/2006BriefFiled Amicus Brief. Amicus Brief of Nevada Attorneys for Criminal Justice. 06-14614
08/28/2006BriefFiled Answering Brief. 06-17865
09/28/2006MotionFiled Stipulation and Order. Brief due: October 25, 2006. 06-19924
10/26/2006BriefFiled Reply Brief. 06-21989
02/15/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Las Vegas on April 3, 2007, at 11:00 a.m. (En Banc) 07-03770
03/20/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-06311
04/03/2007Letter/IncomingFiled Letter. from Patrick C. McDonnell, Assistant City Editor Las Vegas Review-Journal, requesting permission to photograph the oral argument in Alcaraz v. State, No. 44830, scheduled for April 3, 2007 at 11:00 a.m. 07-07367
04/03/2007Order/ProceduralFiled Order. Permission is granted for photographic coverage of the oral argument to be held on April 3, 2007, at 11:00 a.m., in the above-matter. All persons participating in such photographic coverage shall observe the standards set forth in the Supreme Court Rules in all respects, and Patrick C. McDonnell of the Las Vegas Review Journal is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. All equipment shall be placed in the court room before commencement of the oral argument. 07-07384
04/03/2007Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
11/21/2007Order/DispositionalFiled Dispositional Order/Appeal. "We remand this matter to the district court with instructions to vacate the conviction for attempted murder. The conviction for carrying a concealed weapon is affirmed." Fn5 [We note the judgment of conviction incorrectly states that Alcaraz was convicted pursuant to a guilty plea. In fact, Alcaraz was convicted pursuant to a jury verdict. Upon remand, the district court shall correct this error in the judgment of conviction.] EN BANC-WM/MG/JH/RP/MD/MC/NS. 07-25493
12/07/2007Post-Judgment PetitionFiled Petition for Rehearing. 07-26575
02/20/2008Post-Judgment OrderFiled Order/Rehearing Denied. Order Denying Rehearing and Issuing a Corrected Order Affirming in Part and Reversing in Part. "We conclude that rehearing is not warranted." Because the original order was missing two signatures, we issue a corrected Order Affirming in Part and Reversing in Part to be filed contemporaneously with this order. 08-04033
02/20/2008Order/DispositionalFiled Dispositional Order/Appeal. "We remand this matter to the district court with instructions to vacate the conviction for attempted murder. The conviction for carrying a concealed weapon is affirmed." Fn5 [We note the judgment of conviction incorrectly states that Alcaraz was convicted pursuant to a guilty plea. In fact, Alcaraz was convicted pursuant to a jury verdict. Upon remand, the district court shall correct this error in the judgment of conviction.] EN BANC-WM/MG/JH/RP/MD/MC/NS. 08-04035
03/18/2008RemittiturIssued Remittitur. 08-05108
03/18/2008Case Status Update Remittitur Issued/Case Closed.
03/21/2008RemittiturFiled Remittitur. Received by County Clerk on March 18, 2008. 08-05108