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United States Court Cases

Nevada Supreme/Appellate Court Record

HERNANDEZ (FERNANDO) VS. STATE (DEATH PENALTY/PC)

Case Information: 44812
Short Caption:HERNANDEZ (FERNANDO) VS. STATE (DEATH PENALTY/PC)Court:Supreme Court
Related Case(s): 36859 , 60254 , 73620
Lower Court Case(s):Clark Co. - Eighth Judicial District - C162952Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:11/06/2007 at 11:30 AMOral Argument Location:Carson City
Submission Date:11/06/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/04/2005Filing Fee Filing Fee Waived.
03/04/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 05-04354
03/25/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/20/04 and 10/11/04. To Court Reporter: M. Cook and L. Makowski. 05-05897
03/25/2005Docketing StatementFiled Docketing Statement. 05-05898
04/08/2005Order/ProceduralFiled Order/Show Cause. Appellant's counsel shall have 20 days from the date of this order within which to show cause why this appeal should not be dismissed as untimely. The briefing schedule in this appeal is hereby suspended pending further order of this court. 05-06906
04/14/2005TranscriptFiled Transcript. Proceedings: December 20, 2004. Court Reporter: Mary Beth Cook. 05-07297
04/22/2005TranscriptFiled Transcript. Proceedings: October 11, 2004. Court Reporter: Lisa Makowski. 05-07876
04/28/2005MotionFiled Response to Order to Show Cause. 05-08379
05/10/2005Order/ProceduralFiled Order/Briefing Reinstated. We conclude that appellant's notice of appeal of March 1, 2005, was timely filed. We reinstate the briefing schedule in this appeal. Appellant shall have 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with the schedule set forth in NRAP 31 and SCR 250(7)(c). 05-09175
09/12/2005MotionFiled Motion for Excess Pages. 60 pages. 05-17992
09/29/2005Order/ProceduralFiled Order Granting Motion. filed September 12, 2005. Appellant shall have 10 days from the date of this order to file and serve the 60-page opening brief and appendix. 05-19319
10/17/2005BriefFiled Opening Brief. 12/30/05 Order: opening brief stricken.jcr 05-20547
10/17/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 5. 05-20548
10/19/2005AppendixFiled Appendix. Appellant's Supplemental Appendix, Volumes 1 through 4. Issued Notice to Provide Proof of Service. 05-20768
10/26/2005MotionFiled Motion to Strike. Motion to Strike Appellant's Opening Brief and Appendix. 05-21261
11/04/2005Notice/IncomingFiled Proof of Service. Appellant's Supplemental Appendix, Vols. 1 through 4. 05-21810
12/30/2005Order/ProceduralFiled Order/Motion Granted in Part. And Striking Appellant's Opening Brief. The State shall return to appellant's counsel the entire appendix it received within 10 days of the date of this order. Counsel for appellant shall have 30 days to prepare and serve upon the State a new appendix. Additionally, appellant's counsel shall have 30 days from the date of this order within which to file in this court the amended index to the appendix. fn1[Counsel need only file the necessary copies of a corrected index with this court.] We direct the clerk of this court to strike the opening brief filed in this court on November 17, 2005. Amended brief from appellants due: 30 days. 05-25455
03/20/2006Order/ProceduralFiled Order/Show Cause. Appellant's counsel has neither complied with the directives in this court's order nor communicated with this court in any manner respecting counsel's failure to comply. Accordingly, appellant's counsel shall have 20 days from the date of this order within which to either to comply in full with this court's order of December 30, 2005, or within which to show cause why counsel should not be sanctioned for failure to comply with that order. 06-05865
04/10/2006BriefFiled Amended Brief. Appellant's Amended Opening Brief. 06-07468
04/10/2006AppendixFiled Appendix to Opening Brief. Appellant's Amended Supplemental Appendix. Vols. 1 through 8. 06-07470
06/06/2006MotionFiled Motion to Extend Time. Motion for Enlargement of Time. 06-11799
06/28/2006Order/ProceduralFiled Order Granting Motion. Answering brief due: July 10, 2006. 06-13302
07/12/2006BriefFiled Answering Brief. 06-14328
08/21/2006Case Status Update Briefing Completed. No reply brief filed.
08/28/2006MotionFiled Motion. for Enlargment of Time to File Reply Brief (First Request); Motion for leave to File Supplmental Opening Brief, or, in the Alternative, Motion for Remand to District court for Determination of The Retroactivity of McConnell. 06-17837
09/01/2006MotionFiled Response to Motion. Opposition to Motion for Enlargement of time to file Reply Brief (First Request); Motion for Leave to file Supplemental Opening Brief, or, in the Alternative, Motion for Remand to district Court for Determination of the Retroactivity of McConnell. 06-18194
09/08/2006Other Other. Filed Reply in Support of Motion for Enlargement of Time to File Reply Brief (First Request) and Motion for Leave to File Supplemental Opening Brief, or, in the Alternative, Motion for Remand to District Court for Determination of the Retroactivity of McConnell. 06-18627
09/12/2006Order/ProceduralFiled Order. Hernandez: 20 days to file a reply brief of not more than 30 pages. 30 days to file a supplemental brief of not more than 20 pages. State: 30 days from service of supplemental brief to file an answering brief of not more than 20 pages. 06-18798
10/05/2006BriefFiled Reply Brief. 06-20403
12/29/2006Order/ProceduralFiled Order. Directing Transmission of Transcripts. Within 10 days from the date of this order, the district court clerk shall transmit certified copies of the transcripts held on July 18, 19, and 20, 2000, to this court as a supplemental record on appeal. 06-26632
01/10/2007TranscriptFiled Transcript. Proceedings: July 18, 19, and 20, 2000. Court Reporter: Lisa Makowski. (Submitted by Clark Co. Clerk.) 07-00750
01/24/2007Order/ProceduralFiled Order/Show Cause. We order Hernandez's counsel to file a supplemental brief in accordance with our earlier order or show cause why this court should not disregard the original motion. Hernandez shall have 20 days to serve and file a brief of not more than 20 pages or to show cause as stated above. The State shall have 20 days from the date of service of a supplemental brief to serve and file an answering brief of not more than 20 pages. 07-01840
02/22/2007BriefFiled Supplemental Brief. Appellant's Supplemental Brief. 07-04273
03/26/2007BriefFiled Supplemental Brief. Respondents. 07-06839
03/26/2007AppendixFiled Appendix to Answering Brief. (Supplemental). 07-06841
08/07/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on September 4, 2007 at 1:00 p.m. (En Banc) 07-17352
08/21/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-18421
08/31/2007Order/ProceduralFiled Order Vacating Argument and Setting for Submission. We hereby vacate the oral argument presently scheduled for September 4, 2007, at 1:00 p.m. and direct the clerk to schedule this appeal for oral argument before the en banc court on the next available argument date. 07-19377
09/19/2007Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on November 6, 2007 at 11:30 a.m. (En Banc) 07-20729
10/23/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-23324
11/06/2007Case Status Update Submitted for Decision. Before the En Banc Court.
10/30/2008Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Maupin, A. William. Majority: Maupin/Gibbons/Hardesty/Parraguirre/Douglas/Saitta. Concur/Dissent: Cherry. 124 Nev. Adv. Opn. No. 83. EN BANC. 08-27800
11/18/2008Post-Judgment PetitionFiled Petition for Rehearing. Alternatively, Motion for Limited Briefing in Regards to Application of McConnell to the Torture Aggravator as Applied to the Facts of this Case. 08-29413
12/15/2008Notice/OutgoingIssued Letter. to Publishers re: corrections in recently filed opinions. 08-31867
01/07/2009Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." Fn1 [We deny appellant's motion for limited additional briefing in this matter.] Fn2 [The Honorable Kristina Pickering, Justice, did not participate in the decision in this matter.] 09-00375
01/16/2009Order/ProceduralFiled Order Denying Motion. We direct the clerk to file the proper person motion received on January 2, 2008. We deny the motion. 09-01363
01/16/2009MotionFiled Proper Person Motion. Motion for Order to Terminate Postconviction Counsel and Appointment of Alternate Competent Postconviction Counsel; Motion for Enlargement of Time to File Briefing, or, Reply Brief in Regards to Petition for Rehearing; Motion for Leave to File Supplemental Opening Brief, or, in the Alternative, Motion for Remand to District Court. 09-00047
01/30/2009Post-Judgment PetitionReceived Answer to Petition for En Banc Reconsideration. FILED PER ORDER OF 2/25/09. 09-02777
02/03/2009RemittiturIssued Remittitur. 09-01693
02/03/2009Case Status Update Remittitur Issued/En Banc Reconsideration Pending.
02/12/2009RemittiturFiled Remittitur. Received by County Clerk on February 9, 2009. 09-01693
02/25/2009Order/ProceduralFiled Order Denying Motion. We direct the clerk of this court to file the proper person motion received on January 30, 2009. We deny appellant's motion for en banc rehearing. Fn1 [The Honorable Kristina Pickering, Justice, did not participate in the decision in this matter.] 09-04944
02/25/2009Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. 09-02777
02/04/2010Notice/OutgoingIssued Letter. to Publishers re: corrections to opinions filed in 2008. Nos. 51768, 51798, 44812. 10-03325