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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 40898
Short Caption:MEANS (CLYDE) VS. STATECourt:Supreme Court
Related Case(s): 54684 , 56226 , 57527
Lower Court Case(s):Nye Co. - Fifth Judicial District - PC3592Classification:Criminal Appeal - Other - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:06/09/2004 at 11:00 AMOral Argument Location:Carson City
Submission Date:06/09/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
02/06/2003Filing Fee Filing Fee Waived.
02/06/2003Notice 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.) 03-02165
02/13/2003Notice/OutgoingIssued Notice to Transmit Required Document. Judgment/Order Appealed from filed on January 14, 2003. Due Date: 10 days
02/21/2003Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on: January 14, 2003. 03-02936
02/25/2003TranscriptFiled Transcript. Proceedings: 11/4/02, 1/6/03 and 2/3/03. Court Reporter: Sheldon L. Hensley. 03-03150
03/14/2003MotionFiled Motion for Excess Pages. Motion for Fast Track Statement in Excess of Ten Pages. (25 pages) 03-04328
03/26/2003Order/ProceduralFiled Order Granting Motion. filed March 14, 2003. The clerk of this court shall file appellant's fast track statement and appendix. 03-05082
03/26/2003Fast Track BriefFiled Fast Track Statement. 03-04329
03/26/2003AppendixFiled Appendix to Fast Track Statement. 03-04330
04/16/2003Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due: April 22, 2003. 03-06456
04/24/2003MotionFiled Motion and Order/Excess Pages. Respondent's Motion for Fast Track Response in Excess of Ten Pages. Granted: 12 pages. 03-06986
04/24/2003Fast Track BriefFiled Fast Track Response. 03-06988
04/24/2003AppendixFiled Appendix to Fast Track Response. 03-06989
07/24/2003MotionFiled Motion. Motion to Amend Fast Track Statement to Include Recent Case. 03-12563
08/25/2003Order/ProceduralFiled Order/Full Briefing. This court has concluded that full briefing of this appeal is warranted. fn1[If a party's brief will cite to documents not previously filed in this court, that party must file and serve an appropriately documented supplemental appendix with the brief.] Appellant shall have 40 days from the date of this order to file and serve the opening brief. fn2[In the absence of an objection to the sufficiency of the rough draft transcripts, counsel need not file a certified transcript in this appeal as ordinarily required by NRAP 9. But should either counsel object to the sufficiency of the rough draft transcript or cite to transcripts not previously prepared, counsel shall file and serve a request for the necessary transcripts pursuant to NRAP 9(a).] Thereafter, briefing shall proceed as set forth in NRAP 31. fn3[On July 24, 2003, counsel for appellant filed a motion to amend the fast track statement. In light of this order directing full briefing, the motion is denied, as moot.] 03-14235
09/11/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: May 15, 2001. To Court Reporter: Sheldon Hensley. 03-15247
10/03/2003BriefFiled Opening Brief. 03-16494
11/17/2003MotionFiled Motion. Nevada Attorneys for Criminal Justice. 03-19093
11/17/2003BriefReceived Amicus Brief. Mailed on 11/14/03. 03-19095
11/24/2003Order/ProceduralFiled Order. To date, respondent has failed to file the answering brief. Respondent shall, within 10 days from the date of this order, file and serve the answering brief. Appellant may file a reply brief, if deemed necessary, within 30 days from service of the answering brief. 03-19521
11/25/2003Order/ProceduralFiled Order. Regarding Transcript. Court Reporter Sheldon Hensley shall have 20 days form the date of this order to prepare and file the requested transcript for proceedings held on May 15, 2001. If more time is needed to complete the preparation of the transcript, Mr. Hensley shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Mr. Hensley shall notify this court, in writing, of this fact. 03-19654
12/08/2003BriefFiled Answering Brief. Respondent's Answering Brief. 03-20396
12/08/2003AppendixFiled Appendix to Answering Brief. 03-20399
12/19/2003TranscriptFiled Transcript. Proceedings: 5/15/01. Court Reporter: Sheldon Hensley. 03-21166
01/16/2004Case Status Update Submitted for Decision. No reply brief filed.
01/21/2004MotionFiled Motion to Extend Time. 04-01273
02/02/2004Order/ProceduralFiled Order. filing Briefs. On January 20, 2004, appellant filed an untimely motion for an extension of time to file the reply brief. Cause appearing, we grant the motion. The clerk of this court shall file the reply brief received on January 20, 2004. The Nevada Attorneys for Criminal Justice ('NACJ') has filed a motion for leave to appear as amicus curiae in support of appellant. See NRAP 29. The motion is unopposed. Based on a cursory review of the proposed amicus brief, we conclude that the amicus brief may assist this court when resolving this appeal. Accordingly, we grant NACJ's unopposed motion. The clerk of this court shall file the amicus brief received on November 17, 2003. Respondent shall have 30 days from the date of this order to file and serve an answering brief to NACJ's amicus brief. See NRAP 29. 04-02082
02/02/2004BriefFiled Reply Brief. 04-01125
02/02/2004BriefFiled Amicus Brief. Nevada Attorneys for Criminal Justice. 03-19095
04/05/2004MotionReceived Proper Person Motion. Ex-Parte Motion for Discovery of Brief filed by Ex-Parte Nevada Attorneys for Criminal Justice on November 17, 2003. 04-06233
05/12/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 9, 2004, at 11:00 a.m. (NNP04-NB/DA/MG)
05/25/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
06/08/2004Order/ProceduralFiled Order Denying Motion. Appellant has submitted a proper person motion for a copy of the amicus brief filed in this appeal. We note that appellant is represented by counsel and has not been granted leave to file documents in proper person. See NRAP 46(b). Nevertheless, because we elect to resolve the motion on its merits, we direct the clerk of this court to file the motion received on April 5, 2004. However, we decline to grant appellant permission to file additional documents in proper person. We note that neither the amicus party, respondent, nor counsel is required to serve appellant with a copy of the amicus brief. See NRAP 25(b). Accordingly, no good cause appearing, we deny the motion. The clerk shall return, unfiled, any future proper person documents submitted for filing. 04-10603
06/08/2004MotionFiled Proper Person Motion. Ex-Parte Motion for Discovery of Brief filed by Ex-Parte Nevada Attorneys for Criminal Justice on November 17, 2003. 04-06233
06/09/2004Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP04-NB/DA/MG
12/29/2004Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before Becker, Agosti and Gibbons, JJ. Author: Agosti, J. We concur: Becker and Gibbons, JJ. 120 Nev. Adv. Opn. No. 101. NNP04 04-23600
01/25/2005RemittiturIssued Remittitur. 05-00933
01/25/2005Case Status Update Remittitur Issued/Case Closed.
01/31/2005Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Correction on page 17 and page 23 of the original opinion filed December 29, 2004.
03/04/2005RemittiturFiled Remittitur. Received by County Clerk on January 28, 2005. 05-00933