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United States Court Cases

Nevada Supreme/Appellate Court Record

NIKA (AVRAM) VS. STATE (DEATH PENALTY-P/C)

Case Information: 46586
Short Caption:NIKA (AVRAM) VS. STATE (DEATH PENALTY-P/C)Court:Supreme Court
Related Case(s): 40238 , 59776
Lower Court Case(s):Washoe Co. - Second Judicial District - CR942264Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:09/03/2008 at 10:00 AMOral Argument Location:Carson City
Submission Date:09/03/2008How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/13/2006Filing Fee Filing Fee Waived.
01/13/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 06-01005
01/23/2006Docketing StatementFiled Docketing Statement. 06-01581
02/14/2006Notice/OutgoingIssued Notice to Request Transcripts.
02/21/2006Transcript RequestFiled Certificate of No Transcript Request. 06-03796
05/10/2006MotionFiled Motion to Extend Time. (60 days requested) 06-09773
05/17/2006Order/ProceduralFiled Order Granting Motion. filed May 10, 2006. Opening Brief due July 14, 2006. 06-10416
05/24/2006MotionFiled Motion. Motion for Permission to Utilize Previously Filed Appendix in Case No. 40238 and File Supplemental Appendix with Opening Brief. 06-10873
07/13/2006MotionFiled Motion to Extend Time. 06-14579
07/31/2006Order/ProceduralFiled Order. Appellant has filed a motion for permission to utilize an appendix that was previously filed in a separate appeal in No. 40238. As this court no longer possesses a copy of the appendix, we deny appellant's motion for permission to utilize that appendix in the instant case. Opening brief and appendix due: 45 days. No further extensions of time shall be permitted absent demonstration of extraordinary circumstances and extreme need. 06-15841
09/14/2006MotionFiled Motion for Excess Pages. Motion for Leave to File Oversized Brief. 06-19024
09/27/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the 79-page opening brief received on September 14, 2006, and the appendix received on September 15, 2006. Answering brief due: 30 days. 06-19803
09/27/2006BriefFiled Opening Brief. 06-19025
09/27/2006AppendixFiled Appendix to Opening Brief. Volumes 1 through 17 (Volume 17--SEALED). 06-19122
10/30/2006MotionFiled Stipulation and Order. Brief due: 11/29/06. 06-22114
11/30/2006MotionFiled Motion to Extend Time. 06-24509
12/04/2006Order/ProceduralFiled Order Granting Motion. Answering brief due: January 29, 2007. 06-24678
01/30/2007MotionFiled Motion for Excess Pages. Motion for Leave of Court to File Brief in Excess of Thirty Pages. 07-02372
02/05/2007Order/ProceduralFiled Order Granting Motion. The clerk shall file the 52-page answering brief received on January 30, 2007. Reply brief due: 30 days. 07-02809
02/05/2007BriefFiled Answering Brief. 07-02380
03/05/2007MotionFiled Motion to Extend Time. (First Request). 07-05208
03/19/2007Order/ProceduralFiled Order Granting Motion. Reply brief due: April 6, 2007. 07-06284
04/06/2007MotionFiled Motion to Extend Time. Second Request. 07-07765
04/16/2007MotionFiled Motion for Excess Pages. (Reply Brief). 07-08557
04/20/2007Order/ProceduralFiled Order Granting Motion. Appellant has filed a motion requesting permission to file an oversize reply brief and a motion requesting a second extension of time to file the reply brief. Cause appearing, we grant the motions. The clerk shall file the 33-page reply brief received on April 16, 2007. 07-08857
04/20/2007BriefFiled Reply Brief. 07-08559
04/20/2007Case Status Update Submitted for Decision.
09/19/2007BriefFiled Supplemental Authorities. Appellant's First Supplemental Authorities. 07-20642
02/25/2008Order/ProceduralFiled Order. Directing Supplemental Briefing and Inviting Participation of Amicus Curiae. Nika shall have 20 days from the date of this order within which to file and serve a supplemental brief addressing the potential application of the decision in Polk to this case. We have further determined that briefing by amicus curiae may be helpful in resolving the issue of Polk's potential application in this case. Nevada Attorneys for Criminal Justice and the Office of the Attorney General are hereby invited to participate as amicus curiae in this appeal and to file briefs. Should these organizations elect to participate as amicus curiae, they shall file and serve amicus briefs within 45 days from the date of this order. 08-04582
03/18/2008MotionFiled Motion to Extend Time. Motion for Extension of Time to File Supplemental Brief and for Leave to File One (1) Day Late (Appellant Nika). 08-06758
03/27/2008Order/ProceduralFiled Order. The clerk shall file the supplemental brief received on March 25, 2008. Respondent shall have 20 days from the date of this order to file and serve a supplemental brief in response. Appellant shall then have 15 days from the date of service of respondent's supplemental response within which to file and serve a supplemental reply. 08-07585
03/27/2008BriefFiled Supplemental Brief. Nika's Supplemental Brief. 08-07342
04/09/2008BriefFiled Supplemental Brief. Respondent's. 08-08830
04/11/2008MotionFiled Motion to Extend Time. To file Invited Amicus Curiae brief. Attorney General's office-Schulze. 08-09020
04/14/2008MotionFiled Motion to Extend Time. Amicus Curiae brief for NACJ. 08-09249
04/23/2008MotionFiled Motion to Extend Time. Supplemental. 08-10106
04/23/2008BriefReceived Amicus Brief. Brief of Amicus Curiae Attorney General of Nevada. 08-10172
04/29/2008MotionFiled Motion. Motion for Leave to Submit Brief as Amicus Curiae in Support of Petitioner. 08-10607
04/30/2008Order/ProceduralFiled Order. Granting Motions. Appellant has filed a motion for an extension of time to file the supplemental reply brief. The motion is granted. The clerk shall file the supplemental reply brief received on April 29, 2008. The Office of the Attorney General and Nevada Attorneys for Criminal Justice (NACJ) have filed motions requesting extensions of time to file their amicus curiae briefs. We grant the motions. The clerk of this court shall file the amicus brief of the Office of the Attorney General, received on April 23, 2008. The Federal Public Defender for the District of Nevada (FPD) has filed a motion to file a brief of amicus curiae. The motion is granted. The clerk of this court shall file the combined amicus brief of NACJ and the FPD, received on April 29, 2008. 08-10769
04/30/2008BriefFiled Reply Brief. Appellant's Supplemental Reply Brief. 08-10671
04/30/2008BriefFiled Amicus Brief. In support of Appellant (submitted by the Federal Public Defender). 08-10608
04/30/2008BriefFiled Amicus Brief. (submitted by the Attorney General). (STRICKEN PER ORDER 05/14/08). 08-10172
05/02/2008BriefReceived Amicus Brief. Supplemental Brief of Amicus Curiae Attorney General of Nevada. (FILED PER ORDER 05/14/08). 08-11240
05/06/2008MotionFiled Motion. of Amicus Curiae Attorney General of Nevada to File Supplemental Brief to Correct Illegibilty of Submitted Brief. 08-11239
05/14/2008Order/ProceduralFiled Order. . The clerk of this court shall strike the Attorney General's amicus brief previously filed on April 30, 2008, and file in its place the Attorney General's supplemental amicus brief received on May 2, 2008. 08-12089
05/14/2008BriefFiled Amicus Brief. Supplemental Brief of Amicus Curiae Attorney General of Nevada. 08-11240
07/14/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on September 3, 2008 at 10:00 a.m. (En Banc) 08-18050
08/18/2008Notice/OutgoingIssued Oral Argument Reminder Notice. 08-21221
08/29/2008MotionFiled Motion. Request for Court to Take Judicial Notice of Instructions and Verdict Entered in Remand of State v. Polk, Eight Judicial District Court Case C157260. 08-22383
09/03/2008Case Status Update Submitted for Decision. Before the En Banc Court.
09/08/2008Order/ProceduralFiled Order Granting Motion. to take judicial notice. 08-23019
10/21/2008MotionFiled Motion. Motion for Leave to File Supplemental Authority with Supplemental Authority. 08-27066
11/12/2008Order/ProceduralFiled Order Granting Motion. to Submit Supplemental Authority. Appellant asks this court to take into consideration the recent decision in Osagiede v. United States. The motion is unopposed and we grant it. 08-28760
12/23/2008MotionFiled Motion. Motion for Leave to File Supplemental Authority with Supplemental Authority. 08-32520
12/31/2008Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Hardesty, James W. Majority: Hardesty/Maupin/Gibbons/Parraguirre/Douglas. Concur/Dissent: Cherry/Saitta. 124 Nev. Adv. Opn. No. 103. EN BANC. 08-32978
01/12/2009Order/ProceduralFiled Order. Denying Motion. Appellant has filed a motion for leave to file supplemental authority. Considering our decision in this case, we deny the motion. 09-00771
01/15/2009MotionFiled Motion to Extend Time. 09-01257
01/16/2009Order/ProceduralFiled Order Granting Motion. Appellant: 14 days to file a petition for rehearing. 09-01428
02/02/2009MotionFiled Motion for Excess Pages. Request for Permission to File Petition for Rehearing in Excess of Ten Pages. 09-02901
02/02/2009Post-Judgment PetitionReceived Petition for Rehearing. Nika's Petition for Rehearing. FILED PER ORDER OF 2/5/09. 09-02902
02/05/2009Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the petition for rehearing received in this court on February 2, 2009. 09-03207
02/05/2009Post-Judgment PetitionFiled Petition for Rehearing. Nika's Petition for Rehearing. 09-02902
03/17/2009Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." Fn1 [The Honorable Kristina Pickering, Justice, did not participate in the decision in this matter.] NRAP 40(c). 09-06826
03/19/2009MotionFiled Motion. For Order Staying Issuance of Remittitur. 09-07009
03/27/2009Order/ProceduralFiled Order. Granting Motion for Stay of Remittitur. 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 and stay issuance of the remittitur until Friday, June 26, 2009. See NRAP 41(b). If the clerk of this court receives written notice by June 26, 2009, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by June 26, 2009, the remittitur shall issue on Monday, June 29, 2009. 09-07792
05/20/2009Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. An extension of time has been granted to and including August 11, 2009 to file a petition for a writ of certiorari. 09-12493
05/22/2009Order/ProceduralFiled Order. Extending Stay of Issuance of Remittitur. If the clerk of this court receives written notice by August 31, 2009, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by August 31, 2009, the remittitur shall issue on that date. 09-12821
08/24/2009Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed on August 11,2009 and placed on the docket as Case No. 09-5928. 09-20511
10/20/2009Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 09-25627
11/02/2009RemittiturIssued Remittitur. 09-26721
11/02/2009Case Status Update Remittitur Issued/Case Closed.
11/12/2009RemittiturFiled Remittitur. Received by County Clerk on November 4, 2009. 09-26721