| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 12/02/2003 | Filing Fee | Filing Fee Waived. | | |
| 12/02/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 03-20009
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| 12/02/2003 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 12/11/2003 | Docketing Statement | Filed Docketing Statement. | | 03-20627
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| 12/12/2003 | Notice/Outgoing | Issued Notice to Transmit Required Document. Judgment of Conviction filed on 11/24/03. Due Date: 10 days | | |
| 12/19/2003 | Notice of Appeal Documents | Filed District Court Order/Judgment. Certified copy of Judgment of Conviction filed on 11/24/03. | | 03-21157
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| 02/09/2004 | Order/Procedural | Filed Order. to file Case Appeal Statement and to Comply with NRAP 9(a). To date, appellant has failed to comply with this court's notice of December 2, 2003. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement. Appellant has also failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within 10 days from the date of this order, file and serve the required documents. Failure to comply timely with this order may result in the imposition of sanctions, including dismissal of this appeal. See NRAP 9(a)(3). | | 04-02434
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| 02/23/2004 | Motion | Filed Motion to Extend Time. Motion for Enlargement of Time to file Transcripts. | | 04-03444
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| 02/23/2004 | Notice of Appeal Documents | Filed Case Appeal Statement. Certified copy filed in district court on February 18, 2004. | | 04-03446
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| 02/25/2004 | Transcript | Filed Transcript. Proceedings: 9/8/03 and 9/9/03. Court Reporter: Maureen Schorn. | | 04-03625
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| 03/18/2004 | Order/Procedural | Filed Order. to Comply with NRAP 9(a) and Denying Motion for Extension of Time as Moot. To date, appellant has failed to file a transcript request form in this court in compliance with NRAP 9(a). Accordingly, appellant shall, within 10 days from the date of this order, prepare, file and serve a transcript request form containing the specific dates of the proceedings to be transcribed, the portions of the transcript requested and the number of copies required. This form shall be served on the court reporter who recorded the proceedings and on opposing counsel. The court reporter shall have 30 days from service of the transcript request form to file and deliver the transcripts in compliance with NRAP 9(b). We deny, as moot, appellant's motion for an extension of time. | | 04-05127
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| 03/30/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: All proceedings including Motions, Trial transcript and Sentencing in Case D171837 and C171838. To Court Reporter: Dept. 15. | | 04-05917
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| 04/16/2004 | Order/Procedural | Filed Order. to File Amended Transcript Request Form. On March 30, 2004, appellant filed a 'Request for Transcript of Proceedings.' The transcript request form is deficient. Specifically, the transcript request form does not specify the dates of proceedings for which transcripts are requested and does not specify from whom the transcript was ordered. See NRAP 9(a)(1). Appellant shall have 10 days from the date of this order to file and serve an amended transcript request form that complies with NRAP 9(a). | | 04-06989
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| 04/16/2004 | Motion | Filed Motion to Extend Time. Motion for Enlargement of Time to file Appellant's Opening Brief. (first request-120 days requested) | | 04-07018
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| 04/26/2004 | Order/Procedural | Filed Order Granting Motion. filed April 16, 2004. Appellant shall have until August 16, 2004, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 04-07594
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| 04/27/2004 | Transcript Request | Filed Request for Transcript of Proceedings. (Amended) Transcripts requested: All proceedings in Justice Court, Dept. 6; Any proceedings on record before or after 12/1/00; 12/19/00; 7/10/01; 3/08/02; 05/29/02; 07/29/02; 10/02/02; 03/05/02; 07/22/02; 05/21/02; 08/28/02; 05/01/02; 05/08/02; 05/13/02; 09/04/02; 09/18/02; 08/26/03 (2); 08/29/03; 08/08/03; 08/19/03; 09/03/03; 09/15/03; 09/16/03 (4); and 11/24/03. (all listed are dates filed) To Court Reporters: Court Reporter, Justice Court, Dept. 6; Jasper, Justice Court, Dept. 6; E.J.D.C., Dept. 14. | | 04-07719
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| 08/11/2004 | Motion | Filed Motion to Extend Time. | | 04-14532
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| 08/12/2004 | Transcript | Filed Rough Draft Transcript of Proceedings. Proceedings: 9/15/03. Court Reporter: Joseph D'Amato. | | 04-14633
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| 09/28/2004 | Order/Procedural | Filed Order. to file Amended Transcript Request Form and Granting Motion for Extension of Time. On April 27, 2004, appellant filed an amended transcript request form that is again deficient. fn1[A copy of the amended transcript request form is attached to this order.] Appellant has again failed to identify the court reporter from whom each transcript has been requested. Moreover, we note that appellant has requested the preparation of several transcripts from proceedings conducted in justice court. If the requested transcripts for proceedings conducted in justice court were not filed and considered by the district court then this court will not consider them. Accordingly, this court will take no action on appellant's April 27, 2004, amended transcript request form. Appellant shall, within 10 days from the date of this order, file and serve a second amended transcript request form that complies with NRAP 9(a). Future failure to comply with the Nevada Rules of Appellate Procedure may result in the imposition of sanctions. On August 11, 2004, appellant filed a motion for a 60-day extension of time to file the opening brief. Despite appellant's unnecessary delay of this appeal this court is compelled to grant the unopposed motion in order to allow appellant the opportunity to fully brief the issues. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. On August 12, 2004, court reporter Joseph D'Amato filed a rough draft transcript for proceedings conducted on September 15, 2003. However, because this is a direct appeal from a life sentence it is not subject to NRAP 3C that allows rough draft transcripts. In the interest of judicial economy this court waives the requirement that the September 15, 2003, transcript be a certified copy unless either party files an objection within 10 days from the date of this order. The court reporters need take no further action on appellant's April 27, 2004, transcript request form and shall only file certified copies of transcripts after service of appellant's second amended transcript request form. | | 04-17967
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| 10/12/2004 | Motion | Filed Motion for Excess Pages. Motion for Leave to File 42 Page Brief. | | 04-18836
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| 10/25/2004 | Order/Procedural | Filed Order. We again direct appellant to file and serve a second amended transcript request form within 10 days from the date of this order. Failure to timely comply with this order may result in the imposition of sanctions. Appellant has moved for leave to file a brief in excess of 30 pages. Cause appearing, we grant the unopposed motion. The clerk shall file the 42-page opening brief and the appendix that were received on October 7, 2004. | | 04-19625
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| 10/25/2004 | Brief | Filed Opening Brief. | | 04-18610
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| 10/25/2004 | Appendix | Filed Appendix to Opening Brief. | | 04-18611
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| 11/02/2004 | Motion | Filed Stipulation and Order. Brief due: December 3, 2004. | | 04-20185
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| 11/08/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Second Amended Request. Transcripts requested: 12/19/00, 03/05/02, 05/21/02, 05/20/02, 09/10/03, 09/11/03, 09/12/03, 09/15/03, 02/25/03, 03/08/02, 05/10/02, 09/04/03, 09/04/02, 05/13/02, 09/08/03, 09/09/03, 09/16/03 (3), 11/18/03. To Court Reporter: J. D'Amato and M. Schorn. | | 04-20586
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| 12/07/2004 | Motion | Filed Motion to Extend Time. | | 04-22328
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| 12/10/2004 | Order/Procedural | Filed Order Granting Motion. filed December 7, 2004. Respondent shall have until January 3, 2005, to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 04-22544
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| 12/21/2004 | Transcript | Filed Transcript. Proceedings: 5/13/02; 9/4/03. Court Reporter: Maureen Schorn. | | 04-23220
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| 01/04/2005 | Motion | Filed Motion and Order/Excess Pages. Motion for Leave to File 43-Page Respondent's Answering Brief. Granted: 43 pages. | | 05-00191
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| 01/04/2005 | Brief | Filed Answering Brief. | | 05-00193
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| 01/04/2005 | Appendix | Filed Appendix to Answering Brief. | | 05-00200
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| 02/04/2005 | Other | Returned Unfiled Document. Appellant's Reply Brief. | | |
| 02/16/2005 | Brief | Filed Reply Brief. | | 05-03158
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| 04/11/2005 | Order/Procedural | Filed Order. On November 8, 2004, appellant filed a second amended transcript request form requesting court reporters Joseph D'Amato and Maureen Schorn to produce numerous transcripts. fn1[A copy of the second amended transcript request form is attached to this order.] fn2[A rough draft transcript of proceedings held on September 15, 2003, was filed in this court on August 12, 2004. This appeal will proceed with the rough draft transcript of proceedings held on September 15, 2003. All further transcripts filed in this appeal should be certified copies.] There were no proceedings on May 10, 2002. Mr. D'Amato and Ms. Schorn are therefore not obligated to prepare transcripts for that date. Mr. Mintun shall have 30 days from the date of this order to prepare and file a certified copy of the transcript of the December 19, 2000, proceeding. fn3[The transcripts of proceedings held on May 13, 2002, and September 4, 2003, were filed in this court on December 21, 2004.] Mr. D'Amato and Ms. Schorn shall have 20 days from the date of this order to prepare and file certified copies of the transcripts for the proceedings held on March 5, 2002, March 8, 2002, May 20, 2002, May 21, 2002, September 4, 2002, February 25, 2003, September 10, 2003, September 11, 2003, September 12, 2003, September 16, 2003, and November 18, 2003. | | 05-07009
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| 04/18/2005 | Order/Procedural | Filed Order. Regarding Proper Person Submission. On March 7, 2005, appellant submitted a proper person 'Motion for Leave to Proceed in Forma Pauperis.' Attached to the motion is a document entitled 'Writ of Mandamus.' We elect to construe and grant appellant's filing as a motion for leave to file documents in proper person. The clerk shall file the proper person motion received on March 7, 2005. We decline to grant appellant permission to file additional documents in proper person and direct the clerk to return, unfiled, any future proper person documents submitted to this court. Because appellant's writ of mandamus pertains to the briefing of this appeal and not to a matter that might warrant separate docketing, we elect to construe it as a motion instead of a writ of mandamus. We conclude that counsel's decision in this case to not address every issue in appellant's opening brief is entirely appropriate and we deny appellant's motion. | | 05-07447
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| 04/18/2005 | Motion | Filed Proper Person Motion. Motion for Leave to Proceed in Forma Pauperis. | | 05-04426
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| 04/18/2005 | Other | Returned Mail. Order filed 04/11/05 addressed to court reporters Robert Mintun and Joseph D'Amato remailed to same address. | | |
| 04/28/2005 | Transcript | Filed Transcript. Proceedings: 03/08/02; 09/04/02; 02/25/03; 09/04/03; 09/16/03; and 11/18/03. Court Reporter: Maureen Schorn. | | 05-08376
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| 07/25/2005 | Order/Procedural | Filed Order. to file Transcripts. Court Reporter Joseph D'Amato shall have 10 days from the date of this order to prepare and file the requested transcripts for proceedings conducted on March 5, 2002, May 20, 2002, May 21, 2002, September 10, 2003, September 11, 2003, and September 12, 2003. Court recorder Robert Mintun shall have 10 days from the dte of this order to prepare and file the requested transcript for proceedings conducted on December 19, 2005. If more time is needed, within the same time period, If more time is needed to complete the preparation of the transcripts, Mr. D'Amato and Mr. Mintun shall, within the same time period, file a motion requesting an extension of time. If the requested transcripts cannot be produced, Mr. D'Amato and Mr. Mintun shall notify this court, in writing, of this fact. Failure to timely comply with this order may result in the imposition of sanctions. | | 05-14633
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| 08/03/2005 | Transcript | Filed Transcript. Proceedings: May 21, 2002, September 10, 2003, September 11, 2003 and September 12, 2003. Court Reporter: Joseph D'Amato. | | 05-15387
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| 08/03/2005 | Motion | Filed Motion to Extend Time. | | 05-15388
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| 08/08/2005 | Transcript | Filed Transcript. Proceedings: December 19, 2000. Court Reporter: | | 05-15655
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| 08/15/2005 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed August 3, 2005. Mr. D'Amato shall have 10 days from the date of this order to file and serve the requested transcripts. | | 05-16071
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| 08/16/2005 | Transcript | Filed Transcript. Proceedings: 03/05/02 and 05/20/02. Court Reporter: Joseph D'Amato. | | 05-16195
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| 09/01/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 11, 2005, at 1:30 p.m. (SNP06-WM/MG/JH) | | |
| 09/26/2005 | Notice/Outgoing | Issued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on October 11, 2005, at 11:00 a.m. (SNP06-WM/MG/JH) | | |
| 10/11/2005 | Case Status Update | Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH | | |
| 03/23/2006 | Order/Dispositional | Filed Dispositional Order/Appeal. ". . . we ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART. We further REMAND this matter to the district court for a new sentencing hearing consistent with this order." SNP06-WM/MG/JH | | 06-06153
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| 04/18/2006 | Remittitur | Issued Remittitur. | | 06-07115
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| 04/18/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 05/05/2006 | Remittitur | Filed Remittitur. Received by County Clerk on April 21, 2006. | | 06-07115
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