Docket Entries |
Date | Type | Description | Pending? | Document |
11/20/2003 | Filing Fee | Filing Fee Waived. | | |
11/20/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 03-19402 |
12/17/2003 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Record due in District Court Case No. 0201286A: 120 days. fn2[See NRAP 11(a)(2) (providing that the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.)] The record shall not include any exhibits filed in the district court. | | 03-20992 |
04/06/2004 | Record on Appeal Documents | Filed Record on Appeal Copy. | | 04-06296 |
04/06/2004 | Case Status Update | Submitted for Decision. | | |
05/05/2004 | Motion | Received Proper Person Motion. Motion for Leave to Appear in Proper Person. | | 04-08271 |
05/05/2004 | Notice/Incoming | Received Proper Person Notice. Notice to the Court of Facts and Authorities Relevant to Issues on Appeal. | | 04-08273 |
07/06/2005 | Order/Procedural | Filed Order. Appellant has submitted several requests to this court regarding these appeals. First, in each of these appeals, appellant requests leave to proceed in proper person under NRAP 46(b). fn2-[The clerk of this court shall file appellant's motions for leave to proceed (or "appeal" or "appear") in proper person, received in this court on October 16, 2003 and January 21, 2004 in Docket No. 41832; on May 5, 2005 in Docket No. 42387; and on January 21, 2004 in Docket Nos. 42497, 42498, 42499, and 42500.] Appellant's request is granted for the limited purpose of filing the following documents, only: (1) Appellant's January 21, 2004 motion to consolidate certain appeals, submitted in Docket Nos. 41832, 42497, 42498, 42499, 42500; (2) Appellant's January 13, 2005 'motion to prohibit parole hearing,' submitted in Docket Nos. 41832, 42387, 42497, 42498, 42499, 42500; (3) Appellant's November 6, 2003 'motion for remand to the district court for evidentiary hearing,' submitted in Docket No. 41832; (4) Appellant's March 31, 2004 'motion for appointment of counsel,' submitted in Docket No. 42498; (5) Appellant's 'notices' to the court of various information, points and authorities, submitted in Docket No. 41832 on October 16, 2003, in Docket No. 42387 on May 5, 2004, in Docket No. 42498 on March 31, 2004, and in Docket Nos. 42497, 42499, and 42500 on April 22, 2004. With regard to these 'notices,' we note that this court may not consider matters outside of the record on appeal. To the extent that appellant has included in or attached information to these notices that is not part of the record on appeal, we will not consider it. Second, appellant moves this court to consolidate his appeals in Docket Nos. 41832, 42497, 42498, 42499, and 42500. No party has filed an opposition. Although the underlying district court actions are slightly different, these appeals present substantially similar factual and legal issues. Accordingly, we conclude that consolidation is warranted, and we consolidate the aforementioned appeals. fn4-[The clerk shall file each of the above-mentioned motions and notices.] Third, we elect to treat appellant's 'notices,' to each of which appellant has attached certifications of service, as proper person briefs. Respondents shall have forty-five days from the date of this order in which to file an answering brief in response to appellant's briefs, as well as to the arguments raised or expanded upon in appellant's November 6 motion to remand this matter. Finally, we deny appellant's January 13 motion to 'prohibit' or stay a July 2005 parole hearing, November 6 motion to remand for an evidentiary hearing, and March 31 motion for appointment of counsel. Nos. 41832/42387/42497/42498/42499/42500. | | 05-13382 |
07/06/2005 | Motion | Filed Proper Person Motion. Motion for Leave to Appear in Proper Person | | 04-08271 |
07/06/2005 | Other Incoming Document | Filed Proper Person Document. Notice to the Court of Relevant United States Supreme Court and District Court Decisions Regarding Right to Apply for Acts of Grace. | | 04-08272 |
07/06/2005 | Other Incoming Document | Filed Proper Person Document. Notice to the Court of Facts and Authorities Relevant to Issues on Appeal. | | 04-08273 |
07/06/2005 | Motion | Filed Proper Person Motion. Motion to Prohibit Parole Hearing. | | 05-00796 |
08/22/2005 | Brief | Filed Answering Brief. | | 05-16659 |
08/22/2005 | Appendix | Filed Appendix to Answering Brief. | | 05-16660 |
09/08/2005 | Brief | Received Proper Person Brief. Appellants' Reply Brief.
03/31/06 Order: filed brief.jcr | | 05-17824 |
03/31/2006 | Order/Procedural | Filed Order. Regarding Proper Person Reply Brief and "Notice". We grant appellant leave for filing the above documents, only. fn2[We direct the clerk to file appellant's reply brief, provisionally received in this court on September 8, 2005, and his notice, provisionally received in this court on November 23, 2005.] With regard to appellant's November 23 'notice regarding the Board of Parole Commissioners' open meeting law obligations, appellant's unopposed request is granted. Appellant's additional request that this court direct the Attorney General's Office to provide additional analysis or explanation regarding 'OMLO 2004-20' or the judicial nature of the Board of Parole Commissioners is denied. | | 06-06882 |
03/31/2006 | Brief | Filed Proper Person Brief. Appellants' Reply Brief. | | 05-17824 |
03/31/2006 | Other Incoming Document | Filed Proper Person Document. Notice of Attorney General Opinion that Parole Commission Acts as an Arm of the Court. | | 05-23171 |
03/31/2006 | Case Status Update | Resubmitted for Decision. | | |
06/29/2006 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. | | 06-13433 |
06/29/2006 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP06-MD/NB/RP | | |
11/21/2006 | Notice/Incoming | Filed Substitution of Attorneys. John Witherow, in pro per, hereby substitutes Donald York Evans, Esq. as his counsel of record in place and stead of himself. Issued Notice to Provide Proof of Service. | | 06-23940 |
12/19/2006 | Order/Procedural | Filed Order. to file Proof of Service. We direct appellant to file proof of service of the "Substitution of Attorney" filed on November 21, 2006, within 7 days of the date of this order. We caution appellant's counsel that failure to comply with this order may result in the imposition of sanctions. | | 06-25955 |
12/22/2006 | Notice/Incoming | Filed Proof of Service. Affidavit of Mailing. | | 06-26252 |
01/22/2007 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on March 6, 2007, at 10:30 a.m. (En Banc) | | |
02/16/2007 | Brief | Filed Supplemental Authorities. | | 07-03923 |
02/20/2007 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | 07-04029 |
03/06/2007 | Case Status Update | Submitted for Decision. To the En Banc Court. | | |
09/20/2007 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Douglas, Michael L.. Majority: Douglas/Gibbons/Parraguirre/Cherry/Saitta. Concur/Dissent: Hardesty/Maupin. 123 Nev. Adv. Opn. No. 33. EN BANC. | | 07-20736 |
10/10/2007 | Post-Judgment Petition | Filed Petition for Rehearing. | | 07-22380 |
10/31/2007 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). | | 07-23943 |
11/28/2007 | Remittitur | Issued Remittitur. | | 07-25121 |
11/28/2007 | Case Status Update | Remittitur Issued/Case Closed. | | |
12/06/2007 | Remittitur | Filed Remittitur. Received by County Clerk on November 30, 2007. | | 07-25121 |
01/23/2008 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed January 10, 2008 and placed on the docket as Case No. 07-8831. | | 08-01699 |
03/26/2008 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. | | 08-07457 |