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United States Court Cases

Nevada Supreme/Appellate Court Record

WITHEROW VS. STATE, BD. OF PAROLE COMM'RS

Case Information: 42387
Short Caption:WITHEROW VS. STATE, BD. OF PAROLE COMM'RSCourt:Supreme Court
Lower Court Case(s):Carson City - First Judicial District - 0201286AClassification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:03/06/2007 at 10:30 AMOral Argument Location:Carson City
Submission Date:03/06/2007How Submitted:After Oral Argument
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+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/20/2003Filing Fee Filing Fee Waived.
11/20/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 03-19402
12/17/2003Order/ProceduralFiled 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
04/06/2004Record on Appeal DocumentsFiled Record on Appeal Copy. 04-06296
04/06/2004Case Status Update Submitted for Decision.
05/05/2004MotionReceived Proper Person Motion. Motion for Leave to Appear in Proper Person. 04-08271
05/05/2004Notice/IncomingReceived Proper Person Notice. Notice to the Court of Facts and Authorities Relevant to Issues on Appeal. 04-08273
07/06/2005Order/ProceduralFiled 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
07/06/2005MotionFiled Proper Person Motion. Motion for Leave to Appear in Proper Person 04-08271
07/06/2005Other Incoming DocumentFiled 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
07/06/2005Other Incoming DocumentFiled Proper Person Document. Notice to the Court of Facts and Authorities Relevant to Issues on Appeal. 04-08273
07/06/2005MotionFiled Proper Person Motion. Motion to Prohibit Parole Hearing. 05-00796
08/22/2005BriefFiled Answering Brief. 05-16659
08/22/2005AppendixFiled Appendix to Answering Brief. 05-16660
09/08/2005BriefReceived Proper Person Brief. Appellants' Reply Brief. 03/31/06 Order: filed brief.jcr 05-17824
03/31/2006Order/ProceduralFiled 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
03/31/2006BriefFiled Proper Person Brief. Appellants' Reply Brief. 05-17824
03/31/2006Other Incoming DocumentFiled Proper Person Document. Notice of Attorney General Opinion that Parole Commission Acts as an Arm of the Court. 05-23171
03/31/2006Case Status Update Resubmitted for Decision.
06/29/2006Order/ProceduralFiled 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
06/29/2006Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06-MD/NB/RP
11/21/2006Notice/IncomingFiled 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
12/19/2006Order/ProceduralFiled 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
12/22/2006Notice/IncomingFiled Proof of Service. Affidavit of Mailing. 06-26252
01/22/2007Notice/OutgoingIssued 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)
02/16/2007BriefFiled Supplemental Authorities. 07-03923
02/20/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-04029
03/06/2007Case Status Update Submitted for Decision. To the En Banc Court.
09/20/2007Opinion/DispositionalFiled 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
10/10/2007Post-Judgment PetitionFiled Petition for Rehearing. 07-22380
10/31/2007Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 07-23943
11/28/2007RemittiturIssued Remittitur. 07-25121
11/28/2007Case Status Update Remittitur Issued/Case Closed.
12/06/2007RemittiturFiled Remittitur. Received by County Clerk on November 30, 2007. 07-25121
01/23/2008Notice/IncomingFiled 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
03/26/2008Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 08-07457