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United States Court Cases

Nevada Supreme/Appellate Court Record

PEREZ-MARQUEZ (OSCAR) VS. STATE

Case Information: 42561
Short Caption:PEREZ-MARQUEZ (OSCAR) VS. STATECourt:Supreme Court
Related Case(s): 47691 , 80820 , 80820-COA
Lower Court Case(s):Nye Co. - Fifth Judicial District - CR4105Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:06/08/2005 at 11:30 AMOral Argument Location:Carson City
Submission Date:06/08/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/30/2003Filing Fee Filing Fee Waived.
12/30/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 03-21617
01/15/2004Docketing StatementFiled Docketing Statement. 04-00896
01/15/2004Transcript RequestFiled Request for Transcript of Proceedings. Proceedings: 08/05/03, 09/09/03, 09/15/03, 09/16/03, 09/17/03, 09/18/03, 09/19/03, 09/22/03, 09/24/03, 09/25/03, 10/01/03, and 12/08/03. Court Reporter: Dan Minjares, Randi Walker, and Jeanie Wright. 04-00897
01/28/2004TranscriptFiled Transcript. Proceedings: 09/22/03 and 10/01/03. Court Reporter: Jeanie Wright. 04-01830
02/05/2004TranscriptFiled Transcript. Proceedings: August 5, 2003, September 9, 2003-2:25 P.M., September 9, 2003-2:27 P.M., December 8, 2003-10:08 A.M., December 8, 2003-10:20 A.M. Court Reporter: Danile G. Minjares. 04-02329
02/06/2004TranscriptFiled Transcript. Proceedings: September 15, 2003, September 16, 2003, September 17, 2003, September 18, 2003 and September 19, 2003. Court Reporter: Randi Lee Walker. 04-02412
02/17/2004TranscriptFiled Transcript. Proceedings: 09/24/03. Court Reporter: Daniel G. Minjares. 04-02987
04/16/2004Order/ProceduralFiled Order. to date, the September 25, 2003, transcript has not been filed with this court. Our review of the district court minutes indicates that the jury's verdict was read on September 25, 2003. The minutes further indicate that 'the Verdict portion of the Trial was recorded as no Court Reporter was available.' Accordingly, we conclude that Mr. Minjares, Ms. Walker, and Ms. Wright are not obligated to prepare and file a transcript for proceedings conducted on September 25, 2003. If this court's review of proceedings conducted on September 25, 2003, is necessary for resolution of this appeal, then appellant shall prepare a statement of the evidence or proceedings in compliance with NRAP 9(d). 04-06990
04/27/2004MotionFiled Stipulation and Order. Brief due: May 28, 2004. 04-07701
06/01/2004MotionFiled Motion to Extend Time. 04-09952
06/07/2004Order/ProceduralFiled Order Granting Motion. filed June 1, 2004. Appellant shall have until June 28, 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. 04-10446
06/28/2004MotionFiled Motion for Excess Pages. Motion to Allow Appellant to File an Opening Brief in Excess of 30 Pages. 04-11780
07/06/2004Notice/IncomingFiled Notice. David M. Schieck, attorney for appellant, is now the Clark County Special Defender and has been granted approval to retain his appointment as attorney of record in this matter. 04-12302
07/12/2004Order/ProceduralFiled Order Granting Motion. filed June 28, 2004. The clerk shall file the 67-page opening brief and appendix received on June 28, 2004. 04-12603
07/12/2004BriefFiled Opening Brief. 04-11783
07/12/2004AppendixFiled Appendix to Opening Brief. 04-11784
08/12/2004MotionFiled Motion for Excess Pages. Motion for Court's Permission to Submit Respondent's Opening Brief in Excess of Thirty Page. 04-14662
08/17/2004Order/ProceduralFiled Order Granting Motion. filed August 12, 2004. The clerk of this court shall file the 86-page answering brief provisionally submitted to this court with the motion on August 12, 2004. 04-14819
08/17/2004BriefFiled Answering Brief. 04-14663
08/17/2004AppendixFiled Appendix to Answering Brief. 04-14664
09/20/2004MotionFiled Stipulation and Order. Brief due: October 18, 2004. 04-17421
10/20/2004MotionFiled Motion to Extend Time. 04-19379
11/01/2004Order/ProceduralFiled Order Granting Motion. filed October 20, 2004. Appellant shall have until November 17, 2004, to file and serve the reply brief. 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. Failure to file a timely reply brief may be treated as a waiver of the right to file a reply brief. 04-20096
11/19/2004BriefFiled Reply Brief. 04-21362
04/20/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on June 8, 2005, at 11:30 a.m. (NNP05-WM/MD/RP)
05/24/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
06/08/2005Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP05--WM/MD/RP
09/08/2005Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." NNP05-WM/MD/RP 05-17788
09/28/2005Post-Judgment PetitionFiled Petition for Rehearing. 05-19200
10/10/2005Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP05-WM/MD/RP 05-19921
10/24/2005Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 05-21073
10/24/2005AppendixFiled Appendix. 05-21074
11/02/2005Notice/IncomingFiled Errata. Errata in Petittion for En Banc Reconsideration. 05-21606
11/04/2005RemittiturIssued Remittitur. 05-20107
11/04/2005Case Status Update Remittitur Issued/Case Closed.
11/28/2005RemittiturFiled Remittitur. Received by County Clerk on November 7, 2005. 05-20107
12/08/2005Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC 05-24027