| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 12/16/2003 | Filing Fee | Filing Fee Waived. | | |
| 12/16/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 03-20862
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| 01/09/2004 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Record due in District Court Case No. 0300321A : 120 days. fn 1--[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. | | 04-00561
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| 04/29/2004 | Record on Appeal Documents | Filed Record on Appeal Copy. | | 04-07885
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| 04/29/2004 | Case Status Update | Submitted for Decision. | | |
| 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. | | 05-13383
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| 07/06/2005 | Motion | Filed Proper Person Motion. Motion for Leave to Appear in Proper Person. | | 04-01255
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| 07/06/2005 | Motion | Filed Proper Person Motion. Motion to Consolidate Appeals. Nos. 41832/42497/42498/42499/42500. | | 04-01261
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| 07/06/2005 | Other Incoming Document | Filed Proper Person Document. Notice to the Court of Facts and Authorities Relevant to Issues on Appeal. | | 04-07465
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| 07/06/2005 | Motion | Filed Proper Person Motion. Motion to Prohibit Parole Hearing. | | 05-00798
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| 08/22/2005 | Motion | Filed Motion to Extend Time. (First Request). Nos. 41832/42497/42498/42499/42500 (05-16658). | | |
| 08/31/2005 | Order/Procedural | Filed Order Granting Motion. for an extension of time to file an Answering Brief. These are consolidated proper person appeals. Respondents shall have until September 22, 2005, to file and serve their answering brief. No further extensions will be granted absent extreme and unforeseeable circumstances. Nos. 41832/ 42497/ 42498/ 42499/ 42500. (05-17274) | | |
| 09/22/2005 | Brief | Filed Answering Brief. Nos. 41832/ 42497/ 42498/ 42499/ 42500 (05-18877). | | |
| 09/22/2005 | Appendix | Filed Appendix to Answering Brief. Vols. 1 and 2. Nos. 41832/ 42497/ 42498/ 42499/ 42500 (05-18878). | | |
| 10/04/2005 | Case Status Update | Briefing in Progress. | | |
| 10/27/2005 | Brief | Filed Proper Person Brief. Appellant's Reply Brief. Nos. 41832/42497/42498/42499/42500. (05-21269) | | |
| 10/27/2005 | Case Status Update | Briefing Completed. | | |
| 06/29/2006 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. These are consolidated cases. 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. Nos. 41832/ 42497/ 42498/ 42499/ 42500. (06-13422) | | |
| 06/29/2006 | Case Status Update | Submitted for Decision. To the Northern Nevada Panel. NNP06-MD/NB/RP. Nos. 41832/ 42497/ 42498/ 42499/ 42500. | | |
| 10/02/2006 | Order/Dispositional | Filed Dispositional Order/Appeal. These are consolidated proper person appeals. Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." NNP06-MD/NB/RP. Nos. 41832/42497/42498/42499/42500. | | 06-20129
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| 10/12/2006 | Other Incoming Document | Received Proper Person Document. Memorandum of Costs for Case Nos. 41832 and 42498 only. Nos. 41832/42497/42498/42499/42500. (06-210040) | | |
| 10/20/2006 | Post-Judgment Petition | Filed Petition for Rehearing. Respondent's Petition for Rehearing, or in the Alternative, Motion for Stay. Nos. 41832/42497/42498/42499/42500. (06-21690) | | |
| 10/24/2006 | Order/Procedural | Filed Order. Granting Stay. Having reviewed the Parole Board's petition, we have determined to stay the resolution of the rehearing petition pending our review and disposition of the appeal in Witherow vs. Nevada Board of Parole Commissioners, Docket No. 42387. Until the remittitur issues in this appeal, our order of October 2, 2006, is not a final judgment and thus this court retains exclusive jurisdiction over this matter to rehear or revise the judgment. Nos. 41832/42497/42498/42499/42500 [06-21880] | | |
| 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. Nos. 41832/42497/42498/42499/42500. (06-23942) | | |
| 11/30/2006 | Notice/Incoming | Filed Substitution of Attorneys. For substitution of Counsel. Nos. 41832/42497/42498/42499/42500 (06-24557). | | |
| 12/06/2006 | Order/Procedural | Filed Order. Directing Answer to Petition for Rehearing. Nos. 41832/42497/42498/42499/42500 (06-24968). | | |
| 12/15/2006 | Post-Judgment Petition | Filed Answer to Petition for Rehearing. Appellant's Response to Petition for Rehearing, or in the Alternative Opposition to Motion for Stay. Nos. 41832/42497/42498/42499/42500 (06-25662). | | |
| 12/15/2006 | Motion | Filed Motion. Nos. 41832/42497/42498/42499/42500 (06-25671). | | |
| 12/19/2006 | Order/Procedural | Filed Order Denying Motion. Mr. Evans has filed a request for oral argument. No oral argument is permitted with respect to a petition for rehearing. We deny the request for oral argument. Nos. 41832/42497/42498/42499/42500 (06-25930). | | |
| 09/21/2007 | Order/Dispositional | Filed Order Affirming in Part, Reversing in Part and Remanding. "GRANT the petition for rehearing and ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." . fn41-[We hold that Witherow's remaining requests for relief are without merit.] EN BANC-WM/MG/JH/RP/MD/MC/NS Nos. 41832/42497/42498/42499/42500. | | 07-20915
|
| 10/11/2007 | Post-Judgment Petition | Filed Petition for Rehearing. Appellant's Petition for Rehearing. Nos. 41832/42497/42498/42499/42500 [07-22444] | | |
| 11/01/2007 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 41832/42497/42498/42499/42500 (07-24036). | | |
| 11/28/2007 | Remittitur | Issued Remittitur. | | 07-25675
|
| 11/28/2007 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 12/06/2007 | Remittitur | Filed Remittitur. Received by County Clerk on November 30, 2007. | | 07-25675
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| 01/03/2008 | Order/Procedural | Filed Order. Denying Costs. Fn1[We direct the clerk of this court to file appellant's memorandum of costs, which was provisionally received on October 12, 2006.] We conclude that costs are not properly taxed against respondents. Accordingly, appellant's request for costs is denied. Nos. 41832/42497/42498/42499/42500. (08-00193) | | |
| 01/03/2008 | Other Incoming Document | Filed Proper Person Document. Memorandum of Costs for Case Nos. 41832 and 42498 only. Nos. 41832/42497/42498/42499/42500. (06-21004) | | |