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United States Court Cases

Nevada Supreme/Appellate Court Record

SHEHADY (JAMES) VS. STATE

Case Information: 42806
Short Caption:SHEHADY (JAMES) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C172706Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/18/2004Filing Fee Filing Fee Waived.
02/18/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 04-03071
03/04/2004MotionFiled Motion to Extend Time. 04-04127
03/08/2004Notice/IncomingFiled Proof of Service. (Motion for Extension of Time to file Transcripts). 04-04370
03/10/2004Order/ProceduralFiled Order Granting Motion. filed March 4, 2004. Court reporter Janie Olsen shall have 30 days from the date of this order within which to file and serve the transcript. Counsel for appellant shall have 20 days from the filing of the transcripts within which to file and serve the fast track statement and appendix. 04-04561
03/17/2004MotionFiled Motion to Extend Time. 04-05075
03/22/2004Order/ProceduralFiled Order Denying Motion. On March 17, 2004, counsel for appellant filed a motion for an extension of time to file the fast track statement. In the order granting the extension to the court recorder, this court ordered that counsel for appellant would have 20 days from the filing of the transcript to file the fast track statement. The motion for an extension is denied as moot. The briefing schedule established in this court's order of March 10, 2004, remains in effect. Counsel for appellant shall have 20 days from the filing of the transcript to file and serve the fast track statement and appendix. 04-05329
03/31/2004TranscriptFiled Transcript. Proceedings: December 30, 2003. Court Reporter: Janie L. Olsen. 04-06016
03/31/2004TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 10/22/03, 10/23/02, 10/27/03, 10/28/03; 10/23/03 (one volume); 10/23/03; 10/27/03; and 10/28/03. Court Reporter: Janie Olsen. 04-06018
04/13/2004Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement and Appendix due: April 19, 2004. 04-06768
04/22/2004MotionFiled Motion for Excess Pages. Motion for Leave to File 25-Page Fast Track Statement. 04-07442
04/29/2004Order/ProceduralFiled Order Granting Motion. filed April 22, 2004. The clerk of this court shall file, forthwith, the 25-page fast track statement and appendix provisionally submitted on April 22, 2004. 04-07845
04/29/2004Fast Track BriefFiled Fast Track Statement. 04-07444
04/29/2004AppendixFiled Appendix to Fast Track Statement. 04-07445
05/20/2004MotionFiled Motion for Excess Pages. Motion for Leave to File 19 Page Fast Track Response. 04-09419
05/27/2004Order/ProceduralFiled Order Granting Motion. filed May 20, 2004. The clerk of this court shall file, forthwith, the fast track response provisionally submitted on May 20, 2004. 04-09768
05/27/2004Fast Track BriefFiled Fast Track Response. 04-09420
06/01/2004MotionFiled Motion. Motion to File Amended Fast Tack Statement or, in the Atlernative, Conncession of Sub-Issue III (A). 04-10059
06/01/2004Fast Track BriefReceived Fast Track Statement. 04-10060
06/10/2004Order/ProceduralFiled Order Granting Motion. filed June 1, 2004. The clerk of this court shall file, forwith, the amended fast track statement received on June 1, 2004. 04-10769
06/10/2004Fast Track BriefFiled Fast Track Statement. 04-10060
07/26/2004Order/ProceduralFiled Order/Full Briefing. This court has concluded that full briefing of this appeal is warranted. fn1[If a party's brief will cite to documents not previously filed in this court, that party must file and serve an appropriately documented supplemental appendix with the brief.] Appellant shall have 30 days from the date of this order to file and serve the opening brief. fn2[Transcripts have already been filed in this appeal. Should either counsel cite to transcripts not previously prepared, counsel shall file and serve a request for the necessary transcripts pursuant to NRAP 9(a). If the necessary transcripts have already been prepared and are on file in the district court, the parties may include such transcripts in the appendix without filing a transcript request form.] Thereafter, briefing shall proceed as set forth in NRAP 31. 04-13542
08/30/2004Notice/IncomingFiled Notice. Notice of Death of Appellant. 04-15756
08/30/2004BriefFiled Opening Brief. 04-15757
09/03/2004MotionFiled Motion to Dismiss Appeal. 04-16087
09/15/2004Order/DispositionalFiled Order Dismissing Appeal. On August 30, 2004, counsel for appellant filed a notice in this court that the appellant died on June 18, 2004. We conclude that appellant's death has rendered this appeal moot. Counsel has not demonstrated that this case falls within any exception to the mootness doctrine. "ORDER this appeal DISMISSED." NNP04-NB/DA/MG 04-16908
09/15/2004MotionFiled Motion. Motion to Remand to District Court for Dismissal of the Criminal Information and Response to State's Motion to Dismiss the Appeal. 04-16959
10/01/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-18234
10/07/2004Other Returned Unfiled Document. Returned, with letter, "State's Opposition to Defendant's Petition for Rehearing."
11/09/2004Post-Judgment OrderFiled Order/Rehearing Denied. Appellant contends that this court overlooked the motion filed on September 15, 2004, the same day that this appeal was dismissed. In that motion, appellant argued that this court should adopt the reasoning of other jurisdictions and hold that a criminal prosecution is abated ab initio when the accused dies pending the resolution of his appeal. We decline to adopt such a rule. We conclude that rehearing is not warranted. "Rehearing denied." NRAP 40(c). NNP04-NB/DA/MG 04-20665
12/07/2004RemittiturIssued Remittitur. Returned Exhibits: State's Exhibits 1, 2, 5, 6, 7 (video tapes) and Defendant's Exhibit A (Video tape) this day. 04-21138
12/07/2004Case Status Update Remittitur Issued/Case Closed.
12/15/2004RemittiturFiled Remittitur. Received by County Clerk on December 9, 2004. 04-21138