HONEYCUTT (TODD) VS. STATE C/W 35466 - Nevada Supreme/Appellate Court Record

Case Information: 35468
Short Caption:	HONEYCUTT (TODD) VS. STATE C/W 35466	Court:	Supreme Court
Consolidated:	35466 *, 35468	Related Case(s):	44430 , 68511
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C151952	Classification:	Criminal Appeal - Life - Direct
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:		SP Status:
Oral Argument:	04/09/2001 at 11:30 AM	Oral Argument Location:	Carson City
Submission Date:	04/09/2001	How Submitted:	After Oral Argument

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
01/10/2000	Filing Fee	Filing Fee Waived.
01/10/2000	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant).		00-00411
01/18/2000	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 3/22/99, 3/29/99, 8/13/99, 8/31/99, 9/21/99 to 9/24/99; 9/27/99 to 10/1/99, 10/4/99 to 10/5/99, 11/30/99. To Court Reporter: Cathy Nelson. Nos. 35466 and 35468.		00-00739
01/21/2000	Order/Procedural	Filed Order/Consolidation. We hereby consolidate these matters for all appellate purposes. Appellant shall, within 10 days of the date of this order, file and serve a docketing statement and shall, within 100 days file and serve an opening brief and appendix. Thereafter, briefing shall proceed with NRAP 31(a)(1). fn1[The provisions of NRAP 3C shall not apply to any portion of these consolidated appeals]. Nos. 35466, 35468.		00-01023
01/24/2000	Docketing Statement	Filed Docketing Statement. (Nos. 35466 and 35468).		00-01111
01/24/2000	Motion	Filed Motion to Consolidate. Motion to Consolidate Appeals. (Nos. 35466 and 35468).		00-01112
02/08/2000	Order/Procedural	Filed Order. On January 21, 2000, we issued an order consolidating these matters and establishing a briefing schedule. On January 24, 2000, appellant filed a motion to consolidate and a motion to stay all deadlines in Docket No. 35466. We deny appellant's motions as moot. Nos. 35466, 35468.		00-02014
02/17/2000	Transcript	Filed Transcript. Proceedings: 3/22/99, 11/30/99. Court Reporter: Cathy Nelson. Nos. 35466 and 35468.
03/23/2000	Transcript	Filed Rough Draft Transcript of Proceedings. Proceedings: August 31, 1999, Court Reporter: Cathy Nelson. Nos. 35466 & 35468.
04/13/2000	Motion	Filed Motion. Appellant's Motion to Request Transmission of Exhibits. Nos. 35466, 35468.
04/13/2000	Motion	Filed Motion for Excess Pages. Appellant's Motion to File an Oversized Opening Brief. Nos. 35466, 35468.
04/19/2000	Order/Procedural	Filed Order. Court reporter Nelson shall have 20 days from the date of this order to file and serve certified copies of the remaining transcripts requested for March 29, 1999; August 13, 1999; September 21 to September 24, 1999; September 27 to October 1, 1999; and October 4, 5, 1999. Nos. 35466, 35468.
04/27/2000	Letter/Incoming	Filed Letter. from Court Reporter Cathy Nelson. The requested transcripts were prepared and provided to counsel prior to the filing of the request for transcript. Nos. 35466, 35468. Document no. 00-06863
04/28/2000	Brief	Received Opening Brief. Mailed on: Fed-Ex 4/27/00. (Case Nos. 35466 and 35468). RETURNED UNFILED 06/20/00. Nos. 35466, 35468.
04/28/2000	Appendix	Received Appendix to Opening Brief. (Case Nos. 35466 and 35468). RETURNED UNFILED 06/20/00. Nos. 35466, 35468.
06/20/2000	Order/Procedural	Filed Order. We grant appellant's unopposed motion for transmission of exhibits. The clerk of the Clark County District Court shall forthwith certify and transmit to the clerk of this court the 'redacted video tape of Karen Bates taken in the Luxor security office [State's Exhibit 31A], and the audio and video tapes [Exhibits 47 and 48] of Detective Mark Preusch's conversations with [appellant] Honeycutt recorded at the Clark County Detention Center. Pursuant to appellant's transcript request form filed on January 18, 2000, on April 19, 2000, we entered an order directing court reporter Cathy Nelson within twenty days to file and serve certified copies of transcripts of proceedings. On April 27, 2000, this court received a letter from court reporter Nelson stating that the above transcripts were all filed in the Clark County District Court prior to the date this appeal was docketed. Accordingly, we vacate our order of April 19, 2000, directing court reporter Nelson to file and serve the above transcripts. On April 28, 2000, appellant submitted his opening brief and appendix. Because appellant's appendix does not include copies of transcripts which appellant requested in the transcript request form and which, therefore, may be presumed to be relevant to this appeal, it is unclear whether appellant's appendix sufficiently supports the citations in appellant's opening brief. The clerk of this court shall return unfiled appellant's opening brief and appendix. Appellant shall have fifteen (15) days from the date of this order to file an amended appendix which includes copies of any portions of the transcripts requested for proceedings held on March 29, 1999; August 13, 1999; September 21 to September 24, 1999; September 27 to October 1, 1999; and October 4, 5, 1999; which are cited to in appellant's opening brief. Within the same time period, appellant shall file an amended opening brief with citations referencing appellant's amended appendix. fn1[We deny appellant's motion filed on April 13, 2000, requesting permission to file an overlength brief without prejudice to appellant's right to refile the motion after preparation of the amended opening brief.] Nos. 35466, 35468. Document No. 00-10542.
06/20/2000	Notice/Outgoing	Issued Letter. Returned unfiled with letter to attorney Yampolsky: original and three copies of Appellant's Opening Brief and the original Appellant's Appendix received on April 28, 2000. Nos. 35466, 35468.
06/29/2000	Exhibit	Received Exhibit (original). Exhibits: State's Exhibit 31A ("redacted video tape of Karen Bates taken in the Luxor security office); State's Exhibits 47 and 48 (Audio and Video tapes of Detective Mark Preusch's conversations with appellant Honeycutt record at the Clark County Dentention Center.
07/03/2000	Motion	Filed Motion for Excess Pages. (nos. 35466/35468) doc. #00-11274.
07/03/2000	Brief	Received Opening Brief. Mailed on: 6/30/00 (nos. 35466/35468) doc. #00-11275.
07/03/2000	Appendix	Received Appendix. Appellant's Appendix, Vols. 1 through 12 (nos. 35466/35468) doc. #00-11276.
08/22/2000	Order/Procedural	Filed Order Granting Motion. The clerk of this court shall forthwith file appellant's opening brief and appendix which were provisionally submitted on July 3, 2000. Respondent shall have 30 days from the date of this order to serve and file the answering brief (nos. 35466/35468).
08/22/2000	Brief	Filed Opening Brief. Mailed on: Federal Express (nos. 35466/35468).
08/22/2000	Appendix	Filed Appendix to Opening Brief. Vols. One through Twelve (nos. 35466/35468).
08/31/2000	Motion	Filed Motion for Excess Pages. Motion for Leave to file a 59 Page Answering Brief. (Nos. 35466 and 35468).
08/31/2000	Brief	Received Answering Brief. Mailed on: Express-No postmark. (Nos. 35466 and 35468).
08/31/2000	Appendix	Received Appendix to Answering Brief. Volumes 1 through 3. (Nos. 35466 and 35468).
09/06/2000	Order/Procedural	Filed Order Granting Motion. We grant respondent's motion to file an answering brief in excess of thirty pages, to wit: 59 pages. The clerk of this court shall file the fifty-nine page answering brief and appendix submitted provisionally with this motion, forthwith. Nos. 35466, 35468. Document No. 00-15652.
09/06/2000	Brief	Filed Answering Brief. Nos. 35466, 35468. Original brief in No. 35466. Document No. 00-15386.
09/06/2000	Appendix	Filed Appendix to Answering Brief. Volumes 1 through 3. Nos. 35466, 35468. Originals in No. 35466. Document No. 00-15387.
10/02/2000	Brief	Filed Reply Brief. Mailed on: Fed Ex 9/29/00. Nos. 35466 & 35468. (00-17181) STRICKEN BY ORDER 11/06/00. Nos. 35466, 35468.
11/06/2000	Order/Procedural	Filed Order. Our review of appellant's reply brief indicates that the reply brief does not comply with the requirements of NRAP 32(a). The clerk of this court shall forthwith strike appellant's reply brief. Appellant shall have 20 days from the date of this order to file an amended reply brief that complies with NRAP 32(a). Nos. 35466, 35468. Document No. 00-19486.
11/17/2000	Motion	Filed Motion for Excess Pages.
11/17/2000	Brief	Received Reply Brief. Amended Reply Brief - nos. 35466/35468. (Mailed on: Fed Ex - 11/16/00).
12/06/2000	Order/Procedural	Filed Order Granting Motion. The clerk of this court shall forthwith file the fifty-six page amended reply brief submitted by appellant on November 17, 2000. Nos. 35466, 35468. Document No. 0021324.
12/06/2000	Brief	Filed Amended Brief. Amended Reply Brief. Nos. 35466, 35468. (Original brief in No. 35466.) Document No. 00-20190.
02/26/2001	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 9, 2001, at 11:30 a.m. (Nos. 35466 and 35468) (NNP01A-MS/RR/DA)
03/26/2001	Notice/Outgoing	Issued Oral Argument Reminder Notice. (Nos. 35466 and 35468)
04/09/2001	Case Status Update	Submitted for Decision. Before the Northern Nevada Panel. NNP01A-MS/RR/DA. Nos. 35466/35468.
10/31/2002	Opinion/Dispositional	Filed Per Curiam Opinion. "Affirmed." Before Shearing, Agosti and Rose, JJ. By the Court, Shearing, J. I concur: Agosti, J. Rose, J., dissenting. 118 Nev. Adv. Opn. No. 70. NNP01A. Nos. 35466/35468.		02-18717
11/26/2002	Remittitur	Issued Remittitur.		02-18947
11/26/2002	Case Status Update	Remittitur Issued/Case Closed.
12/20/2002	Remittitur	Filed Remittitur. Received by County Clerk on December 3, 2002.		02-18947