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United States Court Cases

Nevada Supreme/Appellate Court Record

BROWNING (PAUL) VS. STATE (DEATH PENALTY)

Case Information: 39063
Short Caption:BROWNING (PAUL) VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 78476
Lower Court Case(s):Clark Co. - Eighth Judicial District - C72536Classification:Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:03/10/2004 at 11:00 AMOral Argument Location:Las Vegas Office
Submission Date:03/10/2004How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/11/2002Filing Fee Filing Fee Waived.
01/11/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 02-00808
01/23/2002Docketing StatementFiled Docketing Statement. 02-01520
04/15/2002Order/ProceduralFiled Order. To date appellant has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within 10 days from the date of this order, file and serve the required document. 02-06674
04/29/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: October 16, 2001. To Court Reporter: Karen Jones. 02-07529
04/29/2002MotionFiled Motion to Extend Time. 02-07531
05/06/2002Order/ProceduralFiled Order Granting Motion. filed April 29, 2002. Appellant shall have until June 28, 2002, to file and serve the opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 02-07893
05/20/2002TranscriptFiled Transcript. Proceedings: Monday, October 16, 2001. Court Reporter: Karen L. Jones. 02-08830
06/19/2002MotionFiled Motion to Extend Time. 02-10674
07/18/2002Order/ProceduralFiled Order Granting Motion. filed June 19, 2002. Appellant shall file the opening brief (and appendix) on appeal on or before August 28, 2002. 02-12299
08/27/2002AppendixFiled Appendix to Opening Brief. Vols. 1 through 12. 02-14695
08/30/2002MotionFiled Motion. Motion for Transmission of Exhibits 1-150. 02-15097
08/30/2002MotionFiled Motion for Excess Pages. Motion for Leave to File Excess Page Brief. 02-15099
09/26/2002Order/ProceduralFiled Order Denying Motion. Appellant's motion for permission to file a 92-page opening brief is hereby denied. The clerk of this court shall return type proposed 92-page brief to appellant's counsel of record. Appellant's counsel shall have 30 days from the date of this order to submit a revised brief of not more than 80 pages. fn1[The text of the proposed 92-page opening brief utilizes a type font of approximately 15 characters per inch. An even smaller font is used for the footnote text. Although this court has been lenient in the past with regard to the type size presented in the briefs, the small type presented in appellant's propose brief approaches the limits of what this court will regard as acceptable. The type size in the revised brief should be no smaller than that in the rejected 92-page brief. In the future, this court expects counsel to comply in all respects with NRAP 32.] 02-16697
09/26/2002Notice/OutgoingIssued Letter. to attorneyJoNell Thomas. Returned unfiled, the original and four copies of the "Appellant's Opening Brief" received on August 30, 2002.
09/30/2002MotionFiled Response to Motion. Opposition to Motion for Leave to File Excess Page Brief and Request for Remand and Motion to Hold Briefing Schedule in Abeyance. 02-16813
10/03/2002Order/ProceduralFiled Order. Suspending Briefing Schedule and Remanding. The State's opposition filed on September 30, 2002, is not only untimely, but has been rendered moot. We remand this case to the district court for the limited purpose that it prepare and enter an amended order specifying its factual findings and legal conclusions in compliance with NRS 34.830(1). We also suspend the briefing schedule. The district court shall have 30 days from the date of this order to enter its amended order. Upon entry of the order, the clerk of the district court shall immediately serve the order and transmit a certified copy of the order to the clerk of this court. Appellant shall have 30 days from the date of service of the district court's amended order to file an opening brief conforming to our order of September 26, 2002. Further briefing will then proceed in accordance with SCR 250(7)(c) and NRAP 31(a)(1). 02-17089
10/07/2002MotionFiled Response to Motion. Opposition to Request for Remand. 02-17281
10/17/2002Order/ProceduralFiled Order Denying Motion. On October 3, 2002, this court entered an order granting the State's request for a limited remand of this matter so that the district court could enter appropriate findings of fact and conclusions of law. On October 7, 2002, appellant file an opposition. This court elects to treat appellant's opposition as a motion for reconsideration of the order of October 3, 2002, and the motion for reconsideration is hereby denied. 02-18072
11/25/2002Order/IncomingFiled District Court Order. Certified copy of Findings of Fact, Conclusions of Law and Order filed in district court on October 24, 2002. 02-20277
12/09/2002BriefFiled Opening Brief. Mailed on: FedEx 12/6/02. 02-20969
12/09/2002MotionFiled Motion. Motion to Supplement Appendix to Appellant's Opening Brief. 02-20970
12/19/2002Order/ProceduralFiled Order Granting Motion. filed December 9, 2002. We grant the motion, and we direct the clerk of this court to file the supplemental appendix submitted by appellant on December 9, 2002. 02-21785
12/19/2002AppendixFiled Appendix to Opening Brief. Vol. 13. 02-20971
01/10/2003Letter/IncomingReceived Proper Person Letter. Letter dated December 25, 2002 requesting the Court to allow him to submit a Supplemental Opening Brief. 03-00541
01/10/2003MotionFiled Motion to Extend Time. 03-00557
01/29/2003Order/ProceduralFiled Order. On January 10, 2003, respondents filed a motion for a 60-day extension of time to file the answering brief. We grant the motion. Respondent shall file and serve the answering brief by March 10, 2003. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Also on January 10, 2003, appellant submitted a letter in proper person to the court requesting permission to file a supplemental opening brief. As appellant is represented by counsel in this appeal, we decline to grant appellant permission to file documents in proper person. fn1[Although we decline to grant appellant permission to file an additional proper person documents, we direct the clerk of this court to file the letter received on January 10, 2003, as we have ruled on the request contained in the letter.] Appellant shall proceed through counsel and direct all concerns regarding this appeal to counsel. 03-01549
01/29/2003Other Incoming DocumentFiled Proper Person Document. Letter dated December 25, 2002 requesting the Court to allow him to submit a Supplemental Opening Brief. 03-00541
03/10/2003MotionFiled Motion to Extend Time. 03-03956
03/12/2003Order/ProceduralFiled Order Granting Motion. filed March 10, 2003. Respondent shall have until March 17,2003, to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 03-04133
03/19/2003MotionFiled Motion and Order/Excess Pages. Granted: 50 pages. 03-04657
03/19/2003BriefFiled Answering Brief. 03-04658
03/24/2003MotionFiled Motion. 03-04979
04/10/2003Notice/IncomingFiled Notice of Association of Counsel. Jason B. Isaacs of the law firm of Heller, Ehrman, Whtie and McAuliffe, LLP associates as counsel for appellant with JoNell Thomas. 03-06078
04/18/2003MotionFiled Motion to Extend Time. 03-06684
04/25/2003Order/ProceduralFiled Order Granting Motion. filed April 18, 2003. Appellant shall have until June 17, 2003, to file and serve the reply brief. 03-07076
05/05/2003Notice/IncomingFiled Notice of Change of Address. 03-07580
06/19/2003MotionFiled Motion to Extend Time. 03-10294
06/27/2003Order/ProceduralFiled Order Granting Motion. filed June 19, 2003. Appellant shall have until July 17, 2003, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extraordinary circumstances and extreme need. 03-10799
06/27/2003Order/ProceduralFiled Order Denying Motion. Appellant has filed a motion requesting this court to order the clerk of the district court to transmit Exhibits 1-150 submitted below during the proceedings on appellant's post-conviction petition. Appellant's motion makes no attempt to demonstrate: that any of the exhibits at issue are incapable of being included in the appendix; fn1[We note that appellant's appendix on filed in this court appears to contain at least some of the exhibits presented in the post-conviction proceeding below.] that the exhibits are relevant to the issues raised on appeal; or that this court's review of the exhibits is necessary to the determination of the issues. Appellant's motion is hereby denied. 03-10845
07/11/2003Notice/IncomingFiled Notice. Notice of Absence from Jurisdiction. 03-11715
07/17/2003BriefFiled Reply Brief. 03-12116
07/17/2003AppendixFiled Appendix to Reply Brief. Appellant's Supplemental Appendix of Record. 03-12117
07/17/2003Case Status Update Submitted for Decision.
10/06/2003MotionFiled Motion. 03-16614
11/10/2003Order/ProceduralFiled Order Granting Motion. This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus in a capital case. This appeal was previously submitted for decision on the record and briefs submitted herein without oral argument. The motion is not opposed. Cause appearing, the motion is granted. The clerk of this court shall schedule this appeal for oral argument before the Southern Nevada Panel on the Court's first available oral argument calendar. The oral argument shall be limited to 60 minutes. 03-18782
11/17/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes on January 12, 2004, at 10:30 a.m. (SNP04-RR/ML/WM)
12/01/2003MotionFiled Motion. Motion to Postpone Oral Argument. 03-19875
12/03/2003Order/ProceduralFiled Order Granting Motion. to Continue Oral Argument. We hereby vacate the oral argument presently scheduled for January 12, 2004, at 10:30 a.m., and direct the clerk of this court to schedule this appeal for oral argument before the Southern Nevada Panel in March of 2004. Argument shall be limited to 60 minutes. 03-20100
12/11/2003Notice/IncomingFiled Notice. Notice of Supplement to Appellant's Appendix. 03-20686
12/11/2003AppendixFiled Appendix. Supplment to Appellant's Appendix Vols. 14 through 16. 03-20687
01/21/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes on March 10, 2004, at 1:30 p.m. (SNP04S-MS/RR/WM)
01/30/2004Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 60 minutes on March 10, 2004, at 11:00 a.m. (SNP04S-MS/RR/WM)
02/25/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
02/26/2004Other Other. Filed Motion to Associate Counsel. (Warrington Samuel Parker) 04-03671
03/04/2004BriefFiled Supplemental Authorities. Notice of Supplemental Authority. 04-04111
03/08/2004Order/ProceduralFiled Order Granting Motion. to Associate Counsel and Deferring Ruling on Request for Waiver of Fees. We grant the motion to associate Mr. Parker in Docket No. 39063 only. Nevada attorney JoNell Thomas shall be responsible for all matters presented by appellant in this matter. Appellant has failed to attach a waiver of fees application on Mr. Parker's verified application. Accordingly, we defer ruling on appellant's request to have Mr. Parker's application fees waived. 04-04321
03/10/2004Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP04S-MS/RR/WM.
05/10/2004MotionFiled Motion. Application for Waiver of Fee Pursuant to Nevada Supreme Court Rule 42(3)(e). 04-08700
05/12/2004Notice/IncomingFiled Proof of Service. Certificate of Mailing of Application for Waiver of Fee Pursuant to Nevada Supreme Court Rule 42(3)(e). 04-08821
06/03/2004Order/ProceduralFiled Order. Waiving SCR 42 Application Fee. Appellant has filed a waiver of fees application with this court. The application indicates that Mr. Parker and the law firm of Heller, Ehrman, White & McAuliffe, L.L.P., are providing pro bono services in a death penalty habeas corpus case. Accordingly, we approve appellant's waiver of fees application. The application fee to associate Mr. Parker and the law firm of Heller, Ehrman, White & McAuliffe, L.L.P., is hereby waived. 04-10167
06/10/2004Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, vacated in part, and remanded." Before Shearing/Rose/Maupin. Author: Per Curiam. 120 Nev. Adv. Opn. No. 39. SNP04S 04-10734
06/18/2004Letter/IncomingFiled Letter. from attorney JoNell Thomas requesting that footnote 12 of the Opinion filed in this matter on June 10, 2004 be omitted. 04-11170
07/06/2004RemittiturIssued Remittitur. 04-11419
07/06/2004Case Status Update Remittitur Issued/Case Closed.
07/30/2004RemittiturFiled Remittitur. Received by County Clerk on July 9, 2004. 04-11419