YOUNG (TERRELL) VS. STATE

Case Information: 35423
Short Caption:	YOUNG (TERRELL) VS. STATE	Court:	Supreme Court
		Related Case(s):	34764 , 34793 , 46542 , 47356 , 47609 , 65653 , 69628 , 69628-COA , 70467 , 71229 , 71229-COA , 73524 , 73524-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C153461	Classification:	Criminal Appeal - Life - Direct
Disqualifications:	Gibbons	Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	03/09/2004 at 1:30 PM	Oral Argument Location:	Las Vegas Office
Submission Date:	03/09/2004	How Submitted:	After Oral Argument

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
12/30/1999	Filing Fee	Filing Fee Waived.
12/30/1999	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).		99-13433
01/03/2000	Motion	Filed Motion. Motion to Withdraw as Attorney of Record.		00-00064
01/31/2000	Order/Procedural	Filed Order Granting Motion. On January 3, 2000, appellant's counsel, attorney William Lewis Wolfbrandt, filed a motion to withdraw as attorney of record. We grant the motion to withdraw. Fn1[In considering attorney Wolfbrandt's motion to withdraw, we elect to disregard the motion's reference to NRAP 3C(b)(1) as this is not a fast track appeal.] The district court appointed new counsel by an order dated November 30, 1999, we direct the clerk to list attorney Clarence E. Gamble as counsel of record for this appeal. (Docketing statement mailed to attorney Clarence E. Gamble, counsel for appellant).		00-01508
03/13/2000	Order/Procedural	Filed Order/Show Cause. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement and either a transcript request form or a certificate of no transcript request or show cause why sanctions should not be imposed against counsel for appellant. (Docketing statement mailed to attorney Clarence E. Gamble, counsel for appellant).		00-03860
09/21/2000	Order/Procedural	Filed Order/Temporary Remand. The clerk of this court shall remove attorney Clarence Gamble as counsel of record for appellant in this appeal. Further, we remand this appeal to the district court for a determination of whether appellant is indigent and the possible appointment of counsel. If the district court dtermines that appellant is indigent, it shall appoint new counsel to represent appellant within 20 days from the date of this order. If the district court determines that appellant in not indigent, the district court shall forthwith inform appellant of its determination, and the district court clerk shall proptly file with this court a copy of the written order embodying a determination of non-indigency. Appellant shall have 30 days from the date of the determination he is not indigent within which to secure counsel and to have counsel enter an appearance with this court. Whether appointed or retained, new counsel shall file a notice of appearance with this court within 10 days of the appointment or retention. New counsel shall have 10 days from the date of appearance in this court to file and serve the docketing statement and either a transcript request form or a certificate of no transcript request. On April 13, 2000, June 8, 2000, and July 5, 2000, this court received letters from appellant in proper person. Appellant has neither sought, nor been granted permission to file proper person documents with this court. Accordingly, the clerk of this court shall forthwith return, unfiled, appellant's letters of April 13, 2000, June 8, 2000, and July 5, 2000. Fn1[On September 18, 2000, appellant submitted a proper person motion for the appointment of counsel. Appellant has not been granted leave to file papers in proper person. NRAP 46(b). Nevertheless, we have received and considered the motion. In light of this order, we deny as moot appellant's motion for the appointment of counsel].		00-16709
10/02/2000	Notice/Incoming	Filed Notice of Appearance. Representing appellant: Karen A. Connolly. (Docketing Statement mailed to counsel for appellant.)		00-17410
10/09/2000	Notice/Incoming	Filed Notice. Notice of Appointment of Counsel. Karen A. Connelly appointed on October 3, 2000.		00-17815
10/13/2000	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 11/18/99. To Court Reporter: Renee Silvaggio.		00-18222
10/13/2000	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 9/16/98. To Court Reporter: Jennifer Church.		00-18223
10/13/2000	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 5/25/99. To Court Reporter: Shirlee Prawalsky.		00-18224
10/13/2000	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 9/22/98; 10/6/98; 10/9/98; 6/7/99; 6/9/99; 6/17/99; 6/23/99; 8/23/99; 8/26/99; 8/30/99 (2); 9/1/99; 9/2/99; 9/7/99; 9/8/99; 9/9/99; 9/13/99; 9/14/99; 9/15/99; 9/16/99; 9/17/99; 9/20/99; 9/21/99; 9/22/99; and 9/23/99. To Court Reporter: James Helleso.		00-18225
10/13/2000	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 9/7/99 and 9/15/99. To Court Reporter: Janice Murray.		00-18226
10/13/2000	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 9/1/99 and 9/8/99. To Court Reporter: Gayle Pichierri.		00-18237
10/16/2000	Docketing Statement	Filed Docketing Statement.		00-18312
11/02/2000	Transcript	Filed Transcript. Proceedings: May 25, 1999. Court Reporter: Shirlee Prawalsky.		00-19251
11/22/2000	Letter/Incoming	Filed Letter. from court reporter James Helleso re: preparation of transcripts.		00-20580
12/12/2000	Order/Procedural	Filed Order. On October 13, 2000, appellant filed transcript request forms requesting the preparation of transcripts by court reporters Renee Silvaggio, Jennifer Church, Shirlee Prawalsky, Janice Murray, Gayle Pichierri, and James Helleso. On November 22, 2000, this court received a letter from court reporter Helleso. We conclude that court reporter Helleso is not obligated to file the transcripts requested of him with this court. Appellant should include file stamped, certified copies of these transcripts in the appendix. We admonish appellant's counsel for including in the transcript request form requests for transcripts that were filed in the district court prior to the docketing of this appeal.Court reporter Prawalsky has filed certified copies of the transcripts requested of her. Court reporters Silvaggio, Church, Murray, and Pichierri shall have 20 days from the date of this order to prepare and file the transcripts requested of them, to file a motion for an extension of time to do so, or to inform this court, in writing, why the requested transcripts cannot be produced.		00-21734
12/22/2000	Transcript	Filed Transcript. Proceedings: November 18, 1999. Court Reporter: Renee Silvaggio.		00-22354
01/11/2001	Transcript	Filed Transcript. Proceedings: September 16, 1998. Court Reporter: Jennifer D. Church.		01-00614
02/12/2001	Motion	Filed Stipulation.		01-02789
03/09/2001	Letter/Incoming	Filed Letter. from Court Reporter Lori Judd regarding transcripts.		01-04335
03/13/2001	Order/Procedural	Filed Order. On December 12, 2000, this court entered an order that directed court reporters Janice Murray and Gayle Pichierri to produce the transcripts requested of them. On March 9, 2001, court reporter Lori Judd filed a letter in response to that order. The transcripts requested of court reporters Murray and Pichierri were filed in the district court prior to the docketing of this appeal. Court reporters Murray and Pichierri are not obligated to file the transcripts requested of them and we vacate that portion of our December 12, 2000, order. Appellant shall include copies of transcripts filed in the district court prior to the docketing of this appeal in his appendix. On February 12, 2001, the parties filed a stipulation extending the time, to and including March 9, 2001, to file the opening brief and appendix. The date of the stipulation having expired, we disapprove the stipulation as moot. Nevertheless, appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix.		01-04491
03/14/2001	Motion	Filed Motion to Extend Time.		01-04538
03/19/2001	Motion	Filed Motion to Extend Time. Supplemental Affidavit in Support of Motion for 120 Extension of Time to File Opening Brief.		01-04862
04/05/2001	Order/Procedural	Filed Order/Motion Granted in Part. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. We admonish counsel, however, that the court disapproves of repeated requests for extension of time to brief appeals in criminal cases. Consequently, no further extensions of time shall be permitted in the absence of extreme and unforeseeable circumstances.		01-05816
06/06/2001	Motion	Filed Motion for Excess Pages. Motion to Extend Length of Opening Brief.		01-09417
06/06/2001	Brief	Received Opening Brief. Mailed on: 6/4/01 LV drop box		01-09418
06/22/2001	Motion	Filed Motion to Strike. Respondent's Motion to Strike Appellant's Opening Brief.		01-10615
06/27/2001	Motion	Filed Response to Motion. Opposition to Respondent's Motion to Strike Appellant's Opening Brief.		01-10881
07/13/2001	Order/Procedural	Filed Order. On June 5, 2001, appellant submitted a proper person document entitled, 'Motion to Withdraw Counsel and Appoint New Counsel.' Because it does not appear that the document was served on Ms. Connolly or opposing counsel, the clerk of this court shall attach a copy of that document to this order. Further, Ms. Connolly shall respond to the issue of a possible conflict of interest raised in appellant's proper person document within 30 days from the date of this order. We suspend the briefing schedule in this appeal pending resolution of this matter. Because we have considered some of the issues raised in appellant's proper person document, we direct the clerk of this court to file that document. We deny, however, the relief requested by appellant in that document. Because appellant is represented by counsel in this appeal, we decline to grant appellant permission to file any further documents in proper person. Appellant shall proceed in this appeal through counsel and should direct all questions regarding this appeal to counsel. Finally, we defer ruling on appellant's June 6, 2001, motion to file an opening brief in excess of thirty pages, and respondent's June 22, 2001, motion to strike the opening brief that was received on June 6, 2001, pending resolution of this matter.		01-11893
07/13/2001	Motion	Filed Proper Person Motion. Motion To Withdraw Counsel and Appoint New Counsel.		01-09361
07/30/2001	Motion	Filed Response to Motion. Response to Appellant's Motion to Withdraw (submitted by attorney Connelly).		01-12817
09/23/2002	Notice/Incoming	Filed Notice of Change of Address. Law firm of Connolly & Fujii.		02-16448
09/30/2002	Other	Other. Filed Supplement to Response to Appellant's Motion to Withdraw.		02-16848
10/16/2002	Order/Procedural	Filed Order. Ms. Connolly shall continue to represent appellant in this appeal. We grant the motion filed on June 6, 2001. The clerk of this court shall file the 65-page opening brief and appendix received on June 6, 2001. On June 22, 2001, respondent filed a motion to strike the opening brief because it contained references to trial transcripts that had not been filed in this court or included in appellant's appendix. On June 27, 2001, appellant filed a response. We deny respondent's motion to strike the opening brief. We direct appellant to file and serve a supplemental appendix containing the missing transcripts within 20 days from the date of this order. Respondent shall file and serve the answering brief within 50 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).		02-17938
10/16/2002	Brief	Filed Opening Brief. Mailed on: 6/4/01 LV drop box.		01-09418
10/16/2002	Appendix	Filed Appendix to Opening Brief.		01-09419
11/07/2002	Notice/Incoming	Filed Errata. Errata to Appellant's Opening Brief.		02-19247
11/07/2002	Appendix	Filed Appendix. Appellant's Supplemental Appendix.		02-19248
12/06/2002	Motion	Filed Motion to Extend Time.		02-20960
12/12/2002	Order/Procedural	Filed Order Granting Motion. filed December 6, 2002. Respondent shall have until February 3, 2003, to file and serve the answering brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances.		02-21204
01/06/2003	Other	Disqualification of Justice Gibbons. Sat in district court proceedings.
02/05/2003	Motion	Filed Motion to Extend Time. (Second Request-60 days requested)		03-01954
02/24/2003	Order/Procedural	Filed Order Granting Motion. filed February 5, 2003. We conclude that respondent has failed to demonstrate extreme and unforeseeable circumstances for the60-day extension of time. No opposition having been filed, we grant the motion. Respondent shall have until April 4, 2003, to file and serve the answering brief. Any additional extensions of time will be granted only on a showing of extreme and unforeseeable circumstances.		03-03036
04/17/2003	Motion	Filed Motion to Extend Time.		03-06608
04/17/2003	Motion	Filed Motion for Excess Pages.		03-06611
04/17/2003	Brief	Received Answering Brief.		03-06609
04/17/2003	Appendix	Received Appendix. Respondents.		03-06610
05/01/2003	Motion	Filed Response to Motion.		03-07392
05/21/2003	Brief	Received Reply Brief.		03-08584
06/12/2003	Order/Procedural	Filed Order. Filing Briefs and Appendix. On April 17, 2003, respondent filed a motion for a 14-day extension of time, and a motion for leave to file a 52-page answering brief. On May 1, 2003, appellant filed an opposition to the motion to extend time. We grant respondent's motions. The clerk of this court shall file the 52-page answering brief and the appendix received on April 17, 2003, as well as the reply brief received on May 21, 2003.		03-09789
06/12/2003	Brief	Filed Answering Brief.		03-06609
06/12/2003	Appendix	Filed Appendix to Answering Brief.		03-06610
06/12/2003	Brief	Filed Reply Brief.		03-08584
07/23/2003	Notice/Outgoing	Issued Letter. to Clark County Clerk regarding Transmission of Transcripts.
08/05/2003	Transcript	Filed Transcript. Proceedings: 09/15/98; 09/16/98; 09/22/98; 10/06/98; 10/09/98; 05/25/99; 06/07/99; 06/09/99; 06/17/99; 06/23/99; 08/23/99; 08/26/99; 08/30/99 - 8:30 a.m.; 08/30/99 - 1:00 p.m.; 09/01/99 - 9:30 a.m.; 09/01/99 - 1:30 p.m.; 09/02/99 - 12:30 p.m.; 09/02/99; 2:40 p.m.; 09/07/99 - 12:30 p.m.; 09/07/99; 2:30 p.m.; 09/08/99 - 9:30 a.m.; 09/08/99 - 1:35 p.m.; 09/09/99; 09/13/99; 09/14/99; 09/15/99 - 9:30 a.m.; 09/15/99 - 1:45 p.m.; 09/16/99; 09/17/99; 09/20/99; 09/22/99; 09/23/99; 11/18/99; and 09/28/00. Court Reporters: Brenda Anne Lee; Jennifer D. Church; James Helleso; Shirlee Prawalsky; Lori Judd & Associates; and Renee Silvaggio.		03-13110
10/15/2003	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 18, 2003, at 10:30 a.m. (SNP04-RR/ML/WM)
12/04/2003	Notice/Outgoing	Issued Oral Argument Reminder Notice.
12/10/2003	Motion	Filed Motion.		03-20579
12/11/2003	Order/Clerk's	Filed Clerk's Order. Continuing Oral Argument. Appellant has moved for additional time for oral argument. We grant appellant's motion. The time for oral argument is expanded to 60 minutes, allowing 30 minutes per side. The additional time allotted for oral argument, however, requires that the argument be rescheduled. The oral argument presently scheduled for December 18, 2003, at 10:30 a.m. is vacated and rescheduled for January 14, 2004, at 9:30 a.m. in Las Vegas.		03-20629
12/11/2003	Notice/Outgoing	Issued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 60 minutes on January 14, 2004, at 9:30 a.m. in Las Vegas. (SNP04 - RR/ML/WM)
12/11/2003	Motion	Filed Motion. Motion to Supplement Appendix.		03-20678
12/29/2003	Notice/Outgoing	Issued Oral Argument Reminder Notice.
12/30/2003	Order/Procedural	Filed Order Granting Motion. Appellant has moved to supplement the appendix with 4 documents, which are attached to his motion as Exhibits A through D. The motion is unopposed. We grant the motion. In resolving this matter, this court shall consider the 4 documents attached to appellant's motion. fn1[We remind appellant that proposed documents should be submitted under separate cover from the motion for leave to file such documents.]		03-21639
01/12/2004	Order/Clerk's	Filed Clerk's Order. Continuing Oral Argument. Due to a court emergency, the oral argument presently scheduled for January 14, 2004, at 9:30 a.m. is hereby vacated. The oral argument will be rescheduled for the next Southern Panel argument session to be held in March 2004.		04-00647
01/21/2004	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes on March 9, 2004, at 1:30 p.m. (SNP04S -MS/RR/WM)
02/25/2004	Notice/Outgoing	Issued Oral Argument Reminder Notice.
03/09/2004	Case Status Update	Submitted for Decision. Before the Southern Nevada Panel. SNP04S-MS/RR/WM
12/23/2004	Opinion/Dispositional	Filed Per Curiam Opinion. "Reversed and remanded with instructions." fn1-[Although then-Judge Gibbons sentenced appellant and signed the judgment of conviction, Judge Joseph S. Pavlikowski presided over the pretrial proceedings and the jury trial.] fn2-[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] Before the Court EN BANC. Author: Per Curiam. Majority: Shearing/Agosti/Rose/Becker/Maupin/Douglas. 120 Nev. Adv. Opn. No. 98. EN BANC.		04-23450
01/18/2005	Remittitur	Issued Remittitur.		05-00769
01/18/2005	Case Status Update	Remittitur Issued/Case Closed.
01/27/2005	Notice/Outgoing	Issued Letter. to the Publishers from Cay Jordan, Editor. Correction on pages 8 of the opinion filed December 23, 2004.
01/28/2005	Remittitur	Filed Remittitur. Received by County Clerk on January 20, 2005.		05-00769