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United States Court Cases

Nevada Supreme/Appellate Court Record

TABISH (RICHARD) AND MURPHY (SANDRA) VS. STATE

Case Information: 36873
Short Caption:TABISH (RICHARD) AND MURPHY (SANDRA) VS. STATECourt:Supreme Court
Related Case(s): 36569 , 45126 , 45189 , 45304 , 45306 , 47312 , 51560
Lower Court Case(s):Clark Co. - Eighth Judicial District - C161663Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/27/2002 at 9:00 AMOral Argument Location:Carson City
Submission Date:06/27/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/16/2000Filing Fee Filing Fee Waived.
10/16/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Joint Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statements mailed to counsel for appellants). 00-18280
10/23/2000MotionFiled Stipulation. Stipulation to Extend Time to File the Docketing Statement. 00-18741
10/23/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 00-18753
10/24/2000Order/Clerk'sFiled Clerk's Order Approving Stipulation. Appellants' docketing statements shall be served and filed on or before January 2, 2001. 00-18822
10/26/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/27/99; 10/15/99; 10/22/99; 11/10/99 11/15/99; 12/02/99; 12/06/99; 12/09/99; 12/15/99; 12/28/99; 01/05/00; 01/12/00; 02/11/00; 02/14/00; 02/18/00; 02/23/00; 02/28/00; 02/29/00; 03/02/00; 03/07/00; 03/22/00; 03/24/00; 03/27/00; 03/28/00; 03/29/00; 03/31/00; 04/03/00-05/24/00; 06/01/00; 06/14/00; 07/02/00; 07/07/00; 07/19/00; 07/25/00; 08/01/00; 08/04/00; 08/11/00-08/16/00; 08/22/00; 09/08/00; 09/15/00; 10/05/00; 10/11/00. To Court Reporter: Robert Mintun. 00-18935
11/22/2000MotionFiled Motion. Motion to Designate Transcripts of Preliminary Proceedings as Part of the Record on Appeal. 00-20548
11/27/2000MotionFiled Motion to Extend Time. 00-20606
11/27/2000MotionFiled Motion to Extend Time. 00-20633
12/21/2000Order/ProceduralFiled Order. We grant appellants' motion of November 22, 2000, as to any transcripts which are properly part of the trial court record, and we deny the motion as to any transcripts which are not part of the trial court record. On November 27, 2000, court recorder Robert H. Mintun filed a motion for an extension of time to file transcripts that were requested by appellants on October 26, 2000. Cause appearing, we grant that motion. Accordingly, court reporter Mintun shall have to and including January 15, 2000, to file and serve certified copies of the transcripts requested by appellants pursuant to the provisions of NRAP 9. We grant appellant's unopposed for an extension of time to file an opening brief filed on November 27, 2000. Accordingly, appellants shall have to and including June 13, 2001 to file and serve the opening brief and appendix. 00-22276
12/29/2000Docketing StatementFiled Docketing Statement. 00-22714
01/22/2001TranscriptFiled Transcript. Proceedings: 9/27/99; 10/15/99; 10/22/99; 11/10/99 11/15/99; 12/02/99; 12/06/99; 12/09/99; 12/15/99 (2); 12/28/99; 01/05/00; 01/12/00; 02/18/00; 02/23/00; 02/28/00; 02/29/00 (2); 03/07/00; 03/22/00; 03/24/00; 03/29/00; 04/10/00; 04/20/00 (SEALED); 05/18/00; 05/22/00; 05/23/00; 06/01/00; 06/14/00; 07/07/00; 07/19/00; 07/25/00; 08/04/00; 08/11/00 08/14/00-08/16/00; 08/22/00; 09/08/00; 09/15/00; 10/05/00; 10/11/00. To Court Reporter: Robert Mintun. 01-01402
02/20/2001Letter/IncomingFiled Letter. from court reporter Robert Mintun regarding request for remaining transcripts. 01-03194
03/19/2001MotionFiled Motion. 01-04829
04/03/2001MotionFiled Motion for Excess Pages. Motion for Page Limit Extension of Appellants' Opening Brief and the Ability to Exercise the Option of Filing Two Separate Briefs that Adopt by Reference Any or All of the Co-Appellant's Brief or One Joint Brief. 01-05704
04/06/2001Order/ProceduralFiled Order. We conclude that all transcripts necessary for the review of this appeal have been filed with this court. 01-05925
04/11/2001Order/ProceduralFiled Order. We grant attorney Momot's motion to withdraw. The clerk shall modify the docket to reflect that only attorney Thomas F. Pitaro is attorney of record for appellant Murphy. Attorney Momot shall serve a copy of this order on appellant Murphy and shall file proof of such service within 15 days from the date of this order. 01-06236
04/26/2001Notice/IncomingFiled Proof of Service. (motion to withdraw as counsel of record). 01-07024
05/10/2001Notice/IncomingFiled Substitution of Attorneys. Herbert Sachs in place of Thomas Pitaro as counsel for appellant Sandra Murphy. 01-07848
05/14/2001Notice/IncomingFiled Proof of Service. (Notice of Substitution of Counsel). 01-07970
05/15/2001MotionFiled Stipulation. Stipulation for extension of time for Appellant Sandra Murphy to file her opening brief. 01-08058
06/01/2001MotionFiled Stipulation. 01-09166
06/08/2001Order/ProceduralFiled Order/Motion Granted in Part. We grant appellant's unopposed motions. Each Appellant in this case shall file a separate opening brief not to exceed 60 pages. Each appellant may adopt any part of the other's opening brief by reference. Each appellant shall file and serve their respective opening brief and appendix or joint appendix by July 13, 2001. Thereafter briefing shall proceed according to the provision of NRAP 31(a)(1). 01-09613
07/11/2001BriefFiled Opening Brief. Opening Brief of Appellant Sandra Renee Murphy. Mailed on: Fed Ex 07/10/01. 01-11688
07/11/2001AppendixFiled Appendix to Opening Brief. Sandra Renee Murphy. 01-11689
07/12/2001BriefFiled Opening Brief. Appellant Tabish's Opening Brief. Mailed on: Fed Ex 07/11/01. 01-11803
07/12/2001AppendixFiled Joint Appendix. Appellant Tabish and Respondent's Joint Appendix. Vols. 1 through 16. 01-11805
07/12/2001Other Other. Filed Original signature page to Opening Brief from Herbert Sachs. Supplement to Opening Brief of Appellant Sandra Renee Murphy. Placed in correspondence file. 01-11825
08/09/2001MotionFiled Motion to Extend Time. 01-13555
08/21/2001Order/ProceduralFiled Order Extending Time. We grant respondent's August 9, 2001, motion. Respondent shall have to and including November 2, 2001, to file and serve the answering brief. Thereafter, appellant may file a reply brief, if deemed necessary, within 30 days of service of the answering brief. We caution respondent's counsel that failure to demonstrate extreme and unforeseeable circumstances for additional motions for extensions of time to file the answering brief may result in denial of the motion. 01-14179
09/07/2001MotionFiled Motion. Motion to Associate Counsel - Alan M. Dershowitz (Exhibit B is a certificate of good standing from the Supreme Judicial Court - Boston). 01-15136
09/07/2001MotionFiled Motion. Motion to Associate Counsel - Victoria B. Eiger (Exhibit B is a certificate of good standing from the Appellate Division of the Supreme Court of New York and also one from the Supreme Court of New Jersey). 01-15152
09/11/2001Notice/OutgoingIssued Letter. to attorney Herbert Sachs, returning unfiled, the document entitled, "Order Admitting to Practice for Alan Dershowitz and Victoria Eiger."
09/19/2001Notice/IncomingFiled Proof of Service. for Motion to Associate Counsel.. 01-15863
09/28/2001Order/ProceduralFiled Order Granting Motion. to Associate Counsel. Attorneys Victoria B. Eiger and Alan M. Dershowitz shall be permitted to appear on behalf of appellant Sandra Renee Murphy. However, Nevada attorney Herbert Sachs shall be responsible for all matters presented by appellant Sandra Renee Murphy in this appeal. 01-16401
11/06/2001MotionFiled Motion for Excess Pages. Motion for Leave to file a 99 page answering brief (Tabish). 01-18526
11/06/2001BriefReceived Answering Brief. Mailed on: Express - no postmark (Tabish). 01-18527
11/06/2001MotionFiled Motion for Excess Pages. Motion for Leave to File a 76 page answering brief (Murphy). 01-18528
11/06/2001MotionFiled Response to Motion. Appellant Tabish's Opposition to Respondent's Motion for Page Limit Extension. 01-18530
11/13/2001Order/ProceduralFiled Order Granting Motion. to file a 76-page answering brief to appellant Tabish's 60-page opening brief, and a 99-page answering brief to appellant Murphy's 59-page opening brief. The clerk of this court shall file respondent's answering briefs received on November 6, 2001. Appellant shall have 30 days from the date of this order to file and serve reply briefs. 01-18821
11/13/2001BriefFiled Answering Brief. (Respondent's Answering Brief to Appellant Richard Tabish). Mailed on: Express-no postmark. 01-18527
11/13/2001BriefFiled Answering Brief. (Respondent's Answering Brief to Appellant Sandra Murphy). Mailed on: Express-no postmark. 01-18529
12/03/2001BriefFiled Reply Brief. Appellant Tabish's Reply Brief. Mailed on: Fed Ex 11/30/01. 01-20150
12/06/2001BriefFiled Reply Brief. Reply Brief of Appellant Sandra Renee Murphy. Mailed on: 12/05/01. 01-20459
12/06/2001Letter/IncomingFiled Letter. requesting oral argument. 01-20460
12/12/2001MotionFiled Motion. Appellant Sandra Murphy's Motion for Oral Argument. 01-20842
01/09/2002Order/ProceduralFiled Order Granting Motion. for oral argument filed December 12, 2001. The clerk of this court shall schedule this appeal for oral argument on the court's June 2002 en banc argument calendar. fn1[Due to this court's caseload, it is not possible to schedule this matter for argument on the February 2002 en banc argument calendar. The en banc court will not hear oral argument again until June 2002.] The oral argument shall be limited to 60 minutes. 02-00590
04/08/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 27, 2002, at 9:00 a.m. (En Banc)
04/26/2002Notice/IncomingFiled Notice of Change of Address. Law firm of Dershowitz, Eiger & Adelson, PC. 02-07434
05/03/2002Order/ProceduralFiled Order. On October 26, 2000, appellants filed a transcript request form requesting the preparation of transcripts by court recorder Robert Mintun. Appellants' request for the preparation of transcripts already transcribed and filed in the district court prior to the docketing of this appeal was improper. Appellants should have included file stamped copies of those transcripts in the joint appendix. Appellants shall have 10 days from the date of this order to file a supplemental appendix that includes file stamped copies of all transcripts filed in the district court prior to the docketing of this appeal. Appellants shall insure that the 45 volumes of jury trial transcripts and 2 volumes of penalty phase transcripts are included in the supplemental appendix. 02-07784
05/06/2002Letter/IncomingFiled Letter. from Las Vegas ONE requesting cameras in the courtroom. Nos. 36873/37785 (not consolidated). 02-07932
05/14/2002AppendixFiled Appendix. Appellant Tabish and Appellant Murphy's Supplemental Appendix. Vols. 1 through 34. 02-08414
05/14/2002Notice/IncomingFiled Proof of Service. for Appellant Tabish and Appellant Murphy's Supplemental Appendix. 02-08415
05/23/2002TranscriptFiled Transcript. Proceedings: 8/11/00 and 8/14/00. Court Reporter: Janice R. Liston. 02-09109
06/03/2002Notice/OutgoingIssued Letter. to William B. Terry regarding Transmission of Missing Transcript.
06/04/2002MotionFiled Response to Motion. Appellant Tabish's Opposition to Las Vegas One's Request for Cameras in the Courtroom. (FILED VIA FAX) 02-09702
06/05/2002Order/ProceduralFiled Order. A request having been made seeking access to the Supreme Court of Nevada for the purpose of photographic or electronic coverage of the hearing to be held June 27, 2002, at 9:00 a.m., in the above-entitled matter. Permission is granted for photographic or electronic media coverage of the aforesaid matter, for news purposes and not for commercial exploitation. All persons participating in such coverage shall observe the standards set forth in the Supreme Court Rules in all respects, and Bob Stoldal of Las Vegas One is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. All equipment necessary to allow for such photographic or electronic coverage of such proceedings shall be placed in the court room before commencement of the hearing. 02-09765
06/06/2002MotionFiled Response to Motion. Appellant Tabish's Opposition to Las Vegas One's Request for Cameras in the Courtroom. (Original--filed via fax on 6/4/02.) No action required. 02-09896
06/07/2002TranscriptFiled Transcript. Proceedings: 5/10/00. Court Reporter: Robert Mintun. 02-09965
06/12/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
06/21/2002MotionFiled Motion. Motion for Enlargement of Oral Argument Time. 02-10758
06/21/2002Order/ProceduralFiled Order Granting Motion. This appeal is scheduled for a 60-minute oral argument before the en banc court on June 27, 2002, at 9:00 a.m. On June 21, 2002, appellants filed a motion for enlargement of oral argument time. We grant appellants' motion. Appellants shall each be allowed 20 minutes to present their respective arguments and respondent shall be allowed 40 minutes to present its argument. 02-10820
06/27/2002Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC
07/10/2002Letter/IncomingFiled Letter. from counsel for Appellants stating that they request to be telephoned then faxed a copy o fthe decision as soon as it is filed in this matter. (placed names and telephone nos. on case notes) 02-11804
07/12/2002MotionFiled Motion. Motion of Defendant-Appellant Sandra Renee Murphy for Bail Pending Appeal. 02-11963
07/24/2002MotionFiled Response to Motion. The State's Response to Motion of Defendant-Appellant Sandra Renee Murphy for Bail Pending Appeal. 02-12655
07/26/2002Other Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), "Appellant's Reply to the State's Response Regarding Bail Pending Appeal."
08/05/2002MotionFiled Motion for Permission to File Document. 02-13366
08/21/2002Order/ProceduralFiled Order Denying Motion. Appellant Sandra Murphy has moved this court for leave to file a reply to the State's opposition to her motion for bail pending appeal. In resolving Murphy's motion for bail, this court will not rely on any facts not contained in or verified by the record. The motion for leave to file a reply is hereby denied. 02-14327
08/22/2002Order/ProceduralFiled Order Denying Motion. Denying Motion for Bail Pending Appeal. Appellant Sandra Renee Murphy has moved this court for bail pending appeal. The State opposes the motion. We deny appellant's motion for bail pending appeal. 02-14396
11/13/2002MotionFiled Motion. Defendant-Appellant Sandra Renee Murphy's Motion to Bring New Information to the Court's Attention. 02-19538
11/14/2002Notice/IncomingFiled Affidavit. Affidavit of Alan Dershowitz (affidavit contains original signature of Alan Dershowitz - motion filed on 11/13/02 contained photocopy signature). 02-19585
11/21/2002MotionFiled Response to Motion. State's Response to Appellant Miurphy's Motion to bring New Information to the Court's Attention. 02-20103
11/21/2002MotionFiled Motion. Motion to Supplement the Record. 02-20106
11/26/2002Order/ProceduralFiled Order Denying Motion. The State has filed a motion seeking permission to supplement the record with a copy of a transcript of the district court proceedings of May 10, 2000. On June 7, 2002, Mr. Terry complied with this court's request and submitted a certified copy of the transcript of the proceedings of May 10 2000. The clerk of this court filed the certified transcript on that same date. Because the transcript at issue is already part of the record before this court, the State's motion to supplement the record is hereby denied as moot. 02-20383
11/26/2002Notice/OutgoingIssued Letter. to District Attorney Stewart L. Bell. Returned unfiled, Respondent's Appendix (transcript of 5/10/00 jurty trial), received November 21, 2002.
11/27/2002MotionFiled Motion for Permission to File Document. Defendant-Appellant Sandra Renee Murphy's Motion for Permission to file a Reply to the State's Response in Opposition to Defendant-Appellant's Motion to Bring New Information to the Court's Attention. 02-20429
01/17/2003Order/ProceduralFiled Order. The Honorable Cliff Young, Senior Justice, is assigned to participate in the determination of this appeal. The Honorable Mark Gibbons, Justice, will not participate in the decision of this case. EN BANC-Agosti, C.J., Shearing, Rose, Leavitt, Becker, and Maupin, JJ., Young, Sr. J. 03-00969
07/14/2003Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded." fn 53-[Appellant Murphy filed a motion with this court during the pendency of this appeal "to bring new information to the court's attention." Attached to the motion were affidavits and photographs purporting to set forth new expert opinion evidence regarding the cause of Binion's death. The appellate court record in this case consists of the record made and considered in the district court below. This court cannot consider matters not properly appearing in the record on appeal and therefore cannot consider this new evidence. Therefore, we deny the motion.] fn 56-[The Honorable Cliff Young, Senior Justice, having participated in the oral argument and deliberation of this matter as Justice of the Nevada Supreme Court, was assigned to participate in the determination of this appeal following his retirement. Nev. Const. art 6, sec. 19; SCR 10. The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter. Before the Court EN BANC. Author: Rose, Robert E.. Majority: Rose/Agosti/Becker/Young. Concur/Dissent: Shearing. Dissent: Maupin/Leavitt. 119 Nev. Adv. Opn. No. 35. EN BANC. 03-11727
07/14/2003Other Other. Returned, unfiled, with letter to attorney Herb Sachs, the original "Proposed Exhibits" submitted on November 13, 2002, and "Reply to the State's Response" submitted on November 27, 2002
07/25/2003MotionFiled Motion to Extend Time. 03-12629
07/30/2003MotionFiled Motion. Defendant-Appellant Sandra Renee Murphy Motion for Bail. 03-12854
07/30/2003MotionFiled Response to Motion. Defendant-Appellant Sandra Renee Murphy's Opposition to the State's Motion to Enlarge Time Within Which to File a Motion for Rehearing. 03-12856
08/05/2003MotionFiled Response to Motion. Appellant Richard Bennett Tabish's Opposition to the State's Motion to Enlarge Time. 03-13102
08/06/2003Notice/IncomingFiled Proof of Service. --Amended Certificate of Service. 03-13175
08/06/2003MotionFiled Response to Motion. State's Response to Defendant-Appellant Sandra Murphy's Third Motion for Bail pending Appeal. 03-13176
08/11/2003MotionFiled Motion. Defendant-Appellant Sandra Renee Murphy's Motion for Permission to File a Reply to the State's Response to Her Motion for Bail. 03-13325
08/12/2003Order/ProceduralFiled Order Granting Motion. for an extension of time to file a petition for rehearing filed July 25, 2003. Appellants oppose the motion. This court has concluded that an extension of time is warranted. The State shall have to and including September 2, 2003, to file and serve a petition for rehearing. 03-13462
08/13/2003Order/ProceduralFiled Order Denying Motion. Appellant Sandra Murphy has filed a motion requesting this court to grant her release on bail pending appeal. We conclude that Murphy has failed to demonstrate that the question of bail cannot be fairly resolved in the district court in the first instance. The motion for bail is denied without prejudice to appellant's right to pursue her motion in the district court in the first instance. fn1[We grant Murphy[s motion for permission to file a reply. The clerk of this court shall file the reply provisionally submitted with the motion.] 03-13547
08/13/2003MotionFiled Reply to Response. Reply of Defendant-Appellant Sandra Murphy to the State's Response to Defendant-Appellant's Motion for Bail. 03-13326
09/03/2003Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Express Mail. 03-14807
09/05/2003Notice/IncomingFiled Notice. Appellant Tabish's Notice of Compliance with NRAP 40(d). 03-14910
09/09/2003MotionFiled Motion. Motion for Leave to File a Supplement to Petition for Rehearing. 03-15101
09/09/2003Post-Judgment PetitionReceived Supplement to Petition for Rehearing. 03-15102
09/10/2003MotionFiled Response to Motion. Appellant Tabish's Opposition to State's Motion for Leave to File a Supplement to the Petition for Rehearing. 03-15176
10/24/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[We grant the State's motion to file a supplemental petition for rehearing. The clerk of this court shall file the supplemental petition provisionally submitted with the motion.] NRAP 40(c). fn2[The Honorable Cliff Young, Senior Justice, having participated in the oral argument and deliberation of this appeal as Justice of the Nevada Supreme Court, was assigned to participate in the determination of this appeal and this rehearing following his retirement. Nev. Const. Art. 6, sec. 19; SCR 10. The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] EN BANC 03-17746
10/24/2003Post-Judgment PetitionFiled Supplement to Petition for Rehearing. 03-15102
11/18/2003RemittiturIssued Remittitur. 03-18088
11/18/2003Case Status Update Remittitur Issued/Case Closed.
12/04/2003RemittiturFiled Remittitur. Received by County Clerk on November 20, 2003. 03-18088