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United States Court Cases

Nevada Supreme/Appellate Court Record

CUNNINGHAM (TIMOTHY) VS. STATE

Case Information: 38847
Short Caption:CUNNINGHAM (TIMOTHY) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C178907Classification: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:02/03/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/29/2001Filing Fee Filing Fee Waived.
11/29/2001Notice 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.) 01-19998
11/29/2001Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 10/25/01. Court Reporter: Carrie Hansen c/o Cathy Nelson. Filed in district court on: November 21, 2001. 01-19999
12/26/2001MotionFiled Motion to Extend Time. 01-21703
01/07/2002Order/ProceduralFiled Order Granting Motion. filed December 26, 2001. Counsel for appellant shall have 20 days from the date of this order to file and serve the fast track statement and appendix. 02-00343
01/29/2002MotionFiled Motion for Excess Pages. Motion for Leave to File a 16 Page Fast Track Statement. 02-01902
02/08/2002Order/ProceduralFiled Order Granting Motion. filed January 29, 2002. The clerk of this court shall file, forthwith, the fast track response provisionally submitted on January 29, 2002. 02-02604
02/08/2002Fast Track BriefFiled Fast Track Statement. 02-01904
02/08/2002AppendixFiled Appendix to Fast Track Statement. 02-01905
02/19/2002MotionFiled Motion for Excess Pages. Motion to File 18 Page Fast Track Response. 02-03099
02/25/2002Order/ProceduralFiled Order Granting Motion. filed February 19, 2002. The clerk shall file, forthwith, the fast track response provisionally submitted on February 19, 2002. 02-03445
02/25/2002Fast Track BriefFiled Fast Track Response. 02-03100
03/08/2002Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 40 days. fn1[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] Answering brief and reply brief shall be filed in compliance with NRAP 31. 02-04236
04/18/2002MotionFiled Stipulation and Order. Brief due: May 17th, 2002. 02-06925
05/16/2002MotionFiled Motion to Extend Time. 02-08698
05/21/2002Order/ProceduralFiled Order Granting Motion. filed May 16, 2002. Appellant shall file and serve the opening brief and, if necessary, a supplemental appendix by June 17, 2002. 02-08961
06/17/2002MotionFiled Motion and Order/Excess Pages. Granted: 31 pages. 02-10427
06/17/2002BriefFiled Opening Brief. Express mailbag-no postmark. 02-10428
07/19/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-12375
08/02/2002MotionFiled Stipulation and Order. Brief due: September 17, 2002. 02-13241
09/18/2002MotionFiled Motion to Extend Time. (Second Request-requested 7 days) 02-16234
09/25/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed September 18, 2002. The clerk of this court shall file the reply brief received on September 24, 2002. 02-16562
09/25/2002BriefFiled Reply Brief. Mailed on: Fed Ex 09/23/02. 02-16526
02/03/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 03-01764
02/03/2003Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB
03/17/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB 03-04398
04/03/2003MotionFiled Motion for Excess Pages. Motion for Leave to file 15 Page Petition for Rehearing. 03-05619
04/10/2003Order/ProceduralFiled Order Granting Motion. filed April 3, 2003. The clerk of this court shall file the 15-page petition for rehearing received on April 3, 2003. 03-06036
04/10/2003Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: FedEx 04/02/03. 03-05620
05/15/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP03-MS/ML/NB 03-08261
05/27/2003MotionFiled Motion for Stay. Motion for Stay of Remittitur Pending Application for Certiorari. 03-08844
05/28/2003Order/ProceduralFiled Order Granting Motion. filed May 27, 2003. We hereby stay the issuance of the remittitur until August 27, 2003. If the clerk of this court receives written notice by August 27, 2003, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by August 27, 2003, the remittitur shall issue on August 28, 2003. Fn1 [We have enlarged the requested stay period by 14 days to allow the clerk of the United State Supreme Court sufficient time after the filing of the certiorari petition to prepare and mail written notification to the clerk of this court.] 03-08943
08/18/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed August 8, 2003, and placed on the docket as No. 03-5794. 03-13702
10/16/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 03-17212
10/17/2003Order/ProceduralFiled Order. On May 28, 2003, this court stayed issuance of the remittitur in this appeal pending final disposition of appellant's petition for a writ of certiorari filed in the United States Supreme Court. On October 16, 2003, the clerk of this court received notice that the United States Supreme Court denied appellant's petition on October 6, 2003. Accordingly, we direct the clerk of this court to issue the remittitur in this appeal. 03-17279
10/17/2003RemittiturIssued Remittitur. 03-17298
10/17/2003Case Status Update Remittitur Issued/Case Closed.
10/29/2003RemittiturFiled Remittitur. Received by County Clerk on October 20, 2003. 03-17298