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United States Court Cases

Nevada Supreme/Appellate Court Record

GALLEGO (GERALD) VS. STATE (DEATH PENALTY)

Case Information: 35291
Short Caption:GALLEGO (GERALD) VS. STATE (DEATH PENALTY)Court:Supreme Court
Lower Court Case(s):Pershing Co. - Eleventh Judicial District - 5862
Pershing Co. - Eleventh Judicial District - 5861
Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Maupin, YoungCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/08/2001 at 10:30 AMOral Argument Location:Carson City
Submission Date:02/08/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/14/1999Filing Fee Filing Fee Waived.
12/14/1999Record on Appeal DocumentsFiled Record on Appeal. Volumes 1 through 11 and 18 through 34. 99-12610
12/15/1999Other Other. Docketing statement mailed to counsel for Appellant.
12/21/1999Record on Appeal DocumentsFiled Record on Appeal Copy. Volume 35. Mailed on 12/20/99. 99-12999
12/28/1999Docketing StatementFiled Docketing Statement. 99-13290
01/07/2000Order/ProceduralFiled Order. This is an automatic appeal from a judgment pursuant to a jury verdict imposing the death penalty. Appellant has submitted to this court proper person documents seeking an order removing his present counsel as counsel of record and permission to represent himself on appeal. Because appellant is represented by competent counsel in this appeal, we decline to grant him permission to proceed in proper person. We direct the clerk to return to appellant unfiled all proper person documents received to date in this appeal. Appellant shall proceed hereafter by and through counsel and shall address all concerns relating to this appeal to his court-appointed counsel. 00-00248
01/07/2000Notice/OutgoingIssued Letter. Returned unfiled with letter to appellant Gallego: original Proper Person Letter received 12/20/99; original Proper Person Motion received 12/27/99; and original Proper Person Letter received 12/30/99. 00-00254
02/22/2000MotionFiled Motion to Extend Time. 00-02772
03/03/2000Order/ProceduralFiled Order Granting Motion. Appellant's may have to and including April 24, 2000, to file and serve the opening brief. 00-03385
04/24/2000MotionFiled Motion to Extend Time. Second Motion. 00-06581
04/27/2000Order/ProceduralFiled Order Extending Time. Brief due: May 24, 2000. 00-06855
05/24/2000MotionFiled Motion for Excess Pages. 00-08686
05/24/2000MotionFiled Motion. Motion for an Order Directing the Transmission of Exhibits to the Nevada Supreme Court. 00-08688
06/19/2000Order/ProceduralFiled Order. On May 24, 2000, appellant filed a motion for an order directing the transmission of exhibits and a motion to permit filing of a brief iin excess of thirty pages. We grant both of the unopposed motions. The district court clerk shall transmit to this court, within 30 days, exhibits identified as "court's exhibits A, B, and C; and defense exhibits R, S, T, U, V, W, X, and Y." The clerk shall file the fifty three-page opening brief provisionally received on May 24, 2000. 00-10390
06/19/2000BriefFiled Opening Brief. 00-08689
06/21/2000Notice/IncomingFiled Notice. Errata to Appellant's Opening Brief. Corrected Table of Contents (placed original in correspondence filed and a copy in briefs). 00-10655
07/03/2000MotionFiled Motion to Extend Time. 00-11289
07/10/2000Order/ProceduralFiled Order Granting Motion. We grant respondent's motion for an extension of time, to and including September 22, 2000, to serve and file the answering brief. 00-11665
09/21/2000Order/ProceduralFiled Order. To date the requested exhibits have not been received by this court. Accordingly, we direct the district court to transmit the requested exhibits to this court within 10 days from the date of this order. 00-16679
09/22/2000BriefFiled Answering Brief. Mailed on: 9/20/00. 00-16809
09/29/2000ExhibitFiled Exhibits (copies). Court Exhibits: A, B and C; Defense Exhibits: R, S, T, U, V, W, X and Y. 00-17206
11/02/2000OtherDisqualification of Justice Young.
11/06/2000MotionFiled Motion to Extend Time. 00-19508
11/20/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for an extension of time, to and including January 5, 2001, to file and serve a reply brief. 00-20292
12/20/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 8, 2001 at 10:30 a.m. (En Banc)
01/05/2001BriefFiled Reply Brief. Mailed on: Hand delivered 01/05/01. 01-00300
01/08/2001Notice/IncomingFiled Notice of Association of Counsel. Brent T. Kolvet of the law firm of Thorndal, Armstrong, Delk, Balkenbush & Eisinger hereby associates with the Pershing County District Attorney as counsel for the purpose of arguing the Appeal before the Nevada Supreme Court. 01-00441
01/18/2001OtherDisqualification of Justice Maupin. Law firm of Thorndal, Armstrong, Delk, Balkenbush & Eisinger.
01/18/2001Notice/OutgoingIssued Letter. Regarding Notice of Association of Counsel (Thorndal, Armstrong, Delk, Balkenbush & Eisinger Law Firm).
01/24/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
01/25/2001Notice/IncomingFiled Notice. Supplemental Notice of Association of Counsel. (Brent T. Kolvet) 01-01672
02/08/2001Case Status Update Submitted for Decision. EN BNAC-MS/DA/RR/ML/NB
05/17/2001Opinion/DispositionalFiled Authored Opinion. "Affirmed." fn52[The Honorable A. William Maupin, Chief Justice, and the Honorable Cliff Young, Justice, did not participate in the decision of this appeal.] Before the Court En Banc. By the Court, Shearing, J. 117 Nev. Adv. Opn. No. 33. EN BANC. 01-08187
06/04/2001Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Hand Dellivered. 01-09281
06/05/2001Notice/OutgoingIssued Notice to Provide Proof of Service. Need service on attorney Brent Kolvet. Due date: 5 days.
06/06/2001Notice/IncomingFiled Proof of Service. of Petition for Rehearing on attorney Brent Kolvet. 01-09456
07/10/2001Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn2[The Honorable A. William Maupin, Chief Justice, and the Honorable Cliff Young, Justice, did not participate in the decision of this appeal.] EN BANC-MS/DA/RR/ML/NB 01-11639
07/13/2001MotionFiled Motion for Stay. Motion to Stay Issuance of Remittitur. 01-11934
07/17/2001Order/ProceduralFiled Order Granting Motion. filed July 13, 2001. We stay the issuance of the remittitur until October 8, 2001, pending appellant's application for a writ of certiorari to the United States Supreme Court. If during this period, the clerk of this court receives notice from the clerk of the United States Supreme court that appellant has filed a petition for a writ of certiorari, this stay shall continue in effect until final disposition of the certiorari proceedings. If no such notice is received, the clerk of this court shall issue the remittitur on October 18, 2001. 01-12117
10/22/2001Notice/IncomingFiled Notice. Notice to the Court. A certiorari petition will not be filed in the US Supreme Court. 01-17759
10/24/2001Order/ProceduralFiled Order. On July 17, 2001, this court entered an order granting appellant's motion to stay the remittitur pending appellant's application for a writ of certiorari to the United States Supreme Court. On october 22, 2001, counsel for appellant filed a notice informing this court that the appellant has "instructed [him] not to file the petition" with the United States Supreme court. The clerk of this court shall issue the remittitur forthwith. 01-17906
10/24/2001RemittiturIssued Remittitur. Returned Record on Appeal, Vols. 1 through 11, 18 through 34 and 35 this day. Returned Exhibits: Court Exhibits: A, B and C; Defense Exhibits: R, S, T, U, V, W, X and Y this day. 01-17908
10/24/2001Case Status Update Remittitur Issued/Case Closed.
11/01/2001RemittiturFiled Remittitur. Received by County Clerk on October 29, 2001. 01-17908