| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/23/1999 | Filing Fee | Filing Fee Waived. | | |
| 11/23/1999 | 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). | | 99-11716
|
| 12/17/1999 | Notice/Incoming | Filed Notice. Certificate of Compliance with NRAP 3C(c ). | | 99-12851
|
| 12/17/1999 | Motion | Filed Motion to Extend Time. Motion for Leave to File Docketing Satement Late. | | 99-12852
|
| 12/30/1999 | Order/Procedural | Filed Order Extending Time. The clerk of this court shall forthwith file the docketing statement received on December 17, 1999. This matter shall be briefed pursuant to the briefing schedule set forth in NRAP 31(a)(1). | | 99-13381
|
| 12/30/1999 | Docketing Statement | Filed Docketing Statement. | | |
| 01/13/2000 | Transcript | Filed Transcript. 07/19/99; 07/20/99; 07/21/99; 07/22/99; 07/23/99; 07/26/99; 07/27/99; Vol. 1; 07/21/99, Vol. II; 07/22/99, Vol. III; 07/23/99, Vol. IV; 07/26/99, Vol. V; and 07/27/99, Vol. VI Proceedings: Court Reporter: Cathy Nelson. | | 00-00614
|
| 03/03/2000 | Order/Procedural | Filed Order. Appellant shall, within 15 days of the date of this order, file and serve either a transcript request form or a certificate of no transcript request. Counsel need not request copies of transcripts which have already been filed with this court. | | 00-03354
|
| 03/06/2000 | Transcript | Filed Transcript. Proceedings: July 26, 1999 Court Reporter: Cathy Nelson. | | 00-03547
|
| 03/31/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: July 13 and 14, 1999. To Court Reporter: Joe D'Amato. | | 00-05242
|
| 03/31/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: July 19, 20, 21, 22, 23, 26 and 27, 1999. To Court Reporter: Kathy Nelson. | | 00-05243
|
| 03/31/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: October 27 and 28, 1998. To Court Reporter: Kris Remakel. | | 00-05244
|
| 03/31/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: October 20, 1998. To Court Reporter: Sherry Graham. | | 00-05245
|
| 04/13/2000 | Order/Procedural | Order. Court reporters Joe D'Amato, Kris Remakel, and Sherry Graham shall have 30 days from the date of this order to comply with NRAP 9(b). fn1[The fourth transcript request form was directed to court reporter Kathy Nelson. The transcripts requested in that form were previously filed in this court by court reporter Nelson on January 13, 2000.] | | 00-05954
|
| 04/20/2000 | Order/Procedural | Filed Order. Appellant shall, within 15 days of the date of this order, file and serve either the opening brief and appendix or a motion for an extension of time. Failure to comply with this order in a timely manner may result in the imposition of sanctions against counsel for appellant. | | 00-06367
|
| 05/04/2000 | Transcript | Filed Transcript. Proceedings: 07/13/99 Court Reporter: Joseph A. D'Amato. | | 00-07263
|
| 05/15/2000 | Motion | Filed Motion to Extend Time. | | 00-08044
|
| 05/24/2000 | Transcript | Filed Transcript. Proceedings: October 20, 1998; October 27, 1998; and October 28, 1998. Court Reporter: Kris Remakel. | | 00-08705
|
| 05/30/2000 | Order/Procedural | Filed Order. fn1[Appellant's transcript request form requested court reporter Graham to prepare the transcript of proceedings held on October 20, 1998, and court reporter Remakel to prepare the transcripts for proceedings held on October 27 and 28, 1998. Court reporter Remakel having filed all three transcripts, it appears that no further transcripts are due from court reporter Graham.] Court reporter Joe D'Amato shall, within 15 days from the date of this order, serve and file the transcript held on July 14, 1999 or a motion for an extension of time. Failure to comply with this order may result in the imposition of sanctions. On May 15, 2000, appellant filed a motion for an extension of time, to and including June 15, 2000, to file the opening brief. We grant appellant's motion. | | 00-08998
|
| 06/07/2000 | Transcript | Filed Transcript. Proceedings: July 13, 1999. Court Reporter: Joseph A. D'Amato. | | 00-09634
|
| 06/19/2000 | Motion | Filed Motion to Extend Time. (Second). | | 00-10428
|
| 07/11/2000 | Order/Procedural | Filed Order. A review of the district court docket sheet indicates that no trial was held on July 14, 1999, the date requested by appellant. We vacate that portion of our order entered on June 30, 2000, directing court reporter D'Amato to file a certified copy of the transcript for July 14, 1999. Unless we are informed otherwise in writing by appellant within 10 days from the date of this order, we will deem all required transcripts to to have been filed in this appeal. On June 19, 2000, appellant filed a second motion to enlarge time to file the opening brief. We grant appellant's motion. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. | | 00-11917
|
| 07/17/2000 | Motion | Filed Motion to Extend Time. | | 00-12343
|
| 09/05/2000 | Motion | Filed Motion to Extend Time. Disclosure and Supplementary Motion for Enlargement of Time. | | 00-15604
|
| 09/19/2000 | Order/Procedural | Filed Order Granting Motion. On June 19, 2000, appellant filed a second motion for an extension of time to file the opening brief. On July 11, 2000, this court granted appellant's motion, extending the time to file the opening brief to July 24, 2000. In that order we also vacated that portion of our order of June 30, 2000, directing court reporter Joe D'Amato to file a certified copy of the transcript for July 14, 1999, because no trial was held on that date. We further specified that unless appellant informed this court otherwise in writing within ten days of the date of that order, we would consider all transcripts filed in this appeal. On July 17, 2000, appellant filed a third motion for an extension of time to file the opening brief. On September 5, 2000,appellant filed a 'disclosure and supplementary motion for enlargement of time. We grant appellant's 'supplementary' motion filed on September 5, 2000. Appellant shall have to and including October 13, 2000, in which to file the opening brief and appendix in this appeal. We deny as moot appellant's motion of July 17, 2000. We caution appellant's counsel that further dereliction in the prosecution of this appeal may result in the imposition of sanctions. | | 00-16551
|
| 09/29/2000 | Transcript | Filed Transcript. Proceedings: July 13, 1999 and July 16, 1999. Court Reporter: Joseph A. D'Amato. | | 00-17241
|
| 10/19/2000 | Motion | Filed Motion to Extend Time. Appellant's Fourth Motion for Enlargement of Time. | | 00-18557
|
| 10/24/2000 | Letter/Incoming | Filed Letter. from appellant's wife, Aurora McCall, regarding attorney Gary Gowen. | | 00-18801
|
| 04/05/2001 | Order/Procedural | Filed Order. We deny the fifth motion for an extension of time as moot. Nevertheless, we grant appellant 10 days from the date of this order to file and serve the opening brief and appendix. No further extensions of time shall be permitted in the absence of extreme and unforeseeable circumstances. We conclude that attorney Gowen's derelictions in prosecuting this appeal warrant the imposition of sanctions. Attorney Gary E. Gowen shall personally pay the sum of $250 to the Supreme Court Law Library and shall, within 15 days from the date of this order, file with the clerk of this court an affidavit or certificate verifying that such payment has been made. Failure to comply fully with this order in a timely manner may result in the imposition of additional sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. | | 01-05872
|
| 04/20/2001 | Motion | Filed Motion to Extend Time. Appellant's Motion for Enlargement of Time [to file] His Opening Brief by an Additional Fifteen Days. | | 01-06754
|
| 04/23/2001 | Notice/Incoming | Filed Notice. Counsel's Response to Order for Sanctions. Payment of the sum of $250.00 to the Supreme Court Librarian, Check No. 3461 drawn upon the Nevada State Bank, and dated April 18, 2001. | | 01-06850
|
| 04/27/2001 | Order/Counsel | Filed Order/Sanctions. On April 20, 2001, attorney Gowen filed an untimely motion for a sixth extension of time to file and serve the opening brief and appendix. Attorney Gowen specifically requests an extension to and including April 30, 2001. We conclude that attorney Gowen has not demonstrated extreme and unforeseeable circumstances to support his motion. Nevertheless, in the interests of judicial economy, we grant the motion. Appellant shall have to and including April 30, 2001, to file and serve the opening brief and appendix. We conclude that attorney Gowen's continued derelictions in prosecuting this appeal warrant the imposition of additional sanctions. Attorney Gary E. Gowen shall personally pay the sum of $500 to the Supreme Court Law Library and shall, within 15 days from the date of this order, file with the clerk of this court an affidavit or certificate verifying that such payment has been made. fn1[On April 23, 2001, attorney Gowen filed proof of payment of the $250 sanction imposed in our April 5, 2001, order. The $500 sanction imposed by this order is an additional sanction imposed against attorney Gowen.] Failure to comply fully with this order in a timely manner may result in the imposition of additional sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. | | 01-07089
|
| 05/02/2001 | Notice/Outgoing | Issued Letter. in response to letter received 10/24/00 by appellant's wife, Aurora McCall, regarding attorney Gary Gowen. | | 01-07384
|
| 05/02/2001 | Motion | Filed Motion to Extend Time. Appellant's Motion for Leave to File his Opening Brief on May 2, 2001, and for Leave to File an Opening Brief having 45 Pages. | | 01-07398
|
| 05/10/2001 | Order/Procedural | Filed Order Granting Motion. We grant appellant's motion filed on May 2, 2001. The clerk of this court shall file the forty-five opening brief received on May 2, 2001. We note that the opening brief submitted by appellant was not accompanied by an appendix. Appellant shall have 10 days from the date of this order to file and serve an appendix in compliance with NRAP 30 and within the same time period, show cause why this court should not refer him to the State Bar of Nevada for his failure to fully comply with orders of this court. Failure to fully comply with this order in a timely manner may result in the imposition of sanctions. | | 01-07819
|
| 05/10/2001 | Brief | Filed Opening Brief. Hand delivered 05/02/01. | | 01-07399
|
| 05/14/2001 | Motion | Filed Motion to Extend Time. Motion to Enlarge Time to Pay Sanctions. | | 01-08002
|
| 05/14/2001 | Motion | Filed Motion. Motion to for Order directing the District Court Clerk to Transmit Exhibits. State's: 40, 46, and 51; Defense Exhibit "C"; and Defendant's Exhibit "D". Additionally appellant requests the three jury instructions which were proffered by Defendant, but which were refused. | | 01-08003
|
| 05/14/2001 | Motion | Filed Motion to Extend Time. Motion to Enlarge the time within which Appellant must file his Appendix to his Opening Brief. | | 01-08005
|
| 05/14/2001 | Appendix | Filed Appendix to Opening Brief. Appellant's Appendix Volume 1. | | 01-08006
|
| 05/17/2001 | Motion | Filed Response to Order to Show Cause. Response to Court's Order to File Appendix. | | 01-08223
|
| 05/29/2001 | Transcript | Filed Transcript. Proceedings: September 20, 1999. Court Reporter: Cat Nelson. | | 01-08925
|
| 06/07/2001 | Motion | Filed Motion and Order Extending Time. Brief due: June 25, 2001. | | 01-09546
|
| 06/19/2001 | Order/Procedural | Filed Order. We grant Mr. Gowen's motion of May 14, 2001, for an extension of time to pay the sanction. Mr. Gowen shall have 10 days from the date of this order to pay the five hundred dollar sanction. On May 14, 2001, appellant filed a motion for an extension of time to file the appendix and submitted the appendix. Because the appendix was timely submitted, it was filed upon receipt. Accordingly, we deny appellant's motion for an extension of time to file the appendix as moot. On May 17, 2001, Mr. Gowen filed a response to the order to show cause filed on May 10, 2001. Based on Mr. Gowen's response, we conclude that referral to the State Bar is not warranted at this time. We caution Mr. Gowen, however, that continued failure to comply with the Nevada Rules of Appellate Procedure or continued failure to comply with orders of this court in a timely manner may result in the imposition of sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. We grant appellant's motion filed May 14, 2001, to transmit exhibits. The district court clerk shall, within 30 days of the date of this order, certify and transmit to the clerk of this court the original exhibits: State's No. 40, No. 46 and No. 51; Defense C; Defendant's D; and three jury instructions proffered by Defendant but which were refused. | | 01-10273
|
| 06/26/2001 | Motion | Filed Motion and Order/Excess Pages. Granted: 34 pages. | | 01-10750
|
| 06/26/2001 | Brief | Filed Answering Brief. Mailed on: Express-No Postmark. | | 01-10751
|
| 06/26/2001 | Appendix | Filed Appendix to Answering Brief. | | 01-10752
|
| 06/29/2001 | Notice/Incoming | Filed Proof of Payment of Sanction. Counsel's Response to Order for Supplementary Sanctions (Proof of Payment - check no. 3493 in the amount of $500.00). | | 01-11051
|
| 07/20/2001 | Motion | Filed Motion and Order Extending Time. Brief due: August 15, 2001. | | 01-12382
|
| 08/16/2001 | Motion | Filed Motion to Extend Time. | | 01-13982
|
| 08/22/2001 | Order/Procedural | Filed Order Granting Motion. filed August 16, 2001. Appellant shall have 30 days from the date of this order to file and serve the reply brief. | | 01-14273
|
| 10/29/2001 | Motion | Filed Motion to Extend Time. | | 01-18119
|
| 10/30/2001 | Order/Procedural | Filed Order Granting Motion. filed October 29, 2001. Appellant shall have 10 days from the date of this order to file and serve the reply brief. Failure to timely file a reply brief may be treated as a waiver of the right to file a reply brief. | | 01-18191
|
| 11/01/2001 | Motion | Filed Motion to Extend Time. | | 01-18349
|
| 11/02/2001 | Brief | Filed Reply Brief. Mailed on: 10/31/01. | | 01-18357
|
| 11/07/2001 | Order/Clerk's | Filed Clerk's Order. seeking a one day extension of time to file the reply brief filed November 1, 2001. Pursuant to the order of this court entered on October 30, 2001, the reply brief was not due until November 8, 2001. The reply brief having been timely filed on November 2, 2001, the motion is denied as moot. | | 01-18558
|
| 11/08/2001 | Motion | Filed Motion. Motion for Oral Argument. | | 01-18680
|
| 11/16/2001 | Order/Procedural | Filed Order Denying Motion. On November 8, 2001, appellant filed a motion requesting that this appeal be scheduled for oral argument before the en banc court. We deny appellant's motion. If this court determines upon review of the briefs, appendices and appellate court record that orl argument may be beneficial to a resolution of this appeal, oral argument may be schedule at that time. | | 01-19227
|
| 12/20/2001 | Notice/Outgoing | Issued Letter. to Clark County Clerk regarding Transmission of Transcript. Due date: 20 days. | | |
| 01/03/2002 | Transcript | Filed Rough Draft Transcript of Proceedings. Proceedings: 10/20/98 (2). Court Reporters: Sherry L. Graham and Kris Remakel. | | 02-00183
|
| 02/25/2002 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 8, 2002, at 9:30 a.m. (NNP02-MS/RR/NB) | | |
| 03/19/2002 | Motion | Filed Motion. Motion to Enlarge the Time for Oral Argument. Thirty minutes per side. | | 02-04925
|
| 03/26/2002 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 04/01/2002 | Order/Procedural | Filed Order Denying Motion. We deny appellant's motion to enlarge the time for oral argument. Argument shall remain scheduled for April 8, 2002, at 9:30 a.m. and shall be limited to 30 minutes. | | 02-05695
|
| 04/08/2002 | Case Status Update | Submitted for Decision. Argued by: Gary E. Gowen for Appellant and Marc P. DiGiacomo, Deputy District Attorney for Respondent. NNP02-MS/RR/NB. | | |
| 07/10/2002 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." SNP02-MS/RR/NB
10/09/02 Order Denying Rehearing and Correcting Prior Order of Affirmance. We reverse the deadly weapon enhancements applied to appellant's convictions of robbery and first degree kidnapping, and we remand this appeal to the district court with instructions to vacate those enhancements. For the reasons stated in our prior order of affirmance, appellant's judgment of conviction is affirmed in all other respects. | | 02-11727
|
| 08/05/2002 | Motion | Filed Motion to Extend Time. Appellant's Amended Motion to Enlarge Time to File Motion for Rehearing. | | 02-13340
|
| 08/09/2002 | Order/Procedural | Filed Order Granting Motion. filed August 5, 2002. The clerk shall file the petition for rehearing that was received on August 7, 2002. | | 02-13645
|
| 08/09/2002 | Post-Judgment Petition | Filed Petition for Rehearing. | | 02-13471
|
| 10/09/2002 | Post-Judgment Order | Filed Order/Rehearing Denied. Correcting Prior Order of Affirmance, and Remanding with Instructions to Vacate Deadly Weapon Enhancements. Having reviewed the petition for rehearing filed in this appeal, we have concluded that rehearing is not warranted. "We deny the petition." We have concluded that the evidence presented at trial was insufficient to support the jury's finding that appellant used a deadly weapon in the commission of those offenses. We hereby correct our prior order of affirmance. We reverse the deadly weapon enhancements applied to appellant's convictions of robbery and first degree kidnapping, and we remand this appeal to the district court with instructions to vacate those enhancements. For the reasons stated in our prior order of affirmance, appellant's judgment of conviction is affirmed in all other respects. NNP02-MS/RR/NB | | 02-17440
|
| 10/18/2002 | Post-Judgment Petition | Filed Petition for En Banc Reconsideration. Mailed on: October 16, 2002. | | 02-18145
|
| 10/30/2002 | Post-Judgment Order | Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. Accordingly, we "ORDER the petition DENIED." EN BANC | | 02-18659
|
| 11/05/2002 | Remittitur | Issued Remittitur. Returned Exhibits: State's No. 40 (911 tape recording), State's No. 46 (partial transcript of State's exhibit 40); State's No. 51 (photo); Defense C (photo); and Defense D (photos of nongaming card, driver's license & health permit); and three jurt instructions proferres by Defendant but which were refused this day. | | 02-18796
|
| 11/05/2002 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 12/20/2002 | Remittitur | Filed Remittitur. Received by County Clerk on November 7, 2002. | | 02-18796
|