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United States Court Cases

Nevada Supreme/Appellate Court Record

D'AGOSTINO (FRANK) VS. STATE

Case Information: 35178
Short Caption:D'AGOSTINO (FRANK) VS. STATECourt:Supreme Court
Related Case(s): 73911 , 73911-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C95335Classification:Criminal Appeal - Life - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:03/23/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/23/1999Filing Fee Filing Fee Waived.
11/23/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for Appellant). 99-11729
11/29/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 99-11822
12/06/1999Docketing StatementFiled Docketing Statement. 99-12174
01/24/2000Order/ProceduralFiled Order. To date, appellant has failed to file either a transcript request form or a certificate of no transcript request. Appellant shall, within 10 days of the date of this order, file and serve the required document. 00-01134
02/04/2000Transcript RequestFiled Certificate of No Transcript Request. 00-01809
02/09/2000Notice/IncomingFiled Notice. Change of Address for attorney Dominic P. Gentile. 00-02077
03/23/2000MotionFiled Motion to Extend Time. 00-04665
03/29/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for a 93 day extension of time, to and including June 23, 2000, within which to file and serve the opening brief and appendix. No further extensions shall be permitted in the absence of extreme and unforeseeable circumstances. 00-05064
06/19/2000MotionFiled Motion to Extend Time. 00-10480
06/26/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for a 53 day extension of time, to and including August 15, 2000, to file and serve the opening brief and appendix. No further extensions shall be permitted in the absence of extreme and unforeseeable circumstances. 00-10894
08/16/2000MotionFiled Motion to Extend Time. 00-14343
08/25/2000Order/ProceduralFiled Order/Motion Granted in Part. We partially grant appellant's motion to a 39 day extension of time. Appellant shall have a 30 days extension of time, to and including September 14, 2000, within which to file and serve the opening brief and appendix. 00-14938
09/15/2000MotionFiled Motion to Extend Time. 00-16308
09/25/2000MotionFiled Motion for Excess Pages. Motion for Leave to File Excess Page Brief. 00-16831
11/06/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's unopposed motions. The clerk of this court shall forthwith file the one hundred twenty-six page opening brief and appendix submitted provisionally on September 25, 2000. 00-19456
11/06/2000BriefFiled Opening Brief. 00-16832
11/06/2000AppendixFiled Appendix to Opening Brief. Volumes 1 through 11. 00-16836
12/08/2000MotionFiled Motion for Excess Pages. Motion for Leave to File a 82 page Answering Brief. 00-21481
01/11/2001Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file respondent's 82 page answering brief and appendix received provisionally on December 8, 2000. 01-00600
01/11/2001BriefFiled Answering Brief. Mailed on: Express Mail-no postmark. 00-21482
01/11/2001AppendixFiled Appendix to Answering Brief. 00-21484
01/26/2001MotionFiled Motion and Order Extending Time. Brief due: February 16, 2001. 01-01737
03/09/2001Order/ProceduralFiled Order. To date, appellant has failed to file a reply brief. Failure to file a reply brief is treated as a waiver of the right to file a reply brief. Accordingly, briefing is deemed completed in this appeal. 01-04289
03/09/2001Case Status Update Submitted for Decision. Opening and Answering Briefs.
03/15/2001MotionFiled Motion. Motion for Leave to File Reply Brief. 01-04608
03/23/2001Order/ProceduralFiled Order Granting Motion. On March 9, 2001, this court entered an order wich treated appellant's failure to file a reply brief as a waiver of the right to file such a brief and noted that briefing is deemed completed. On March 15, 2001, appellant filed a motion requesting this court to vacate the order entered on March 9, 2001, and for leave to file a reply brief. We vacate that portion of our March 9, 2001, order which noted that briefing is completed with the filing of the opening and answering birefs. The clerk of this court shall file appellant's reply brief received on March 15, 2001. With the filing of the reply brief, briefing is now completed in this appeal. 01-05151
03/23/2001BriefFiled Reply Brief. Mailed on: 3/13/01 LV drop box. 01-04614
03/23/2001Case Status Update Submitted for Decision. Opening, Answering and Reply Briefs.
09/10/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP02-MS/RR/NB 02-15668
10/08/2002RemittiturIssued Remittitur. 02-15805
10/08/2002Case Status Update Remittitur Issued/Case Closed.
10/21/2002RemittiturFiled Remittitur. Received by County Clerk on October 10, 2002. 02-15805