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United States Court Cases

Nevada Supreme/Appellate Court Record

STATE VS. ALLEN (RUTH)

Case Information: 38741
Short Caption:STATE VS. ALLEN (RUTH)Court:Supreme Court
Lower Court Case(s):Humboldt Co. - Sixth Judicial District - CR004350Classification:Criminal Appeal - Other - Suppression
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/14/2002 at 10:30 AMOral Argument Location:Carson City
Submission Date:05/16/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/06/2001Filing Fee Filing Fee Waived.
11/06/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal from Grant of Motion to Suppress. Appeal docketed in the Supreme Court this day. 01-18533
11/07/2001TranscriptFiled Transcript. Proceedings: September 13, 2001. Court Reporter: Lee M. Bahr. 01-18588
11/07/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 01-18614
11/19/2001Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 9/13/01. Court Reporter: Lee Bahr. Filed in district court on: 11/16/01. 01-19338
11/21/2001Order/ProceduralFiled Order. This is an appeal from an order of the district court granting respondent's motion to suppress evidence. Appellant shall have 10 days from the date of this order to file points and authorities setting forth more fully the basis for the district's order. Respondent shall have 10 days thereafter to file opposing points and authorities. Upon receipt of these authorities, the court will determine whether to entertain the appeal. fn2[The deadlines for the filing of documents pursuant to NRAP 3C re suspended until further order of this court.] 01-19649
12/04/2001MotionFiled Response to Order to Show Cause. Appellant's Points and Authorities for Good Cause in Response to Supreme Court Order. 01-20277
12/14/2001MotionFiled Response to Motion. Opposition to Appellant's Preliminary Showing of Good Cause. 01-21102
01/24/2002Order/ProceduralFiled Order/Briefing Schedule. Order Directing Full Briefing. This is an appeal from an order of the district court granting respondent's motion to suppress evidence. Having considered the documents filed, we conclude that there may be a miscarriage of justice if this appeal is not entertained. We conclude that this appeal should proceed. All proceedings in the district court in this case are stayed, pending this court's disposition of this appeal. We have further determined that full briefing will assist the court in the disposition of this appeal. The appellant shall file and serve the opening brief fn2[The parties need not file a new appendix and may utilize the appendix to the points and Authorities filed. If a party's will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] and appendix within 40 days after the date of this order. fn3[Neither party has objected to the sufficiency of the rough draft transcripts to adequately inform this court of the issues raised in this appeal. We suspend the requirement in NRAP 9 for counsel to file a certified transcript in this appeal. Should either party cite to portions of transcripts not previously filed in this court, the party shall file a transcript request form for the necessary transcripts.] The answering brief and reply brief shall be filed in compliance with NRAP 31. 02-01618
03/06/2002BriefFiled Opening Brief. Mailed on: 03/04/02. Signed by: Conrad Hafen. 02-04049
04/01/2002BriefFiled Answering Brief. Mailed on: 03/29/02. Signed by: Jack T. Bullock, II. 02-05783
04/23/2002BriefFiled Reply Brief. Mailed on: 04/22/02. Signed by: Conrad Hafen. 02-07198
08/22/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 14, 2002, at 10:30 a.m. (NNP03Y-RR/CY/DA)
09/30/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
10/14/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03Y-RR/CY/DA
12/19/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before Young, C.J., Rose and Agosti, JJ. Per Curiam. 118 Nev. Adv. Opn. No. 84. NNP03Y. 02-21691
01/03/2003Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 1/2/03. Filed by Humboldt Co. District Attorney 03-00143
01/08/2003Post-Judgment PetitionFiled Supplement to Petition for Rehearing. Filed by Attorney General 03-00417
02/06/2003Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[This matter was decided by a panel of this court comprised of Justices Rose, Agosti, and Young, Justice Young's term of office having expired January 6, 2003, he did not participate in the decision of this petition for rehearing.] NNP03Y-DA/RR 03-02089
02/13/2003Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Mailed on: 02/12/03. 03-02519
03/04/2003RemittiturIssued Remittitur. 03-02188
03/04/2003Case Status Update Remittitur Issued/Case Closed.
03/10/2003MotionFiled Motion. Motion to Recall Remittitur. 03-03994
03/11/2003RemittiturFiled Remittitur. Received by County Clerk on March 5, 2003. 03/13/03 ORDER: REMITTITUR RECALLED. 03-02188
03/13/2003Order/ProceduralFiled Order. Order Directing Answer to Petition for En Banc Reconsideration and Recalling Remittitur. Respondent shall have 15 days from the date of this order to file and serve an answer to the petition for en ban reconsideration. We recall the remittitur and stay its issuance pending resolution of the petition for en banc reconsideration. 03-04215
03/13/2003MotionFiled Response to Motion. Opposition to Motion to Recall Remittitur. 03-04294
03/27/2003Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. Respondent's Answer to Petition for En Banc Reconsideration. 03-05181
05/16/2003Post-Judgment OrderFiled Order Granting En Banc Reconsideration. Having reviewed appellant's petition and respondent's answr thereto, two justices of this court have determined that en banc reconsideration is warranted. We grant the petition for en banc reconsideration and submit this matter for decision on reconsideration without further briefing or oral argument. See NRAP 40A(f). 03-08351
05/16/2003Case Status Update Submitted for Decision. Submitted on reconsideration without further briefing or oral argument.
05/21/2003Opinion/DispositionalFiled Opinion on Reconsideration. "Affirmed." fn20[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] Before the Court EN BANC. Author: Per Curiam. 119 Nev. Adv. Opn. No. 22. EN BANC. 03-08560
06/17/2003RemittiturIssued Remittitur. 03-08639
06/17/2003Case Status Update Remittitur Issued/Case Closed.
06/25/2003RemittiturFiled Remittitur. Received by County Clerk on June 18, 2003. 03-08639