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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38724
Short Caption:TORRES (GEOVANNY) VS. STATECourt:Supreme Court
Related Case(s): 42541 , 52746
Lower Court Case(s):Clark Co. - Eighth Judicial District - C157632Classification: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:01/10/2003How Submitted:On Briefs

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Docket Entries
11/05/2001Filing Fee Filing Fee Waived.
11/05/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-18444
11/14/2001Docketing StatementFiled Docketing Statement. 01-18945
11/14/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: February 12, 2001. To Court Reporter: Margaret Cardwell. 01-18946
02/08/2002TranscriptFiled Transcript. Proceedings: February 12, 2001. Court Reporter: Margaret Cardwell. 02-02565
02/20/2002MotionFiled Stipulation and Order. Brief due: March 25, 2002. 02-03208
03/28/2002MotionFiled Motion to Extend Time. 02-05504
03/29/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed March 28, 2002. Appellant shall file and serve the opening brief and appendix by April 24, 2002. 02-05601
05/03/2002MotionFiled Motion to Extend Time. 02-07788
05/03/2002MotionFiled Motion and Order/Excess Pages. Granted: 35 pages. 02-07789
05/07/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed May 3, 2002. The clerk shall file the opening brief and appendix received on May 3, 2002. Respondent shall file and serve the answering brief within 30 days from the date of this order. 02-08001
05/07/2002BriefFiled Opening Brief. Mailed on: Express-No postmark. STRICKEN 01/03/03.
05/07/2002AppendixFiled Appendix to Opening Brief. Vols. 1 through 8. 02-07791
06/06/2002MotionFiled Stipulation and Order. Brief due: July 8, 2002. 02-09952
07/10/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-11710
08/12/2002BriefFiled Reply Brief. Mailed on: Express-No postmark. 02-13697
12/26/2002MotionFiled Motion. Notice of Error and Motion to File an Amended Opening Brief. 02-22086
01/03/2003Order/ProceduralFiled Order Granting Motion. On December 26, 2002, appellant filed a motion requesting leave to file an amended opening brief in order to correct an error contained in the opening brief filed on May 7, 2002. On that same date, appellant submitted the proposed amended opening brief. Our review of the amended opening brief reveals that it is nearly identical to the opening brief filed on May 7, 2002. Specifically, it appears that the only difference between the two briefs is that the amended opening brief deletes one sentence included in the original opening brief. Cause appearing, we grant the motion. The clerk of this court shall strike the opening brief previously filed on May 7, 2002, and file the amended opening brief received on December 26, 2002. 03-00177
01/03/2003BriefFiled Amended Brief. Appellant's Amended Opening Brief. 02-22087
01/10/2003Order/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. 03-00527
01/10/2003Case 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 conviction AFFIRMED." SNP03-MS/ML/NB 03-04397
04/11/2003RemittiturIssued Remittitur. 03-04619
04/11/2003Case Status Update Remittitur Issued/Case Closed.
04/28/2003RemittiturFiled Remittitur. Received by County Clerk on April 14, 2003. 03-04619
12/23/2004Order/ProceduralFiled Order. In reviewing the record on appeal in Torres' post-conviction appeal (in no. 42541), it came to our attention that rehearing may be warranted in no. 38724. The State shall have 30 days from the date of this order to show cause why this court should not recall the remittitur and sua sponte grant rehearing in this matter. 04-23403
01/31/2005MotionFiled Motion to Extend Time. To file Respondent's Answer to Order to Show Cause. 05-01999
02/07/2005Order/ProceduralFiled Order Granting Motion. The State has moved this court for an extension of time to file its response to this court's show cause order of December 23, 2004. Cause appearing, the motion is granted. The clerk of this court shall file the response provisionally submitted by the State on January 31, 2005. fn1[Appellant Torres' proper person motion for a confession of error is denied.] 05-02478
02/07/2005MotionFiled Response to Order to Show Cause. Answer to Order to Show Cause. 05-02001
03/25/2005Order/ProceduralFiled Order. Declining to Recall Remittitur or Grant Rehearing. On December 23, 2004, this court ordered the State to show cause why this court should not recall the remittitur and sua sponte grant rehearing in Docket No. 38724. After reviewing the State's answer, we conclude that recalling the remittitur and granting rehearing is not warranted in this matter. We note that Torres may raise a claim concerning the denial of his motion for a new trial based on newly discovered evidence in the district court in the first instance in a successive post-conviction petition for a writ of habeas corpus. Torres has a right to appeal to this court from any adverse decision of the district court on such a petition. 05-05875