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United States Court Cases

Nevada Supreme/Appellate Court Record

HONEYCUTT (TODD) VS. STATE C/W 35468

Case Information: 35466
Short Caption:HONEYCUTT (TODD) VS. STATE C/W 35468Court:Supreme Court
Consolidated:35466*, 35468 Related Case(s): 44430
Lower Court Case(s):Clark Co. - Eighth Judicial District - C156839Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:04/09/2001 at 11:30 AMOral Argument Location:Carson City
Submission Date:04/09/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/10/2000Filing Fee Filing Fee Waived.
01/10/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 00-00410
01/18/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/22/99, 3/29/99, 8/13/99, 8/31/99, 9/21/99 to 9/24/99; 9/27/99 to 10/1/99, 10/4/99 to 10/5/99, 11/30/99. To Court Reporter: Cathy Nelson. Nos. 35466 and 35468. 00-00738
01/21/2000Order/ProceduralFiled Order/Consolidation. We hereby consolidate these matters for all appellate purposes. Appellant shall, within 10 days of the date of this order, file and serve a docketing statement and shall, within 100 days file and serve an opening brief and appendix. Thereafter, briefing shall proceed with NRAP 31(a)(1). fn1[The provisions of NRAP 3C shall not apply to any portion of these consolidated appeals]. Nos. 35466, 35468. 00-01021
01/24/2000Docketing StatementFiled Docketing Statement. (Nos. 35466 and 35468). 00-01108
01/24/2000MotionFiled Motion to Consolidate. Motion to Consolidate Appeals. (Nos. 35466 and 35468). 00-01109
01/24/2000MotionFiled Motion for Stay. Motion to Stay all Filing Deadlines in Fast Track Case. 00-01110
02/08/2000Order/ProceduralFiled Order. On January 21, 2000, we issued an order consolidating these matters and establishing a briefing schedule. On January 24, 2000, appellant filed a motion to consolidate and a motion to stay all deadlines in Docket No. 35466. We deny appellant's motions as moot. Nos. 35466, 35468. 00-02013
02/17/2000TranscriptFiled Transcript. Proceedings: 3/22/99, 11/30/99. Court Reporter: Cathy Nelson. Nos. 35466 and 35468. 00-02526
03/23/2000TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: August 31, 1999, Court Reporter: Cathy Nelson. Nos. 35466 & 35468. 00-04679
04/13/2000MotionFiled Motion. Appellant's Motion to Request Transmission of Exhibits. Nos. 35466, 35468. 00-05926
04/13/2000MotionFiled Motion for Excess Pages. Appellant's Motion to File an Oversized Opening Brief. Nos. 35466, 35468. 00-05927
04/19/2000Order/ProceduralFiled Order. Court reporter Nelson shall have 20 days from the date of this order to file and serve certified copies of the remaining transcripts requested for March 29, 1999; August 13, 1999; September 21 to September 24, 1999; September 27 to October 1, 1999; and October 4, 5, 1999. Nos. 35466, 35468. 00-06271
04/27/2000Letter/IncomingFiled Letter. from Court Reporter Cathy Nelson. The requested transcripts were prepared and provided to counsel prior to the filing of the request for transcript. Nos. 35466, 35468. 00-06863
06/20/2000Order/ProceduralFiled Order. We grant appellant's unopposed motion for transmission of exhibits. The clerk of the Clark County District Court shall forthwith certify and transmit to the clerk of this court the 'redacted video tape of Karen Bates taken in the Luxor security office [State's Exhibit 31A], and the audio and video tapes [Exhibits 47 and 48] of Detective Mark Preusch's conversations with [appellant] Honeycutt recorded at the Clark County Detention Center. Pursuant to appellant's transcript request form filed on January 18, 2000, on April 19, 2000, we entered an order directing court reporter Cathy Nelson within twenty days to file and serve certified copies of transcripts of proceedings. On April 27, 2000, this court received a letter from court reporter Nelson stating that the above transcripts were all filed in the Clark County District Court prior to the date this appeal was docketed. Accordingly, we vacate our order of April 19, 2000, directing court reporter Nelson to file and serve the above transcripts. On April 28, 2000, appellant submitted his opening brief and appendix. Because appellant's appendix does not include copies of transcripts which appellant requested in the transcript request form and which, therefore, may be presumed to be relevant to this appeal, it is unclear whether appellant's appendix sufficiently supports the citations in appellant's opening brief. The clerk of this court shall return unfiled appellant's opening brief and appendix. Appellant shall have fifteen (15) days from the date of this order to file an amended appendix which includes copies of any portions of the transcripts requested for proceedings held on March 29, 1999; August 13, 1999; September 21 to September 24, 1999; September 27 to October 1, 1999; and October 4, 5, 1999; which are cited to in appellant's opening brief. Within the same time period, appellant shall file an amended opening brief with citations referencing appellant's amended appendix. fn1[We deny appellant's motion filed on April 13, 2000, requesting permission to file an overlength brief without prejudice to appellant's right to refile the motion after preparation of the amended opening brief.] Nos. 35466, 35468. 00-10542
06/20/2000Notice/OutgoingIssued Letter. Returned unfiled with letter to attorney Yampolsky: original and three copies of Appellant's Opening Brief and the original Appellant's Appendix received on April 28, 2000. Nos. 35466, 35468.
07/03/2000MotionFiled Motion for Excess Pages. (nos. 35466/35468). 00-11274
08/22/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall forthwith file appellant's opening brief and appendix which were provisionally submitted on July 3, 2000. Respondent shall have 30 days from the date of this order to serve and file the answering brief (nos. 35466/35468). 00-14686
08/22/2000BriefFiled Opening Brief. Mailed on: Federal Express (nos. 35466/35468).
08/22/2000AppendixFiled Appendix to Opening Brief. Vols. One through Twelve (35466/35468).
08/31/2000MotionFiled Motion for Excess Pages. Motion for Leave to file a 59 Page Answering Brief. (Nos. 35466 and 35468). 00-15385
09/06/2000Order/ProceduralFiled Order Granting Motion. We grant respondent's motion to file an answering brief in excess of thirty pages, to wit: 59 pages. The clerk of this court shall file the fifty-nine page answering brief and appendix submitted provisionally with this motion, forthwith. Nos. 35466, 35468. 00-15652
09/06/2000BriefFiled Answering Brief. Nos. 35466, 35468. Original brief in No. 35466. 00-15386
09/06/2000AppendixFiled Appendix to Answering Brief. Volumes 1 through 3. Nos. 35466, 35468. Originals in No. 35466. 00-15387
10/02/2000BriefFiled Reply Brief. Mailed on: Fed-Ex 9/29/00. Nos. 35466 & 35468. STRICKEN BY ORDER 11/06/00. Nos. 35466, 35468. 00-17381
11/06/2000Order/ProceduralFiled Order. Our review of appellant's reply brief indicates that the reply brief does not comply with the requirements of NRAP 32(a). The clerk of this court shall forthwith strike appellant's reply brief. Appellant shall have 20 days from the date of this order to file an amended reply brief that complies with NRAP 32(a). Nos. 35466, 35468. 00-19486
11/17/2000MotionFiled Motion for Excess Pages. (nos. 35466/35468). 00-20189
12/06/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall forthwith file the fifty-six page amended reply brief submitted by appellant on November 17, 2000. Nos. 35466, 35468. 00-21325
12/06/2000BriefFiled Amended Brief. Amended Reply Brief. Nos. 35466, 35468. (Original brief in No. 35466.) 00-20190
02/26/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 9, 2001, at 11:30 a.m. (Nos. 35466 and 35468) (NNP01A-MS/RR/DA)
03/26/2001Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 35466 and 35468)
04/09/2001Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP01A-MS/RR/DA. Nos. 35466/35468.
10/31/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before Shearing, Agosti and Rose, JJ. By the Court, Shearing, J. I concur: Agosti, J. Rose, J., dissenting. 118 Nev. Adv. Opn. No. 70. NNP01A. Nos. 35466/35468. 02-18716
11/26/2002RemittiturIssued Remittitur. Returned Exhibits: State's Exhibit 31A (redacted video tape of Karen Bates taken in the Luxor security office); State's Exhibits 47 and 48 (audio and video tapes of Detective Mark Preusch's conversations with appellant Honeycutt recorded at the Clark County Detnetion Center) this day. 02-18945
11/26/2002Case Status Update Remittitur Issued/Case Closed.
12/20/2002RemittiturFiled Remittitur. Received by County Clerk on December 3, 2002. 02-18945