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United States Court Cases

Nevada Supreme/Appellate Court Record

RODRIGUEZ (PEDRO) VS. STATE (DEATH PENALTY)

Case Information: 35300
Short Caption:RODRIGUEZ (PEDRO) VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 35884 , 40897 , 41903 , 48291 , 61563 , 63423 , 63970 , 64471 , 64584 , 70969
Lower Court Case(s):Washoe Co. - Second Judicial District - CR981033Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/13/2001 at 11:00 AMOral Argument Location:Carson City
Submission Date:06/13/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/16/1999Filing Fee Filing Fee Waived.
12/16/1999Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 through 20. (Docketing statement mailed to counsel for Appellant). 99-12773
12/16/1999ExhibitFiled Exhibit (original). Placed in correspondence file. 99-12774
01/24/2000Order/ProceduralFiled Order. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement. 00-01056
02/02/2000Docketing StatementFiled Docketing Statement. 00-01681
03/15/2000Order/ProceduralFiled Order. Appellant shall, within 15 days of the date of this order, file and serve the opening brief or show cause why sanctions should not be imposed against counsel for appellant. Respondent shall, within 60 days after the filing of the opening brief, file and serve the answering brief. Thereafter, briefing shall proceeed in accordance with SCR 250(6)(d). 00-04073
03/31/2000MotionFiled Motion to Extend Time. (90 Day Extension). 00-05217
05/26/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to July 30, 2000, to file and serve his opening brief. No further extensions shall be granted absent unforeseeable and extreme circumstances. Respondent shall have 60 days from the date of service of appellant's opening brief to serve and file the answering brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d). 00-08904
08/04/2000MotionFiled Motion to Extend Time. Motion for Additional Time to file Death Penalty Brief. 00-13523
08/21/2000Order/ProceduralFiled Order Denying Motion. To date, appellant has failed to submit the opening brief and appendix. Accordingly, we deny appellant's motion of August 4, as moot. Appellant shall within 10 days from the date of this order, file and serve the opening brief or show cause why sanctions should not be imposed against counsel for appellant. 00-14611
09/01/2000MotionFiled Motion for Excess Pages. Motion for Leave to file Brief in Excess of 30 Pages. 00-15480
09/01/2000BriefReceived Opening Brief. Mailed on: 8/31/00. 00-15483
09/05/2000Notice/IncomingFiled Proof of Service. Certificate of Mailing Motion for Leave to file Brief in Excess of 30 pages. (Attached to Motion for Leave to file Brief in Excess of 30 pages.) 00-15589
09/11/2000Order/ProceduralFiled Order Granting Motion. Appellant's counsel has moved this court for leave to file an opening brief in excess of thirty pages. The clerk of this court shall file the opening brief provisionally submitted to this court on September 1, 2000. Appellant's brief appears to be either incorrectly paginated or is misssing the first three pages of argument. Appellant shall have 10 days from the date of this order to advise this court whether appellant will file an amended or corrected opening brief. 00-15938
09/11/2000BriefFiled Opening Brief. 00-15483
09/22/2000BriefFiled Amended Brief. Appellant's Amended Opening Brief. Mailed on: 9/21/00. 00-16808
11/13/2000MotionFiled Motion to Extend Time. 00-19848
11/20/2000Order/ProceduralFiled Order Granting Motion. We grant respondent's motion for an extension of time, to and including January 10, 2001, to file and serve the answering brief. 00-20294
01/02/2001MotionFiled Motion to Extend Time. 01-00066
01/17/2001Order/ProceduralFiled Order Granting Motion. Respondent shall have to and including February 9, 2001, to file the answering brief. We do not expect further requests for extensions of time absent extreme and unforeseeable circumstances. 01-01004
02/01/2001MotionFiled Motion. Motion to Strike Portions of the Opening Brief, or, Alternatively, for Leave to Allow the State to Respond by Reference to Prior Arguments. 01-02172
02/12/2001MotionFiled Motion. Motion to Suspend the Rules of Appellate Procedure and for Leave to Present this Court with Affidavits to be used a Supplement to the Record on Appeal. 01-02762
02/12/2001BriefFiled Answering Brief. Mailed on: February 9, 2001. 01-02763
02/13/2001Order/ProceduralFiled Order Denying Motion. The State has moved to strike portions of the opening brief. In the alternative, the State moves this court to allow it "to respond in kind." We deny both requests without prejudice to the State's ability to argue in its answering brief that claims by appellant should be summarily rejected because they are unsupported by specific argument or authority or by reference to the relevant parts of the record. 01-02864
03/02/2001Order/ProceduralFiled Order Denying Motion. The State has moved this court to suspend the rules of appellate procedure and for leave to supplement the record on appeal with affidavits to counter claims made in appellants opening brief, allegedly without any supporting evidence. The relief requeted is unnecessary. This court will not consider matters outside the record, and facts stated in an appellate brief do not compensate for deficiencies in the record. We deny the State's motion. 01-03900
03/12/2001MotionFiled Motion to Extend Time. (Death Penalty) 01-04404
03/15/2001Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including April 9, 2001, to file and serve the reply brief. 01-04664
04/11/2001MotionFiled Motion to Extend Time. 01-06218
04/18/2001Order/ProceduralFiled Order Granting Motion. We grant the motion for an extension because this is a direct appeal in a death penalty case and the motion also seeks an extension "due to the gravity of the penalty and the complexity of the issues." Appellant's counsel shall have to and including May 10, 2001, to file ans serve the reply brief. If counsel for appellant has truly experienced difficulties in obtraining the trial transcripts, counsel shall have 10 days from the date of this order to notify this court by way of a verified affidavit describing the precise nature of the problem counsel has encountered in receiving the trial transcripts. 01-06624
05/02/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 13, 2001 at 11:00 a.m. (En Banc)
05/16/2001Order/ProceduralFiled Order. In an order entered April 18, 2001, we granted the motion filed April 11, 2001, and directed appellant to file and serve the reply brief on or before May 10, 2001. On May 2, 2001, the clerk of this court issued a notice informing the parties that this appeal has been scheduled for oral argument before the en banc court on June 13, 2001. To date appellant has failed to file the reply brief. We suspend the provisions of NRAP 25(1)(a) and direct Mr. Lindsay to file a reply brief personally with the clerk of this court on or before May 21, 2001. Further, we direct Mr. Lindsay to file a response showing cause why he should not be sanctioned for the manner in which he has prosecuted this appeal. Such response shall be filed and served within 10 days from the date of this order. 01-08107
05/22/2001MotionFiled Motion to Extend Time. 01-08554
05/30/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
06/01/2001MotionFiled Response to Order to Show Cause. Response to Sanctions Orders. 01-09182
06/04/2001Order/ProceduralFiled Order Granting Motion. The motion filed May 22, 2001, is granted. The clerk of this court shall file the reply brief provisionally submitted on May 22, 2001. Appellant's counsel has submitted for filing with the reply brief a three-page appendix consisting of newspaper articles about an unrelated case. This court may not consider matters outside the record made and considered in the district court. The clerk shall return the appendix to appellant's counsel unfiled. In addition, this court shall disregard the references in appellant's reply brief to the newspaper articles contained in the appendix. 01-09258
06/04/2001BriefFiled Reply Brief. Mailed on: hand delivered 5/22/01. 01-08555
06/04/2001Case Status Update Briefing Completed.
06/04/2001Notice/OutgoingIssued Letter. to attorney Robert Bruce Lindsay. Returned unfiled, the original and one copy of Appellant's Appendix to Appellant's Reply Brief received May 22, 2001.
06/13/2001Case Status Update Submitted for Decision. Before the En Banc Court.
10/17/2001Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. 117 Nev. Adv. Opn. No. 66. EN BANC 01-17501
11/13/2001RemittiturIssued Remittitur. 01-17532
11/13/2001Case Status Update Remittitur Issued/Case Closed.
11/28/2001RemittiturFiled Remittitur. Received by County Clerk on November 16, 2001. 01-17532
12/03/2001Order/CounselFiled Order/Sanctions. Order Declining to Impose Sanctions. On May 16, 2001, this court entered an order directing appellant's counsel Robert Bruce Lindsay to show cause why he should not be sanctioned for the manner in which he prosecuted this appeal. Having reviewed Mr. Lindsay's response to the show cause order, and good cause appearing, this court declines to impose sanctions at this time. 01-20136