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United States Court Cases

Nevada Supreme/Appellate Court Record

COLLMAN (THOMAS) VS. STATE (DEATH PENALTY)

Case Information: 31085
Short Caption:COLLMAN (THOMAS) VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 65509 , 77522
Lower Court Case(s):White Pine Co. - Seventh Judicial District - CR-9606033Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:09/14/1998How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/24/1997Filing Fee Filing Fee Waived.
09/24/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant).
10/06/1997Order/ProceduralFiled Order. Pursuant to SCR 250, we hereby establish the following due dates. The clerk of the district court shall have until October 8, 1997, to transmit the record on appeal to the clerk of this court. Appellant shall have 70 days from the filing of the record on appeal to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with SCR 250(IV)(G). We do not expect requests for extension of this briefing schedule. We direct the clerk to schedule this appeal for oral argument in May, 1998: 60 minutes.
10/09/1997Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 through 29.
10/10/1997Docketing StatementFiled Docketing Statement.
12/15/1997MotionFiled Motion to Extend Time.
12/22/1997Notice/IncomingFiled Proof of Service. Certificate of Mailing: Motion for Extension of time to file Opening Brief.
12/23/1997Order/ProceduralFiled Order. Appellant has moved for an extension to file the opening brief in this death penalty appeal. Appellant shall have until January 20, 1998, the file the opening brief. We vacate that portion of our order entered October 6, 1997, which direct the clerk to schedule oral argument in May, 1998. The clerk shall, instead, schedule oral argument in September, 1998: 60 minutes.
01/22/1998MotionFiled Motion to Extend Time. (Second Request).
02/05/1998Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for an extension of time. Appellant shall have 5 days from the date of this order to file the opening brief. We do not expect further requests for extensions of time absent extreme and unforeseeable circumstances.
02/05/1998MotionFiled Motion for Excess Pages. Motion to Allow Appellant to file an Opening Brief in Excess of 30 Pages.
02/05/1998BriefReceived Opening Brief.
02/17/1998Order/ProceduralFiled Order Granting Motion. This is an appeal from a judgment of conviction and sentence of death. Appellant has moved for leave to file an opening brief in excess of thirty pages, to wit ninety-nine pages. The motion is granted.
02/17/1998BriefFiled Opening Brief. Mailed on: 2/3/98.
03/23/1998MotionFiled Motion for Excess Pages. NRAP 27 and 28(g) Motion to Allow Respondent to file an Answering Brief in Excess of 30 Pages.
03/25/1998Order/ProceduralFiled Order Granting Motion. We grant respondent's motion to file an answering brief in excess of thirty pages, to wit: not to exceed 100 pages.
04/17/1998BriefFiled Answering Brief. Mailed on: Hand delivered 4/17/98.
06/03/1998MotionFiled Motion to Extend Time.
06/05/1998Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for September 14, 1998, at the hour of 10:30 a.m. -1 hour in Carson City.
06/10/1998Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for an extension of time, to and including June 15, 1998, to file the reply brief.
06/17/1998MotionFiled Motion and Order/Excess Pages. Granted: 42 pages.
06/17/1998BriefFiled Reply Brief. Mailed on: 6/15/98.
06/29/1998Notice/OutgoingIssued Letter. to White Pine County Clerk re: transmission of trial exhibits 79, 79A, and 96 to this office.
07/07/1998ExhibitFiled Exhibits (copies). Exhibits: 79 (box for video); 79A (video); and 96 (forensic report). (In white envelope).
08/24/1998Notice/OutgoingIssued Oral Argument Reminder Notice.
09/14/1998Case Status Update Submitted for Decision.
05/05/1999Order/ProceduralFiled Order. This court has determined that supplemental briefing is warranted with regard to issues not previously addressed by the parties in their briefs on appeal or at oral argument. Appellant shall have 20 days from the date of this order to file and serve a supplemental brief. The state shall have 20 days thereafter to file and serve an answering brief. Appellant shall file a reply brief, in any, within 20 days from the date of service of the answering brief.
05/24/1999MotionFiled Motion to Extend Time. Motion for Extension of time to file Supplemental Opening Brief.
06/03/1999Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including June 24, 1999, to file and serve appellant's supplemental brief. The state shall have 20 days thereafter to file and serve a supplemental answering brief. The supplemental reply brief, in any, shall be filed within 20 days of the date of service of the state's answering brief.
06/28/1999BriefFiled Supplemental Brief. Appellant's Supplemental Opening Brief. (Mailed on: 6/24/99).
07/02/1999MotionFiled Motion to Extend Time.
07/07/1999Order/ProceduralFiled Order Granting Motion. The state shall have to and including August 13, 1999, to file and serve its supplemental brief. Appellant's reply brief, if any, shall thereafter be filed and served within 20 days of the date of service of the state's brief.
07/07/1999MotionFiled Motion. Motion for Leave to Appear as Amicus Curiae and to file Brief in Support of Appellant, and to file brief in Excess of Thirty Pages in Length.
07/07/1999BriefReceived Amicus Brief. Brief of Amicus Curiae Federal Public Defender in Support of Appellant.
07/09/1999Order/ProceduralFiled Order Granting Motion. The clerk of this court shall, forthwith, file the amicus curiae brief provisionally received on July 7, 1999. Respondent may file an answer to the brief within 20 days of the date of this order.
07/09/1999BriefFiled Amicus Brief. Brief of Amicus Curiae Federal Public Defender in Support of Appellant.
07/30/1999MotionFiled Motion for Excess Pages. Motion to Allow Appellant to file a Supplemental Brief in Excess of Thirty (30) pages and Extension of Time (Second Request).
08/03/1999BriefFiled Amicus Brief. Brief of Amicus Curiae Clark County District Attorney's Office in Support of Respondent. Mailed on: Express-no postmark. (OK to file per DL)
08/10/1999Order/ProceduralFiled Order Granting Motion. Respondent shall have to and including August 27, 1999, to file and serve its 100 pages supplemental brief. Appellant's supplemental reply brief, if any, shall be filed and served within 20 days of the date of service of respondent's supplemental brief.
08/27/1999BriefFiled Supplemental Brief. Respondent's Supplemental Brief. (Mailed on: 8/24/99).
08/27/1999AppendixFiled Appendix. Respondent's Supplemental Appendix.
09/15/1999MotionFiled Motion to Extend Time. Motion for Extension of time to file Supplemental Reply Brief.
09/20/1999Notice/IncomingFiled Notice. Respondent's Non-Opposition to Appellant's Motion for Extension of time to file Supplemental Reply Brief.
09/21/1999Order/ProceduralFiled Order Granting Motion. Appellant shall serve and file the reply brief on or before October 13, 1999.
10/15/1999MotionFiled Motion and Order/Excess Pages. Granted: 31 pages.
10/15/1999BriefFiled Supplemental Brief. Appellant's Supplemental Reply Brief. (Mailed on: 10/13/99).
12/20/1999MotionFiled Motion. Motion to Allow Supplemental Oral Argument.
08/23/2000Opinion/DispositionalFiled Authored Opinion. "Affirmed." fn6[We deny Collman's motion to allow supplemntal oral argument on this issue, filed December 20, 1999.] Before the Court En Banc. By the Court, Agosti, J. We concur: Young, J., Shearing, J., Leavitt, J., Becker, J. Maupin, J., concurring. Rose, C.J., dissenting. 116 Nev. Adv. Opn. No. 82. En Banc. 00-14777
09/08/2000MotionFiled Motion to Extend Time. 00-15874
09/15/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion for an extension of time, to and including September 25, 2000, to file and serve a petition for rehearing. 00-16298
09/18/2000MotionFiled Response to Motion. Non-Opposition to Defendant's Motion for Enlargement of Time to File Petition for Rehearing. 00-16422
09/22/2000MotionFiled Motion for Excess Pages. Motion to Allow Appellant to File a Petition for Rehearing in Excess of 10 Pages. 00-16792
09/25/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's motion to file a fifteen-page petition for rehearing. The clerk of this court shall file the petition for rehearing, submitted provisionally on September 22, 2000, forthwith. 00-16825
09/25/2000Post-Judgment PetitionFiled Petition for Rehearing. 00-16797
10/25/2000Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." En Banc-RR/CY/WM/MS/DA/ML/NB 00-18862
11/03/2000MotionFiled Motion for Stay. Motion for Stay of Remittitur Pending Application for Certiorari. 00-19327
11/06/2000Order/ProceduralFiled Order Granting Motion. We stay the issuance of the remittitur for 60 days from the date of this order pending appellant's application for a writ of certiorari to the United States Supreme Court. If during the 60 day period, the clerk of this court receives notice from the clerk of the Supreme Court of the United States that appellant has filed a petition for a writ of certiorari, this stay shall continue in effect until final disposition of the certiorari proceedings. In the event the clerk of this court does not receive such notice, the clerk shall issue the remittitur 70 days from the date of this order. 00-19447
01/04/2001MotionFiled Motion for Stay. Motion for Extension of Time to Stay of Remittitur pending Application for Certiorari (NRAP 41). 01-00192
01/17/2001Order/ProceduralFiled Order Granting Motion. We stay the issuance of the remittitur until February 5, 2001. If during this period of the stay, the clerk of this court receives notice from the clerk of the Supreme Court of the United States that appellant has filed a petition for a writ of certiorari, this stay shall continue in effect until final disposition of the certiorari proceedings. If the clerk of this court does not receive such notice, the clerk shall issue the remittitur on February 6, 2001. 01-01001
01/22/2001Notice/IncomingFiled Proof of Service. (Motion for Extension of Time to Stay of Remittitur Pending Application for Certiorari). 01-01344
02/05/2001MotionFiled Motion for Stay. Motion for Stay of Remittitur Pending Application for Certiorari (NRAP 41). 01-02275
02/06/2001Order/ProceduralFiled Order Granting Motion. We stay issuance of the remittitur for an additional 30 days. If during the 30 day period, the clerk of this court receives notice from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, this stay shall continue in effect until final disposition of the certiorari proceedings. In the event the clerk of this court does not receive such notice, the clerk shall issue the remittitur 40 days from the date of this order. 01-02360
02/08/2001Notice/IncomingFiled Notice. Non-Opposition to Defendant's Motion for Stay of Remittitur Pending Application for Certiorari. 01-02639
02/20/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed January 22, 2001 and placed on the docket as Case No. 00-8510. 01-03172
04/18/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 01-06670
05/01/2001Order/ProceduralFiled Order. On February 6, 2001, this court stayed the issuance of the remittitur in this appeal pending final disposition of appellant's petition for a writ of certiorari in the United States Supreme court. On April 18, 2001, the clerk of this court received notice that the United States Supreme Court denied appellant's petition on April 16, 2001. We direct the clerk of this court to issue the remittitur in this appeal, forthwith. 01-07236
05/01/2001RemittiturIssued Remittitur. Returned Exhibts: 79 (box for video); 79A (video); and 96 (forensic report) this day. 01-07250
05/01/2001Case Status Update Remittitur Issued/Case Closed.
05/07/2001RemittiturFiled Remittitur. Received by County Clerk on May 3, 2001. 01-07250