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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38269
Short Caption:FIRESTONE (RONALD) VS. STATECourt:Supreme Court
Related Case(s): 30330
Lower Court Case(s):Clark Co. - Eighth Judicial District - C138635Classification:Criminal Appeal - Other - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/14/2003 at 9:30 AMOral Argument Location:Carson City
Submission Date:10/27/2003How Submitted:On Briefs

+ Party Information

Docket Entries
08/03/2001Filing Fee Filing Fee Waived.
08/03/2001Notice 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.) 01-13146
09/10/2001MotionFiled Motion to Extend Time. Motion for Leave to File Requests for Transcripts Late. 01-15233
09/10/2001Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 05/31/01 and 07/31/01 Court Reporter: Tom Mercer Filed in district court on: September 5, 2001. 01-15234
09/12/2001TranscriptFiled Transcript. Proceedings: 05/31/01 and 07/31/01. Court Reporter: Tom Mercer. 01-15421
09/21/2001Order/ProceduralFiled Order Denying Motion. On September 10, 2001, counsel for appellant filed a motion for leave to file the rough draft transcript request forms late. The request forms were filed in the district court on September 5, 2001, and in this court on September 10, 2001. The motion is therefore denied as moot. Counsel for appellant shall have 20 days to file and serve the fast track statement and appendix. 01-16005
11/15/2001Order/ProceduralFiled Order. To date, no fast track statement has been filed. Mr. Gowen shall file and serve the fast track statement and appendix within 10 days of this order or show cause why Mr. Gowen should not be sanctioned. 01-19124
01/10/2002Order/CounselFiled Order/Sanctions. Mr. Gowen has failed to respond to this court's order of November 15, 2001. We conclude that the imposition of a monetary sanction is appropriate. Mr. Gowen shall personally pay the sum of $500.00 to the Supreme court law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Mr. Gowen shall file and serve the fast track statement (and appendix) within 10 days of this order or show cause why Mr. Gowen should not be sanctioned further. 02-00670
01/18/2002MotionFiled Motion to Extend Time. Motion for Leave to file Appellant's Fast Track Statement Late. 02-01280
01/18/2002MotionFiled Motion for Excess Pages. Motion for Leave to file Appellant's 14 Page Fast Track Statement. 02-01281
01/30/2002Order/ProceduralFiled Order. The clerk of this court shall file, forthwith, the fast track statement and appendix provisionally submitted on January 18, 2002. 02-01953
01/30/2002Fast Track BriefFiled Fast Track Statement. 02-01282
01/30/2002AppendixFiled Appendix to Fast Track Statement. Volumes 1 and 2. 02-01283
01/30/2002MotionFiled Motion for Excess Pages. 02-01964
02/01/2002MotionFiled Motion. Motion to Withdraw Sanctions. 02-02184
02/08/2002Order/ProceduralFiled Order Granting Motion. filed January 30, 2002. The clerk of this court shall file, forthwith, the fast track response provisionally submitted on January 30, 2002. 02-02595
02/08/2002Fast Track BriefFiled Fast Track Response. 02-01965
08/26/2002Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 40 days. fn1[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] fn2[Should either party cite to portions of the transcript not previously filed in this court, the party shall file a transcript request form pursuant to NRAP 9(a).] Answering brief and reply brief shall be filed in compliance with NRAP 31. 02-14579
10/14/2002MotionFiled Motion to Extend Time. Motion for Leave to file Appellant's Opening Brief Late. 02-17742
10/16/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed October 14, 2002. The clerk shall file the opening brief received on October 14, 2002. Respondent shall have 30 days from the date of this order to file and serve the answering brief. 02-17944
10/16/2002BriefFiled Opening Brief. Mailed on 10/11/02. 02-17743
11/18/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-19771
01/08/2003Case Status Update Submitted for Decision. No reply brief filed.
01/27/2003MotionFiled Motion to Extend Time. Motion to file Reply Brief Late. 03-01396
01/27/2003BriefReceived Reply Brief. Mailed on 1/23/03. 03-01397
01/29/2003Order/ProceduralFiled Order Granting Motion. filed January 27, 2003. The clerk of this court shall file the reply brief received on January 27, 2003. 03-01557
01/29/2003BriefFiled Reply Brief. Mailed on 01/23/03. 03-01397
03/12/2003Notice/IncomingFiled Notice of Change of Address. Attorney Gary Gowen. 03-04150
03/18/2003Order/CounselFiled Order/Sanctions. Order Vacating Sanctions. Attorney Gary E. Gowen has moved this court to vacate the $500 in sanctions that this court imposed against him in an order entered on January 10, 2002. We grant the motion. The sanctions previously imposed are hereby vacated. In the future we expect counsel to promptly notify this court and move to withdraw as counsel of record in the event that personal difficulties interfere with his ability to fulfill his appellate obligations to this court and his clients. fn1[Contrary to representations in Mr. Gowen's motion, a review of this court's records reveals that this court never received, nor denied any request from Mr. Gowen to withdraw as counsel of record in this appeal.] 03-04534
03/26/2003Other Other. Received returned certified mail addressed to Gary Gowen containing copy of order filed on 03/18/03. Remailed by certified mail to corrected address. Nos. 38268/38269/40073/40340/40341/40343.
07/15/2003Notice/IncomingFiled Notice of Change of Address. Attorney Gary E. Gowen. 03-11950
07/28/2003Order/ProceduralFiled Order Scheduling Oral Argument. This appeal was previously submitted on the briefs and record filed herein. We have subsequently determined, however, that oral argument would be of assistance in the disposition of this appeal. Accordingly, the clerk of this court shall schedule this appeal for oral argument in October of 2003 before Northern Nevada Panel in Carson City. The argument shall be limited to 30 minutes. 03-12660
08/26/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 14, 2003, at 9:30 a.m. (NNP04S-NB/MS/MG)
09/29/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
10/14/2003Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP04S-NB/MS/MG
10/27/2003Order/ProceduralFiled Order/Submit on Briefs. Order for En Banc Consideration and Submitting for Decision Without Oral Argument. Oral argument in this matter was held on October 14, 2003, before the Northern Nevada Panel. Upon further review, we have determined that en banc consideration of this appeal is warranted. Accordingly, this appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 03-17903
10/27/2003Case Status Update Submitted for Decision. To the En Banc Court. EN BANC
11/10/2003MotionFiled Motion. Motion for En Banc Oral Argument. 03-18768
01/22/2004Order/ProceduralFiled Order Denying Motion. This appeal was argued before the Northern Nevada Panel on October 14, 2003. Following oral argument, this court determined that this matter warranted en banc consideration and submitted this appeal for decision by the En Banc Court without further argument. Appellant has now moved for oral argument before the en banc court. We are not persuaded that further oral argument is necessary. We deny appellant's motion. 04-01285
01/30/2004Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded. fn1[This matter was submitted for decision by the seven-justice court. The Honorable Myron E. Leavitt, Justice, having died in office on January 9, 2004, this matter was decided by a six-justice court.] Before the Court EN BANC. Author: Shearing,C.J. We concur: Agosti, Rose, Becker and Maupin, JJ. Gibbons, J., dissenting. 120 Nev. Adv. Opn. No. 3. EN BANC. 04-01936
02/24/2004RemittiturIssued Remittitur. 04-02027
02/24/2004Case Status Update Remittitur Issued/Case Closed.
03/08/2004RemittiturFiled Remittitur. Received by County Clerk on February 26, 2004. 04-02027