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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38264
Short Caption:STATE VS. SANTILLANEZ (STEPHEN) C/W 38105Court:Supreme Court
Consolidated: 38105 *, 38264
Lower Court Case(s):Washoe Co. - Second Judicial District - CR002216A
Washoe Co. - Second Judicial District - CR002216C
Classification:Criminal Appeal - Other - Pretrial
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/25/2002 at 8:30 AMOral Argument Location:Carson City
Submission Date:06/25/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
08/02/2001Filing Fee Filing Fee Waived.
08/02/2001Notice 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.) 01-13105
09/07/2001Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement and Appendix due: September 19, 2001. 01-15121
09/21/2001MotionFiled Motion to Extend Time. 01-15999
09/24/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed September 21, 2001. Appellant's fast track statement and appendix shall be filed and served on or before September 28, 2001. 01-16115
09/28/2001Fast Track BriefFiled Fast Track Statement. 01-16412
09/28/2001AppendixFiled Joint Appendix. 01-16413
10/05/2001MotionFiled Motion to Consolidate. Nos. 38105/38264. 01-16793
10/16/2001Other Returned Unfiled Document. (not signed or dated; in excess of 10 pages-track 10 days)
10/19/2001Fast Track BriefFiled Fast Track Response. (Larry Shawn Early) 01-17679
10/19/2001Fast Track BriefFiled Fast Track Response. (Stephen Glenn Santillanez) 01-17680
10/23/2001Order/ProceduralFiled Order/Consolidation. Directing Full Briefing and Granting Motion to Consolidate Appeals for Disposition. We grant the State's October 5, 2001 motion and consolidate these appeals for purposes of disposition only. The cases shall be separately briefed. After reviewing the documents submitted in docket No. 38264, we have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 30 days. fn2[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.] Answering brief and reply brief shall be filed in compliance with NRAP 31. No extensions of time will be granted except upon a showing of extreme need or merit. Nos. 38105/38264. (01-17863)
10/25/2001BriefFiled Answering Brief. Respondent's (Kit Jerome Burdg) Answering Brief (38105 only). Mailed on: 10/24/01. Nos. 38105/38264 (01-17977).
11/09/2001BriefFiled Reply Brief. (38105 only) Mailed on: 11/21/01. Nos. 38105/38264 (01-18745).
11/26/2001BriefFiled Opening Brief. (38264 only) Mailed on: 11/21/01. Nos. 38105/38264. 01-19722
12/12/2001BriefFiled Answering Brief. Respondent Santillanez's Answering Brief (38264 only). Mailed on: Hand delivered 12/12/01 (Reno/Carson). Nos. 38105/38264. 01-20837
12/12/2001BriefFiled Answering Brief. Repondent Early's Answering Brief (38264 only). Mailed on: Hand delivered 12/12/01 (Reno/Carson). Nos. 38105/38264. 01-20838
01/14/2002BriefFiled Reply Brief. Mailed on: 01/11/02. (38264 only). Nos. 38105/38264. 02-00937
04/23/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on June 25, 2002, at 8:30 a.m. (En Banc) Nos. 38105/38264
05/08/2002MotionFiled Motion. Attorney Paul Giese has joined the office of the State Public Defender and moves to withdraw as counsel for respondent Early in no. 38264. Nos. 38105/38264 (02-08079)
05/13/2002Order/ProceduralFiled Order Denying Motion. On May 8, 2002, attorney Paul C. Giese filed a motion to withdraw as counsel for respondent Larry Shawn Early in Docket No. 38264. Mr. Giese states that on November 23, 2001, he accepted employment with the State of Nevada, Office of the Public Defender. On December 12, 2001, Mr. Giese filed an answering brief on behalf of Mr. Early in Docket No. 38264. It appears that pursuant to NRS 7.065(1) Mr. Giese may continue to represent Mr. Early as long as he first receives permission from his supervisor. These consolidated appeals have been scheduled for oral argument before the en banc court on June 25, 2002. Because Mr. Giese has been counsel for Mr. Early throughout the entirety of this appeal, we conclude that permitting Mr. Giese to withdraw as counsel for Mr. Early just before oral argument would not serve the interests of justice. We deny Mr. Giese's motion to withdraw. Nos. 38105/38264. (02-08310)
06/12/2002Notice/OutgoingIssued Oral Argument Reminder Notice. Nos. 38105/38264
06/24/2002Notice/IncomingFiled Notice of Association of Counsel. Notice of Association of Co-Counsel. James P. Logan hereby gives his notice of his association as co-counsel with Paul C. Giese. Nos. 38105/38264 (02-10918).
06/25/2002Case Status Update Submitted for Decision. Before the En Banc Court. EN BANC.
12/20/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. 118 Nev. Adv. Opn. No. 86. EN BANC. Nos. 38105/38264. 02-21796
01/14/2003RemittiturIssued Remittitur. 03-00512
01/14/2003Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 17, 2003. 03-00512
02/03/2003MotionFiled Motion. Motion to Recall Remittitur. Nos. 38105/38264 (03-01798).
02/14/2003MotionFiled Response to Motion. Opposition to Motion to Recall Remittitur. Nos. 38105/38264 (03-02615).
02/24/2003Order/ProceduralFiled Order Denying Motion. On February 3, 2003, appellants in these consolidated appeals filed a motion to recall the remittitur. Respondents in docket No. 38105 oppose the motion. No good cause appearing, we deny the motion. This denial is without prejudice to appellants' right to renew the motion to recall the remittitur in the event they file a petition for a writ of certiorari and the United States Supreme Court grants the petition. Nos. 38105/38264. (03-03022)
04/14/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed March 18, 2003 and placed on the docket as Case No. 02-1476. Nos. 38105/38264 (03-06201).
06/16/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. Nos. 38105/38264 [03-09965]