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Case Information: 53100
Short Caption:STEWART (CLARENCE) VS. STATECourt:Supreme Court
Related Case(s):52166, 52343, 52348, 52399, 53080, 61136, 64529
Lower Court Case(s):Clark Co. - Eighth Judicial District - C237890Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:06/11/2010 at 10:30 AMOral Argument Location:Regional Justice Center
Submission Date:06/11/2010How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/14/2009Filing Fee Filing Fee Waived.
01/14/2009Notice 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.)09-01161
01/20/2009Notice/OutgoingIssued Notice to Transmit Required Document. Judgment of Conviction filed 12/05/08 and Order denying motion for a new trial filed 12/16/08 Due Date: 10 days09-01494
01/26/2009Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 9/8/08 through 9/11/08, 9/15/08 through 9/19/08, 9/22/08 through 9/26/08, 9/29/08, 10/1/08, 10/3/08, 11/7/08, 12/19/08. Court Reporter: Rachelle Hamilton. Filed in district court on: No date listed.09-02244
01/29/2009Order/IncomingFiled District Court Order. Certified copy of order filed in district court on December 5, 2008. Judgment of Conviction (Jury Trial).09-02588
01/29/2009Order/IncomingFiled District Court Order. Certified copy of order filed in district court on December 16, 2008. Order Denying Defendant Simpson's Motion for New Trial, Defendant Stewart's Motion for New Trial Pursuant to NRS 176.515 and Defendant Simpson's Joinder in Co-Defendant's Motion for New Trial.09-02589
02/04/2009Notice/IncomingFiled Notice. of Transmittal.09-03044
02/04/2009Order/IncomingFiled District Court Order. Certified copy of Order Denying Defendant Simpson's Motion for New Trial, Defendant Stewart's Motion for New Trial Pursuant to NRS 176.515 and Defendant Simpson's Joinder in Co-defendant's Motion for New Trial. Filed in district court on December 16, 2008.09-03045
02/04/2009Order/IncomingFiled District Court Order. Certified copy of Amended Judgment of Convition (Jury Trial). Filed in the district court on January 8, 2009.09-03048
02/11/2009TranscriptFiled Notice from Court Reporter. Rachelle Hamilton stating that the requested transcripts were delivered. Dates of transcripts: 11/07/08.09-03703
02/20/2009MotionFiled Motion. Appellant's Motion for Full Briefing Due to the Complexity of Issues and the Inability to Brief Issues within Page Limits Imposed by NRAP 3C.09-04493
02/24/2009Order/ProceduralFiled Order. Granting Motion for Full Briefing. Opening Brief and Appendix due 60 days.09-04725
04/28/2009MotionFiled Stipulation and Order. Brief due: May 27, 2009.09-10491
05/26/2009MotionFiled Motion. Motion Requesting Filing of Joint Appendix Pursuant to NRAP 30. Nos. 53080/53100.09-12939
05/28/2009MotionFiled Motion and Order/Excess Pages. Granted: 50 pages. (Opening Brief).09-13232
05/28/2009BriefFiled Opening Brief.09-13233
05/28/2009MotionFiled Motion. Motion Requesting Transmission of Original Exhibits/Media Pursuant to NRAP 30 (d).09-13234
05/28/2009AppendixReceived Joint Appendix. Vols. 1 through 27. Nos. 53080/53100. (RETURNED UNFILED PER ORDER 05/29/09).09-13319
05/29/2009Order/ProceduralFiled Order. Denying Motions. The clerk of this court shall return, unfiled the joint appendix received in these matters. Appellants shall have 15 days from the date of this order to file separate appendices containing the transcripts and portions of the trial court record that are necessary for this court's review of their separate appeals. fn2[Appellant Simpson's request for an extension of time to file the joint appendix is denied as moot.] Nos. 53080/53100.09-13446
05/29/2009Other Returned Unfiled Document. Joint Appendix; Vols. 1 through 27. Nos. 53080/53100.09-13319
06/11/2009MotionFiled Motion. Appellant's Motion for Bail Pending Appeal.09-14569
06/17/2009Notice/IncomingFiled Notice. Notice of Compliance with Supreme Court Order Dated May 29, 2009.09-15005
06/17/2009AppendixFiled Appendix to Opening Brief. Vols 1-27.09-15008
06/18/2009MotionFiled Response to Motion. State's Opposition to Defendant's Motion for Bail Pending Appeal09-15256
06/29/2009Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is hereby scheduled before the Northern Nevada Panel on August 3, 2009, at the hour of 10:30 a.m., in Las Vegas, Nevada.09-16008
06/30/2009Letter/IncomingFiled Letter. from courtney Holmes of KVBC News 3 requesting cameras in the courtroom on August 3, 2009.09-16127
06/30/2009MotionFiled Response to Motion. Opposition to Motion to Transmit Original Exhibits/Media Pursuant to NRAP 30(d)09-16128
07/02/2009Order/ProceduralFiled Order. and Directing District Court Clerk to Transmit Digital Recordings. Due 30 days. Nos. 53080/53100.09-16389
07/08/2009MotionFiled Motion for Permission to File Document. Appellant's Motion for Leave to File Reply in Support of Motion for Bail Pending Appeal.09-16767
07/09/2009MotionFiled Motion. Appellant's Motion for Leave to File Reply in Support of Motion Requesting Transmission of Original Exhibits/Media Pursuant to NRAP 30(d).09-16948
07/10/2009Order/ProceduralFiled Order. permission is granted for photographic or electronic media coverage of the hearings to be held August 3, 2009, at 10:00 a.m. and 10:30 a.m. Nos. 53080/53100.09-17024
07/10/2009Order/ProceduralFiled Order Granting Motion. Appellant: 10 days to file a reply to the state's opposition.09-17054
07/13/2009MotionFiled Motion to Extend Time. 09-17155
07/13/2009Notice/OutgoingFiled Notice Motion/Stipulation Approved. Answering Brief due: August 17, 2009.09-17156
07/16/2009MotionFiled Reply to Response. Reply in Support of Motion for Bail Pending Appeal.09-17500
07/17/2009Notice/OutgoingIssued Notice Scheduling Oral Argument. Before the Northern Nevada Panel. Oral Argument is scheduled for 30 minutes on August 3, 2009 at 10:30 a.m. NNP09-MC/NS/MG09-17585
07/22/2009Notice/OutgoingIssued Oral Argument Reminder Notice.09-17961
08/03/2009ExhibitReceived Exhibit (original). Exhibit: JAVS Audio/Video Recordings. 35 CDs for dates 9/8/08 through 10/3/08. (submitted by Court Recorder R. Hamilton). Nos. 53080/53100 (Docketed in 53080). (09-18847)
08/17/2009MotionFiled Motion to Extend Time. (Second Request).09-19886
08/18/2009Order/ProceduralFiled Order Granting Motion. Answering brief due September 16, 2009.09-20049
09/04/2009Order/ProceduralFiled Order. we deny the motion for bail pending appeal.09-21568
09/16/2009MotionFiled Motion to Extend Time. (30) days.09-22412
09/17/2009MotionFiled Response to Motion. Opposition to Motion for Extension to File and Serve Cross-Appellant's Reply Brief.09-22630
09/18/2009MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply to Appellant's Opposition to State's Motion for Extension of Time09-22707
09/18/2009MotionReceived Reply to Response. Respondent's Reply to Appellant's Opposition to State's Motion for Extension of Time. (Received via E-Flex).
09/25/2009Order/ProceduralFiled Order. Granting Motion. Answering Brief due: October 16, 2009. fn1[Respondent's motion for leave to file a reply in support of its motion for extension of time is denied as moot. The clerk of this court shall reject the reply received via E-Flex on September 18, 2009.]09-23438
10/16/2009MotionFiled Motion for Excess Pages. Motion for Leave to File 46 Page Answering Brief.09-25295
10/16/2009Notice/OutgoingFiled Notice Motion/Stipulation Approved. The motion for excess pages for the Answering Brief is approved. 46 pages granted.09-25296
10/16/2009BriefFiled Answering Brief. 09-25298
10/16/2009AppendixFiled Appendix to Answering Brief. 09-25300
11/16/2009MotionFiled Motion to Extend Time. 09-27960
11/16/2009Notice/OutgoingFiled Notice Motion/Stipulation Approved. Reply Brief due: December 16, 2009.09-27961
12/16/2009BriefFiled Reply Brief. 09-30602
01/20/2010MotionFiled Motion. Appellant's Motion to Extend Time for Oral Argument.10-01661
04/12/2010Order/ProceduralFiled Order Scheduling Oral Argument. Oral Argument is hereby scheduled before the panel on Friday, June 11, 2010, at the hour of 10:30 a.m., in Las Vegas. The argument shall be limited to 30 minutes. fn1[The motion to extend the time for oarl argument to one hour is denied.]10-09481
04/14/2010Notice/OutgoingIssued Notice Scheduling Oral Argument. Before the Northern Nevada Panel. Oral Argument is scheduled for 30 minutes on June 11, 2010 at 10:30 a.m. NNP10-MD/NS/MG10-09722
05/25/2010BriefFiled Supplemental Brief. Respondent's Supplemental Memorandum.10-13598
05/28/2010Notice/OutgoingIssued Oral Argument Reminder Notice.10-13891
06/04/2010Order/ProceduralFiled Order. that KVBC is granted permission to participate in the photographic or electonic media coverage of the aforesaid matter. Only one camera shall be allowed in the courtroom and KVBC shall arrange with Carol M. Gantt of In Session in order to pool their coverage. Nos. 53080/53100 (10-14435).
06/04/2010MotionFiled Motion. from KVBC/Joyce Kotnik-Klevins requesting cameras in the courtroom. Nos. 53080/53100 (10-14491).
06/07/2010MotionFiled Motion. from Brian Haynes/Las Vegas Review Journal requesting for the newspaper to have photographer in the court room. Nos. 53080/53100.
06/08/2010MotionFiled Motion. from Carolyn Kresser/KVVU Fox5 requesting permission to videotape oral argument. No.s 53080/53100
06/08/2010Order/ProceduralFiled Order. Brian Haynes of the Las Vegas Review-Journal is granted permission to photograph the court proceedings. Mr. Haynes shall coordinate with the pool coordinator Carol Gantt of In Session. Nos. 53080/53100 (10-14626).
06/09/2010MotionFiled Motion. from Larry Ish/ KTVN - 13 Action News requesting for camera and news crew coverage of oral arguments. Nos. 53080/53100.
06/09/2010Order/ProceduralFiled Order. Only one video camera shall be allowed in the courtroom and KVVU and KTNV shall arrange with Carol M. Gantt of In Session in order to pool their coverage. Nos. 53080/53100 (10-14919).
06/10/2010Order/ProceduralFiled Order. Inside Edition is granted permission to participate in the photographic or electronic media coverage. Inside Edition shall arrange with Carol M. Gantt of In Session in order to pool their coverage. Nos. 53080/53100.10-15116
06/11/2010Case Status Update Submitted for Decision.
10/22/2010Order/DispositionalOrder of Reversal and Remand. ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.10-27585
11/16/2010RemittiturIssued Remittitur.10-29877
11/16/2010Case Status UpdateRemittitur Issued/Case Closed.
12/08/2010RemittiturFiled Remittitur. Received by District Court Clerk on December 1, 2010.10-29877