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Case Information: 56548
Short Caption:BURNSIDE (TIMOTHY) VS. STATE (DEATH PENALTY/DIRECT)Court:Supreme Court
Related Case(s):56654
Lower Court Case(s):Clark Co. - Eighth Judicial District - C235798-2 Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:01/06/2014 at 10:00 AMOral Argument Location:Carson City
Submission Date:01/06/2014How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/06/2010Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Documents submitted by district court clerk pursuant to SCR 250 6 (a).10-20415
08/06/2010Filing Fee Filing Fee Waived.
08/24/2010Notice/IncomingFiled Notice of Appearance. JoNell Thomas as counsel for appellant.10-21726
08/30/2010Notice of Appeal DocumentsFiled Notice of Appeal.10-22251
09/03/2010Record on Appeal DocumentsFiled Record on Appeal. Vols. 1-16. (Via FTP)10-22661
09/20/2010Record on Appeal DocumentsFiled District Court Documents. SEALED documents for inclusion in Record on Appeal. Presentence Investigation Report, Pgs. 1046-1049, Pgs. 1248-1251, Pgs. 1319-1322. Pgs. 1370-1373.10-24060
11/05/2010MotionFiled Motion for Extension of Time to File Appellant's Opening Brief and Appendix (First Request).10-28970
11/08/2010Order/ProceduralFiled Order Granting Motion for extension. Opening brief due January 11, 2011.10-29246
01/10/2011MotionFiled Motion to Extend Time Motion for Extension of Time to File Appellant's Opening Brief (second request).11-00988
01/14/2011Order/ProceduralFiled Order Granting Motion. Opening Brief and Appendix due: February 25, 2011.11-01481
02/25/2011MotionFiled Motion for Extension of Time to File Appellant's Opening brief and Appendix (Third Request).11-05889
03/04/2011Order/ProceduralFiled Order Granting Motion for Extension of Time. Opening Brief and Appendix due April 1, 2011.11-06744
04/01/2011MotionFiled Motion for Extension of Time to File Appellant's Opening Brief and Appendix (Fourth Request). (30) days.11-09820
04/07/2011MotionFiled Motion. Supplemental Declaration in Support of Motion for Extension of Time to File Appellant's Opening Brief (4th request).11-10433
04/08/2011Order/ProceduralFiled Order Granting Motion for extension of time. Opening brief due May 1, 2011.11-10437
04/08/2011MotionFiled Motion to Request Preparation of Supplemental Record on Appeal to Include Exhibits.11-10536
04/14/2011Order/ProceduralFiled Order Granting Motion. Supplemental Record (Exhibit 257) due: 10 days.11-11235
04/25/2011Record on Appeal DocumentsFiled Record on Appeal. Volume 17. (In response to Order filed 4/14/11).11-12151
04/25/2011Record on Appeal DocumentsFiled Record on Appeal. Volume 18. (In response to Order filed 4/14/11).11-12152
04/25/2011Record on Appeal DocumentsFiled Record on Appeal. Volume 19. (In response to Order filed 4/14/11).11-12153
04/27/2011MotionFiled Motion for One Week Extension of Time to File Appellant's Opening Brief (5th Request).11-12481
04/29/2011Order/ProceduralFiled Order Granting Motion for extension of time. Opening brief due May 9, 2011. Counsel cautioned.11-12622
05/10/2011MotionFiled Motion for Leave to File Appellant's Opening Brief with Excess Pages.11-13747
05/10/2011Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the opening brief received via E-Flex on May 10, 2011. Answering Brief due: 60 days.11-13883
05/10/2011BriefFiled Appellant's Opening Brief.11-13884
07/11/2011MotionFiled Motion for Extension of Time First Request. (Answering Brief).11-20700
07/12/2011Order/ProceduralFiled Order Granting Motion. Answering Brief due: September 9, 2011.11-20831
09/09/2011MotionFiled Motion for Extension of Time (Second Request - Answering Brief).11-27404
09/19/2011Order/ProceduralFiled Order Granting Motion. Respondent: Answering Brief due: October 10, 2011.11-28492
10/10/2011MotionFiled Motion for Extension of Time to File Answering Brief (Third Request).11-30963
10/18/2011MotionFiled Motion for Leave to File 87 Answering Brief.11-32110
10/18/2011Order/ProceduralFiled Order Granting Motion. Answering Brief due: October 18, 2011.11-32227
10/18/2011Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the answering brief received on October 18, 2011. Reply Brief due: 30 days.11-32229
10/18/2011BriefFiled Respondent's Answering Brief.11-32230
12/02/2011MotionFiled Motion for Extension of Time to File Appellant's Reply Brief (First Request).11-37028
12/05/2011Order/ProceduralFiled Order Granting Motion. Appellant: Reply Brief due: January 17, 2012.11-37208
01/17/2012MotionFiled Motion for Extension of Time to File Appellant's Reply Brief (Second Request).12-01518
01/20/2012Order/ProceduralFiled Order Granting Motion. Appellant: Reply Brief due: February 16, 2012.12-02049
02/17/2012MotionFiled Motion to Exceed Page Limit.12-05222
02/17/2012Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the reply brief received via E-Flex on February 17, 2012.12-05292
02/17/2012BriefFiled Appellant's Reply Brief.12-05293
02/17/2012Case Status UpdateBriefing Completed/To Screening.
10/28/2013Order/ProceduralFiled Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the en banc court on the next available calendar.13-32227
11/12/2013Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, January 6, 2014, at 10:00 a.m. in Carson City, for 60 minutes.13-33703
12/13/2013MotionFiled Motion Requesting Supplemental Briefing.13-37926
12/17/2013MotionFiled Opposition to Motion Requesting Supplemental Briefing.13-38217
12/17/2013Notice/OutgoingIssued Oral Argument Reminder Notice.13-38239
12/18/2013MotionFiled Reply to State's Opposition to Motion for Supplemental Briefing.13-38500
12/30/2013Notice/IncomingFiled Notice Regarding Citation.13-39583
12/31/2013Order/ProceduralFiled Statement Pursuant to NRS 177.267.13-39671
01/03/2014Notice/IncomingFiled Appellant's Second Notice Regarding Citations and Notice of Supplemental Authority.14-00201
01/06/2014Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
01/13/2014Order/ProceduralFiled Order Granting Motion. Appellant: Supplemental opening brief that does not exceed 15 pages or a type-volume of 7,000 words due: February 10, 2014. Respondent shall have 30 days from the date of service of the appellant's supplemental opening brief to file and serve a supplemental answering brief that does not exceed half the page or type-volume limitation specified for appellant's supplemental opening brief.14-01091
02/07/2014BriefFiled Appellant's Supplemental Opening Brief.14-04054
03/10/2014MotionFiled Motion to Extend Time First Request. (30 days)14-07575
03/12/2014Order/ProceduralFiled Order Granting Motion. Respondent shall have until April 9, 2014, to file and serve the supplemental answering brief.14-08052
04/09/2014BriefFiled Respondent's Supplemental Answering Brief.14-11326
06/24/2014Notice/IncomingFiled Notice of Supplemental Authorities.14-20713
06/25/2015Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court En Banc. Author: Gibbons, J. Majority: Gibbons/Hardesty/Parraguirre/Douglas/Pickering. Cherry, J., dissenting. Saitta, J., dissenting. 131 Nev. Adv. Opn. No. 40. EN BANC15-19371
07/09/2015MotionFiled Appellant's Motion for Leave to File Petition for Rehearing in Excess of Word Limit.15-20892
07/10/2015MotionFiled Opposition to Appellant's Motion for Leave to File Petition for Rehearing in Excess of the Word Limit.15-20955
07/17/2015Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the petition for rehearing received on July 9, 2015.15-21704
07/17/2015Post-Judgment PetitionFiled Appellant's Petition for Rehearing.15-21705
09/17/2015Order/ProceduralFiled Order Directing Answer to Petition for Rehearing. Respondent's Answer due: 15 days.15-28233
09/29/2015MotionFiled Motion for Leave to File Answer to Petition for Rehearing in Excess of Type-Volume Limitations.15-29483
10/02/2015Order/ProceduralFiled Order Granting Motion and Directing Filing of Certificate of Compliance. The clerk of this court shall file the answer to the petition for rehearing received on September 29, 2015. Respondent's Certificate of Compliance due: 5 days.15-30013
10/02/2015Post-Judgment PetitionFiled Respondent's Answer to Petition for Rehearing.15-30017
10/05/2015Notice/IncomingFiled Certificate of Compliance (Answering to Petition for Rehearing).15-30065
10/20/2015Notice/OutgoingIssued Letter dated October 8, 2015 to Publishers with corrections to recently filed opinions. 55220/(63092/63359)/(63382/63790)/63644/63747/63683/64215/(60944/61329)/62840/63980/64287/62878/64750/55173/56548 (Letter entered in no. 55220 as document no. 15-31913)
10/22/2015Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Cherry and Saitta, JJ., dissenting.15-32253
10/23/2015MotionFiled Appellant's Motion to Stay Remittitur.15-32327
11/02/2015Order/ProceduralFiled Order Granting Motion. We hereby stay the issuance of the remittitur until February 16, 2016. If the clerk of this court receives written notice by that date from the clerk of the United States Supreme Court that appellant has filed a petition for writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by February 16, 2016, the remittitur shall issue on February 17, 2016.15-33251
01/26/2016Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed January 14, 2016 and placed on the docket as Case No. 15-7794.16-02662
03/24/2016Notice/IncomingFiled Notice from US Supreme Court/Certiorari Denied. The petition for a writ of certiorari is denied.16-09392
03/24/2016RemittiturIssued Remittitur.16-09412
03/24/2016Case Status UpdateRemittitur Issued/Case Closed.
04/08/2016RemittiturFiled Remittitur. Received by District Court Clerk on March 28, 2016.16-09412