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Case Information: 58101
Short Caption:MCCARTY (JASON) VS. STATE (DEATH PENALTY)Classification:Criminal Appeal - Death Penalty - Direct
Related Case(s):61006, 73000
Lower Court Case(s):Clark Co. - Eighth Judicial District - C224572Case Status:Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:
To SP/Judge:SP Status:
Oral Argument:06/03/2014 at 10:00 AMOral Argument Location:Regional Justice Center
Submission Date:06/03/2014How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/06/2011Filing FeeAppeal Filing fee waived. Criminal.
04/06/2011Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. MCCARTY - C22457211-10290
04/11/2011Transcript RequestFiled Certificate of No Transcript Request.11-10686
04/12/2011Docketing StatementFiled Docketing Statement.11-10867
05/09/2011Record on Appeal DocumentsFiled Record on Appeal. Volumes 1-49 (Via FTP).11-13560
05/11/2011Notice of Appeal DocumentsFiled Pre-Sentence Investigation (PSI) Report (SEALED).
08/04/2011MotionFiled Motion for Extension of Time to File Opening Brief.11-23484
08/05/2011Order/ProceduralFiled Order Granting Motion. Appellant: Opening Brief due: November 2, 2011.11-23584
11/02/2011MotionFiled Motion for Extension of Time to File Opening Brief.11-33761
11/07/2011Order/ProceduralFiled Order Granting Motion. Opening Brief due: December 2, 2011.11-34205
11/29/2011MotionFiled Motion for Extension of Time to File Opening Brief.11-36627
12/02/2011Order/ProceduralFiled Order Granting Motion. Opening Brief due: January 31, 2012.11-37062
01/30/2012MotionFiled Motion for Extension of Time to File Opening Brief (90 days).12-03255
02/13/2012Order/ProceduralFiled Order Granting Motion In Part. Appelant shall have until April 2, 2012, to file and serve the opening brief.12-04713
04/02/2012MotionFiled Motion for Extension of time to file Opening Brief.12-10355
04/10/2012Order/ProceduralFiled Order Granting Motion. Appellant: Opening Brief and Appendix due: May 2, 2012.12-11403
05/02/2012MotionFiled Motion to transmit exhibits.12-13853
05/02/2012MotionFiled Motion for Enlargement of Page Limitation.12-13862
05/02/2012AppendixFiled Appendix to Opening Brief Vol 1.12-13863
05/21/2012Order/ProceduralFiled Order Granting Motions and Directing District Court Clerk to Transmit Exhibits. District Court Clerk: Supplemental Record due: 30 days. The clerk of this court shall file the opening brief received on May 2, 2012. Respondent: Answering Brief due: 60 days.12-16021
05/21/2012BriefFiled Opening Brief.12-16022
06/04/2012ExhibitFiled Exhibit (original). State's Exhibits: 213; 214; 219; 221 and 248 also enclosed State's Proposed Exhibits: 208; 220; 223; 236; 247; 251 and 252.
07/20/2012MotionFiled Motion for Enlargement of Time.12-22919
07/27/2012Order/ProceduralFiled Order Granting Motion. Respondent: Answering brief due: October 18, 2012.12-23829
10/17/2012MotionFiled Motion to Extend Time to File Answering Brief (Second Request).12-32993
10/29/2012Order/ProceduralFiled Order Granting Motion. Respondent: Answering Brief due: December 17, 2012.12-34018
12/14/2012MotionFiled Motion for Enlargement of Time (Third Request - Answering Brief).12-39711
12/21/2012Order/ProceduralFiled Order Granting Motion. Respondent: Answering Brief due: February 15, 2013.12-40496
02/13/2013MotionFiled Motion for Enlargement of Time Fourth Request. (Answering Brief)13-04585
02/15/2013Order/ProceduralFiled Order Granting Motion. Respondent: Answering Brief due: April 16, 2013.13-04911
04/16/2013MotionFiled Motion for Enlargement of Time to File Answering Brief (Fifth Request).13-11271
04/19/2013Order/ProceduralFiled Order Granting Motion. Respondent: Answering brief due: April 22, 2013.13-11555
04/23/2013BriefFiled Respondent's Answering Brief.13-11854
05/23/2013MotionFiled Motion for Extension of Time to File Reply Brief (90 days).13-15291
05/28/2013Order/ProceduralFiled Order Directing Transmission of Supplemental Record. District Court: Supplemental Record due: June 24, 2013.13-15537
05/29/2013Order/ProceduralFiled Order Granting Motion. Appellant: Reply brief due: August 21, 2013.13-15823
06/05/2013Record on Appeal DocumentsFiled Supplemental Record on Appeal - Death Direct. Volumes 50-57(Via FTP)13-16406
08/21/2013MotionFiled Motion for Extension of Time to File Reply Brief.13-24733
08/30/2013Order/ProceduralFiled Order Granting Motion. Appellant shall have until October 7, 2013, to file and serve the reply brief.13-25735
10/07/2013MotionFiled Motion for Extension of Time to File Reply Brief.13-29891
10/11/2013Order/ProceduralFiled Order. Appellant: Reply Brief due: October 25, 2013.13-30446
10/28/2013MotionFiled Motion for Extension of time to file Reply Brief.13-32212
11/01/2013Order/ProceduralFiled Order. Appellant shall have until November 4, 2013, to file the reply brief.13-32874
11/01/2013MotionFiled Motion for Enlargment of Page Limitation of Reply Brief.13-32927
11/12/2013Order/ProceduralFiled Order. The clerk of this court shall reject the reply brief received on November 1, 2013. Appellant: Reply brief due: 15 days.13-33762
11/14/2013BriefFiled Reply Brief.13-34340
11/14/2013Case Status UpdateBriefing Completed/To Screening.
12/31/2013Order/ProceduralFiled Statement Pursuant to NRS 177.267.13-39669
01/17/2014MotionFiled Motion for Leave to Supplement Answering Brief.14-01785
01/24/2014Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the supplemental answering brief received via E-Flex on January 17, 2014. Appellant shall have 11 days from the date of this order to file and serve a supplemental reply brief that is double-spaced and does not exceed 5 pages or 2,500 words and complies with the formatting requirements in NRAP 32(a) in all other respects.14-02602
01/24/2014BriefFiled Respondent's Supplemental Answering Brief.14-02603
02/24/2014Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This matter will be scheduled for oral argument on the next available calendar.14-05930
04/23/2014Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled Tuesday, June 3, 2014, at 10:00 a.m. in Las Vegas. Argument shall be limitied to 60 minutes.14-13079
05/20/2014Notice/OutgoingIssued Oral Argument Reminder Notice.14-16370
06/03/2014Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
06/05/2014Order/ProceduralFiled Order Directing Counsel to Request Transcripts. Appellant: 10 days to file a transcript request form (5/27/06, 5/30/06, and 6/07/06 proceedings). If these transcripts cannot be produced, counsel shall so inform this court.14-18301
06/16/2014MotionFiled Response to June 5, 2014 Order to Request Transcripts.14-19780
07/02/2014MotionFiled Motion for Leave to File Supplement in Response to New Claim Raised in Reply Brief and at Oral Argument.14-21705
07/30/2014Order/ProceduralFiled Order Granting Motion. The clerk of this court is directed to file the document received via E-Flex on July 2, 2014.14-24917
07/30/2014MotionFiled Supplemental Response to New Claim Raised in Reply and at Oral Argument.14-24919
08/04/2014MotionFiled Motion to File Response to State's Supplemental Response Filed July 30,2014.14-25456
08/15/2014Order/ProceduralFiled Order Granting Motion. Appellant: 11 days to file a response that is no longer than 5 pages in length or its equivalent number of words.14-26837
08/26/2014BriefFiled Supplemental Brief. (In response to order issued on 8/15/2014).14-28211
03/31/2016Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before the Court En Banc. Author: Cherry, J. Majority: Cherry/Parraguirre/Saitta. Douglas, J., concurring. Pickering, J., with whom Hardesty and Gibbons, JJ., agree, concurring in part and dissenting in part. 132 Nev. Adv. Opn. No. 20. EN BANC16-10013
04/18/2016MotionFiled Motion for Enlargement of Time. (Petition for Rehearing)16-12034
04/20/2016Order/ProceduralFiled Order Granting Motion. Respondent's Petition for Rehearing due: May 2, 2016.16-12335
05/02/2016MotionFiled Motion for Enlargement of Time Second Request (Petition for Rehearing).16-13717
05/17/2016Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the petition for rehearing received on May 10, 2016.16-15414
05/17/2016Post-Judgment PetitionFiled Respondent's Petition for Rehearing.16-15415
06/24/2016Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). PICKERING, J., with whom, HARDESTY, J., agrees, dissenting.16-19789
06/29/2016MotionFiled Respondent's Motion to Stay Remittitur.16-20319
07/14/2016Order/ProceduralFiled Order Granting Motion to Stay Remittitur. We hereby stay issuance of the remittitur until October 27, 2016. If the clerk of this court receives written notice by October 27, 2016, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by October 27, 2016, the remittitur shall issue forthwith.16-21945
08/24/2016Notice/OutgoingIssued Letter to Publishers regarding corrections to recently filed opinions. Nos. 58101/67835/67519/65598/67786/6536416-26404
11/07/2016RemittiturIssued Remittitur. Returned Original State's Exhibits 213, 214, 219, 221, 248 and Original State's Proposed Exhibits 208, 220, 223, 236, 247, 251, 25216-34650
11/07/2016Case Status UpdateRemittitur Issued/Case Closed.
11/29/2016RemittiturFiled Remittitur. Received by District Court Clerk on November 16, 2016.16-34650