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Case Information: 61946
Short Caption:TORRES (RALPH) VS. STATECourt:Supreme Court
Lower Court Case(s):Elko Co. - Fourth Judicial District - CRFP08299Classification:Criminal Appeal - Other - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:06/05/2017 at 11:30 AMOral Argument Location:Las Vegas
Submission Date:06/05/2017How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/22/2012Filing FeeAppeal Filing fee waived. Criminal.
10/22/2012Notice of Appeal DocumentsFiled Notice of Appeal/Fast Track. Filed certified copy of notice of appeal. (Fast Track Notice issued to counsel for appellant.)12-33413
11/09/2012TranscriptFiled Notice from Court Reporter. Kristy Oros stating that the requested transcripts were delivered. Dates of transcripts: 1/13/12; 3/27/12; 5/18/12; 10/1/1212-35709
11/29/2012MotionFiled Stipulation for extension of time to file fast track statement.12-37703
12/04/2012Order/ProceduralFiled Order Granting Motion. Appellant: Fast Track Statement and Appendix due: 30 days.12-38116
01/07/2013Fast Track BriefFiled Appellant's Fast Track Statement.13-00450
01/07/2013AppendixFiled Joint Appendix Volume I.13-00454
01/07/2013AppendixFiled Joint Appendix Volume I cont.13-00455
01/28/2013Fast Track BriefFiled Fast Track Response.13-02866
02/11/2013Fast Track BriefFiled Reply to Fast Track Response.13-04315
02/11/2013Case Status UpdateFast Track Briefing Completed.
02/22/2013Order/ProceduralFiled Order Directing Full Briefing. Appellant: Opening Brief due: 30 days.13-05597
03/21/2013MotionFiled Motion for two-week extension of time to file Appellant's opening brief; Affidavit of counsel in support of motion, and notice of non-opposition by Respondent.13-08517
03/21/2013Notice/OutgoingIssued Notice Motion/Stipulation Approved. Opening Brief due: 04/08/13.13-08531
04/09/2013BriefFiled Appellant's Opening Brief.13-10285
05/08/2013BriefFiled Respondent's Answering Brief.13-13595
06/10/2013BriefFiled Reply Brief.13-16839
06/10/2013Case 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.13-32220
11/12/2013Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Tuesday, January 7, 2014, at 11:30 a.m. in Carson City, for 30 minutes.13-33708
12/17/2013Notice/OutgoingIssued Oral Argument Reminder Notice.13-38244
01/07/2014Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
01/29/2015Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before the Court En Banc. Author: Hardesty, C.J. Majority: Hardesty/Parraguirre/Douglas/Cherry/Saitta/Gibbons/Pickering.131 Nev. Adv. Opn. No. 2. EN BANC15-03102
02/13/2015MotionFiled Motion to Stay Remittitur Pending Applicatation to U.S. Supreme Court for a Writ of Certiori.15-04926
02/19/2015Order/ProceduralFiled Order Granting Motion to Stay Remittitur. We hereby stay issuance of the remittitur until May 14, 2015. 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 a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by May 14, 2015, the remittitur shall issue on May 15, 2015.15-05452
03/13/2015Notice/OutgoingIssued Letter to Publishers with corrections to recently filed opinions. (Letter dated March 12, 2015) Nos. 60478/63311/61193/62606/63787/61946/62107/65122/58904/59815. (Letter entered in 60478 as document no. 15-07810.)
04/21/2015Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. An extension for a petition for a writ of certiorari was filed and extended to June 28, 2015.15-11999
05/12/2015MotionFiled Motion to Extend Stay of Remittitur.15-14532
05/13/2015Order/ProceduralFiled Order Granting Motion and Staying Remittitur. We hereby stay the issuance of the remittitur until June 29, 2015. If the clerk of this court receives notice by that date, 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 June 29, 2015, the remittitur shall issue on June 30, 2015.15-14729
06/30/2015Notice/IncomingFiled Notice of Filing of Petition for Writ of Certiorari with the United States Supreme Court15-19833
07/07/2015Notice/IncomingFiled Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed June 30, 2015 and placed on the docket as Case No. 15-5.15-20642
07/24/2015Order/ProceduralFiled Order Staying Remittitur. Issuance of the remittitur is hereby stayed until final disposition of the certiorari proceedings.15-22469
07/01/2016Notice/IncomingFiled Notice from the U.S. Supreme Court, The Motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Supreme Court of Nevada for further consideration in light of Utah v. Strieff, 579 U.S._(2016).16-20720
07/29/2016Order/IncomingFiled Filed Mandate and Judgment from Supreme Court of the United States.16-23657
09/07/2016Notice/IncomingFiled Notice of Appearance (Lawrence Vandyke and Jeffrey Conner as counsel for the Respondent).16-27800
09/07/2016MotionFiled Motion for Supplemental Briefing.16-27801
09/14/2016MotionFiled Notice of non-opposition to State's Motion for Supplemental Briefing.16-28511
09/15/2016Order/ProceduralFiled Order Directing Supplemental Briefing. We grant the motion for supplemental briefing; however, we decline to limit the briefing as requested by the State. Torres shall have 30 days from the date of this order to file and serve a supplemental opening brief. The State shall have 30 days from service of the supplemental opening brief to file and serve a supplemental answering brief. Torres shall then have 15 days following service of the supplemental answering brief to file and serve any supplemental reply brief.16-28622
09/16/2016Notice/IncomingFiled Substitution of Attorney (Michael Becker to Replace The Office of the Public Defender as counsel for the Appellant).16-28726
10/14/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Supplemental Opening Brief due: October 31, 2016.16-32130
11/01/2016BriefFiled Appellant's Supplemental Brief (Opening Brief).16-34100
12/02/2016BriefFiled Respondent's Supplemental Answering Brief.16-37301
12/19/2016BriefFiled Appellant's Supplemental Reply Brief.16-39350
12/20/2016MotionFiled Respondent's Unopposed Motion to Set Oral Argument.16-39563
03/29/2017Order/ProceduralFiled Order Granting Motion. The State has filed a motion requesting this court to allow oral argument in this case. We have determined that oral argument would be of assistance in the resolution of this appeal. Accordingly, the motion is granted. The clerk of this court is directed to schedule this appeal for oral argument on the next available calendar.17-10486
04/26/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, June 5, 2017, at 11:30 a.m. for 30 minutes in Las Vegas.17-13839
05/22/2017Notice/OutgoingIssued Oral Argument Reminder Notice.17-16977
06/02/2017Notice/IncomingFiled Notice of Appearance (Michael Castillo as counsel for the Appellant - and will be co-counsel for Oral Argument).17-18385
06/02/2017Notice/IncomingFiled Notice of Appearance (Adam Solinger as counsel for the Appellant).17-18413
06/05/2017Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
01/22/2018Order/ProceduralFiled Order of Limited Remand. District Court Status Report due: 60 days.18-02804
03/02/2018Notice/IncomingFiled Status Memo; and Order Setting Hearing. Filed in district court on 2/23/18.18-08360
05/18/2018Order/IncomingFiled District Court Order. Certified copy of order filed in district court on May 14, 2018. Findings of Fact Following Status Hearing.18-19042
06/15/2018MotionFiled Appellant's Motion to Supplemental the Record.18-22871
06/26/2018Order/ProceduralFiled Order Granting Motion. The clerk shall file the transcript received on June 15, 2018.18-24282
06/26/2018TranscriptFiled Transcript. Proceedings: Tuesday, May 1, 2018. Court Reporter: Julie Rowan.18-24281
09/25/2018Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Douglas, C.J., with whom Cherry and Stiglich, JJ., agrees dissenting. EN BANC (CORRECTED ORDER OF AFFIRMANCE FILED ON 9/26/18).
09/26/2018Order/DispositionalFiled Corrected Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Stiglich,J., concurring in part and dissenting in part. Douglas, C.J., with whom Cherry, J. agrees dissenting. EN BANC18-37574
10/22/2018RemittiturIssued Remittitur.18-41373
10/22/2018Case Status UpdateRemittitur Issued/Case Closed.
11/02/2018RemittiturFiled Remittitur. Received by District Court Clerk on October 29, 2018.18-41373