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Case Information: 62107
Short Caption:ABARRA VS. STATECourt:Supreme Court
Related Case(s):70023, 70023-COA
Lower Court Case(s):Carson City - First Judicial District - 12OC001741BClassification:Civil Appeal - General - Pro Bono Program
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:11/13/2014 at 1:30 PMOral Argument Location:Carson City
Submission Date:11/13/2014How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/14/2012Filing FeeFiling Fee Waived. In Forma Pauperis.
11/14/2012Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person Pilot Program. Filed certified copy of proper person notice of appeal. (Pilot program civil appeals order and documents mailed to proper person appellant.)12-36078
11/14/2012Notice of Appeal DocumentsFiled Copy of District Court Docket Entries12-36167
11/16/2012Notice of Appeal DocumentsFiled District Court Notice of Deficiency of Notice of Appeal. Filed in district court on: 11/13/12.12-36502
12/06/2012BriefFiled Civil Proper Person Appeal Statement.12-38514
12/07/2012Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.12-38689
02/11/2013Order/ProceduralFiled Order Directing Service of Notice of Appeal. Appellant shall have 20 days from the date of this order to properly serve the notice of appeal on respondent.13-04323
02/21/2013Notice/IncomingFiled Proper Person Notice. Re: Court's Order of February 11, 2013.13-05535
04/23/2013Order/ProceduralFiled Order/Transmit Record. Record due: 30 days.13-11890
04/25/2013Notice of Appeal DocumentsFiled Copy of District Court Updated Docket Sheet.13-12183
05/09/2013Record on Appeal DocumentsFiled Record on Appeal Volume 1.13-36747
05/09/2013Case Status UpdateSubmitted for Decision.
06/21/2013Notice of Appeal DocumentsFiled Copy of District Cort docket sheet.13-18364
06/28/2013Notice/IncomingFiled Notice of Substitution of Attorney (Senior Deputy Attorney General Clark G. Leslie in place and stead of Deputy Attorney General Nathan Hastings).13-19124
07/08/2013Notice of Appeal DocumentsFiled District Court Docket Entries.13-19854
07/12/2013Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.13-20571
08/08/2013MotionFiled Proper Person Motion for Leave to File Additional District Court Records Not Previously Transmitted to this Court.13-23341
08/22/2013Order/ProceduralFiled Order Regarding Pro Bono Counsel. The court has determined that the appointment of pro bono counsel to represent appellant would benefit the court's review. If appellant does not wish to have pro bono counsel, appellant shall so advise the court in writing within 30 days of the date of this order. The clerk of this court shall transmit a copy of this order and the attached case summary to the Appellate Law Section, Pro Bono Committee, State Bar of Nevada, for selection of pro bono counsel who shall, if pro bono counsel is accepted, enter an appearance for purposes of this appeal within 30 days from the date of this order.The clerk of this court shall establish a revised briefing schedule. Pro bono counsel shall appear at oral argument. This appeal no longer stands submitted for decision on the appeal statement. The appeal is stayed pending further order of this court.13-24851
09/19/2013Notice/IncomingFiled Notice of Appearance (Jeffrey A. Silvestri, Esq., and Jeffry S. Riesenmy, Esq., of the law firm of McDonald Carano Wilson, LLP appearing on behalf of David Abarra).13-27881
09/26/2013Order/ProceduralFiled Order Directing Compliance with NRAP 9 and Setting Briefing Schedule. Appellant shall have 14 days from the date of this order to file either a transcript request form or a certification that no transcripts are requested under NRAP 9. Appellant shall have 120 days from the date of this order to file and serve the opening brief. In light of this order, we deny appellant's proper person motion for "Leave to File Additional District Court Records Not Previously Transmitted to this Court," filed on August 8, 2013, without prejudice to his right to submit for filing documents through counsel. Because the trial court record has been filed in this appeal, the parties are permitted, but not required, to cite to that record in lieu of filing joint or separate appendices with their briefs. We vacate the stay of this appeal imposed by our August 22, 2013, order.13-28910
09/30/2013MotionFiled Motion to Withdraw as Counsel.13-29087
10/02/2013Letter/IncomingFiled Proper Person Letter. Letter from proper person appellant seeking permission to file a supplemental brief should the court fail to appoint pro bono counsel.13-29361
10/17/2013Order/ProceduralFiled Order Granting Motion to Withdraw, Referring Case for Selection of Pro Bono Counsel, and Setting New Briefing Schedule. We vacate the briefing schedule set by our September 26, 2013, order. We direct the clerk of this court to transmit a copy of this order and the attached case summary to the Pro Bono Committee for selection of pro bono counsel who shall, if pro bono counsel is accepted, enter an appearance for purposes of this appeal only within 30 days from the date of this order. Once pro bono counsel enters an appearance in this court, the clerk of this court shall transmit a copy of this order to counsel within five days from the date of appearance. Appellant's counsel: 30 days to file a transcript request form; 120 days to file and serve the opening brief. Pro bono counsel shall consult with appellant to determine whether: (1) replacement briefing; or (2) supplemental briefing will be submitted. Appellant shall state on the cover page of his brief whether it is a replacement brief or a supplement to appellant's previously filed proper person appeal statement. The parties are permitted, but not required, to cite to that record in lieu of filing joint or separate appendices with their briefs. At the conclusion of briefing, this court will schedule the matter for oral argument. We defer ruling on appellant's proper person October 2, 2013, letter seeking permission to file a supplemental brief should the court fail to appoint pro bono counsel.13-31299
11/13/2013Notice/IncomingFiled Notice of Appearance (Kent R. Robinson, Esq and Therese M. Shanks, Esq., of the law firm of Robison, Belaustegui, Sharp & Low appearing on behalf of David Abarra).13-34094
12/05/2013Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.13-36493
12/05/2013Notice of Appeal DocumentsFiled Copy of District Court Docket Entries -Updated Docket Sheet.13-36601
01/08/2014Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.14-00699
03/13/2014BriefFiled Appellant's Opening Brief.14-08191
04/11/2014Order/Clerk'sFiled Order Granting Telephonic Extension. Respondent shall have until April 21, 2014, to file and serve the answering brief.14-11738
04/21/2014BriefFiled Respondent's Answering Brief.14-12862
05/20/2014BriefFiled Appellant's Reply Brief.14-16387
05/20/2014Case Status UpdateBriefing Completed/To Screening.
06/10/2014Order/ProceduralFiled Order Denying Motion to File Proper Person Brief. Appellant's proper person motion is denied as moot.14-18812
09/25/2014Order/ProceduralFiled Order Re: Scheduling of Oral Argument. This matter will be scheduled for oral argument on the next available calendar.14-31930
10/07/2014Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Thursday, November 13, 2014, at 1:30 p.m. in Carson City for 30 minutes.14-33352
10/08/2014Notice/IncomingFiled Notice of Appearance Re: Oral Argument (Clark G. Leslie appearing on behalf of Respondents at Oral Argument scheduled for 11/13/14 at 1:30 pm).14-33385
10/08/2014Notice/IncomingFiled Notice of Appearance; Theresa M. Shanks shall appear for Appellant at the oral Argument.14-33421
10/30/2014Notice/OutgoingIssued Oral Argument Reminder Notice.14-36103
11/13/2014Case Status UpdateOral argument held this day. Case submitted for decision. To the Northern Nevada Panel. NNP14 KP/RP/NS.
02/05/2015Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before: Parraguirre/Saitta/Pickering. Author: Parraguirre, J. Majority: Parraguirre/Saitta/Pickering. 131 Nev. Adv. Opn. No. 3. NNP1415-03800
03/02/2015RemittiturIssued Remittitur.15-06491
03/02/2015Case Status UpdateRemittitur Issued/Case Closed.
03/11/2015RemittiturFiled Remittitur. Received by County Clerk on March 4, 2015.15-06491
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.)