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Case Information: 49087
Short Caption:LOBATO (KIRSTIN) VS. STATECourt:Supreme Court
Related Case(s):58913, 59147
Lower Court Case(s):Clark Co. - Eighth Judicial District - C177394Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:10/17/2008 at 10:00 AMOral Argument Location:William S. Boyd School of Law - UNLV
Submission Date:10/17/2008How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/16/2007Filing Fee Filing Fee Waived.
03/16/2007Notice 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.)07-06153
03/16/2007Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 10/7/04, 10/28/04, 11/9/04, 1/27/05, 2/1/05, 3/8/05, 8/16/05, 10/27/05, 11/3/05, 3/3/06, 3/27/06, 5/19/06, 5/23/06, 7/28/06, 8/10/06, 9/7/06, 9/11/06, 9/12/06, 9/13/06, 9/14/06, 9/15/06, 9/18/06, 9/19/06, 9/20/06, 9/21/06, 9/22/06, 9/25/06, 9/26/06, 9/27/06, 9/28/06, 9/29/06, 10/2/06, 10/3/06, 10/4/06, 10/5/06, 10/6/06, 11/21/06 and 2/2/07. Court Reporters: Lisa Lizotte, Liz Garcia and Debi Van Blaricom. Filed in district court on: March 12, 2007.07-06154
03/16/2007MotionFiled Motion. Motion for Waiver of Application of NRAP 3C and Request for Full Briefing.07-06156
03/19/2007MotionFiled Motion to Extend Time.07-06315
04/16/2007MotionFiled Motion for Stay. Motion for Stay of Fast Track Appeal.07-08522
04/30/2007Order/ProceduralFiled Order Granting Motion. and Directing Full Briefing. This court has concluded that full brief is warranted, and the motion is therefore granted. Opening brief and appendix due: 120 days. Briefing shall proceed with the schedule set forth in NRAP 31. On March 19, 2007, court recorder Lisa Lizotte filed a motion for an extension of time to file the transcripts. Transcripts due: 45 days. On April 16, 2007, counsel for appellant filed a motion to suspend the deadlines for the filing of documents pursuant to NRAP 3C. The motion is denied as moot.07-09559
05/17/2007TranscriptFiled Transcript. Proceedings: 10/7/04, 10/28/04,11/9/04, 1/27/05, 2/1/05, 3/8/05, 8/16/05, 10/27/05, 11/3/05, 3/3/06, 3/27/06, 5/23/06, 8/10/06, 9/7/06, 9/11/06, 9/12/06, 9/13/06, 9/14/06, 9/15/06, 9/18/06, 9/19/06, 9/20/06, 9/21/06, 9/22/06, 9/25/06, 9/26/06, 9/27/06, 9/28/06, 9/29/06, 10/2/06, 10/3/06, 10/4/06, 10/5/06, 10/6/06, 11/21/06 and 2/2/07. Court Reporter: Lisa Lizotte.07-10953
08/22/2007MotionFiled Stipulation and Order. Brief due: September 27, 2007.07-18614
10/01/2007MotionFiled Motion to Extend Time.07-21561
10/11/2007Order/ProceduralFiled Order Granting Motion. and Re: Transcripts. Appellant shall have until October 29, 2007, to file and serve the opening brief and appendix. Ms. Lizotte shall have 15 days from the date of this order to file the July 28, 2006, transcript. fn2[A copy of the transcript request form is attached to this order.]07-22458
10/17/2007TranscriptFiled Transcript. Proceedings: 7/28/06. Court Reporter: Lisa Lizotte.07-22920
10/30/2007MotionFiled Motion to Extend Time. Third request07-23792
11/06/2007TranscriptFiled Transcript. Proceedings: 09/26/06. Court Reporter: Lisa Lizotte.07-24267
11/09/2007Order/ProceduralFiled Order Granting Motion. Appellant's opening brief and appendix due: November 28, 2007.07-24542
12/04/2007MotionFiled Motion for Excess Pages. Motion for Leave to File Fifty-Three Page Appellant's Opening Brief.07-26129
12/04/2007MotionFiled Motion. Motion to Transmit Exhibit for Court's Consideration.07-26132
12/26/2007Order/ProceduralFiled Order. The clerk shall file the opening brief and appendix received on December 4, 2007. Exhibit 125A (a redacted audio tape recording) due: 20 days from the district court. fn1[As it is not an official transcript, the court will not consider the transcript of the redacted audio tape attached to appellant's motion.]07-28037
12/26/2007BriefFiled Opening Brief.07-26130
12/26/2007AppendixFiled Appendix to Opening Brief. Vols. 1 through 9.07-26131
01/30/2008BriefFiled Answering Brief.08-02419
02/26/2008BriefFiled Reply Brief.08-04717
08/26/2008Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 17, 2008 at 10:00 a.m. (SNP08-JH/RP/MD)08-21952
10/02/2008Notice/OutgoingIssued Oral Argument Reminder Notice.08-25441
10/16/2008Letter/IncomingFiled Letter. from David Kihara of the Las Vegas Review-Journal requesting permission to have a photographer in the courtroom. Nos. 49087/49246/49579. Filed via fax.08-26704
10/16/2008Order/ProceduralFiled Order. Permission is granted for photographic or electronic media coverage of the aforesaid matter, for news purposes and not for commercial exploitation. David Kihara of the Las Vegas Review-Journal is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants.08-26734
10/16/2008Notice/IncomingFiled Notice. Faxed notice from Miriam Firestone, KVBC Channel 3, requesting media coverage of oral argument. Nos. 49087, 49446, 49579 (not consolidated).08-26771
10/16/2008Order/ProceduralFiled Order. permission is granted for video media coverage of the aforesaid matters, for news purposes and not for commercial exploitation. Miriam Firestone of the KVBC-TYl is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. Nos. 49087, 49246, 49579.08-26775
10/17/2008Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP08-JH/RP/MD
02/05/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP08-JH/RP/MD09-03216
02/12/2009Post-Judgment PetitionFiled Petition for Rehearing.09-03802
03/27/2009Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c).09-07687
04/03/2009MotionFiled Motion for Stay. Motion to Stay Remittitur.09-08395
04/03/2009Post-Judgment PetitionFiled Petition for En Banc Reconsideration.09-08396
04/13/2009Order/ProceduralFiled Order. Granting Motion. Issuance of the remittitur in this appeal shall be stayed pending resolution of the petition for en banc reconsideration.09-09143
05/19/2009Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC09-12433
05/26/2009MotionFiled Motion. to Stay Remittitur.09-12932
05/29/2009Order/ProceduralFiled Order. Granting Motion and Staying Remittitur. We hereby stay issuance of the remittitur until August 31, 2009. If the clerk of this court receives written notice by August 31, 2009, 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 August 31, 2009, the remittitur shall issue on that date.09-13356
08/20/2009Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed on August 5, 2009 and placed on the docket August 14, 2009 as Case No. 09-5909.09-20280
08/21/2009Notice/IncomingFiled Notice. Notice of Filing of Petition for a Writ of Certiorari.09-20338
10/14/2009Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied.09-25044
10/14/2009RemittiturIssued Remittitur. Returned Exhibits:Exhibit 125A (a redacted audio tape recording) this day.09-25054
10/14/2009Case Status Update Remittitur Issued/Case Closed.
10/19/2009RemittiturFiled Remittitur. Received by County Clerk on October 16, 2009.09-25054
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