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Case Information: 39864
Short Caption:BENNETT (ASHLEY) VS. STATECourt:Supreme Court
Related Case(s):40097, 44745, 46324, 59024, 70618, 70618-COA, 76801, 76801-COA, 81873, 82495
Lower Court Case(s):Clark Co. - Eighth Judicial District - C175914Classification:Criminal Appeal - Life - Direct
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Senior Justice Shearing for Justice DouglasPanel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:08/27/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/03/2002Filing Fee Filing Fee Waived.
07/03/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)02-11394
07/03/2002Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
07/12/2002Docketing StatementFiled Docketing Statement.02-11951
07/12/2002Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on: July 10, 2002.02-11952
08/30/2002Order/ProceduralFiled Order. To date, appellant has failed to file either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant, shall, within 10 days of the date of this order, file and serve the required document.02-15044
09/10/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: June 18, 2002. To Court Reporter: Cat Nelson.02-15617
10/30/2002Notice/IncomingFiled Notice of Appearance. Martin R. Boyers enters his appearance as co-counsel.02-18701
10/30/2002MotionFiled Motion. Motion to Hold Briefing Schedule in Abeyance, or, Alternatively, Motion for Extension of Time to File Opening Brief and Appendix.02-18703
11/06/2002Order/ProceduralFiled Order Denying Motion. Denying Motion in Part. Appellant has moved this court to hold this appeal in abeyance pending the filing and disposition of a motion for a new trial in the court below. Alternatively, appellant requests an extension of time to file the opening brief and appendix to and including February 28, 2003. We deny appellant's request to hold this appeal in abeyance. Appellant shall have to and including January 3, 2003, to file the opening brief and appendix.02-19115
11/07/2002Order/Procedural Order. To date, Court recorder Cat Nelson has not filed the requested transcripts. Ms. Nelson shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, Ms. Nelson shall, within the same time period, file a motion requesting an extension of time or if the transcripts cannot be produced, notify this court, in writing, of this fact.02-19205
11/13/2002MotionFiled Motion. Motion to Withdraw as Co-Counsel of Record.02-19519
12/11/2002Letter/IncomingFiled Letter. from Court Reporter Cathy Nelson regarding transcripts.02-21159
12/18/2002Order/ProceduralFiled Order Granting Motion. On November 13, 2002, attorney Martin R. Boyers filed a motion to withdraw as co-counsel of record for appellant. We grant the motion. The clerk of this court shall remove Mr. Boyers as co-counsel for appellant. fn1[This court docket indicates that Mr. Stanley A. Walton remains counsel of record for appellant in this appeal. Mr. Walton shall comply with the filing deadlines in this appeal.]02-21614
01/02/2003MotionFiled Motion. FILED UNDER SEAL. 05/02/03 Order: we deny Mr. Walton's request to file the motion under seal. The clerk of this court shall unseal the motion filed on January 2, 2003.03-00128
05/02/2003Order/ProceduralFiled Order. On January 2, 2003, attorney Stanley A. Walton filed a motion to withdraw as counsel for appellant. Mr. Walton has requested this court to file the motion under seal. No good cause appearing, we deny Mr. Walton's request to file the motion under seal. The clerk of this court shall unseal the motion filed on January 2, 2003. We grant the unopposed motion. The clerk of this court shall remove Mr. Walton as counsel of record for appellant. We remand this appeal for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain new counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court. New counsel shall have 100 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). On November 7, 2002, this court entered an order directing court recorder Cat Nelson to prepare and file the transcripts for proceedings conducted on June 18, 2002. On December 11, 2002, Ms. Nelson indicates that she is unable to produce the requested transcript because the machine used for recording those proceedings malfunctioned. Because the transcript for proceedings conducted on June 18, 2002, cannot be produced, we vacate our November 7, 2002, order directing Ms. Nelson to produce and file that transcript. If either party needs a record from those proceedings, the parties may produce a statement of the proceedings in compliance with NRAP 9(d). Any statement of proceedings produced in compliance with NRAP 9(d) shall be filed with this court within 90 days from the date of this order.03-07445
05/22/2003Notice/OutgoingIssued Letter. to Ashley Bennett in response to his letter received on April 9, 2003.
06/09/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: Christopher R. Oram.03-09608
06/13/2003Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on June 11, 2003. Christopher Oram is appointed as counsel for appellant.03-09908
08/08/2003MotionFiled Motion to Extend Time.03-13268
08/11/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed August 8, 2003. Appellant shall have until September 9, 2003, to file and serve the opening brief and appendix.03-13331
09/09/2003MotionFiled Motion to Extend Time.03-15118
09/11/2003Order/ProceduralFiled Order Granting Motion. filed September 9, 2003. Appellant shall have until October 9, 2003, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance.03-15224
10/09/2003MotionFiled Motion to Extend Time.03-16795
10/10/2003Order/ProceduralFiled Order Granting Motion. filed October 9, 2003. Appellant shall have until October 17, 2003, to file and serve the opening brief and appendix. Any additional extensions of time will be granted only on a showing of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance.03-16857
10/20/2003MotionFiled Motion and Order/Excess Pages. Granted: 35 pages.03-17403
10/20/2003BriefFiled Opening Brief.03-17464
10/20/2003AppendixFiled Appendix to Opening Brief. Vols. 1 through 5.03-17465
11/20/2003BriefFiled Answering Brief.03-19398
12/31/2003Case Status Update Briefing Completed. No reply brief filed.
01/02/2004MotionFiled Motion to Extend Time.04-00071
01/06/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed January 2, 2004. Appellant shall have until January 22, 2004, to file and serve the reply brief.04-00255
01/26/2004BriefFiled Reply Brief.04-01493
04/19/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
08/27/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1).04-15585
08/27/2004Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP04S-MS/RR/WM
10/05/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04S-MS/RR/WM04-18415
11/02/2004RemittiturIssued Remittitur.04-18486
11/02/2004Case Status Update Remittitur Issued/Case Closed.
12/01/2004RemittiturFiled Remittitur. Received by County Clerk on November 8, 2004.04-18486
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