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Case Information: 89064
Short Caption:STATE VS. DEGRAFFENREID, III (JAMES) (CRIMINAL)Court:Supreme Court
Related Case(s):82178, 89064-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C379122-1, C379122-2, C379122-3, C379122-4, C379122-5, C379122-6Classification:Criminal Appeal - Other - Pretrial
Disqualifications:Case Status:Screening Completed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

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+ Due Items

Docket Entries
DateTypeDescriptionPending?Document
07/29/2024Filing FeeAppeal Filing Fee Waived. Criminal. (SC)
07/29/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (DEGRAFFENREID - C379122-1). (SC)24-26422
07/29/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (HINDLE - C379122-2). (SC)24-26423
07/29/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (LAW - C379122-3). (SC)24-26424
07/29/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (MCDONALD - C379122-4). (SC)24-26425
07/29/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (MEEHAN - C379122-5). (SC)24-26426
07/29/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (RICE - C379122-6). (SC)24-26427
07/31/2024Docketing StatementFiled Appellant' s Docketing Statement (SC)24-26809
07/31/2024MotionFiled Appellant's State of Nevada's Motion for Expedited Consideration of Appeal (Immediate Consideration Requested)(SC)24-26836
07/31/2024Notice/IncomingFiled Appellant's Amended Certificate of Service(SC)24-26877
08/06/2024Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondents response to the motion for expedited consideration of appeal filed on July 31, 2024 due: August 21, 2024. (SC)24-27578
08/09/2024Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12-18-2023; 03-03-2024; 05-15-2024 To Court Reporter: Yvette G. Sison (SC)24-28070
08/21/2024MotionFiled Respondents' Motion for Leave to Transmit Physical Exhibits to Respondents' Joint Response to State's Motion to Expedite, (STRICKEN PER ORDER FILED ON 8/23/24) (SC)
08/21/2024MotionFiled Respondents Joint Response to State's Motion to Expedite (STRICKEN PER 8/23/24 ORDER). (SC)24-29943
08/23/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Motion for Leave to Transmit Physical Exhibits. Corrected Motion due: 7 days from the date of this order. (SC)24-30227
08/23/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Respondents' Joint Response to State's Motion to Expedite". Corrected response due: 7 days. (SC)24-30236
08/23/2024MotionFiled Respondents' Motion for Leave to Transmit Physical Exhibits to Respondents' Joint Response to State's Motion to Expedite. (SC).24-30252
08/23/2024MotionFiled Respondents' Joint Response to State's Motion to Expedite. (SC).24-30253
08/26/2024MotionFiled Appellant's Reply in Support of Motion for Expedited Consideration of Appeal (SC)24-30467
08/26/2024Notice/IncomingFiled Respondent's Exhibits to Joint Response to State's Motion to Expedite (SC)24-30491
09/03/2024MotionFiled Motion to Request Transmittal of Exhibits (SC)24-31769
09/04/2024BriefFiled Appellant' s Opening Brief (SC)24-32025
09/04/2024AppendixFiled Appellant's Appendix to Opening Brief Volumes 1-5. (STRICKEN PER ORDER FILED ON 9/6/24) (SC)
09/04/2024MotionFiled Appellant State of Nevada's Motion for Transmission of Physical Exhibits(SC)24-32044
09/06/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Appendix to Opening Brief, Volumes 1-5. Corrected Appendix due: 14 days from the date of this order. (SC)24-32326
09/06/2024AppendixFiled Appellant's Appendix to Opening Brief. Volumes 1-5. (Deficient Document) (STRICKEN PER ORDER FILED ON 9/10/24) (SC)
09/10/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Appendix Volumes 1-5. Corrected Appendix remains due: September 20, 2024. (SC)24-32908
09/10/2024AppendixFiled Appellant Chronological and Alphabetical Indexes(SC)24-33017
09/10/2024AppendixFiled Appellant Appendix Volume 1 (SC)24-33019
09/10/2024AppendixFiled Appellant Appendix Volume 2 (SC)24-33020
09/10/2024AppendixFiled Appellant Appendix Volume 3 (SC)24-33021
09/10/2024AppendixFiled Appellant Appendix Volume 4 (SC)24-33022
09/10/2024AppendixFiled Appellant Appendix Volume 5 (SC)24-33023
09/11/2024Notice/IncomingFiled Respondent's Notice of Non-Opposition to Appellant's motion for transmission of Physical Exhibits. (SC)24-33345
09/11/2024MotionFiled Streamlined Request for Extension of Time to File Brief(SC)24-33347
09/12/2024Order/ProceduralFiled Order Granting Motion to Expedite in Part. Having reviewed the motion, opposition, and reply thereto, and considering that appellant has already filed its opening brief, appellant's motion to expedite the briefing schedule as proposed in its motion is denied. However, appellant's request that no extensions to the deadlines set forth in NRAP 31(a)(1)(B), (C) be granted absent demonstration of good cause, is granted. This court will expedite its consideration of this matter to the extent that its docket permits. fn1[This court denies respondents' motion to transmit physical exhibits to respondents' joint response to State's motion to expedite and directs the clerk of the court to return, unfiled, the exhibits received on August 30, 2024. The court further denies respondents' streamlined request for extension of time to file their answering brief. As stated herein, respondents must demonstrate good cause for an extension of time to file their answering brief.] (SC)24-33439
09/27/2024Order/ProceduralFiled Order Granting Motion in Part. Appellant has filed an unopposed motion to transmit five exhibits. The motion is granted in part as follows. The clerk of the district court shall have 14 days from the date of this order to transmit (1) grand jury Exhibit 6A (described as a "flash drive containing video file of footage from Right Side Broadcasting of the GOP Electors['] Ceremony outside the Nevada Legislature on December 14, 2020"); (2) Exhibit B to Joint Memorandum of Points and Authorities in Support of Defendants' Petitions for Writ of Habeas Corpus (described as a "thumb drive containing video files of proffer conducted with Kenneth Chesebro filed in the district court on January 29, 2024"); and (3) Exhibit B to Joint Reply to Opposition to Motion to Dismiss (described as a "thumb drive containing audio file of interview with Debra Kempi filed in the district court on February 13, 2024"). The motion is denied in regard to the request to transmit Exhibit 1 and Exhibit 2 to Opposition to Defendants' Motion to Dismiss. (SC)24-36042
10/02/2024MotionFiled Appellant State of Nevada's Motion for Leave to File Supplemental Appendix Under Seal(SC)24-36837
10/04/2024MotionFiled Respondent's Unopposed Motion for Extension of Time to File Answering Brief (First Request) (STRICKEN PER 10/8/24 ORDER). (SC)
10/08/2024Order/ProceduralFiled Order Striking Motion. Order Striking Deficient "Motion for Extension of Time to File Answering Brief (First Request). Corrected motion due: 7 days. (SC)24-37675
10/08/2024MotionFiled Respondent' s Unopposed Motion for Extension of Time to File Answering (First Request) (STRICKEN PER 10/9/24 ORDER). (SC)
10/09/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient "Respondents' Unopposed Motion for Extension of Time to File Answering Brief. Corrected motion due: October 15, 2024. (SC)24-37858
10/09/2024MotionFiled Respondent' s Unopposed Motion for Extension of Time to File Answering (First Request) (SC)24-37868
10/11/2024BriefFiled Respondent's Answering Brief (SC)24-38519
10/17/2024MotionFiled Motion of NACJ for Leave to File Amicus Curiae Brief In Support of Respondents(SC)24-39265
10/17/2024BriefFiled Amicus Brief Amicus Brief of Nevada Attorneys for Criminal Justice in Support of Respondent's Answering Brief(SC)24-39267
10/18/2024Order/ProceduralFiled Order Granting Motions. Appellant has moved to file its supplemental appendix under seal. Appellant's motion is granted. The clerk of this court shall file under seal the supplemental appendix provisionally received by this court on October 2, 2024. Respondents have moved for a second extension of time to file an answering brief. The motion is granted. Respondents' combined answering brief was filed on October 11, 2024. Appellant shall have until November 12, 2024, to file and serve any reply brief. (SC)24-39402
10/18/2024AppendixFiled Appellant Sealed Supplemental Appendix to Opening Brief (FILED UNDER SEAL PER 10/18/24 ORDER). (SC)
10/18/2024BriefFiled State of Nevada's Reply Brief (SC)24-39450
10/21/2024Case Status UpdateBriefing Completed/To Screening(SC)
10/28/2024MotionFiled Respondents' Motion to Dismiss Appeal(SC)24-40655
10/31/2024MotionFiled State of Nevada's Response to Respondents' Motion to Dismiss and Countermotion to Strike (SC)24-41210
11/06/2024MotionFiled Respondent's Motion for Extension of Time to File Reply to State of Nevada's Response to Respondents' Motion to Dismiss (First Request)(SC)24-42020
11/07/2024MotionFiled Respondents' Opposition to State of Nevada's Countermotion to Strike(SC)24-42196
11/12/2024MotionFiled Appellant State of Nevada's Reply in Support of Countermotion to Strike(SC)24-42605
11/12/2024MotionFiled Respondents' Reply in Support of Motion to Dismiss (SC)24-42690
11/12/2024Notice/IncomingFiled Errata to Respondents' to Reply in Support of Motion to Dismiss. (SC)24-42691
01/17/2025Order/ProceduralFiled Notice of Voluntary Disclosure for Justice Pickering. (SC)25-02541
01/27/2025Order/ProceduralFiled Order Granting Leave to File Amicus Curiae Brief and Denying Motion to Dismiss and Countermotion to Strike. Nevada Attorneys for Criminal Justice has moved for leave to file an amicus curiae brief in support of respondents. Having reviewed the unopposed motion, it is granted. Therefore, the October 17, 2024, amicus brief will be considered in resolving this appeal. Respondents have moved to dismiss this appeal, arguing that, under preemption principles, Nevada courts lack subject matter jurisdiction over the prosecution of the charges against them. Appellant opposes the motion, asserting that it constitutes an improper sur-reply and countermotion to strike the motion and certain "irrelevant" facts in the answering brief. Both the motion to dismiss and the countermoving to strike are fully briefed. Having considered the parties' arguments, both the motion and the countermotion are denied.We likewise decline to strike at this time the portion of the answering brief labelled "Other Facts," which respondents indicate they included to respond to appellant's "misrepresentations." This court will not consider irrelevant matters, NRAP 28(a)(7), and this ruling is subject to further review upon consideration of the merits. B25-KP/EC/PL (SC)25-03939