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Combined Case Information: 74835-COA & 74835
Short Caption:HERNANDEZ, JR. (GUSTAVO) VS. STATECourt:Court of Appeals & Supreme Court
Related Case(s):74835, 83691, 83691-COA, 84875, 84875-COA, 85184, 85184-COA, 86267
Lower Court Case(s):Clark Co. - Eighth Judicial District - C315348Classification:Criminal Appeal - Other - Direct
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/09/2018Filing FeeAppeal Filing Fee Waived. Criminal.
01/09/2018Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement and Notice of Briefing Schedule mailed to counsel for appellant.)18-01188
01/31/2018MotionFiled Appellant's Motion for Leave to File Docketing Statement.18-04344
02/01/2018MotionFiled Appellant's Motion for Leave to File Request for Certified Transcripts.18-04414
02/06/2018Order/ProceduralFiled Order Granting Motions. The clerk of this court shall file the docketing statement and the transcript request form received via E-Flex on January 31 and February 1, 2018.18-04921
02/06/2018Docketing StatementFiled Docketing Statement Criminal Appeals.18-04922
02/06/2018Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/19/16, 2/21/17, 2/23/17, 3/2/17, 5/2/17, 8/31/17, 9/11/17, 9/12/17 (Gina Shrader) 8/14/16, 8/22/17, 9/13/17, 9/14/17, 9/15/17, 9/18/17 (Loree Murray) 9/5/17 (Kimberly Farkas ) 11/30/17, 12/1/17 (Dana Richardson).18-04923
03/13/2018OtherReturned Unfiled Document - Appellant's Request for Transcripts.18-09703
03/26/2018MotionFiled Court Reporter's Motion to Extend Time for Transcripts.18-11677
03/30/2018TranscriptFiled Notice from Court Reporter. Dana Richardson stating that the requested transcripts were delivered. Dates of transcripts:11/30/17 & 12/1/17.18-12375
04/03/2018Order/ProceduralFiled Order Granting Motion and Regarding Transcripts. Court Reporter Gina Shrader's Certificate of Delivery of Transcripts due: April 25, 2018. Court Reporters Loree Murray and Kimberly Farkas' Certificate of Delivery of Transcripts due: 20 days. Opening Brief and Appendix due: June 22, 2018.18-12595
04/12/2018TranscriptFiled Notice from Court Reporter. Kimberly Farkas stating that the requested transcripts were delivered. Dates of transcripts: 9/5/17.18-14127
04/27/2018TranscriptFiled Notice from Court Reporter. Loree Murray stating that the requested transcripts were delivered. Dates of transcripts: 8/4/16, 8/22/17, and 9/18/17.18-16049
04/27/2018TranscriptFiled Notice from Court Reporter. Loree Murray stating that the requested transcripts were delivered. Dates of transcripts: 9/14/17.18-16050
05/22/2018MotionFiled Court Reporter's Request for Extension of Time (Transcripts).18-19423
05/22/2018TranscriptFiled Notice from Court Reporter. Gina Shrader stating that the requested transcripts were delivered. Dates of transcripts: 02/21/17.18-19426
05/22/2018TranscriptFiled Notice from Court Reporter. Gina Shrader stating that the requested transcripts were delivered. Dates of transcripts: 03/02/17.18-19428
05/22/2018TranscriptFiled Notice from Court Reporter. Gina Shrader stating that the requested transcripts were delivered. Dates of transcripts: 02/23/17.18-19429
05/22/2018TranscriptFiled Notice from Court Reporter. Gina Shrader stating that the requested transcripts were delivered. Dates of transcripts: 05/02/17.18-19430
05/30/2018Order/ProceduralFiled Order Granting Motion. Court Reporter Gina Shrader's Certificate of Delivery of Transcripts due: June 28, 2018. Appellant's Opening Brief and Appendix due: August 21, 2018.18-20517
08/15/2018MotionFiled Appellant's Motion for Extension of Time to File Opening Brief Due to Missing Trial Transcripts.18-31560
08/27/2018Order/ProceduralFiled Order Regarding Transcripts. Court Reporters Gina Shrader and Loree Murray's Certificate of Delivery of Transcripts due: 14 days.18-33301
08/30/2018Order/ProceduralFiled Order Granting Motion. Appellant's Opening Brief and Appendix due: October 22, 2108.18-33997
10/22/2018MotionFiled Appellant's Motion for Extension to File Opening Brief.18-41453
11/01/2018Order/ProceduralFiled Order Granting Motion. Appellant's Opening Brief and Appendix due: December 21, 2018.18-42904
11/05/2018Order/ProceduralFiled Order Conditionally Imposing Sanctions. (Court Reporters Gina Shrader and Loree Murray) Conditional sanctions of $250 due: 15 days or Certificates of Delivery of Transcripts: 10 days. (SC)18-902656
12/17/2018Order/ProceduralFiled Order Imposing Sanctions. Court Reporters Gina Shrader and Loree Murray shall each, within 11 days from the date of this order, pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment. Further, within the same time period, Ms. Shrader and Ms. Murray shall file and serve the requested transcripts and file a certificate of delivery in this court.18-908947
12/19/2018MotionFiled Appellant's Motion for Extension due to missing trial transcripts (Opening Brief). (SC)18-909583
12/27/2018Order/ProceduralFiled Order Granting Motion. Appellant's Opening Brief and Appendix due: February 19, 2019. (SC)18-910568
01/03/2019Letter/IncomingFiled Court Reporter's Letter Regarding Order Imposing Sanctions. (SC)19-00426
01/11/2019Notice/IncomingFiled Proof of Payment of Sanction. $250 paid to the Supreme Court Law Library, Western Union Money Order no. 17-860677482 from Court Reporter Gina Shrader. (SC)19-01701
01/31/2019Order/ProceduralFiled Order. On December 17, 2018, this court imposed sanctions on court reporters Gina Shrader and Loree Murray for their failure to prepare and deliver transcripts pursuant to the transcript request form. Ms. Murray has responded to our order and informs this court that she is not responsible for the transcripts identified as missing and provides a certificate of delivery for the transcripts for which she is responsible. Accordingly, the sanction imposed upon Ms. Murray is vacated. Gina Shrader filed proof of payment of the sanction on January 11, 2019, as directed. However, she still has not filed the transcripts for the dates September 11, 2017, September 12, 2017, September 13, 2017, and September 15, 2017; and appellant has filed a motion for a third extension of time based on the missing transcripts. Ms. Shrader's Certificate of Delivery of Transcripts due: 11 days. (SC).19-04834
04/10/2019Order/ProceduralFiled Order Imposing Sanctions, Directing Filing of Transcripts, and Referring Court Reporter Gina Shrader to the Nevada Certified Court Reporters Board. Ms. Shrader shall, within 14 days from the date of this order, pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment. Within the same time period, Ms. Shrader shall prepare and file the requested transcripts. If the requested transcripts cannot be produced, Ms. Shrader, shall notify this court, in writing, of this fact. This court refers Ms. Shrader to the Certified Court Reporters' Board for investigation and any disciplinary action it deems warranted. The Board shall, within 60 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. Appellant shall have 45 days from the date of this order to file and serve the opening brief and appendix. fn3[Copies of the relevant orders entered in this appeal are attached for the Board's consideration.] (SC)19-15560
05/28/2019MotionFiled Appellant's Motion for Extension of Time Due to Missing Transcripts. (SC)19-23022
06/10/2019Notice/IncomingFiled State of Nevada Certified Court Reporters Board Re: Order Imposing Sanctions Against Gina Shrader, CCR #647. (SC)19-25105
06/11/2019Letter/IncomingFiled Proper Person Letter - Regarding his case and attorney. (SC)19-25178
07/10/2019Order/ProceduralFiled Order to Appear. Court Reporter Gina Shrader shall appear personally before this court on July 18, 2019, at 4:30 p.m. in Las Vegas. Ms. Shrader shall be prepared to show cause why she should not be held in contempt. Any evidence which Ms. Shrader desires to present on her behalf shall be filed in affidavit form on or before Monday, July 15, 2019. Additionally, Ms. Shrader shall file the requested transcripts for both appeals within 14 days of the date of this order. Ms. Shrader shall also personally pay the overdue sanctions previously imposed to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made to the Supreme Court Law Library within 21 days of the date of this order. Nos. 74835/76411. (SC).19-29381
07/29/2019MotionFiled Appellant's Motion for Extension of Time Due to Missing Trial Transcripts. (SC)19-31807
08/21/2019Notice/IncomingFiled Proof of Payment of Sanction. Payment of $250.00 from Gina Shrader. Money Order # 17-933153681. (SC).19-35059
08/21/2019TranscriptFiled Notice from Court Reporter. Gina Shrader stating that the requested transcripts were delivered. Dates of transcripts: 09/11/17, 09/12/17, 09/13/17, 09/15/17. (SC).19-35060
09/05/2019Order/ProceduralFiled Order Granting Motion. Appellant shall have until September 27, 2019, to file and serve the opening brief and appendix. Appellant filed a letter in pro se on June 11, 2019. Appellant should address all concerns regarding this appeal through counsel, and shall proceed through counsel in the prosecution of this appeal. fn1[Appellant's motion for an extension of time filed on May 28, 2019, is denied as moot.] (SC)19-37100
09/26/2019MotionFiled Appellant's Motion for Extension of Time Due to Late Receipt of Trial Transcripts. (SC)19-40107
10/10/2019Order/ProceduralFiled Order Granting Motion. Appellant's Opening Brief and Appendix due: December 2, 2019. (SC)19-42000
12/02/2019BriefFiled Appellant's Opening Brief. (SC)19-48795
12/02/2019AppendixFiled Appellant's Appendix Volume I. (SC)19-48804
12/02/2019AppendixFiled Appellant's Appendix Volume II. (SC)19-48805
12/02/2019AppendixFiled Appellant's Appendix Volume III. (SC)19-48817
12/02/2019AppendixFiled Appellant's Appendix Volume IV. (SC)19-48810
12/02/2019AppendixFiled Appellant's Appendix Volume V. (SC)19-48811
12/02/2019AppendixFiled Appellant's Appendix Volume VI. (SC)19-48812
12/02/2019AppendixFiled Appellant's Appendix Volume VII. (SC)19-48813
12/02/2019AppendixFiled Appellant's Appendix Volume VIII. (SC)19-48823
12/02/2019AppendixFiled Appellant's Appendix Volume IX. (SC)19-48819
12/02/2019AppendixFiled Appellant's Appendix Volume X. (SC)19-48821
01/02/2020BriefFiled Respondent's Answering Brief. (SC)20-00039
01/31/2020MotionFiled Stipulation (Reply Brief). (SC)20-04482
02/03/2020Notice/OutgoingIssued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: March 4, 2020. (SC)20-04564
03/04/2020BriefFiled Appellant's Reply Brief. (SC)20-08707
03/04/2020Case Status UpdateBriefing Completed/To Screening. (SC)
03/19/2020Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC)20-10698
03/19/2020Case Status UpdateTransferred from Supreme Court. (COA)
03/19/2020Case Status UpdateTransferred to Court of Appeals. (SC)
05/08/2020Order/DispositionalFiled Order of Affirmance and Limited Remand to Correct the Judgment of Conviction. "ORDER the judgment of conviction AFFIRMED and REMAND this matter to the district court for the limited purpose of correcting the judgment of conviction." Court of Appeals-MG/JT/BB.20-17561
05/08/2020Order/DispositionalFiled Order of Affirmance and Limited Remand to Correct the Judgment of Conviction. "ORDER the judgment of conviction AFFIRMED and REMAND this matter to the district court for the limited purpose of correcting the judgment of conviction." Court of Appeals-MG/JT/BB. (SC).
06/03/2020Case Status UpdateTransferred to Supreme Court. (COA)
06/03/2020Case Status UpdateTransferred from Court of Appeals. (SC)
06/03/2020Case Status UpdateCase Closed. (COA)
06/03/2020RemittiturIssued Remittitur. (SC)20-20869
06/03/2020Case Status UpdateRemittitur Issued/Case Closed. (SC)
06/29/2020RemittiturFiled Remittitur. Received by District Court Clerk on June 16, 2020. (SC)20-20869