Combined Case Information: 83622
Short Caption:	ALDAPE (ANTONIO) VS. STATE	Court:	Supreme Court
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C342401	Classification:	Criminal Appeal - Other - Direct
Disqualifications:	Herndon	Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	04/12/2023 at 11:30 AM	Oral Argument Location:	Las Vegas
Submission Date:	04/12/2023	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Amicus Curiae	ACLU of Nevada	Christopher M. Peterson (American Civil Liberties Union of Nevada/Las Vegas)
Amicus Curiae	Nevada Attorneys for Criminal Justice	Christopher M. Peterson (American Civil Liberties Union of Nevada/Las Vegas)
Appellant	Antonio Cruz Aldape	Nadia Hojjat (Clark County Public Defender) Katherine E. Sitsis (Clark County Public Defender) William M. Waters (Clark County Public Defender)
Respondent	The State of Nevada	Alexander G. Chen (Clark County District Attorney) Elan Adam Eldar Aaron D. Ford (Attorney General/Carson City) Jonathan VanBoskerck (Clark County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
10/14/2021	Filing Fee	Appeal Filing Fee Waived. Criminal. (SC)
10/14/2021	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement and Notice of Briefing Schedule mailed to counsel for appellant.) (SC)		21-29514
10/20/2021	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 8/8/19, 8/15/19, 9/5/19, 1/14/20, 2/20/20, 10/1/20, 5/4/21, 5/25/21, 8/24/21, 10/5/21. To Court Reporter: Matt Yarbrough, Robin Page, and Angie Calvillo. (SC)		21-30157
10/21/2021	Docketing Statement	Filed Appellant's Criminal Docketing Statement. (SC)		21-30338
10/22/2021	Other	Justice Douglas W. Herndon disqualified from participation in this matter. Disqualification Reason: Sat in District Court Proceedings. (SC)
11/15/2021	Transcript	Filed Notice from Court Reporter. Robin Page stating that the requested transcripts were delivered. Dates of transcripts: 8/15/19, 9/5/19, 1/14/20, 2/20/20, and 10/1/20. (SC)		21-32683
12/03/2021	Transcript	Filed Notice from Court Reporter. Angie Calvillo stating that the requested transcripts were delivered. Dates of transcripts: 5/4/21, 5/25/21, 8/24/21, and 10/5/21. (SC)		21-34545
01/19/2022	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 10/6/21. To Court Reporter: Angie Calvillo. (SC)		22-01806
01/30/2022	Motion	Filed Stipulation for an Extension to File Opening Brief and Appendix. (SC)		22-03060
01/31/2022	Notice/Outgoing	Issued Notice Motion/Stipulation Approved for Opening Brief and Appendix. Due date March 14, 2022. (SC)		22-03070
02/22/2022	Transcript	Filed Notice from Court Reporter. Angie Calvillo stating that the requested transcripts were delivered. Dates of transcripts: 10/6/21. (SC)		22-05719
03/09/2022	Motion	Filed Appellant's Motion to Extend Time to File Opening Brief and Appendix. (SC)		22-07616
03/29/2022	Order/Procedural	Filed Order Granting Motion. Appellants opening brief and appendix due: April 19, 2022. (SC)		22-09712
04/19/2022	Brief	Filed Appellant's Opening Brief. (SC)		22-12435
04/19/2022	Appendix	Filed Appellant's Appendix to Opening Brief. Vol. 1. (SC)		22-12440
04/19/2022	Appendix	Filed Appellant's Appendix to Opening Brief. Vol. 2. (SC)		22-12436
04/19/2022	Appendix	Filed Appellant's Appendix to Opening Brief. Vol. 3. (SC)		22-12437
04/20/2022	Notice/Incoming	Filed Appellant's Errata to Opening Brief Filed April 19, 2022. (SC)		22-12493
04/26/2022	Motion	Filed Motion for Permission to File Amici Curiae Brief in Support of Appellant. (BRIEF DETACHED AND RETURNED UNFILED PER 5/12/22 ORDER). (SC)		22-13194
04/27/2022	Notice/Incoming	Filed Respondent's Notice of Appearance for Jonathan VanBoskerck. (SC)		22-13264
04/27/2022	Motion	Filed Respondent's Opposition to Motion for Leave to File Amici Curiae Brief in Support of Appellant. (SC)		22-13275
05/12/2022	Order/Procedural	Filed Order Denying Motion. Proposed amici American Civil Liberties Union of Nevada Foundation, Inc., and Nevada Attorneys for Criminal Justice, Inc., have filed a motion for leave to file an amicus brief in support of appellant. Respondent opposes the motion. The motion is denied. The clerk shall detach the proposed amicus brief from the motion filed on April 27, 2022, and return it unfiled. (SC)		22-15055
05/19/2022	Motion	Filed Respondent's Motion to Extend Time to File Answering Brief. (SC)		22-15843
05/19/2022	Notice/Outgoing	Issued Notice Motion/Stipulation Approved for Answering Brief. Due date June 20, 2022. (SC)		22-15916
05/19/2022	Motion	Filed Motion for Reconsideration of Denial of Motion for Leave to file Amici Curiae Brief in Support of Appellant. (DETACHED BRIEF AND FILED SEPARATELY PER ORDER FILED 6/10/22). (SC)		22-15966
05/26/2022	Motion	Filed Respondent's Opposition to Motion for Reconsideration of Denial of Motion for Leave to File Amici Curiae Brief in Support of Appellant. (SC)		22-16702
05/31/2022	Motion	Filed Reply to Respondent's Opposition to Motion for Reconsideration of Denial of Motion for Leave to File Amici Curiae Brief in Support of Appellant. (SC)		22-17153
06/10/2022	Order/Procedural	Filed Order Granting Motion. Proposed amici, American Civil Liberties Union of Nevada and Nevada Attorneys for Criminal Justice, have filed a motion for reconsideration of this court's order denying their motion for leave to file an amicus brief in support of appellant. The clerk of this court shall detach the amicus brief from the motion for reconsideration and shall file it separately. (SC)		22-18510
06/10/2022	Brief	Filed Amicus Brief (ACLU of Nevada and Nevada Attorneys for Criminal Justice). (SC)		22-18515
06/20/2022	Motion	Filed Respondent's Motion to Extend Time to File Answering Brief. (SC)		22-19361
06/28/2022	Order/Procedural	Filed Order Granting Motion. Respondent's answering brief due: July 20, 2022. (SC)		22-20333
07/20/2022	Brief	Filed Respondent's Answering Brief. (SC)		22-22770
07/20/2022	Motion	Filed Respondent's Motion to Transmit Presentence Investigation Report. (SC)		22-22772
07/28/2022	Order/Procedural	Filed Order Granting Motion to Transmit Presentence Investigation Report. Due: 14 days. (SC)		22-23716
08/04/2022	Notice of Appeal Documents	Filed (SEALED) Presentence Investigation Report from District Court Clerk. (SC)
08/15/2022	Motion	Filed Stipulation to File Reply Brief. (SC)		22-25472
08/15/2022	Notice/Outgoing	Issued Notice Motion/Stipulation Approved for Reply Brief. Due date is September 19, 2022. (SC)		22-25505
09/19/2022	Motion	Filed Appellant's Motion to Extend Time to File Reply Brief. (SC)		22-29412
09/27/2022	Order/Procedural	Filed Order Granting Motion. Appellant shall have until October 19, 2022, to file and serve the reply brief. (SC)		22-30260
10/19/2022	Brief	Filed Appellant's Reply Brief. (SC)		22-32978
02/08/2023	Notice/Incoming	Filed Appellant's Notice of Appearance for William Waters. (SC)		23-03922
03/10/2023	Order/Procedural	Filed Order Scheduling Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter is scheduled for oral argument on April 12, 2023, at 11:30 a.m. in Las Vegas. Argument shall be limited to 30 minutes. (SC)		23-07381
03/20/2023	Notice/Incoming	Filed Appellant's (Antonio Cruz Aldape) Notice of Appearance for Katherine E. Sitsis for Oral Arguements. (SC)		23-08481
03/28/2023	Notice/Outgoing	Issued Oral Argument Reminder Notice. (SC)		23-09415
04/12/2023	Case Status Update	Oral argument held this day. Case submitted for decision. Before the En Banc Court. (SC)
09/28/2023	Opinion/Dispositional	Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court En Banc. Author: Pickering, J. Majority: Stiglich/Cadish/Pickering/Lee/Parraguirre/Bell. 139 Nev. Adv. Opn. No. 42. fn1 [The Honorable Douglas W. Herndon, Justice, is disqualified from participation in the decision of this matter.] En Banc. (SC).		23-31825
10/23/2023	Remittitur	Issued Remittitur. (SC)		23-34375
10/23/2023	Case Status Update	Remittitur Issued/Case Closed.(SC)
11/02/2023	Remittitur	Filed Remittitur. Received by District Court Clerk on 10/24/23. (SC)		23-34375