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Combined Case Information: 83243-COA & 83243
Short Caption:YOUNG (ANDREW) VS. STATECourt:Court of Appeals & Supreme Court
Related Case(s):83243, 84412, 84412-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C350623Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:03/30/2023 at 2:00 PMOral Argument Location:William S. Boyd School of Law - UNLV
Submission Date:03/30/2023How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/20/2021Filing FeeAppeal Filing Fee Waived. Criminal. (SC)
07/20/2021Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)21-20885
07/21/2021Notice of Appeal DocumentsFiled Copy of District Court Minutes. (SC)21-20921
07/21/2021Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 04/27/21, 04/28/21, 04/29/21, 04/30/21 and 06/16/21. To Court Reporter: De'Awna Takas. (SC)21-21053
08/09/2021Docketing StatementFiled Docketing Statement Criminal Appeals. (SC)21-23167
09/10/2021TranscriptFiled Notice from Court Reporter. De'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts: 04/27/21, 04/28/21, 04/29/21, 04/30/21 and 06/16/21. (SC)21-26301
09/22/2021Notice/IncomingFiled Notice of Appearance (Nancy M. Lemcke as counsel for Appellant). (SC)21-27379
09/23/2021Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/10/20, 09/16/20, 09/23/20, 10/01/20, 10/07/20, 10/28/20, 11/18/20, 12/14/20, 02/10/21, 03/03/21, 03/15/21, 03/17/21, 04/12/21, 04/14/21, 04/19/21, 04/21/21, 05/19/21, 07/12/21. To Court Reporter: De'Awna Takas, Brittany Amoroso, Victoria Boyd and Rebeca Gomez. (SC)21-27542
10/05/2021MotionFiled Stipulation (Opening Brief). (SC)21-28539
10/05/2021Notice/OutgoingIssued Notice Motion/Stipulation Approved. Appellant's Opening Brief due: December 17, 2021. (SC)21-28550
11/01/2021TranscriptFiled Notice from Court Reporter. Kimberly Estala stating that the requested transcripts were delivered. Dates of transcripts:10/1/20 and 9/10/20. (SC)21-31338
11/01/2021TranscriptFiled Notice from Court Reporter. De'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts: 5/19/21 and 7/12/21. (SC)21-31339
11/01/2021TranscriptFiled Notice from Court Reporter. Brittany Amoroso stating that the requested transcripts were delivered. Dates of transcripts: 9/16/20, 9/23/20, 10/7/20, 10/28/20, 11/18/20, and 12/14/20. (SC)21-31341
12/16/2021MotionFiled Appellant's Motion for Extension of Time. (Opening Brief) (SC)21-35931
12/28/2021Order/ProceduralFiled Order Granting Motion. Appellant shall have until February 15, 2022, to file and serve the opening brief and appendix. (SC)21-36846
02/14/2022MotionFiled Appellant's Second Motion for Extension of Time. (Opening Brief and Appendix) (SC)22-04947
02/22/2022Order/ProceduralFiled Order Denying Motion. Extraordinary circumstances and extreme need not having been shown, appellant's motion requesting a third extension of time to file the opening brief is denied. Appellant shall have 14 days from the date of this order to file and serve the opening brief and appendix. (SC)22-05675
03/08/2022MotionFiled Appellant's Motion for Leave to File Opening Brief in Excess of Type-Volume Limitations. (SC)22-07288
03/08/2022BriefFiled Appellant's Opening Brief. (STRICKEN PER ORDER FILED 3/11/22). (SC)
03/08/2022AppendixFiled Appendix to Opening Brief, Vol. I. (SC)22-07295
03/08/2022AppendixFiled Appendix to Opening Brief, Vol. II. (SC)22-07296
03/08/2022AppendixFiled Appendix to Opening Brief, Vol. III. (SC)22-07297
03/08/2022AppendixFiled Appendix to Opening Brief, Vol. IV. (SC)22-07298
03/08/2022AppendixFiled Appendix to Opening Brief, Vol. V. (SC)22-07299
03/08/2022AppendixFiled Appendix to Opening Brief, Vol. VI. (SC)22-07300
03/08/2022AppendixFiled Appendix to Opening Brief. Vol. VII. (SC)22-07301
03/08/2022MotionFiled Appellant's Motion for Leave to File Amended Opening Brief. (SC)22-07350
03/08/2022BriefFiled Appellant's Amended Opening Brief. (SC)22-07351
03/11/2022Order/ProceduralFiled Order Granting Motions. Appellant has filed a motion for leave to file an amended opening brief to correct certain typographical errors, and a motion for leave to file a brief in excess of the type-volume limitations. The motions are granted. The amended opening brief was filed on March 8, 2022. The clerk of this court shall strike the opening brief filed on March 8, 2022. Respondent shall have until April 7, 2022, to file and serve the answering brief. (SC)22-07804
03/11/2022MotionFiled Appellant's Motion for Leave to File A Supplemental Appendix and Second Amended Brief; Request for Instruction as to how to proceed with briefing on severed charges. (SC)22-07838
03/11/2022AppendixFiled Supplemental Appendix Vol VIII. (STICKEN PER 3/15/22 ORDER). (SC)22-07839
03/15/2022Order/ProceduralFiled Order. Appellant seeks leave to file an amended appendix and second amended opening brief to include and address the new conviction for battery with use of a deadly weapon causing substantial bodily harm. The motion is denied. The clerk of this court shall strike the supplemental appendix filed on March 11, 2022. (SC)22-08310
03/28/2022MotionFiled Appellant's Renewed Motion for Leave to File a Supplemental Appendix and Second Amended Brief, Request for Instruction as to How to Proceed With Briefing on Severed Charges. (SC)22-09620
04/07/2022Notice/IncomingFiled Respondent's Notice of Appearance for John Afshar. (SC)22-10805
04/07/2022MotionFiled Respondent's Motion for Enlargement of Time to File Answering Brief. (SC)22-10806
04/19/2022Order/ProceduralFiled Order Regarding Motions. Both appeals shall proceed according to their respective briefing schedules. The renewed motion filed in Docket No. 83243 to file a second amended opening brief and supplemental appendix is denied. Respondent in Docket No. 83243 shall have until July 6, 2022, to file and serve the answering brief addressing the convictions for the theft offenses. Given the length of this initial extension, no further extensions of time shall be permitted absent demonstration of extraordinary circumstances and extreme need. Nos. 83243/84412. (SC)22-12303
07/06/2022BriefFiled Respondent's Answering Brief. (SC)22-21180
07/06/2022AppendixFiled Respondent's Appendix. (SC)22-21184
07/06/2022MotionFiled Respondent's Motion to Transmit Exhibits and the Presentence Investigation Report. (SC)22-21186
07/18/2022Order/ProceduralFiled Order Granting Motion to Transmit Presentence Investigation Report and Exhibits. District Court: Presentence Investigation Report and State's Exhibits 1 and 3, 4, 5, 6, 9, 12, and 13 due: 14 days.22-22485
07/25/2022Notice of Appeal DocumentsFiled Documents from District Court Clerk. Pre-Sentence Investigation Report. (Sealed) (SC)
08/03/2022MotionFiled Stipulation to File Reply Brief. (SC)22-24256
08/03/2022Notice/OutgoingIssued Notice Motion/Stipulation Approved. (Reply Brief due: September 6, 2022) (SC)22-24260
09/06/2022BriefFiled Appellant's Reply Brief. (SC)22-27920
09/07/2022Case Status UpdateBriefing Completed/To Screening. (SC)
10/03/2022Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC).22-31086
10/03/2022Case Status UpdateTransferred to Court of Appeals. (SC).
10/03/2022Case Status UpdateTransferred from Supreme Court. (COA).
02/02/2023Order/ProceduralFiled Order Scheduling Oral Argument. The appeal will be scheduled for oral argument on March 30, 2023, at 2:00 p.m. at the Thomas and Mack Moot Court Facility on the campus of William S. Boyd School of Law in Las Vegas. Argument shall be limited to 30 minutes. (COA)23-03231
02/15/2023Notice/IncomingFiled Appellant's Substitution of Attorney Nancy Lemcke for Jason Margolis. (COA)23-04712
02/17/2023Order/ProceduralFiled Order. The clerk of this court shall remove attorney Nancy Lemcke as counsel for appellant and shall add attorney Jason R. Margolis to the docket as counsel for appellant in this appeal in her stead. (COA)23-05002
03/17/2023Notice/OutgoingOral Argument Reminder Notice23-08362
03/30/2023Case Status UpdateOral argument held this day. Case submitted for decision. Before the Court of Appeals. MG/BB/DW. (COA)
07/20/2023Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court of Appeals. Author: Gibbons, C.J. Majority: Gibbons/Bulla/Westbrook. 139 Nev. Adv. Opn. No. 20. Court of Appeal-MG/BB/DW. (VACATED PER ORDER FILED ON 4/18/24 IN SUPREME COURT)(COA).23-23187
07/20/2023Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court of Appeals. Author: Gibbons, C.J. Majority: Gibbons/Bulla/Westbrook. 139 Nev. Adv. Opn. No. 20. Court of Appeal-MG/BB/DW. (VACATED PER ORDER FILED ON 4/18/24) (SC).
07/27/2023Notice/IncomingFiled Substitution of Attorneys Notice of Substitution of Attorney with Declaration. (REJECTED PER NOTICE FILED ON 7/27/23) (SC)
07/27/2023Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)23-24143
07/28/2023Notice/IncomingFiled Appellant's Substitution of Attorneys for Diane Lowe Instead of Jason Margolis (REJECTED PER NOTICE FILED ON 7/28/2023). (SC)
07/28/2023Notice/IncomingFiled Appellant's Substitution of Attorneys for Diane Lowe Instead of Jason Margolis and Nancy Lemke. (COA)23-24164
07/28/2023Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)23-24224
07/28/2023MotionFiled Appellant's Motion to Extend Time to File the Petition for Rehearing. (COA)23-24312
08/07/2023Order/ProceduralFiled Order. Pursuant to the substitution of counsel filed on July 28, 2023, the clerk of this court shall remove attorney Jason R. Margolis and the law firm of Yampolsky & Margolis from the docket and shall add Diane C. Lowe and Lowe Law, LLC, as counsel for appellant. Appellant has filed a motion requesting an extension of time to file a petition for rehearing. The motion is granted in part as follows. Appellant's petition for rehearing due: 20 days. (COA)23-25398
08/08/2023Notice/IncomingFiled Appellant's Certificate of Service of 8/7/23 Court Order. (COA)23-25433
08/28/2023Post-Judgment PetitionFiled Appellant's Petition for Rehearing. (COA)23-28102
09/21/2023Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). COA-MG/BB/DW (COA)23-31056
10/04/2023Post-Judgment PetitionFiled Appellant's Petition for Review. (SC)23-32533
10/05/2023Case Status UpdateTransferred to Supreme Court. (COA)
10/05/2023Case Status UpdateTransferred from Court of Appeals. (SC)
10/05/2023Case Status UpdateCase Closed. (COA)
10/17/2023Order/ProceduralFiled Order/Answer Petition for Review. Respondent shall have 14 days from the date of this order to file and serve an answer to the petition that does not exceed 10 pages or 4,667 words. (SC)23-33823
10/24/2023Post-Judgment PetitionFiled Respondent's Answer to Petition for Review. (SC)23-34607
04/18/2024Post-Judgment OrderFiled Order Granting Petition for Review. Having considered the petition for review and answer filed, this court has determined that review of this matter is warranted. NRAP 40B(f). Accordingly, the petition for review is granted. See NRAP 40B(g). The Court of Appeals opinion affirming in part, reversing in part, and remanding a district court judgment filed on July 20, 2023, is vacated. En Banc (SC)24-13573