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Combined Case Information: 89380 & 89380-COA
Short Caption:MILLIKEN (JONATHAN) VS WARDEN (CRIMINAL)Court:Supreme Court & Court of Appeals
Related Case(s):86215, 89380-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - A876806, C329885Classification:Criminal Appeal - Other - Post-Conviction
Disqualifications:Case Status:Briefing Suspended
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/01/2025How Submitted:On Record And Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/25/2024Filing FeeAppeal Filing Fee Waived. Criminal (SC)
09/25/2024Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (A876806)24-35544
09/25/2024Notice/OutgoingIssued Notice Appeal Docketed. Transcript request due: 14 days; Docketing statement due: 21 days; Opening brief and appendix due: 120 days. (SC)24-35549
10/10/2024Notice/OutgoingIssued Notice to Request Transcripts. Due date: 7 days. (SC)24-38161
10/10/2024Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10-16-2023;01-30-2024;08-14-2024; To Court Reporter:Yvette G. Sison. (STRICKEN PER ORDER FILED ON 10/10/24) (SC)
10/10/2024Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Transcript Request. Corrected Transcript Request due: 14 days from the date of the date of this order. (SC)24-38243
10/16/2024Docketing StatementFiled Appellant's Docketing Statement Criminal. (SC)24-39130
10/17/2024MotionFiled Appellant's Motion for Waiver of Costs for Transcript Preparations(SC)24-39299
10/28/2024Order/ProceduralFiled Order Granting Motion. Within 7 days from the date of this order, the district court shall order these transcripts to be prepared at county expense in accordance with NRS 12.015(3). NRAP 9(a)(9). The court recorder, Yvette G. Sison, shall have 37 days from the date of this order to prepare the transcripts and file a certificate of delivery in this court. (SC)24-40495
12/03/2024TranscriptFiled Notice from Court Reporter. Yvette G. Sison, stating that the requested transcripts were delivered. Dates of transcripts: 10/16/23, 01/30/24, and 08/14/24. (SC)24-46119
01/23/2025MotionFiled Appellant' s Streamline Request for Extension of Time to File Opening Brief (SC)25-03381
01/23/2025Notice/OutgoingIssued Approve Streamlined Extension. Streamlined extension approved. Opening Brief due: 02-20-2025 (SC)25-03482
02/20/2025MotionFiled Appellant's Motion for Extension of Time to File Opening Brief and Appendix (Second Request)(SC)25-08136
02/26/2025Order/ProceduralFiled Order Granting Motion. Appellant shall have until February 28, 2025, to file and serve the opening brief and appendix. (SC)25-08981
03/01/2025BriefFiled Appellant's Opening Brief (SC)25-09506
03/01/2025AppendixFiled Appellant's Indexes to Appendix (SC)25-09507
03/01/2025AppendixFiled Appellant's Appendix Vol. I (SC)25-09508
03/01/2025AppendixFiled Appellant's Appendix Vol. III (SC)25-09509
03/01/2025AppendixFiled Appellant's Appendix Vol. II (SC)25-09510
03/31/2025Notice/IncomingFiled Notice of Appearance (Karen Mishler as counsel for Respondents.) (Counsel Updated.) (SC)25-14397
03/31/2025MotionFiled Respondent's Streamlined Request for Extension of Time to File Answering Brief. (SC)25-14399
04/01/2025Notice/OutgoingIssued Approve Streamlined Extension. Streamlined extension approved. Answering Brief due: 04-30-2025. (SC)25-14675
04/29/2025BriefFiled Respondent's Answering Brief (SC)25-18913
04/29/2025MotionFiled Motion to Transmit Presentence Investigation Report(SC)25-18914
04/30/2025Order/ProceduralFiled Order Granting Motion to Transmit Presentence Investigation Report. District court's Presentence Investigation Report due: 14 days. (SC)25-19194
05/08/2025Record on Appeal DocumentsFiled District Court Documents. Added to Sealed PSI to Record on Appeal (SC)
05/29/2025MotionFiled Appellant's Streamline Request for Extension of Time to File Reply Brief (SC)25-23986
05/30/2025Notice/OutgoingIssued Approve Streamlined Extension. Streamlined extension approved. Reply Brief due: 06-30-2025 (SC)25-24113
06/30/2025BriefFiled Appellant's Reply Brief (SC)25-28662
07/01/2025Case Status UpdateBriefing Completed/Submitted For Decision(SC)
08/12/2025Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC)25-35303
08/12/2025Case Status UpdateTransferred to Court of Appeals. (SC)
08/12/2025Case Status UpdateTransferred from Supreme Court. (COA)
11/12/2025Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." COA-BB/MG/DW. (COA)25-49389
11/12/2025Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." COA-BB/MG/DW. (SC)
12/03/2025Case Status UpdateTransferred to Supreme Court.(COA)
12/03/2025Case Status UpdateTransferred from Court of Appeals.(SC)
12/03/2025Case Status UpdateCase Closed.(COA)
12/03/2025RemittiturIssued Remittitur. (RECALLED PER 3/13/26 ORDER). (SC)25-52679
12/03/2025Case Status UpdateRemittitur Issued/Case Closed.(SC)
12/15/2025RemittiturFiled Remittitur. Received by District Court Clerk on 12/8/25. (RECALLED PER 3/13/26 ORDER) (SC)25-52679
02/10/2026Notice/OutgoingIssued Notice Returning Document Unfiled. (Motion to Recall the Remittitur and to Extend Time to File a Petition for Rehearing or for Review by the Supreme Court). (SC)26-06737
03/02/2026MotionFiled Appellant's Motion to Recall the Remittitur and to Extend Time to File a Petition for Rehearing or for Revie by the Supreme Court. (SC)26-09623
03/13/2026Order/ProceduralFiled Order. Appellant has filed a pro se motion to recall the remittitur that was issued on December 3, 2025, and extend the time to file a petition for rehearing or review. The motion is granted to the following extent. The clerk of this court shall recall the remittitur entered on December 3, 2025, and serve a copy of the Court of Appeals' November 12, 2025, Order of Affirmance on appellant. The clerk shall remove attorney C. Benjamin Scroggins as counsel of record for appellant. Appellant shall have until April 13, 2026, to retain new counsel and cause new counsel to file a notice of appearance in this court. appellant shall have until April 27, 2026, to file and serve any petition for rehearing or petition for review. (SC)26-11766
03/20/2026MotionFiled Filed Appellant's Application to Proceed in Forma Pauperis. (SC)26-13011
03/20/2026MotionFiled Filed Appellant's Motion for Appointment of Counsel. (STRICKEN PER 3/25/26 ORDER). (SC)
03/25/2026Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Request for Appointment of Counsel. Corrected document due: 7 days. (SC)26-13697
04/07/2026MotionFiled Appellant's Motion for Appointment of Counsel. (SC)26-15782
04/07/2026MotionFiled Appellant's Motion for Leave to Proceed in Forma Pauperis. (SC)26-15783
04/17/2026Order/ProceduralFiled Order Granting Motion and of Limited Remand. On April 7, 2026, pro se appellant filed two competing motions: a motion for appointment of counsel and a separate motion for leave to proceed in forma pauperis. Appellant's motion for appointed counsel states that he does not have the funds to pay for counsel and asserts counsel would assist in sharpening the issues for this court. In light of appellant's prior representation by counsel, now deceased, the motion is granted to the following extent. This appeal is remanded to the district court for the limited purpose of determining whether appointed counsel is appropriate for appellant. If appellant is indigent, the district court shall have 28 days from the date of this order to appoint counsel for appellant. If the district court determines that appellant is not indigent, the district court shall so inform this court, in writing, within the same time period, and appellant shall proceed on appeal pro se. Within 7 days of the appointment or appearance of counsel, the district court shall transmit to the clerk of this court a copy of the district court's written or minute order appointing counsel. The deadline to file any petition for rehearing or petition for review is suspended pending further order of his court. fn1[ The filing fee in this appeal was already waived, and no action will be taken on the motion for leave to proceed in forma pauperis.] (SC)26-17851
05/12/2026Order/IncomingFiled District Court Order Appointing Counsel. Order filed in district court on 05/06/2026 appointing Jennifer Waldo as counsel for appellant. RESPONSE TO SUPREME COURT ORDER DATED 04/17/2026 (SC)Y26-21603