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Combined Case Information: 91385
Short Caption:STATE VS. DIST. CT. (KIRK, JR.) (CRIMINAL)Court:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C391542Classification:Original Proceeding - Criminal - Mandamus
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/01/2025Filing FeePetition Filing Fee Waived. Criminal. (SC)
10/01/2025Petition/WritFiled Emergency Petition for Writ of Mandamus. (SC)25-42775
10/01/2025AppendixFiled Appendix to Emergency Petition for Writ of Mandamus - Index. (SC)25-42776
10/01/2025AppendixFiled Appendix to Emergency Petition for Writ of Mandamus. (SC)25-42777
10/03/2025Order/DispositionalFiled Order Granting Petition. "ORDER the petition GRANTED and direct the clerk of this court to issue a writ of mandamus instructing the district court to vacate its September 29, 2025, order and reappoint counsel to Kirk." DH/KP/PL (SC)25-43299
10/03/2025WritIssued Writ with letter. Original and one copy of writ and copy of order mailed to Karen Mishler for service upon Judge Tina Talim. (SC)25-43325
10/08/2025MotionFiled Proper Person Motion to Amend Writ of Discovery. (STRICKEN PER 10/9/25 ORDER). (SC)
10/09/2025Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Proper Person Motion to Amend Writ of Discovery. To the extent appellant is requesting specific discovery, such relief is not appropriately requested in this matter. (SC)25-44150
10/21/2025Notice/IncomingFiled Petitioner's Proof of Service for Writ of Mandamus and Order Granting Petition for Writ of Mandamus. (SC)25-45865
10/23/2025Notice/OutgoingIssued Notice Returning Document Unfiled Proper Person Answer to Emergency Petition for Writ of Mandamus. (SC)25-46271
10/25/2025MotionFiled Real party in Interest Motion for Extension of Time of File Response. (SC)25-46592
10/25/2025Post-Judgment PetitionFiled Real Party in Interest Petition for En Banc Reconsideration of a Supreme Court Panel Decision. (SC)
10/27/2025WritFiled Returned Writ. Original Writ returned. Served on Judge Tina Talim on October 21,2025. (SC).25-46796
10/28/2025Notice/OutgoingIssued Notice of Rejection of Filed Document (Real Party in Interest Petition for En Banc Reconsideration of a Supreme Court Panel Decision). (SC).25-46895
10/28/2025MotionFiled Real party in Interest Motion for Extension of Time to File Response. (SC)25-47077
10/28/2025Post-Judgment PetitionFiled Real party in Interest Petition for EN Banc Reconsideration of a Supreme Court Panel Decision. (SC) (STRICKEN PER 11/26/25 ORDER)
11/12/2025Post-Judgment PetitionFiled Real party in Interest Amended Petition for En Banc Reconsideration. (SC) (STRICKEN PER 11/26/25 ORDER)
11/26/2025Opinion/DispositionalFiled Authored Opinion. "Petition granted." Before: Herndon/Pickering/Lee. Author: Herndon, C.J. Majority: Herndon/Pickering/Lee. 141 Nev. Adv. Opn. No. 60. DH/KP/PL. (SC).25-52067
11/26/2025Order/ProceduralFiled Order. Real party in interest, Lee Bryan Kirk, Jr., filed a motion for an extension of time to file a response to the emergency petition for writ of mandamus on October 25, 2025. This court did not direct Mr. Kirk to file an answer or otherwise provide this court with a written response. See NRAP 21(b). Accordingly, the motion is denied. Mr. Kirk also filed a motion for an extension of time to file a petition for en banc reconsideration on October 28, 2025. He subsequently filed a petition for en banc reconsideration on October 28, 2025, and an amended petition for en banc reconsideration on November 12, 2025. This court, however, is unable to accept either the petition or the amended petition because both are deficient for failing to include the required certificate of compliance. Accordingly, the motion for an extension of time is denied. The clerk of this court shall strike the petition for en banc reconsideration filed October 28, 2025, and the amended petition for en banc reconsideration filed November 12, 2025. Mr. Kirk shall have until December 10, 2025, to file and serve a petition for rehearing or for en banc reconsideration that conforms to the requirements of NRAP 40 or 40A, respectively, if he so chooses. (SC).25-52069
12/08/2025Post-Judgment PetitionFiled Real Party in Interest's Petition for En Banc Reconsideration. (SC)25-53370
12/10/2025Notice/OutgoingIssued Notice Returning Document Unfiled Petition for En Banc Reconsideration. (SC)25-53758
01/02/2026Post-Judgment OrderFiled Order Denying En Banc Reconsideration. "En banc reconsideration denied." EN BANC. (SC)26-00086
01/03/2026MotionFiled Real Party in Interest Amended Motion to Compel Discovery. (STRICKEN PER ORDER FILED ON 1/5/26) (SC)
01/05/2026Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Motion to Compel Discovery. Corrected Motion due: 7 days from the date of this order. (SC)26-00319
01/08/2026MotionFiled Real Party in Interest Motion for Clarification. (STRICKEN PER 01/9/26 ORDER). (SC)
01/09/2026Order/ProceduralFiled Order Striking Deficient Document. Order Striking Deficient Respondent's Motion for Clarification. Corrected motion due: 7 days. (SC)26-01154
01/09/2026MotionFiled Real Party in Interest's Motion for Clarification. (SC)26-01209
02/23/2026Order/ProceduralFiled Order Denying Motion. On January 2, 2026, this court denied real party in interest Lee Bryan Kirk, Jr.'s petition for en banc reconsideration. Thereafter, Mr. Kirk filed a motion for clarification of the court's order denying en banc reconsideration, in which he makes argument related to discovery. This court cannot provide relief and Mr. Kirk may raise those issues in the district court. To the extent Mr. Kirk requests further review from this court, the motion is denied as Mr. Kirk has exhausted his remedies in this court. (SC)26-08416
02/27/2026RemittiturIssued Notice in Lieu of Remittitur. (SC)26-09298
02/27/2026Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed. (SC)