Case Information: 43493
Short Caption:	CHAPPELL (JAMES) VS. STATE (DEATH PENALTY-PC)	Court:	Supreme Court
		Related Case(s):	29884, 49478, 61967, 77002
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C131341	Classification:	Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:	Douglas, Maupin	Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	02/23/2006 at 11:30 AM	Oral Argument Location:	Carson City
Submission Date:	02/23/2006	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant/Cross-Respondent	James Montell Chappell	Lee Elizabeth McMahon (Special Public Defender) David M. Schieck (Former)
Respondent/Cross-Appellant	The State of Nevada	Attorney General/Carson City Steven S. Owens (Clark County District Attorney) James Tufteland (Clark County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
06/24/2004	Filing Fee	Filing Fee Waived.
06/24/2004	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)		04-11578
06/24/2004	Other	Disqualification of Justice Maupin.
06/24/2004	Other	Disqualification of Justice Douglas. Sat in district court proceedings.
06/29/2004	Notice of Appeal Documents	Filed Certified Copy of Notice of Cross-Appeal. (Docketing statement mailed to counsel for appellant/cross-respondent.)		04-11855
07/06/2004	Notice/Incoming	Filed Notice. David M. Schieck, attorney for appellant, is now the Clark County Special Defender and has been granted approval to retain his appointment as attorney of record in this matter.		04-12291
07/06/2004	Transcript Request	Filed Request for Transcript of Proceedings. Respondent/Cross-Appellant. Transcripts requested: 04/02/04. To Court Reporter: Janice Liston.		04-12354
07/07/2004	Docketing Statement	Filed Docketing Statement. Respondent/Cross-Appellant.		04-12420
07/15/2004	Order/Procedural	Filed Order/Briefing Schedule. This is an appeal and cross-appeal from and order of the district court that granted, in part, appellant/cross-respondent's (appellant') post-conviction petition for a writ of habeas corpus in a capital case. On July 6, 2004, respondent/cross-appellant (respondent') filed a docketing statement and a transcript request form. Appellant shall have 15 days from the date of this order to file and serve his docketing statement, see NRAP 14(b), and to request transcripts in compliance with NRAP 9(a). Briefing for this appeal and cross-appeal shall proceed as follows in accordance with NRAP 28 through 32, inclusive: (1) appellant shall file and serve his opening brief and appendix within 120 days from the date of this order, (2) respondent shall file and serve its combined answering brief on appeal and opening brief on cross-appeal and appendix within 30 days from service of appellant's opening brief, (3) appellant shall file and serve a combined reply brief on appeal and answering brief on cross-appeal within 30 days from service of respondent's combined brief, and (4) if deemed necessary, respondent shall file and serve a reply brief on cross-appeal within 30 days from service of appellant's combined brief.		04-12917
07/19/2004	Docketing Statement	Filed Docketing Statement. Appellant/Cross-Respondent.		04-13076
07/19/2004	Transcript Request	Filed Certificate of No Transcript Request. Appellant/Cross-Respondent.		04-13077
07/23/2004	Notice/Incoming	Filed Proof of Service. of Docketing Statement.		04-13422
07/26/2004	Transcript	Filed Transcript. Proceedings: Friday, April 2, 2004; 9:00 A.M. Court Recorder: Richard Kangas.		04-13568
11/10/2004	Motion	Filed Motion to Extend Time. (60 days).		04-20747
12/03/2004	Order/Procedural	Filed Order Granting Motion. filed November 10, 2004. Appellant/cross-respondent shall have until January 11, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). See SCR 250(7)(c).		04-22075
01/12/2005	Motion	Filed Motion for Excess Pages. Motion to Allow Appellant to File and Opening Brief in Excess of 30 Pages.		05-00710
01/26/2005	Order/Procedural	Filed Order Granting Motion. filed January 12, 2005. The clerk shall file the 54-page opening brief and the appendix received on January 12, 2005. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).		05-01664
01/26/2005	Brief	Filed Opening Brief.		05-00711
01/26/2005	Appendix	Filed Appendix to Opening Brief. Volumes 1 through 11.		05-00712
02/10/2005	Motion	Filed Motion to Strike. Motion to Strike Portions of Appellant's Opening Brief and Hold Briefing Schedule in Abeyance.		05-02736
02/14/2005	Motion	Filed Response to Motion. Opposition to Motion to Strike Portions of Appellant's Opening Brief and Hold Briefing Schedule in Abeyance.		05-02937
03/01/2005	Order/Procedural	Filed Order Denying Motion. filed February 10, 2005. The State has moved to strike appellant's opening brief, and appellant has opposed the motion. The State contends that the opening brief violates NRS 177.015 by raising claims regarding the penalty hearing. This appeal and cross-appeal are not subject to NRS 177.015, which governs appeals from criminal actions not habeas proceedings. Nor are we persuaded by the State's other arguments that it is necessary to strike the opening brief. We therefore deny the State's motion to strike. The State in its own brief to this court may challenge the cognizability of any issues which it believes are improperly raised in the opening brief. We also deny the State's motion to hold the briefing schedule in abeyance. The State shall have 30 days from the date of this order to file a combined answering brief on appeal and opening brief on cross-appeal and an appendix. Further briefing will then proceed in accordance with SCR 250(7)(c) and NRAP 31(a)(1).		05-03952
03/31/2005	Motion	Filed Motion to Extend Time.		05-06351
04/01/2005	Notice/Incoming	Filed Notice of Change of Address. Special Public Defender David M. Schieck.		05-06444
04/07/2005	Order/Procedural	Filed Order Granting Motion. filed March 31, 2005. Respondent/cross-appellant shall have until May 31, 2005, to file and serve the combined brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance.		05-06828
06/02/2005	Motion	Filed Motion and Order/Excess Pages. Granted: 34 pages.		05-10883
06/02/2005	Brief	Filed Answering Brief. Respondent/Cross-Appellant.		05-10884
07/07/2005	Brief	Filed Reply Brief. Reply Brief on Appeal and Answering Brief on Cross-Appeal.		05-13489
07/13/2005	Notice/Incoming	Filed Proof of Service. Certificate of Mailing for Appellant's Reply Brief on Appeal and Answering Brief on Cross-Appeal.		05-13944
08/09/2005	Brief	Filed Reply Brief on Cross-Appeal.		05-15755
08/09/2005	Case Status Update	Submitted for Decision.
12/22/2005	Order/Procedural	Filed Order Scheduling Oral Argument. Oral argument is hereby scheduled before the En Banc Court on February 23, 2006, at the hour of 11:30 a.m., in Carson City. The argument shall be limited to 30 minutes.		05-24983
12/22/2005	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on February 23, 2006, at 11:30 a.m. (En Banc)
02/08/2006	Notice/Outgoing	Issued Oral Argument Reminder Notice.
02/23/2006	Case Status Update	Submitted for Decision. To the En Banc Court. EN BANC.
04/07/2006	Order/Dispositional	Filed Order of Affirmance. This is an appeal and cross-appeal. fn1[The Honorable Michael Douglas, Justice, and the Honorable A. William Maupin, Justice, did not participate in the decision of this matter.] "ORDER the judgment of the district court AFFIRMED." EN BANC-RR/NB/MG/JH/RP		06-07408
05/02/2006	Remittitur	Issued Remittitur.		06-07661
05/02/2006	Case Status Update	Remittitur Issued/Case Closed.
05/10/2006	Remittitur	Filed Remittitur. Received by County Clerk on May 4, 2006.		06-07661