48233: Case View

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Case Information: 48233
Short Caption:	HIDALGO, III (LUIS) VS. DISTRICT COURT	Court:	Supreme Court
		Related Case(s):	50576, 50939, 51549, 54272, 55608, 57217, 63115, 64757, 67640, 78081, 78081-COA, 82902, 82902-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C212667	Classification:	Original Proceeding - Criminal - Certiorari/Prohibition
Disqualifications:		Case Status:	Notice in Lieu of Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	05/08/2007 at 2:00 PM	Oral Argument Location:	Carson City
Submission Date:	05/08/2007	How Submitted:	On Briefs

+ Party Information
Role	Party Name	Represented By
Amicus Curiae	Amicus Curiae Party	Michael Pescetta (Federal Public Defender/Las Vegas)
Petitioner	Anabel Espindola	JoNell Thomas
Petitioner	Luis Alonso Hidalgo, III	Paola M. Armeni (Gordon Silver) Dominic P Gentile (Gordon Silver)
Real Party in Interest	Attorney General/Carson City
Real Party in Interest	The State of Nevada	Attorney General/Carson City Nancy A. Becker (Clark County District Attorney) Marc P. DiGiacomo (Clark County District Attorney) Steven S. Owens (Clark County District Attorney) Giancarlo Pesci (Clark County District Attorney) James Tufteland (Former) (Clark County District Attorney)
Respondent	The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark
Respondent	The Honorable Donald M. Mosley, District Judge

Docket Entries
Date	Type	Description	Pending?	Document
10/16/2006	Filing Fee	Filing Fee Waived.
10/16/2006	Petition/Writ	Filed Petition for Writ of Mandamus or Prohibition. Petition for Writ of Mandamus or, in the Alternative, Writ of Prohibition.		06-21233
10/20/2006	Order/Procedural	Filed Order/Answer Writ Petition. The State, on behalf of respondents, shall have 20 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ.		06-21623
11/14/2006	Petition/Writ	Filed Answer to Petition for Writ.		06-23285
11/14/2006	Appendix	Filed Appendix. To Answer to Writ.		06-23289
11/27/2006	Order/Procedural	Filed Order. Directing Supplementation and Response. Both attorneys Thomas and Gentile shall have 20 days to supplement the instant petition with verifications or affidavits satisfying the procedural requirements as stated in this court's holdings in Thompson and Abel and in NRS. 15.010. Attorney Gentile shall have 20 days to file a response to the State's arguments respecting the conflicts of interests.		06-24134
12/11/2006	Notice/Incoming	Filed Notice. Notice of Supplemental Verifications.		06-25262
12/20/2006	Motion	Filed Reply to Response. Reply to State's Answer to Petition.		06-26070
12/20/2006	Appendix	Filed Appendix. Reply Appendix.		06-26071
12/20/2006	Motion	Filed Motion. Ex-Parte Motion to File Exhibits 4, 5, and 6 to Petitioner's Reply to the Answer to Petition for Writ of Mandamus in Obedience to this Court's Order Dated November 27, 2006, under Seal.		06-26083
12/20/2006	Notice/Outgoing	Issued Notice to Provide Proof of Service. for Ex-Parte Motion to File Exhibits 4, 5, and 6 . Due date: 10 days.
12/29/2006	Notice/Incoming	Filed Proof of Service.		06-26661
03/28/2007	Order/Procedural	Filed Order Scheduling Oral Argument. The clerk of this court shall schedule this petition for oral argument on the court's next available en banc argument calendar. The oral argument shall be limited to 30 minutes.		07-07002
03/29/2007	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on May 8, 2007, at 2:00 p.m. (En Banc)		07-07067
04/23/2007	Notice/Outgoing	Issued Oral Argument Reminder Notice.		07-08961
05/08/2007	Case Status Update	Submitted for Decision. Before the En Banc Court. EN BANC.
08/15/2007	Notice/Incoming	Filed Notice. Notice of Change in Status of Counsel for Petitioner. (Effective 8/27/07 JoNell Thomas joins the office of Special Public Defender and will retain her appointment as attorney of record for Petitioner.)		07-18028
12/17/2007	Motion	Filed Motion. Motion for Status.		07-27308
12/18/2007	Notice/Incoming	Filed Errata. Errata to Motion for Status.		07-27387
12/27/2007	Opinion/Dispositional	Filed Per Curiam Opinion. "Petition Granted." fn1-[Hidalgo has moved this court to file certain exhibits under seal. Cause appearing, we grant the motion.] Before the Court EN BANC. Author: Per Curiam. Majority: Gibbons/Hardesty/Parraguirre/Douglas/Cherry/Saitta. Concur/Dissent: Maupin. 123 Nev. Adv. Opn. No. 59. EN BANC. PER 02/21/08 ORDER-OPINION WITHDRAWN		07-28067
12/27/2007	Writ	Issued Writ. Original and one copy of writ and copy of opinion mailed to JoNell Thomas for service upon Judge Donald M. Mosley. PER 02/21/08 ORDER: WRIT RECALLED.		07-28100
12/31/2007	Order/Procedural	Filed Order Denying Motion. of 12/17/07 as moot.		07-28269
01/11/2008	Writ	Filed Writ. Served on Judge Mosley on January 8, 2008. PER 02/21/08 ORDER, WRIT RECALLED.		07-28100
01/17/2008	Motion	Filed Motion. Motion for Leave to File 13 Page State Petition for Rehearing.		08-01318
01/23/2008	Order/Procedural	Filed Order Granting Motion. The clerk shall filed the 13 page petition for rehearing received on January 17, 2008.		08-01743
01/23/2008	Post-Judgment Petition	Filed Petition for Rehearing. (State).		08-01319
02/20/2008	Motion	Filed Motion. Emergency Motion for Stay of District Court Proceedings (filed via fax).		08-04160
02/21/2008	Order/Procedural	Filed Order. the State has petitioned this court for rehearing of the opinion entered by this court on December 27, 2007. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Petitioners shall have 15 days from the date of this order within which to file and serve an answer to the petition. Further, we direct the clerk of this court to withdraw our prior opinion from publication pending our resolution of the petition for rehearing, and we recall the writ of mandamus previously issued in this matter.		08-04182
02/21/2008	Order/Procedural	Filed Order Granting Motion. for a Stay. We grant the State's emergency motion for stay of the trial scheduled in this matter on February 22, 2008. We hereby order all proceedings in Eighth Judicial District Court Case No. C212667 stayed pending final resolution of this writ petition		08-04187
02/26/2008	Motion	Filed Motion. Emergency Motion for Stay of District Court Proceedings. Filed via fax on 02/20/08.		08-04725
02/27/2008	Notice/Incoming	Filed Notice. Notice of Mootness and Request for Dismissal as to Petitioner Espindola.		08-04843
03/10/2008	Post-Judgment Petition	Filed Answer to Petition for Rehearing.		08-05960
03/10/2008	Appendix	Filed Appendix. Petitioner's Appendix to Answer to State's Petition for Rehearing.		08-05968
03/11/2008	Motion	Filed Motion. Motion for Leave to Submit Brief as Amici Curiae in Support of Petitioner.		08-06076
03/11/2008	Motion	Filed Motion. Motion fo Extension of Time for Filing of Answer to Petition for Rehearing (Espindola).		08-06089
04/09/2008	Order/Procedural	Filed Order. - Order Dismissing Petition. We grant Espindola's motion, and we dismiss the writ petition as to her as moot. fn3[On March 11, 2008, Espindola filed a motion for extension of time for filing an answer to the State's petition for rehearing. In light of our order, we deny as moot Espindola's motion for extension of time.]		08-08844
05/16/2008	Order/Procedural	Filed Order Granting Motion. to file an Amicus Brief. The clerk of this court shall filed the amicus brief provisionally submitted on March 11, 2008. [Copies have been distributed per the ccs listed on the order.]		08-12394
05/16/2008	Brief	Filed Amicus Brief. In Support of Petitioner's Answer to Petition for Rehearing.		08-06081
05/29/2008	Opinion/Dispositional	Filed Opinion on Rehearing. "Petition for rehearing granted; petition for writ of mandamus granted in part." Before the Court EN BANC. Author: Per Curiam. Majority: Gibbons/Hardesty/Parraguirre/Douglas/Cherry/Saitta. Concur/Dissent: Maupin. 124 Nev. Adv. Opn. No. 33. (Copies have been distributed to all counsel, the district judge, and the district court clerk per this court's docket). EN BANC.		08-13426
05/29/2008	Writ	Issued Writ. Original and one copy of writ and copy of opinion mailed to Dominic Gentile for service upon Judge Donald M. Mosley.		08-13559
06/05/2008	Writ	Filed Writ. Served on Judge Donald M. Mosley on June 3rd, 2008.		08-13559
06/24/2008	Remittitur	Issued Notice in Lieu of Remittitur.		08-13746
06/24/2008	Case Status Update	Remittitur Issued/Case Closed.
08/15/2008	Notice/Outgoing	Issued Letter. to publishers Daily Journal, Versuslaw and West Group regarding corrections to recently filed opinions.		08-21138

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