52167: Case View

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Case Information: 52167
Short Caption:	YBARRA, JR. (ROBERT) VS. STATE (DEATH PENALTY)	Court:	Supreme Court
		Related Case(s):	43981, 91040, 91586
Lower Court Case(s):	White Pine Co. - Seventh Judicial District - HC0303002	Classification:	Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	09/01/2010 at 10:00 AM	Oral Argument Location:	Carson City
Submission Date:	09/01/2010	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	Robert Ybarra, Jr.	Franny A. Forsman (Federal Public Defender/Las Vegas) Michael Pescetta (Federal Public Defender/Las Vegas)
Respondent	The State of Nevada	Kelly C. Brown (White Pine County District Attorney) Catherine Cortez Masto (Attorney General/Carson City) Richard W Sears (Former)

Docket Entries
Date	Type	Description	Pending?	Document
08/04/2008	Filing Fee	Filing Fee Waived.
08/04/2008	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.)		08-20108
08/11/2008	Transcript Request	Filed Certificate of No Transcript Request.		08-20682
08/20/2008	Docketing Statement	Filed Docketing Statement.		08-21451
12/03/2008	Motion	Filed Motion to Extend Time. Request for Extension of Time within which to File Appellant's Opening Brief. (60 days).		08-30792
12/19/2008	Order/Procedural	Filed Order Granting Motion. Appellant: Opening Brief and Appendix due February 2, 2009.		08-32187
02/04/2009	Motion	Filed Motion to Extend Time. (Second Request).		09-03026
02/06/2009	Order/Procedural	Filed Order. Granting Motion. Opening Brief and Appendix due: February 17, 2009.		09-03367
02/23/2009	Motion	Filed Motion. For Leave to File Opening Brief and to File Brief of More than Thirty Pages in Length.		09-04603
02/25/2009	Order/Procedural	Filed Order. Granting Motion. The clerk of this court shall file the opening brief and appendix received on February 23, 2009. Answering Brief due: 30 days.		09-04862
02/25/2009	Brief	Filed Opening Brief.		09-04623
02/25/2009	Appendix	Filed Joint Appendix. Vols. 1 through 16.		09-04630
03/20/2009	Motion	Filed Motion to Extend Time.		09-07141
03/25/2009	Order/Procedural	Filed Order. Granting Motion for Extension of Time. Answering Brief due: 30 days.		09-07518
04/23/2009	Brief	Filed Answering Brief.		09-10143
05/21/2009	Motion	Filed Motion to Extend Time. Request for Extension of Time Within Which to File Appellant's Reply Brief		09-12664
05/27/2009	Order/Procedural	Filed Order Granting Motion. for extension of time. Appellant: May 28, 2009 to file a reply brief.		09-13079
05/29/2009	Brief	Filed Reply Brief.		09-13367
05/29/2009	Case Status Update	Submitted for Decision.
07/20/2010	Order/Procedural	Filed Order Scheduling Oral Argument. We direct the clerk of this court to schedule this matter before the en banc court on the next available calendar. Limit 30 minutes.		10-18573
07/29/2010	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on September 1, 2010, at 10:00 a.m. (En Banc)		10-19608
08/18/2010	Notice/Outgoing	Issued Oral Argument Reminder Notice.		10-21225
08/30/2010	Motion	Filed Motion for Remand.		10-22267
09/01/2010	Case Status Update	Oral Argument Held this Day. Case Submitted for Decision. Before the En Banc Court.
09/07/2010	Motion	Filed Opposition to Motion for Remand and Motion to Strike.		10-22797
09/13/2010	Motion	Filed Reply to Response-Reply to Opposition to Motion for Remand and Opposition to Motion to Strike.		10-23516
02/11/2011	Motion	Filed Motion for Permission to File Document. Motion for Leave to File a Supplemental Brief. (Supplemental Brief is attached). (DETACHED SUPPLEMENTAL BRIEF AND RETURNED UNFILED PER ORDER 02/23/2011)		11-04628
02/17/2011	Motion	Filed Opposition to Motion for Leave to File a Supplemental Brief.		11-05122
02/23/2011	Order/Procedural	Filed Order Denying Motion. The clerk of this court is directed to reject the supplemental opening brief that was electronically received on February 11, 2011.		11-05657
03/03/2011	Opinion/Dispositional	Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Parraguirre, J. Majority: Parraguirre/Douglas/Cherry/Saitta/Gibbons/ Pickering/Hardesty. 127 Nev. Adv. Opn. No. 4. EN BANC.		11-06531
03/21/2011	Motion	Filed Request for Extension of Time Within Which to File A Petition for Rehearing.		11-08655
03/25/2011	Order/Procedural	Filed Order Granting Motion for extension of time. Petition for rehearing due April 20, 2011.		11-09103
04/08/2011	Notice/Outgoing	Issued Letter to publishers re: corrections to recently filed opinions. Nos. 51457, 52167, 54332, 54375, 54442. Document no. 11-10447 in 51457.
04/20/2011	Motion	Filed Request for Extension of Time Within Which to File a Petition for Rehearing (Second Request).		11-11763
04/22/2011	Order/Procedural	Filed Order Granting Motion. Petition for Rehearing due: April 27, 2011.		11-11996
04/27/2011	Post-Judgment Petition	Filed Petition for Rehearing. (Stricken per order 6/29/11, the attachment to the petition for rehearing authored by Dr. Erin Warnick.)		11-12432
06/29/2011	Post-Judgment Order	Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Fn1[ We strike the document attached to the petition for rehearing authored by Dr. Erin Warnick.] Cherry, J., concurring		11-19301
07/22/2011	Motion	Filed Motion to Stay the Remittitur.		11-22124
07/28/2011	Order/Procedural	Filed Order Granting Motion to Stay Remittitur. We grant the motion and stay issuance of the remittitur until November 22, 2011. If the clerk of the court receives written notice by November 22, 2011, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by November 22, 2011, the remittitur shall issue on November 23, 2011.		11-22781
07/28/2011	Case Status Update	Remittitur Stayed.
10/11/2011	Notice/Incoming	Filed Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed 9/27/11 and placed on the docket as Case No. 11-6741.		11-31287
04/18/2012	Notice/Incoming	Filed Notice from US Supreme Court/Certiorari Denied. The petition for a writ of certiorari is denied.		12-12469
04/19/2012	Motion	Filed Motion for Stay Issuance of the Remittitur and to Reconsider Opinion.		12-12649
04/30/2012	Motion	Filed Opposition to Motion to Stay Issuance of the Remittitur and to Reconsider Opinion.		12-13516
05/23/2012	Order/Procedural	Filed Order Denying Motion. Appellant has filed a motion to stay the issuance of the remittitur and to reconsider this court's opinion. We deny the motion. We direct the clerk of this court to immediately issue the remittitur in this case.		12-16288
05/23/2012	Remittitur	Issued Remittitur.		12-16322
05/23/2012	Case Status Update	Remittitur Issued/Case Closed
05/29/2012	Remittitur	Filed Remittitur. Received by County Clerk on May 25, 2012.		12-16322

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