Case Information: 52877
Short Caption:	FERGASON (BRYAN) VS. STATE	Court:	Supreme Court
		Related Case(s):	52788, 53848, 57538, 58625, 59264, 59871, 59900, 59910, 64165, 64255, 65827, 66986, 71222, 71222-COA, 72944, 72944-COA, 73388, 73388-COA, 74469, 78299, 78312, 81048, 81852, 82757, 83331, 83331-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C228752	Classification:	Criminal Appeal - Life - Direct
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:	04/16/2010	How Submitted:

+ Party Information
Role	Party Name	Represented By
Appellant	Bryan Fergason	Cynthia L. Dustin-Cruz (Law Offices of Cynthia Dustin, LLC)
Appellant	Bryan Michael Fergason	Cynthia L. Dustin-Cruz (Law Offices of Cynthia Dustin, LLC)
Respondent	The State of Nevada	Catherine Cortez Masto (Attorney General/Carson City) Steven S. Owens (Clark County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
12/05/2008	Filing Fee	Filing Fee Waived.
12/05/2008	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.)		08-31117
01/06/2009	Motion	Filed Motion to Extend Time. Appellant's Petition for Extension of Time to File Opening Brief and Request for Full Briefing.		09-00269
01/08/2009	Notice/Outgoing	Issued Notice to File Docketing Statement.		09-00505
01/12/2009	Order/Procedural	Filed Order. Denying Motion. The opening brief is not due until April 6, 2009. It therefore appears that an extension of time is not necessary at this point. Accordingly, the motion for an extension of time and full briefing is denied.		09-00758
01/20/2009	Motion	Filed Motion to Extend Time.		09-01458
01/20/2009	Docketing Statement	Filed Docketing Statement.		09-01463
01/23/2009	Transcript	Filed Notice from Court Reporter. Renee Vincent stating that the requested transcripts were delivered. Dates of transcripts: 01/30/08, 02/05/08, 05/01/08, May 21, 22, 23, 27, 28 and 29, 2008, and 10/01/08.		09-01969
01/27/2009	Order/Procedural	Filed Order. Granting Motion and Regarding Transcripts. Court Recorder Renee Vincent's Certificate of Delivery for the transcripts dated 01/06/07, 03/06/07, 11/08/07, and 05/12/08 due: February 17, 2009. In reviewing the transcript request form and the district court minutes, however, it has come to this court's attention that Ms. Vincent may not have been the court recorder present during the proceedings on January 4, 2007; March 6, 2007; and November 8, 2007. Rather, it appears that court recorder Thelma Stapley was present on those dates. If Ms. Vincent is unable to deliver the transcripts for those dates, she shall notify this court and counsel for appellant in writing within 10 days from the date of this order. Additionally, it appears that the proceedings on September 26, 2008, involved another codefendant, Tonya Trevarthen, not appellant and that court recorder Angela Lee was present for that proceeding. Because Ms. Vincent did not record the proceedings on September 26, 2008, and it further appears that the proceedings did not involve appellant, we relieve her of any obligation to deliver that transcript. If the transcript of that proceeding is necessary for this appeal, counsel for appellant shall file an appropriate transcript request form directed to Ms. Lee within 10 days from the date of this order. fn1[A copy of the transcript request form is attached to this order.]		09-02275
02/09/2009	Transcript	Filed Notice from Court Reporter. Kerry Esparza stating that the requested transcripts were delivered. Dates of transcripts: 1/04/07, 3/06/07, and 11/08/07.		09-03433
03/26/2009	Motion	Filed Motion and Order Extending Time. Brief due: May 6, 2009.		09-07586
05/07/2009	Motion	Filed Motion for Excess Pages. Appellant's Motion to Exceed Page Limit on Opening Brief by Four Pages.		09-11325
05/07/2009	Notice/Outgoing	Filed Notice Motion/Stipulation Approved. The motion for excess pages is approved. 34 pages granted. (Opening Brief)		09-11326
05/08/2009	Appendix	Filed Appendix to Opening Brief. Vols 1-11.		09-11395
05/08/2009	Brief	Filed Opening Brief.		09-11401
06/05/2009	Motion	Filed Motion to Extend Time. (30) days.		09-14228
06/05/2009	Notice/Outgoing	Filed Notice Motion/Stipulation Approved. The motion/stipulation to enlarge time to file the Answering Brief is approved. Due date: July 6, 2009.		09-14229
07/07/2009	Motion	Filed Motion for Excess Pages. Motion for Leave to File 41 Page Answering Brief.		09-16690
07/07/2009	Notice/Outgoing	Filed Notice Motion/Stipulation Approved. The motion for excess pages is approved. 41 pages granted.		09-16693
07/07/2009	Brief	Filed Answering Brief.		09-16696
07/07/2009	Appendix	Filed Appendix to Answering Brief.		09-16697
08/04/2009	Motion	Filed Motion to Extend Time. (30) days.		09-19023
08/04/2009	Notice/Outgoing	Filed Notice Motion/Stipulation Approved. Reply Brief due date: September 8, 2009.		09-19024
09/08/2009	Brief	Filed Reply Brief. Appellant's Reply Brief		09-21761
04/16/2010	Order/Procedural	Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein.		10-09971
04/16/2010	Case Status Update	Submitted for Decision.
08/04/2010	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP10-JH/MD/KP.		10-20106
08/23/2010	Post-Judgment Petition	Filed Petition for Rehearing		10-21590
11/19/2010	Post-Judgment Order	Filed Order Denying Rehearing. "Rehearing denied." NRAP 40(c).		10-30409
12/14/2010	Remittitur	Issued Remittitur.		10-32628
12/14/2010	Case Status Update	Remittitur Issued/Case Closed
12/28/2010	Remittitur	Filed Remittitur. Received by District Court Clerk on December 21, 2010.		10-32628