Combined Case Information: 53626
Short Caption:	RIPPO (MICHAEL) VS. STATE (DEATH PENALTY-PC)	Court:	Supreme Court
		Related Case(s):	44094, 82273
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C106784	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:	10/03/2011 at 11:30 AM	Oral Argument Location:	Regional Justice Center
Submission Date:	10/03/2011	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	Michael Damon Rippo	David Anthony (Federal Public Defender/Las Vegas) Michael Pescetta (Federal Public Defender/Las Vegas) Rene L. Valladares (Federal Public Defender/Las Vegas)
Respondent	The State of Nevada	Adam Paul Laxalt (Attorney General/Carson City) Steven S. Owens (Clark County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
04/17/2009	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.)		09-09705
04/17/2009	Filing Fee	Filing Fee Waived.
05/01/2009	Docketing Statement	Filed Docketing Statement.		09-10816
05/01/2009	Transcript Request	Filed Certificate of No Transcript Request.		09-10817
08/17/2009	Motion	Filed Motion to Extend Time. Request for Extension of Time within which to File Appellant's Opening Brief. (60 days).		09-20003
08/20/2009	Order/Procedural	Filed Order. Granting Motion. Opening Brief due: October 16, 2009.		09-20215
10/16/2009	Motion	Filed Motion for Excess Pages. Motion to Permit Appellant to File A Brief Exceeding Eighty (80) Pages.		09-25337
10/16/2009	Brief	Received Opening Brief. Via E-Flex. (FILED PER ORDER 10/19/09).
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 1 of 48.		09-25368
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 2 of 48.		09-25369
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 3 of 48.		09-25374
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 4 of 48		09-25376
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 5 of 48		09-25377
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 6 of 48		09-25379
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 7 of 48		09-25380
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 8 of 48		09-25381
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 9 of 48		09-25383
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 10 of 48		09-25384
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 11 of 48		09-25386
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 12 of 48		09-25387
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 13 of 48		09-25388
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 14 of 48		09-25389
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 15 of 48		09-25390
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 16 of 48		09-25391
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 17 of 48		09-25392
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 18 of 48		09-25393
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 19 of 48		09-25395
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 20 of 48		09-25396
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 21 of 48		09-25397
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 22 of 48		09-25398
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 23 of 48		09-25399
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 24 of 48		09-25400
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 25 of 48		09-25401
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 26 of 48		09-25402
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 27 of 48		09-25403
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 28 of 48		09-25405
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 29 of 48		09-25406
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 30 of 48		09-25408
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 31 of 48		09-25409
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 32 of 48		09-25410
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 33 of 48		09-25411
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 34 of 48		09-25412
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 35 of 48		09-25413
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 36 of 48		09-25414
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 37 of 48		09-25415
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 38 of 48		09-25416
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 39 of 48		09-25417
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 40 of 48		09-25418
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 41 of 48		09-25419
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 42 of 48		09-25420
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 43 of 48		09-25421
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 44 of 48		09-25422
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 45 of 48		09-25423
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 46 of 48		09-25424
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 47 of 48		09-25425
10/19/2009	Appendix	Filed Appendix to Opening Brief. Vol. 48 of 48		09-25426
10/19/2009	Order/Procedural	Filed Order. Granting Motion. The clerk of this court shall file the opening brief received on October 16, 2009, via E-file. Answering Brief due: 30 days.		09-25462
10/19/2009	Brief	Filed Opening Brief.		09-25466
11/17/2009	Motion	Filed Motion to Extend Time.		09-28030
11/18/2009	Order/Procedural	Filed Order Granting Motion. for extension of time to file the answering brief. Due: January 18, 2010.		09-28104
01/19/2010	Motion	Filed Motion to Extend Time. (30) days.		10-01433
01/22/2010	Order/Procedural	Filed Order Granting Motion. Answering Brief due: February 18, 2010		10-01882
02/17/2010	Motion	Filed Motion to Extend Time. Third Request.		10-04331
02/22/2010	Order/Procedural	Filed Order Granting Motion. for extension of time. Answering brief due March 22, 2010.		10-04649
03/22/2010	Motion	Filed Motion. Motion for Leave to File 78 Page Answering Brief		10-07535
03/22/2010	Brief	Received Answering Brief. Received via E-Flex. (FILED PER ORDER 03/24/10).
03/24/2010	Order/Procedural	Filed Order. Granting Motion. The clerk shall file the answering brief received on March 22, 2010, via E-Flex. Reply Brief due: 30 days.		10-07648
03/24/2010	Brief	Filed Answering Brief.		10-07655
04/23/2010	Motion	Filed Motion to Extend Time. (45) days.		10-10623
04/27/2010	Order/Procedural	Filed Order. Granting Motion. Reply Brief due: June 7, 2010.		10-10843
06/07/2010	Motion	Filed Motion to Extend Time. (10) days.		10-14541
06/11/2010	Order/Procedural	Filed Order. Granting Motion. Reply Brief due: June 17, 2010.		10-15233
06/17/2010	Motion	Filed Motion. Request to Take Judicial Notice		10-15881
06/17/2010	Appendix	Filed Appendix. Exhibits to Request to Take Judicial Notice		10-15882
06/17/2010	Brief	Filed Reply Brief.		10-15884
06/17/2010	Case Status Update	Submitted for Decision.
06/25/2010	Order/Procedural	Filed Order Denying Motion to take judicial notice.		10-16681
09/08/2011	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral argument is scheduled for October 3, 2011, at 11:30 a.m. at the Regional Justice Center in Las Vegas for 30 minutes before the En Banc Court.		11-27349
09/19/2011	Notice/Outgoing	Issued Oral Argument Reminder Notice.		11-28507
09/20/2011	Brief	Filed Notice of Supplemental Authorities.		11-28666
09/23/2011	Notice/Incoming	Filed Response to Notice of Supplemental Authorities.		11-29090
09/29/2011	Letter/Incoming	Filed Letter from Joyce Kotnik of KSNV Las Vegas, NBC Channel 3, requesting to video tape the oral arguments in Las Vegas on Monday, October 3, 2011. (via fax).		11-29715
09/29/2011	Order/Procedural	Filed Order. Permission is granted for photographic or electronic media coverage of the aforesaid matters. Joyce Kotnik of KSNV Las Vegas is designated as pool coordinator. Nos. 48295/54080/54011/53626.		11-29750
09/29/2011	Letter/Incoming	Filed Letter from Shareef Abul-Ela of KTNV requesting cameras in the courtroom. Nos. 48295/54080/54011/53626.		11-29758
09/29/2011	Order/Procedural	Filed Order. Shareef Abul-Ela of KTNV is granted permission to participate in the photographic or electronic media coverage. KTNV shall arrange with Joyce Kotnik of KVBC in order to pool their coverage. Nos. 48295/54080/54011/53626.		11-29767
09/30/2011	Letter/Incoming	Filed Letter from Dennis Neuhausel of KLAS TV requesting permission to videotape the oral arguments scheduled on October 3, 2011 (via fax).		11-29921
09/30/2011	Order/Procedural	Filed Order re: electronic media coverage of oral argument. Dennis Neuhauselof KLAS-TV is granted permission to participate in the photographic or electronic media coverage. KLAS-TV shall arrange with Joyce Kotnik of KVBC in order to pool their coverage. Nos. 48295/54080/54011/53626.		11-29945
10/03/2011	Case Status Update	Oral argument held this day. Case submitted for decision. Before the En Banc Court.
02/25/2016	Opinion/Dispositional	Filed Per Curiam Opinion. "Affirmed." Before the Court En Banc. Majority: Parraguirre/Hardesty/Douglas/Saitta/Gibbons/Pickering. Cherry, J., concurring in part and dissenting in part. 132 Nev. Adv. Opn. No. 11. EN BANC		16-06014
03/14/2016	Motion	Filed Request for Extension of Time Within Which to File Petition for Rehearing.		16-08050
03/21/2016	Order/Procedural	Filed Order Granting Motion. Appellant's Petition for Rehearing due: April 4, 2016.		16-08838
04/05/2016	Post-Judgment Petition	Filed Petition for Rehearing.		16-10593
04/05/2016	Notice/Incoming	Filed Certificate of Compliance.		16-10595
05/12/2016	Notice/Outgoing	Issued Letter (dated 5/3/16) to Publishers with corrections to recently filed opinions. Nos. 65424/66816/67465/53626/62493/69580/65681/66473 (Letter entered in Docket No. 65424 as document no. 16-14923.)
05/19/2016	Post-Judgment Order	Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). Cherry and Saitta, JJ., dissenting. EN BANC.		16-15839
05/20/2016	Motion	Filed Motion to Stay the Remittitur.		16-15904
05/25/2016	Order/Procedural	Filed Order Granting Motion. We hereby stay issuance of the remittitur until September 16, 2016. If the clerk of this court receives written notice by that date, 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 September 16, 2016, the remittitur shall issue forthwith.		16-16368
08/15/2016	Notice/Incoming	Filed The Application for an Extension of Time within which to File a Petition for a Writ of Certiorari in the Above-Entitled Case has been Presented to Justice Kennedy, who on August 9, 2016, Extended the Time to and Including October 3, 2016.		16-25214
10/13/2016	Notice/Incoming	Filed Notice from US Supreme Court/Certiorari. A petition for a writ of certiorari was filed October 3, 2016 and placed on the docket as Case No. 16-6316.		16-31895
11/28/2016	Letter/Incoming	Filed Letter from Supreme Court of the United States addressed to Steven Owens directing their office to file a response by December 23, 2016.		16-36778
03/10/2017	Notice/Incoming	Filed Notice from the Supreme Court of the Untied States, Office of the Clerk regarding an opinion that was announced.		17-08185
04/07/2017	Notice/Incoming	Filed Notice from U S Supreme Court. (Certified copy of the mandate and a certified copy of the judgment.)		17-11549
08/02/2018	Opinion/Dispositional	Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Fn2[The Honorable Lidia S. Stiglich, Justice, did not participate in the decision of this matter.] Before the Court En Banc. Author: Hardesty, J. Majority: Hardesty/Douglas/Gibbons/Parraguirre. Pickering, J., concurring in part and dissenting in part. Cherry, J., Concurring in part and dissenting in part. 134 Nev. Adv. Opn. No. 53. EN BANC		18-29605
08/21/2018	Motion	Filed Appellant's Motion for Extension of Time to File Petition for Rehearing.		18-32285
08/27/2018	Notice/Incoming	Filed Appellant's Request to Take Judicial Notice.		18-33236
08/27/2018	Order/Procedural	Filed Order Granting Motion and Directing Answer to Petition for Rehearing. The clerk of this court is directed to file the petition for rehearing received on August 27, 2018. Respondent's Answer to the Petition for Rehearing due: 15 days.		18-33447
08/27/2018	Post-Judgment Petition	Filed Appellant's Petition for Rehearing.		18-33448
09/12/2018	Post-Judgment Petition	Filed Respondent's Answer to Petition for Rehearing.		18-35566
09/27/2018	Order/Procedural	Filed Order Granting Motion. We shall take judicial notice of the Petition for Writ of Certiorari and Respondent's Brief in Opposition attached to the motion filed August 27, 2018.		18-37783
12/07/2018	Post-Judgment Order	Filed Order Denying Rehearing and Amending Opinion. The opinion in Rippo V therefore is amended as follows: On page 34, 423 P.3d at 1102, the fourth sentence in the paragraph that begins with "Turning to the prejudice prong" is deleted and replaced. With this change to the opinion, we deny rehearing. fn1[The Honorable Lidia S. Stiglich, Justice, did not participate in the decision of this matter.] Pickering, J., with whom Cherry, J. joins dissenting. (SC)		18-907554
01/03/2019	Remittitur	Issued Remittitur. (SC)		19-00372
01/03/2019	Case Status Update	Remittitur Issued/Case Closed. (SC)
01/17/2019	Remittitur	Filed Remittitur. Received by District Court Clerk on January 8, 2019. (SC)		19-00372