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Case Information: 57115
Short Caption:STATE VS. BARREN (GREGORY)Court:Supreme Court
Related Case(s):58002, 91024, 91024-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C267487Classification:Criminal Appeal - Other - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/24/2012 at 1:30 PMOral Argument Location:Regional Justice Center
Submission Date:02/24/2012How Submitted:After Oral Argument
Expedited

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Docket Entries
DateTypeDescriptionPending?Document
11/05/2010Filing FeeAppeal Filing fee waived. Criminal.
11/05/2010MotionFiled Motion for Stay Emergency Motion for Stay of District Court Order.10-29031
11/05/2010Order/ProceduralFiled Order Granting Temporary Stay. Respondent: 10 days to file and opposition or notice of non-opposition.10-29079
11/09/2010Notice of Appeal DocumentsFiled Notice of Appeal.10-29279
11/15/2010MotionFiled Respondent's Opposition to Emergency Motion for Stay of Proceedings.10-29835
12/30/2010Order/ProceduralFiled Order Granting Stay. Opening Brief and Appendix due: 45 days.10-34109
01/11/2011Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/1/10. To Court Reporter: Gina Shrader.11-01026
02/11/2011BriefFiled Opening Brief11-04667
02/11/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Vol. 1, (STRICKEN PER ORDER FILED 7/14/11, PAGES 65-68 AND PAGE 71)11-04668
02/11/2011AppendixFiled Appendix to Opening Brief Appellant's Appendix Vol. 211-04669
03/15/2011MotionFiled Respondent Barren's Motion for Leave to File Answering Brief in Excess of 30 Pages.11-07789
03/15/2011AppendixFiled Appendix to Answering Brief.11-07806
03/15/2011Notice/OutgoingIssued Notice Motion/Stipulation Approved. Answering Brief - 38 pages granted.11-07811
03/15/2011BriefFiled Answering Brief.11-07812
03/15/2011MotionFiled Respondent's Motion to Strike Appellant's Appendix.11-07961
03/15/2011MotionFiled Respondent's Motion to Dismiss Appeal for Lack of Jurisdiction.11-07962
03/16/2011MotionFiled Respondent's Motion to Disqualify Justice Hardesty.11-08035
03/22/2011MotionFiled Appellant's Oppostion to Respondent's Motion to Dismiss Appeal.11-08747
03/22/2011MotionFiled Appellant's Opposition to Respondent's Motion to Strike Appellant's Appendix.11-08748
03/22/2011MotionFiled Appellant's Opposition to respondent's Motion to Disqualify Justice Hardesty.11-08749
03/29/2011MotionFiled Respondent's Motion for Leave to File Replies to State's Oppositions.11-09507
04/05/2011BriefFiled Reply Brief.11-10125
04/05/2011Case Status UpdateBriefing Completed/To Screening.
04/06/2011AppendixFiled Respondent's Supplement to Respondent's Appendix.11-10297
04/12/2011Order/ProceduralFiled Order - Response. To the extent that Barren seeks my voluntary recusal, I decline. I request that the motion to disqualify me be denied by this court.11-10884
06/29/2011Order/ProceduralFiled Order Denying Motion. We conclude that respondent has failed to demonstrate good cause to excuse the untimeliness of the motion to disqualify Justice Hardesty, and the motion is therefore denied. fn1[Even if this court were to consider the motion on its merits, we conclude that Justice Hardesty's disqualification is not warranted.]11-19311
07/14/2011Order/ProceduralFiled Order Denying Motion to Dismiss and Granting Motion to Strike. We therfore grant the motion to strike and direct the clerk of this court to strike pages 65-68 and page 71 of the appellant's appendix. We will disregard any reference to these documents in the briefs. Fn1[We direct the clerk of this court to file the Reply to Appellant's Opposition to Respondent's Motion to Strike Appellant's Appendix and the Reply to Appellant's Opposition to Respondent's Motion to Dismiss Appeal which were received via E-Flex on March 29, 2011.]11-21100
07/14/2011MotionFiled Reply to Response. Respondent's Reply to Appellant's Opposition to Respondent's Motion to Strike Appellant's Appendix.11-21103
07/14/2011MotionFiled Reply to Response. Respondent's Reply to Appellant's Opposition to Respondent's Motion to Dismiss Appeal.11-21104
08/05/2011MotionFiled Reply to Appellant's Opposition to Respondent's Motion to Disqualify Justice Hardesty. (No action required - resolved with 6/29/11 order.)11-23572
11/14/2011Order/ProceduralFiled Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to scehdule this matter for oral argument before the panel on the next available calendar. The argument shall be limited to 30 minutes.11-34924
01/04/2012Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled for February 24, 2012, at 1:30 p.m. in Las Vegas for 30 minutes before the Northern Nevada Panel.12-00256
01/18/2012Notice/IncomingFiled Notice Notice of Request for Change of Last Name of Counsel For E-Filing Purposes, For E-Filing Account, and For All Practice Purposes in the Nevada Supreme Court12-01824
02/15/2012Notice/OutgoingIssued Oral Argument Reminder Notice.12-04999
02/24/2012Case Status UpdateOral argument held this day. Case submitted for decision. To the Northern Nevada Panel. NNP12C-MC/KP/JH
06/28/2012Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before: Cherry/Pickering/Hardesty. Author: Hardesty, J. Majority: Hardesty/Cherry/Pickering. 128 Nev. Adv. Opn. No. 31 NNP12C12-20307
07/13/2012MotionFiled Motion to Consolidate Appeals. (Case Nos. 57115/60783).12-22087
07/17/2012Post-Judgment PetitionFiled Respondent's Petition for Rehearing.12-22490
07/19/2012Order/ProceduralFiled Order Denying Motion. Counsel requests this court to consolidate these appeals, vacate the opinion in Docket No. 57115, allow him to file a supplemental fast track statement addressing the opinion in Docket No. 57115, and set the two cases for oral argument before the en banc court. We deny the motion. Appellant's counsel in Docket No. 60783 shall have 15 days from the date of this order to file any fast track reply. Nos. 57115/6078312-22814
09/27/2012Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c).12-30586
10/08/2012Post-Judgment PetitionFiled Respondent's Petition for En Banc Reconsideration.12-31793
11/28/2012Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC12-37586
12/24/2012RemittiturIssued Remittitur.12-40578
12/24/2012Case Status UpdateRemittitur Issued/Case Closed
01/09/2013RemittiturFiled Remittitur. Received by District Court Clerk on January 4, 2013.12-40578