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Combined Case Information: 58913
Short Caption:LOBATO (KIRSTIN) VS. STATECourt:Supreme Court
Related Case(s):49087, 59147
Lower Court Case(s):Clark Co. - Eighth Judicial District - C177394Classification:Criminal Appeal - Other - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:09/09/2014 at 11:30 AMOral Argument Location:Carson City
Submission Date:09/09/2014How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/02/2011Filing FeeAppeal Filing fee waived. Criminal.
08/02/2011Notice of Appeal DocumentsFiled Notice of Appeal/Fast Track. Filed certified copy of notice of appeal. (Fast Track Notice issued to counsel for appellant.)11-23319
08/02/2011Notice/OutgoingIssued Notice to Request Rough Draft Transcripts. Due date: 10 days.11-23321
08/05/2011Transcript RequestFiled Certificate of No Transcript Request. Certificate of Filing of Recorder's Transcript of Hearing.11-23646
08/25/2011MotionFiled Motion for Waiver of Application of NRAP 3C and Request for Full Briefing.11-26043
08/26/2011MotionFiled Motion for Stay of Fast Track Rules.11-26071
09/01/2011Order/ProceduralFiled Order Granting Motion for Full Briefing. Appellant: Opening Brief and Appendix due: 90 days.11-26679
09/01/2011Transcript RequestFiled Certificate of No Transcript Request - Certificate of Filing of Recorder's Transcript of Hearing.11-26721
12/01/2011Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Appellant's opening brief and appendix due: December 7, 2011.11-36836
12/06/2011MotionFiled Motion for Extension of Time to File Opening Brief.11-37346
12/07/2011Order/ProceduralFiled Order Granting Motion. Appellant: Opening Brief and Appendix due: January 30, 2012.11-37406
01/30/2012AppendixFiled Appendix to Opening Brief Vol 1.12-03229
01/30/2012AppendixFiled Appendix to Opening Brief Vol 2.12-03246
01/30/2012AppendixFiled Appendix to Opening Brief Vol 3.12-03247
01/30/2012AppendixFiled Appendix to Opening Brief Vol 4.12-03248
01/30/2012AppendixFiled Appendix to Opening Brief Vol 5.12-03249
01/30/2012AppendixFiled Appendix to Opening Brief Vol 6.12-03250
01/30/2012AppendixFiled Appendix to Opening Brief Vol 7.12-03251
01/30/2012AppendixFiled Appendix to Opening Brief Vol 8 (part 1).12-03252
01/30/2012AppendixFiled Appendix to Opening Brief Vol 8 (part 2).12-03253
01/30/2012AppendixFiled Appendix to Opening Brief Vol 9.12-03254
01/30/2012AppendixFiled Appendix to Opening Brief Vol 10.12-03256
01/30/2012AppendixFiled Appendix to Opening Brief Vol 11.12-03257
01/31/2012MotionFiled Motion to Transmit Exhibit for Court's Consideration.12-03275
01/31/2012MotionFiled Motion for Leave to File Opening Brief in Exess of Page Limits.12-03274
01/31/2012MotionFiled Respondent's Opposition to Appellants Motion to File Excess Page Brief.12-03409
02/06/2012MotionFiled Reply in Support of Motion for Leave to File Opening Brief in Excess of Page Limits.12-03864
02/23/2012Order/ProceduralFiled Order. The clerk shall reject the opening brief submitted on January 31, 2012. Appellant: 10 days to file and serve an opening brief that complies with NRAP 34(a). The brief shall contain no more than 29, 024 words. Fn2[Because the proposed brief does not fully comply with NRAP 32(a) and compliance of rule likely will increase the number of pages, we cannot set a page limitation in granting the motion at this time].12-05785
02/23/2012Order/ProceduralFiled Order Granting Motion and Directing Clerk to Transmit Exhibit. District court: 30 days to transmit to the clerk of this court State's Exhibit 125A.12-05828
03/05/2012BriefFiled Opening Brief -Appellant's Opening Brief.12-07017
03/12/2012MotionFiled Motion for Leave to File Amicus Curiae Brief.12-07940
03/13/2012Notice/IncomingFiled Certificate of Compliance.12-08038
03/14/2012MotionFiled Opposition to Motion for Leave to Submit Brief as Amicus Curiae.12-08083
03/19/2012MotionFiled Reply to the State's Opposition to Motion for Leave to File Amicus Curiae Brief.12-08684
04/04/2012MotionFiled Motion to Extend Time to File Answering Brief (First Request).12-10629
04/04/2012Notice/OutgoingIssued Notice Motion Approved. Answering Brief due May 4, 2012.12-10631
04/05/2012MotionFiled Motion for Leave to Add Amicus Curiae.12-10861
04/06/2012ExhibitFiled Exhibits to Motion for Leave to Add Amicus Curiae.12-10987
05/04/2012MotionFiled Motion to Extend Time to File Answering Brief (Second Request).12-14007
05/07/2012Order/ProceduralFiled Order Granting Motion. Respondent: Answering Brief due: June 4, 2012.12-14332
05/09/2012Order/ProceduralFiled Order Denying Motion. We deny the motions received on March 12, 2012, and April 5, 2012, and direct the clerk of this court to return the proposed amicus brief received on March 13, 2012.12-14673
05/16/2012MotionFiled Motion for Reconsideration and Modification of the Court's Order Denying Amicus Curiae Brief.12-15601
06/04/2012MotionFiled Motion for Extension of Time - 3rd Request.12-17379
06/08/2012Order/ProceduralFiled Order Granting Motion. Respondent: Answering Brief due: July 5, 2012.12-18055
07/05/2012MotionFiled Motion for Leave to File Answering Brief in Excess of Type-Volume Limitations.12-21032
07/06/2012Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file the answering brief received via E-Flex on July 5, 2012. Appellant: Reply Brief due: 30 days.12-21177
07/06/2012BriefFiled Respondent's Answering Brief.12-21178
07/25/2012Order/ProceduralFiled Order Denying Motion. The Justice Institute, Proving Innocence, and the Worldwide Women's Criminal Justice Network have filed a motion for reconsideration and modification of our prior order denying their motions for leave to file a joint amicus curiae brief in support of appellant. No good cause appearing, we deny the motion.12-23411
08/02/2012MotionFiled Motion For Extension of Time to File Reply Brief (60 days).12-24349
08/06/2012Notice/IncomingFiled Erata to Motion for Extension of Time filed on 08/02/12.12-24728
08/07/2012MotionFiled Petition for Reconsideration EN Banc And Request For Expedited Relief.12-24805
08/09/2012Order/ProceduralFiled Order Granting Motion. Appellant: Reply Brief due: October 8, 2012.12-25066
09/13/2012Order/ProceduralFiled Order Denying Petition. The proposed amici now seek en banc reconsideration of our decision. The request is denied because en banc reconsideration of our decision on a procedural motion is not contemplated under NRAP 40A.12-28964
10/08/2012AppendixFiled Appendix to Reply Brief.12-31787
10/09/2012MotionFiled Motion for Leave to file Reply Brief with Excess Pages.12-31810
10/11/2012MotionFiled Opposition to Motion for Leave to File Reply Brief in Excess of Page Limits.12-32228
10/16/2012MotionFiled Reply In Support of Motion For Leave To File Reply Brief With Excessive Pages.12-32797
10/19/2012Order/ProceduralFiled Order Denying Motion. The clerk of this court shall reject the reply brief received via E-Flex on October 9, 2012. Appellant: 30 days to file a reply brief that shall not exceed 47 pages.12-33299
10/30/2012MotionFiled Motion to Reconsider Page Limit.12-34156
11/27/2012Order/ProceduralFiled Order Granting Motion. Appellant shall have 30 days to file a reply brief that contains no more than 14,813 words (half the type-volume of the answering brief).12-37377
12/27/2012BriefFiled Lobato Reply Brief.12-40925
12/27/2012MotionFiled Motion for Leave to file Reply Brief Exhibits.12-40930
12/27/2012Case Status UpdateBriefing Completed/Submitted For Decision.
12/31/2012MotionFiled Opposition to Motion for Leave to File Reply Exhibits.12-41248
01/08/2013MotionFiled Lobato - Reply in Support of Motion for Leave to File Reply Exhibits.13-00654
02/04/2013Notice/IncomingFiled GWB Notice of Change of Firm Name.13-03556
03/27/2013Notice/IncomingFiled Notice of Association of Counsel. Phung H. Jefferson, Esq. of Law Office of Phung H. Jefferson, PC as co-counsel for the Petitioner.13-09090
05/01/2013AppendixFiled Appendix to Opening Brief - Missing pages 1573 to 1582 of Volume 7 (via fax).13-12726
06/04/2013MotionFiled Motion to Associate Counsel.13-16316
06/07/2013Order/ProceduralFiled Order Granting Motion to Associate Counsel and Disapproving Substitution of Counsel. Mr. Afoh-Anin shall be permitted to appear on behalf of appellant in this appeal.13-16787
09/20/2013Notice/IncomingFiled Substitution of Counsel of Record (Phung H. Jefferson, Esq. in place and stead of Travis N. Barrick, Esq.).13-28099
02/21/2014Notice/IncomingFiled Appellant's Notice of Supplemental Authorities.14-05777
03/25/2014Notice/IncomingFiled Appellant's Second Notice of Supplemental Authorities.14-09300
03/31/2014Order/ProceduralFiled Order. Appellant's Supplemental Opening Brief (10 pages) due: 11 days. Respondent's Supplemental Answering Brief (10 pages) due: 11 days from service of Supp. OB. Appellant's Supplemental Reply Brief (5 pages) due: 11 days from service of Supp. AB.14-09991
04/09/2014BriefFiled Appellant's Supplemental Opening Brief.14-11264
04/21/2014BriefFiled Respondent's Supplemental Answering Brief.14-12738
04/23/2014Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled Tuesday, July 1, 2014, at 10:30 a.m. in Carson City. Argument shall be limited to 30 minutes.14-13103
05/01/2014MotionFiled Motion for Leave to File Appellant's Supplemental Reply Brief in Excess of Page Limit.14-14189
05/07/2014MotionFiled Opposition to Motion for Leave to File Appellant's Supplemental Reply Brief in Excess of Page Limit.14-14681
05/08/2014Order/ProceduralFiled Order Denying Motion. The clerk of this court shall return appellant's supplemental reply brief, received via E-Flex on May 1, 2014, unfiled. Appellant shall have until May 15, 2014, to file and serve a supplemental reply brief that consists of no more than 5 pages.14-14861
05/13/2014BriefFiled Appelant's Supplemental Reply Brief.14-15393
05/30/2014MotionFiled Motion to Postpone Oral Argument.14-17437
06/04/2014Order/ProceduralFiled Order Granting Motion. The oral argument presently scheduled for Tuesday, July 1, 2014, at 10:30 a.m. is hereby vacated. The clerk of this court is directed to schedule this matter before the en banc court on the next available calendar.14-18229
07/17/2014Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral argument is scheduled Tuesday, September 9, 2014, at 11:30 a.m. in Carson City. Argument shall be limited to 30 minutes.14-23274
08/26/2014Notice/OutgoingIssued Oral Argument Reminder Notice.14-28206
09/09/2014Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
09/28/2015Notice/IncomingFiled Appellant's Third Notice of Supplemental Authorities.15-29375
11/23/2016Order/DispositionalFiled Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." EN BANC16-36515
12/20/2016RemittiturIssued Remittitur. Returned Original Exhibit 125 to District Court Clerk.16-39433
12/20/2016Case Status UpdateRemittitur Issued/Case Closed.
01/12/2017RemittiturFiled Remittitur. Received by District Court Clerk on December 28, 2016.16-39433
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