Case Information: 36991
Short Caption:	JOHNSON (DONTE) VS. STATE (DEATH PENALTY)	Court:	Supreme Court
		Related Case(s):	36093, 36461, 45059, 45456, 51306, 65168, 67492, 83796
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C153154	Classification:	Criminal Appeal - Death Penalty - Direct
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	11/12/2002 at 8:30 AM	Oral Argument Location:	Carson City
Submission Date:	11/12/2002	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Amicus Curiae	Amicus Curiae Party	JoNell Thomas
Appellant	Donte Johnson	Dayvid J. Figler (Special Public Defender) Philip J. Kohn (Special Public Defender) Lee Elizabeth McMahon (Special Public Defender)
Respondent	The State of Nevada	Clark A. Peterson (Clark County District Attorney) Lynn M. Robinson (Clark County District Attorney) David J. Roger (Clark County District Attorney) Brian Sandoval (Attorney General/Carson City)

Docket Entries
Date	Type	Description	Pending?	Document
11/13/2000	Filing Fee	Filing Fee Waived.
11/13/2000	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).		00-19864
11/27/2000	Docketing Statement	Filed Docketing Statement.		00-20612
12/11/2000	Record on Appeal Documents	Filed Record on Appeal Copy. Volumes 1 through 19. Mailed on: 12/06/00.		00-21588
02/21/2001	Motion	Filed Motion to Extend Time.		01-03235
02/28/2001	Order/Procedural	Filed Order Granting Motion. Appellant shall have to and including April 18, 2001, to file and serve the opening brief.		01-03772
05/09/2001	Order/Procedural	Filed Order. This is an automatic appeal from a judgment of conviction and sentence of death. On February 28, 2001, this court granted appellant a sixty-day extension of time, to and including April 18, 2001, to file the opening brief. To date, appellant has failed to file the opening brief. Appellant shall, within 10 days of the date of this order, file and serve the opening brief or show cause why sanctions should not be imposed against counsel for appellant.		01-07732
05/17/2001	Motion	Filed Motion to Extend Time.		01-08194
06/28/2001	Motion	Filed Motion to Extend Time. Application for Extension of Time and Motion to File Seventy-Four Page Opening Brief.		01-11009
06/28/2001	Brief	Received Opening Brief. Express Mail--no postmark.		01-11010
07/18/2001	Order/Procedural	Filed Order. This is an appeal from a judgment of conviction imposing a sentence of death. On May 9, 2001, this court entered an order that directed counsel for appellant, Deputy Special Public Defender Dayvid Figler, to file and serve the opening brief by May 20, 2001, or to show cause why sanctions should not be imposed. On May 17, 2001, a motion for an extension of time to June 19, 2001, to file and serve the opening brief was filed on appellant's behalf by Deputy Special Public Defender Lee-Elizabeth McMahon. In the interest of judicial economy, we elect to treat the filing of that motion as a substitution of Ms. McMahon, in the place of Mr. Figler, as counsel for appellant. The clerk of this court shall modify the docket in this appeal accordingly. Because the extension of time requested in Ms. McMahon's motion has passed, we deny the motion as moot. Additionally, because of the delay caused in this appeal by Mr. Figler's failure to commence preparation of the opening brief, and failure to respond to orders of this court, we conclude that the imposition of sanctions is appropriate. Accordingly, Mr. Figler shall personally pay the sum of five hundred dollars ($500) to the Clark County Library within 15 days from the date of this order, and shall file with the clerk of this court a certificate or affidavit informing this court that the sanction has been paid. On June 28, 2001, Ms. McMahon filed a motion to file a 74 page opening brief, and submitted the brief along with the motion. Good Cause appearing, we grant that motion. The clerk of this court shall file the opening brief received on June 28, 2001. Respondent shall file and serve the answering brief within 60 days from the date of this order. Thereafter, briefing shall proceed according to the provisions of SCR 250(6)(d).		01-12197
07/18/2001	Brief	Filed Opening Brief. Mailed on: Express Mail--no postmark.		01-11010
07/30/2001	Motion	Filed Motion. Application for Reconsideration and Motion for Lifting of Sanctions Imposed.		01-12784
09/18/2001	Motion	Filed Motion to Extend Time.		01-15757
10/03/2001	Order/Procedural	Filed Order Granting Motion. filed September 18, 2001. Respondent shall have to and including November 16, 2001, to file and serve the answering brief.		01-16650
11/19/2001	Motion	Filed Motion for Excess Pages. Motion for Leave to File 65 Page Answering Brief.		01-19322
11/27/2001	Order/Procedural	Filed Order Granting Motion. filed November 19, 2001. The clerk of the court shall file the 65-page answering brief received on November 19, 2001. Appellant shall have 45 days from the date of this order to file and serve the reply brief. SCR 250(6)(d).		01-19808
11/27/2001	Brief	Filed Answering Brief. Mailed on: Express Mail-no postmark.		01-19324
01/15/2002	Brief	Filed Reply Brief. Mailed on: Express-No postmark.		02-00987
04/08/2002	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on June 26, 2002, at 9:00 a.m. (En Banc)
05/31/2002	Order/Procedural	Filed Order Granting Motion. On July 18, 2001, we entered an order imposing sanctions in the sum of $500 against Deputy Special Public Defender Dayvid Figler. On July 30, 2001, Deputy Public Defender Lee-Elizabeth McMahon filed a motion for reconsideration of our order and requested that we vacate the sanctions imposed against Mr. Figler. In light of the explanation provided primarily by Ms. McMahon, we grant the motion and hereby vacate the sanctions imposed against Mr. Figler in our July 18, 2001, order. We recommend that upon receipt of notices or orders from this court, the Special Public Defender's Office immediately determine which deputy is counsel of record and notify this court of any change or error to prevent unnecessary delays in the resolution of appeals before this court.		02-09520
06/12/2002	Notice/Outgoing	Issued Oral Argument Reminder Notice.
06/24/2002	Motion	Filed Stipulation. Stipulation to continue oral argument. (Filed via fax.)		02-10908
06/25/2002	Order/Procedural	Filed Order/Stipulation Approved. Order Continuing Oral Argument. On June 24, 2002, the parties filed a stipulation to continue the oral argument of this matter. The parties further request that they be allowed to file supplemental briefs based on the United States Supreme Court decision in Ring v. Arizona, 536 U.S. ___ (2002), No. 01-488, 2002 WL 1357257, issued on June 24, 2002. We approve the parties' stipulation. We vacate the oral argument presently scheduled for June 26, 2002, at 9:00 a.m., and direct the clerk of this court to schedule this appeal for oral argument before the en banc court on the next available argument calendar. Argument shall be limited to 60 minutes. We direct the parties to file supplemental briefs addressing the constitutionality of Nevada's three-judge panel system in light of the recent United States Supreme Court decision in Ring. See Id. Appellant shall have 30 days from the date of this order to file and serve a supplemental opening brief. Respondent shall have 30 days from service of the supplemental opening brief to file and serve a supplemental answering brief. Finally, appellant shall have 15 days from service of the supplemental answering brief to file and serve a supplemental reply brief.		02-10923
06/27/2002	Motion	Filed Stipulation. Stipulation to Continue Oral Argument. (Original of fax filed on 6/24/02)		02-11055
07/08/2002	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on September 6, 2002, at 11:00 a.m. (En Banc)
07/26/2002	Motion	Filed Motion. Motion of Nevada Attorneys for Criminal Justice for Leave to File Amicus Curiae Brief.		02-12892
07/30/2002	Brief	Filed Supplemental Brief. Appellant's Supplemental Opening Brief. Mailed on: Express-No postmark.		02-13029
07/30/2002	Order/Procedural	Filed Order Granting Motion. filed July 26, 2002. The clerk of this court shall file the amicus brief provisionally submitted on July 26, 2002. In its supplemental brief on appeal, the State may address the arguments presented by amicus, as well as the supplemental arguments to be presented by appellant.		02-13080
07/30/2002	Brief	Filed Amicus Brief. Amicus Brief of Nevada Attorneys for Criminal Justice.		02-12893
08/14/2002	Notice/Outgoing	Issued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 60 minutes in Carson City on November 12, 2002, at 1:30 p.m. (En Banc)
08/29/2002	Brief	Filed Supplemental Brief. Respondent's Supplemental Answering Brief. Mailed on: Express-No postmark.		02-15031
08/29/2002	Appendix	Filed Appendix. Respondent's Supplemental Appendix.		02-15032
09/12/2002	Motion	Filed Motion to Extend Time. (Appellant's Supplemental Reply Brief)		02-15914
09/24/2002	Order/Procedural	Filed Order/Motion Granted in Part. On September 12, 2002, appellant filed a motion for an extension in time, until October 13, 2002, to file the supplemental reply brief. Cause appearing, we grant the motion in part. Appellant shall have to and including October 1, 2002, to file and serve the reply brief. The oral argument of this matter shall remain scheduled for November 12, 2002.		02-16558
09/25/2002	Notice/Outgoing	Issued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 60 minutes in Carson City on November 12, 2002, at 8:30 a.m. (En Banc)
10/02/2002	Brief	Filed Supplemental Brief. Appellant's Reply to Respondent's Supplemental Answering Brief.		02-17079
10/29/2002	Notice/Outgoing	Issued Oral Argument Reminder Notice.
11/12/2002	Case Status Update	Submitted for Decision. Before the En Banc Court. En Banc.
12/18/2002	Opinion/Dispositional	Filed Per Curiam Opinion. "Affirmed in part, vacated in part, and remanded." fn49[Although Johnson has not been granted permission to file documents in this matter in proper person, see NRAP 46(b), we have received and considered his proper person documents. We conclude tht the relief requested is not warranted.] Before the Court En Banc. Per Curiam. 118 Nev. Adv. Opn. No. 79. EN BANC		02-21634
01/14/2003	Remittitur	Issued Remittitur.		03-00289
01/14/2003	Case Status Update	Remittitur Issued/Case Closed.
01/24/2003	Remittitur	Filed Remittitur. Received by County Clerk on January 16, 2003.		03-00289