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Case Information: 62649
Short Caption:BARBER (JAQUEZ) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C268471Classification:Criminal Appeal - Other - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/12/2015 at 11:30 AMOral Argument Location:Regional Justice Center
Submission Date:02/12/2015How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/20/2013Filing FeeAppeal Filing fee waived. Criminal.
02/20/2013Notice of Appeal DocumentsFiled Notice of Appeal/Fast Track. Filed certified copy of notice of appeal. (Fast Track Notice issued to counsel for appellant.)13-05389
03/04/2013Order/Clerk'sFiled Order Granting Telephonic Extension. Court recorder Sarah Richardson's certificate due: March 25, 2013.13-06475
03/19/2013TranscriptFiled Notice from Court Reporter Sara Richardson stating that the requested transcripts were delivered. Dates of transcripts: 3/15/11, 5/12/11, 5/26/11, 6/2/11, 6/14/11, 8/4/11,8/25/11, 10/25/11, 12/8/11, 12/22/11, 1/3/12, 1/10/12, 9/20/12, 10/2/12, 10/4/12, 10/9/12, 10/10/12, 10/11/12, 12/13/12, 1/10/13.13-08208
03/25/2013TranscriptFiled Notice from Court Reporter. Kiara Schmidt stating that the requested transcripts were delivered. Dates of transcripts: 10/28/10, 11/04/10, and 11/18/10.13-08692
04/01/2013MotionFiled Appellant's Motion for Extension of Time to File Fast Track Statement.13-09562
04/03/2013Order/ProceduralFiled Order Granting Motion. Appellant: Fast Track Statement and Appendix due: April 22, 2013.13-09734
04/22/2013MotionFiled Motion for Extension to File Fast Track Statement,13-11779
04/24/2013Order/ProceduralFiled Order Granting Motion. Appellant: Fast Track Statement and Appendix due: June 26, 2013.13-12012
05/01/2013Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/27/10 To Court Reporter: Shelly Ajoub.13-12776
06/14/2013TranscriptFiled Notice from Court Reporter Darryl Thomas stating that the requested transcripts were delivered. Dates of transcripts: 9/27/10.13-17665
06/26/2013MotionFiled Motion to Extend Time To File FTS.13-18803
07/05/2013Order/ProceduralFiled Order Granting Motion. Appellant shall have until July 26, 2013, to file and serve the fast track statement and appendix.13-19669
07/26/2013MotionFiled Motion for Extension of Time.13-22176
08/05/2013MotionFiled Motion for Extension of Time Pending Decision on Motion for Full Briefing.13-22849
08/05/2013MotionFiled Motion for Full Briefing.13-22850
08/07/2013ExhibitFiled Exhibit (original). Exhibit B. to Motion for Full Briefing (SEALED).
08/09/2013Order/ProceduralFiled Order Granting Motion. Appellant's motion for the full briefing of this appeal is granted. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. In light of this order, appellant's motions for extensions of time to file the fast track statement and appendix are moot and we take no action on them.13-23433
09/09/2013MotionFiled Motion for One Day Extension to File OB.13-26610
09/11/2013MotionFiled Motion for One Day Extension to File OB.13-26781
09/11/2013AppendixFiled Appendix Vol I.13-26783
09/11/2013AppendixFiled Appendix Vol II.13-26785
09/11/2013AppendixFiled Appendix Vol III.13-26786
09/11/2013Notice/OutgoingIssued Notice Motion/Stipulation Approved. Opening Brief due: September 11, 2013.13-26807
09/11/2013BriefFiled Appellant's Opening Brief.13-26832
09/17/2013MotionFiled Appellant's Motion to File Juvenile Court Documents Under Seal In The Appendix.13-27577
09/17/2013AppendixFiled Appendix Vol IV - Pages 711-721 Unsealed.13-27578
09/20/2013MotionFiled Opposition to Motion to File Juvenile Court Documents Under Seal in the Appendix.13-28101
09/23/2013MotionFiled Motion to Strike Portions of Appellate's Brief for Lack of Jurisdiction and Motion to Holding Briefing in Abeyance.13-28264
09/24/2013MotionFiled Reply to State's Opposition to Motion to File Juvenile Court Documents Under Seal in the Appendix.13-28465
10/01/2013MotionFiled Appellant's Opposition to State's Motion to Strike Issues Within Appellant's Opening Brief.13-29301
10/02/2013MotionFiled Appellant's Motion to Strike the Exhibit Attached to the State's Motion to Strike Issue I and Issue II in Appellant's Opening Brief.13-29362
10/03/2013MotionFiled Reply to Opposition to Motion to Strike Portions of Appellant's Brief.13-29490
10/03/2013MotionFiled Motion for Leave to File Supplemental Points and Authorities in Support of Appellant's Opposition to Respondent's Motion to Strike.13-29588
10/03/2013MotionFiled Opposition to Motion to Strike Exhibit Attached to State's Motion.13-29591
10/04/2013MotionFiled Appellant's Reply to State's Opposition to Appellant's Motion to Strike and Motion to Strike Exhibits Attached to State's Opposition.13-29765
10/11/2013MotionFiled Motion to Hold Briefing in Abeyance and Motion to Extend Time.13-30383
10/14/2013MotionFiled Opposition to State's (Second) Motion to Hold Briefing in Abeyance and response to State's First Motion to Extend Time.13-30518
10/29/2013Order/ProceduralFiled Order. We therefore deny the motion to file the juvenile court documents under seal. The clerk of this court shall remove the appendix received on September 13, 2013, from the envelope marked "sealed," redact the two references to appellant's driver's license number on page 673, and file the appendix volume IV, pages 652-710. The motion to strike portions of appellant's opening brief for lack of jurisdiction is denied, as are the State's related motions to hold briefing in abeyance pending resolution of the motion to strike. The motion for an extension of time to file the answering brief is granted. Respondent: Answering Brief due: 30 days. Fn1[We also deny the motion to strike the exhibit attached to the State's motion to strike issues from appellant's opening brief (filed on October 2, 2013) and the motion to strike exhibits attached to the State's opposition to that motion (filed October 4, 2013).] Fn3[We grant appellant's motion for leave to file supplemental points and authorities in support of the opposition to the motion to strike portions of the opening brief. The clerk of this court shall file the supplemental points and authorities received via E-Flex on October 4, 2013.]13-32416
10/29/2013AppendixFiled Appendix to Opening Brief Volume IV. (SEALED PAGES 652-95 AND 700-10 PER ORDER FILED 1/23/14)13-32419
10/29/2013BriefFiled Supplemental Points and Authorities In Support of Opposition to Respondent's Motion to Strike Issues I and II of Opening Brief.13-32423
10/30/2013MotionFiled Motion to Reconsider the Denial of His Motoin to File Juvenile Court Documents Under Seal in the Appendix.13-32542
10/30/2013MotionFiled Motion to Strike Portions of Appellant's Motion to Reconsider Denial of Motion to File Juvenile Court Documents Under Seal in the Appendix.13-32652
10/31/2013MotionFiled Response to Motion Opposition to State's Motion to Strike Portions of Appellan's Motion to Reconsider13-32719
10/31/2013MotionFiled Appellant's Amended Motion to Reconsider Alternatively Second Motion.13-32721
10/31/2013MotionFiled Reply to Opposition to Motion to Strike Portion of Appellant's Motion to Reconsider.13-32829
11/12/2013Order/ProceduralFiled Order. In this order, we address the motion to strike, the opposition to that motion, and the reply. Citation to the case is inappropriate, and we will not consider it in resolving the motion to reconsider. Respondent: Response to motion due: November 15, 2013.13-33667
11/26/2013BriefFiled Respondent's Answering Brief.13-35742
12/03/2013MotionFiled Appellant's Motion Supplementing The Authority Presented in his Motion to Reconsider Denial of Motion to File Juvenile Court Documents Under Seal.13-36144
12/04/2013MotionFiled Opposition to Appellant's Motion Supplementing the Authority in his Motion to Reconsider13-36467
12/10/2013MotionFiled Motion for Leave to File Reply to State's Response to Barber's Motion to Supplement in Excess of Five Pages.13-37246
12/13/2013MotionFiled Stipulation to File Reply Brief.13-37874
12/13/2013Notice/OutgoingIssued Notice Motion/Stipulation Approved. The stipulation to extend time to file reply brief is approved. Due date: January 24, 2014.13-37918
01/23/2014Order/ProceduralFiled Order Granting in Part Motion for Reconsideration. We direct the clerk of the court to seal pages 652-95, 700-10 of volume IV of appellant's appendix. Fn1[We grant appellant's motions filed on December 3, 2013 and December 10, 2013. The clerk of this court is directed to file appellant's reply to the State's response to appellant's motion to supplement received on December 10, 2013.]14-02406
01/23/2014MotionFiled Reply to State's Response to Barber's Motion to Supplement.14-02413
01/24/2014MotionFiled Motion for Extension to File Reply Brief.14-02616
01/29/2014MotionFiled Motion for One Day Extension to File Reply Brief.14-02996
01/30/2014MotionFiled Motion for Leave to File Reply Brief in Excess of Type Volume Limitations.14-03173
02/19/2014Order/ProceduralFiled Order Denying Motion to Exceed Type-Volume Limitation and Granting Motions for Extension of Time In Part. The clerk of this court shall reject the reply brief received via E-Flex on January 30, 2014. The clerk of this court shall file the reply appendix received via E-Flex on January31, 2014. Appellant shall have 30 days from the date of this order to file a reply brief that complies with either the standard page limitation (not more than 15 pages) or type-volume limitation (not more than 7000 words).14-05381
02/19/2014AppendixFiled Appendix to Reply Brief -Appellant's Appendix Vol IV Pages 722-751.14-05386
02/26/2014MotionFiled Appellant's Motion to Reconsider Order of 02-19-14 and Motion for Leave to File Reply Brief in Excess of Type-Volume Limitation.14-06387
03/14/2014Order/ProceduralFiled Order. The clerk of this court shall file the reply brief received via E-Flex on February 26, 2014. Because we grant the motion to exceed the type-volume limitation, the motion for reconsideration is denied as moot.14-08393
03/14/2014BriefFiled Appellant's Reply Brief.14-08394
12/04/2014Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar.14-39424
01/07/2015Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Thursday, February 12, 2015, @ 11:30 a.m. for 30 minutes in Las Vegas.15-00717
01/28/2015Notice/OutgoingIssued Oral Argument Reminder Notice.15-03060
02/12/2015Case Status UpdateOral argument held this day. Case submitted for decision. To the Southern Nevada Panel. SNP15-RP/MD/MC.
12/31/2015Opinion/DispositionalFiled Authored Opinion. "Reversed." Before the Court En Banc. Author: Hardesty, C.J. Majority: Hardesty/Parraguirre/Douglas/Cherry/Saitta/Gibbons/Pickering. 131 Nev. Adv. Opn. No. 103. EN BANC15-40143
01/25/2016RemittiturIssued Remittitur.16-02412
01/25/2016Case Status UpdateRemittitur Issued/Case Closed.
02/11/2016RemittiturFiled Remittitur. Received by District Court Clerk on January 28, 2016.16-02412
03/24/2016Notice/OutgoingIssued Letter to Publishers dated March 21, 2016, with corrections to recently filed opinions. Nos. 65390/62357/66410/66474/62931/64946/67331/65143/62649. (Letter entered in 65390 as document no. 16-09339)