Case Information: 62931
Short Caption:	STATE VS. BOSTON (ANDRE)	Court:	Supreme Court
		Related Case(s):	58216, 60819
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C084650	Classification:	Criminal Appeal - Life - Post-Conviction
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:	03/27/2014	How Submitted:	On Briefs

+ Party Information
Role	Party Name	Represented By
Appellant	The State of Nevada	Adam Paul Laxalt (Attorney General/Carson City) Steven S. Owens (Clark County District Attorney) Jonathan VanBoskerck (Clark County District Attorney)
Respondent	Andre Dupree Boston	Martin Hart (Law Offices of Martin Hart, LLC)

Docket Entries
Date	Type	Description	Pending?	Document
04/04/2013	Filing Fee	Appeal Filing fee waived. Criminal.
04/04/2013	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)		13-09891
04/05/2013	Transcript Request	Filed Certificate of No Transcript Request.		13-09973
04/12/2013	Docketing Statement	Filed Docketing Statement.		13-10910
07/12/2013	Order/Procedural	Filed Order. Respondent has submitted a document in proper person entitled "Objection to the State's Appeal as Purely Dilatory Action," which asks this court to dismiss the appeal. Although respondent is represented by counsel and has not sought leave to file documents in this matter in proper person, the clerk of this court shall file the document received on June 28, 2013. We decline to dismiss the appeal because appellant has a statutory right to file an appeal from the district court's order. Respondent should address his concerns to appointed counsel.		13-20436
07/12/2013	Motion	Filed Proper Person Motion. Objection to the State's Appeal as Purely Dilatory Action.		13-19181
08/02/2013	Motion	Filed Motion for Extension of Time - First Request. (45days)		13-22739
08/02/2013	Order/Procedural	Filed Order Granting Motion. Appellant shall have until September 16, 2013, to file and serve the opening brief and appendix.		13-22810
09/16/2013	Brief	Filed Appellant's Opening Brief.		13-27234
09/16/2013	Appendix	Filed Appellant's Appendix Volume 1.		13-27235
09/16/2013	Appendix	Filed Appellant's Appendix Volume 2.		13-27236
09/16/2013	Appendix	Filed Appellant's Appendix Volume 3.		13-27237
09/16/2013	Appendix	Filed Appellant's Appendix Volume 4.		13-27239
09/20/2013	Order/Procedural	Filed Order Directing Appellant to Comply with NRAP 32(a)(8). Appellant shall have until September 27, 2013, to file a certificate that complies with NRAP 32(a)(8). Failure to comply with this order may result in the imposition of sanctions.		13-28175
09/23/2013	Notice/Incoming	Filed Appellant's Amended Certificate of Compliance.		13-28387
10/24/2013	Notice/Outgoing	Issued Notice to File Answering Brief. Due Date: 15 days.		13-32031
11/05/2013	Motion	Filed Application for Extension of Time to File Answering Brief.		13-33295
11/12/2013	Order/Procedural	Filed Order Granting Motion. Respondent: Answering Brief due: January 7, 2014.		13-33747
01/08/2014	Motion	Filed Motion for Extension of time to File Answering Brief.		14-00605
01/10/2014	Order/Procedural	Filed Order Granting Motion. Respondent shall have until February 6, 2014, to file and serve the answering brief.		14-01032
02/06/2014	Motion	Filed Motion for Extension of Time to File Answering Brief.		14-04008
02/19/2014	Order/Procedural	Filed Order Granting Motion. Respondent shall have until March 10, 2014, to file and serve the answering brief.		14-05360
03/10/2014	Brief	Filed Respondent's Answering Brief (Respondent's Opening Brief).		14-07473
03/25/2014	Brief	Filed Appellant's Reply Brief.		14-09424
03/27/2014	Case Status Update	Briefing Completed/Submitted For Decision.
06/19/2015	Order/Procedural	Filed Order Directing Supplemental Briefing and Inviting Amicus Briefing. Appellant's Supplemental Brief (10 pages) due: 11 days. Respondent's Supplemental Brief (10 pages) due: 11 days from service of Supp. OB. The Nevada Attorney General's Office, Nevada District Attorneys Association, and Nevada Attorneys for Criminal Justice are invited to submit amicus briefs. Any amicus brief (10 pages) due: 30 days.		15-18824
06/24/2015	Brief	Filed Appellant's Supplemental Brief.		15-19236
07/07/2015	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Response to Supplemental Brief due: July 13, 2015.		15-20501
07/14/2015	Brief	Filed Respondent's Supplemental Brief.		15-21275
07/20/2015	Brief	Filed Amicus Curiae Brief.		15-21887
12/31/2015	Opinion/Dispositional	Filed Authored Opinion. "Vacated and remanded for further proceedings." Before the Court En Banc. Author: Cherry, J. Majority: Cherry/Hardesty/Parraguirre/Douglas/Saitta/Gibbons/Pickeirng. 131 Nev. Adv. Opn. No. 98. EN BANC (OPINION MODIFIED PER ORDER 1/6/16).		15-40130
01/06/2016	Post-Judgment Petition	Filed Petition for Rehearing or Alternatively Motion to Correct Misstatment of Fact		16-00299
01/06/2016	Order/Procedural	Filed Order Modifying Opinion. The clerk shall modify the opinion filed December 31, 2015, by changing the first two sentences of the third paragraph that follows the heading "Assembly Bill No. 267") (the first full paragraph on page 13 of the slip opinion) by deleting the word "not" and changing "disagree" to "agree"; the first two sentences will now read: "The State argues that aggregate sentences that constitute the functional equivalent of life without the possibility of parole are included with the amendments set forth in A.B. 267. We agree." fn1[As appellant does not demonstrate that rehearing is warranted, NRAP 40(c), we deny rehearing based on this filing. This denial is without prejudice to any party's right to file a timely petition for rehearing under NRAP 40.]		16-00365
02/01/2016	Remittitur	Issued Remittitur.		16-03244
02/01/2016	Case Status Update	Remittitur Issued/Case Closed.
02/19/2016	Remittitur	Filed Remittitur. Received by District Court Clerk on February 8, 2016.		16-03244
03/24/2016	Notice/Outgoing	Issued 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)