64249: Case View

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Combined Case Information: 64249
Short Caption:	GONZALEZ (ERNESTO) VS. STATE	Court:	Supreme Court
Lower Court Case(s):	Washoe Co. - Second Judicial District - CR111718B	Classification:	Criminal Appeal - Life - Direct
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	09/02/2015 at 11:00 AM	Oral Argument Location:	Carson City
Submission Date:	09/02/2015	How Submitted:

+ Party Information
Role	Party Name	Represented By
Appellant	Ernesto Manuel Gonzalez	Richard F. Cornell David R. Houston (Former) (Law Office of David R. Houston) John Reese Petty (Former) (Washoe County Public Defender)
Respondent	The State of Nevada	Richard A. Gammick (Former) (Washoe County District Attorney) Adam Paul Laxalt (Attorney General/Carson City) Terrence P. McCarthy (Washoe County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
10/18/2013	Filing Fee	Filing fee waived: Criminal.
10/18/2013	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)		13-31431
11/14/2013	Notice/Outgoing	Issued Notice to File Docketing Statement and Request Transcripts. Due date: 10 days.		13-34261
12/13/2013	Motion	Filed Motion for Leave to File Fast Track Statement Late.		13-37881
12/20/2013	Order/Procedural	Filed Order Denying Motion. Appellant has filed a motion for leave to file an untimely fast track statement. The motion is denied. Attorney David R. Houston therefore remains counsel of record before this court and is obligated to comply with this court's rules and orders unless he is relieved by this court. Counsel: 15 days to file a docketing statement and a transcript request form.		13-38781
01/06/2014	Motion	Filed Motion for Leave to be Relieved as Appointed Counsel and to Appoint the Washoe County Public Defender.		14-00237
01/06/2014	Docketing Statement	Filed Docketing Statement Criminal Appeals.		14-00347
01/07/2014	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 7/22/13, 7/23/13, 7/24/13, 7/25/13, 7/29/13, 7/30/13, 7/31/13, 8/1/13, 8/2/13, 8/5/13, 8/6/13 & 8/7/13. To Court Reporter: Captions Unlimited.		14-00447
01/13/2014	Order/Procedural	Filed Order Granting Motion to Withdraw as Counsel and Remanding for Appointment of Counsel. The clerk of this court shall remove Mr. Houston as counsel of record for appellant. We remand this appeal for the limited purpose of securing counsel for appellant. District Court: written or minute order due: 35 days. Briefing suspended.		14-01104
01/27/2014	Notice/Incoming	Filed Notice of Appearance (John Reese Petty as appellate counsel for Appellant, Ernesto Manuel Gonzalez)		14-02734
02/04/2014	Order/Procedural	Filed Order Reinstating Briefing. Appellant: Opening Brief and Appendix due: 120 days. Fn1[Appellant's former counsel filed a docketing statement on January 6, 2014, and a transcript request form on January 7, 2014.		14-03535
02/10/2014	Notice/Incoming	Filed Notice: Regarding Transcripts.		14-04236
02/10/2014	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 7/22/13, 7/23/13, 7/24/13, 7/25/13, 7/29/13, 7/30/13, 7/31/13, 8/1/13, 8/2/13, 8/5/13, 8/6/13, 8/7/13 & 8/8/13 To Court Reporter: Captions Unlimited of Nevada and M. Ferrell, B. Van Auken, S. Culp, Phipps, and S. Loder.		14-04240
02/24/2014	Order/Incoming	Filed District court order. Certified copy of order appointing Washoe County Public Defenders Office to Represent Appellant filed in district court on 1/24/14.		14-06010
05/16/2014	Transcript	Filed Notice from Court Reporter Stephani L. Loder stating that the requested transcripts were delivered. Dates of transcripts: 7/15/13, 7/18/13, 7/19/13, 7/22/13 - 7/25/13, 7/29/13 - 8/02/13, 8/5/13 - 8/08/13.		14-16022
05/27/2014	Motion	Filed Stipulation for extension of time to File Opening Brief.		14-17084
05/27/2014	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. Opening Brief due: July 7, 2014.		14-17154
06/03/2014	Notice/Incoming	Filed Substitution of Attorneys - Richard F. Cornell, Esq. as counsel for appellant in place and stead of Washoe County Public Defender's Office.		14-17949
06/03/2014	Motion	Filed Motion for Extension of Time (Opening Brief and Appendix).		14-18017
06/06/2014	Order/Procedural	Filed Order Granting Motion in Part. Appellant: Opening Brief and Appendix due: October 6, 2014.		14-18484
10/01/2014	Motion	Filed Motion for Extension of Time (Second Request by Current Counsel).		14-32712
10/03/2014	Order/Procedural	Filed Order Granting Motion. Appellant's opening brief and appendix due: November 5, 2014.		14-32914
11/03/2014	Motion	Filed Motion for Extension of Time to File Appellant's Opening Brief and Appendix (Third Request).		14-36144
11/07/2014	Order/Procedural	Filed Order Granting Motion. Appellant's opening brief and appendix due: November 17, 2014.		14-36850
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume I.		14-37438
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume II.		14-37439
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume III.		14-37440
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume IV.		14-37441
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume V.		14-37443
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume VI.		14-37444
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume VII.		14-37445
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volum VIII.		14-37490
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume IX.		14-37489
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume X.		14-37491
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XI.		14-37493
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XII.		14-37505
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XIII		14-37506
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XIV		14-37508
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XV		14-37511
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volum XVI.		14-37512
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XVII		14-37514
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XVIII		14-37515
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XIX		14-37523
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XX.		14-37524
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XXI		14-37525
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XXII		14-37531
11/13/2014	Appendix	Filed Appendix to Opening Brief Appellant's Appendix, Volume XXIII		14-37532
11/13/2014	Motion	Filed Motion for Order Permitting Filing of Oversized Brief.		14-37533
11/14/2014	Order/Procedural	Filed Order Granting Motion. The clerk of this court shall file the opening brief received via E-Flex on November 13, 2014. Respondent: 30 days to file the answering brief.		14-37666
11/14/2014	Brief	Filed Appellant's Opening Brief.		14-37667
12/15/2014	Motion	Filed Stipulation for Extension of Time File Answering Brief.		14-40743
12/15/2014	Notice/Outgoing	Issued Notice - Stipulation Approved. Answering Brief due: January 14, 2015.		14-40755
01/15/2015	Motion	Filed Motion for Extension of Time.		15-01642
01/23/2015	Order/Procedural	Filed Order Granting Motion. Answering Brief due: February 13, 2015.		15-02598
02/12/2015	Brief	Filed Respondent's Answering Brief.		15-04814
03/03/2015	Motion	Filed Motion for Extension of Time Within Which to File Appellant's Reply Brief.		15-06564
03/03/2015	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. Reply Brief due: April 13, 2015.		15-06566
04/07/2015	Motion	Filed Motion for Extension of Time Within Which to File Appellant's Reply Brief (Second Request).		15-10511
04/10/2015	Order/Procedural	Filed Order Granting Motion. Reply Brief due: May 13, 2015.		15-10852
04/21/2015	Motion	Filed Motion for Order for Filing of Oversized Reply Brief.		15-12091
04/24/2015	Order/Procedural	Filed Order Denying Motion. Appellant's counsel has filed a motion for leave to file a reply brief in excess of the type-volume limitation. The motion is denied. The clerk of this court shall reject the reply brief received via E-Flex on April 21, 2015. Reply Brief due: 15 days.		15-12594
04/30/2015	Brief	Filed Appellant's Reply Brief.		15-13124
04/30/2015	Case Status Update	Briefing Completed/To Screening.
07/28/2015	Order/Clerk's	Filed Order Re: Scheduling of Oral Argument. This matter will be scheduled for oral argument on the next available calendar.		15-22778
07/30/2015	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Argument is scheduled for Wednesday, September 2, 2015, at 10:00 a.m. for 30 minutes in Carson City.		15-23087
08/05/2015	Motion	Filed Motion to Direct the District Court Clerk to Transmit Original Exhibits.		15-23619
08/13/2015	Order/Clerk's	Filed Order Changing Start Time For Oral Argument. This matter is currently Scheduled for oral argument at 10:00 a.m. on September 2, 2015. Cause appearing, the start time for the argument is hereby changed although the date remains the same. Oral argument will now be held at 11:00 a.m. on September 2, 2015, in Carson City.		15-24416
08/14/2015	Order/Procedural	Filed Order Granting in Part Motion to Transmit Original Exhibits. The clerk of the district court shall have until August 21, 2015, to transmit to the clerk of this court the original exhibit 151, admitted on July 24, 2013, and described on the district court exhibit list as "Thumb Drive." Because appellant fails to demonstrate that exhibits 1, 1A, and 130 are incapable of being reproduced in an appendix we deny the motion to transmit those exhibits.		15-24625
08/18/2015	Notice/Outgoing	Issued Oral Argument Reminder Notice.		15-24952
09/02/2015	Case Status Update	Oral argument held this day. Case submitted for decision before the En Banc Court.
12/31/2015	Opinion/Dispositional	Filed Authored Opinion. "Reversed and remanded." Before the Court En Banc. Author: Saitta, J. Majority: Saitta/Hardesty/Parraguirre/Douglas/Cherry/Gibbons/Pickering. 131 Nev. Adv. Opn. No. 99. EN BANC		15-40132
01/19/2016	Post-Judgment Petition	Filed Petition for Rehearing.		16-01771
01/22/2016	Order/Procedural	Filed Order Directing Answer to Petition for Rehearing. Appellant: Answer due: 15 days.		16-02308
02/04/2016	Post-Judgment Petition	Filed Answer to Petition for Rehearing.		16-03765
03/25/2016	Post-Judgment Order	Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c).		16-09459
04/19/2016	Remittitur	Issued Remittitur. Returned Original Exhibit 151 "Thumb Drive" to District Court Clerk.		16-12144
04/19/2016	Case Status Update	Remittitur Issued/Case Closed.
04/29/2016	Remittitur	Filed Remittitur. Received by District Court Clerk on April 21, 2016.		16-12144

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