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Case Information: 67619
Short Caption:ANSELMO (MICHAEL) VS. BISBEECourt:Supreme Court
Related Case(s):78576
Lower Court Case(s):Carson City - First Judicial District - 14EW00029Classification:Original Proceeding - Criminal - Mandamus
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:03/16/2017 at 9:30 AMOral Argument Location:Reed High School
Submission Date:03/16/2017How Submitted:After Oral Argument

+ Party Information

Docket Entries
03/20/2015Filing FeeAppeal Filing fee waived. Criminal.
03/20/2015Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.15-08649
03/26/2015Order/ProceduralFiled Order Directing Transmission of Record. Record due: 60 days.15-09277
04/01/2015Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.15-09899
05/27/2015Record on Appeal DocumentsFiled Record on Appeal Volume 1.15-40341
05/27/2015Case Status UpdateSubmitted for Decision.
11/24/2015Order/ProceduralFiled Order Regarding Pro Bono Counsel. Having considered the record and the proper person appeal statement, this court has determined that the appointment of pro bono counsel to represent appellant would assist this court in reviewing this appeal. This case is hereby referred to the program established by the Pro Bono Committee to evaluate whether appellant can benefit from the program. Accordingly, we direct the clerk of this court to transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Notice of Appearance or Statement from the Legal Aid Center of Nevada due: 60 days.15-35985
12/01/2015Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.15-36577
02/22/2016Order/ProceduralFiled Order Regarding Pro Bono Counsel. On November 24, 2015, this court entered an order referring appellant to the Legal Aid Center of Southern Nevada for financial eligibility screening for the possible appointment of pro bono counsel. In an abundance of caution, we again direct the clerk of this court to transmit a copy of this order and the attached case summary to the Legal Aid Center of Southern Nevada for financial eligibility screening. Notice of Appearance for Appellant due: 60 days. fn1[A copy of that order is attached.]16-05617
03/16/2016Notice/IncomingFiled Statement of Legal Aid Representation (Pursuant to NRS 12.015) (SOLA).16-08346
03/16/2016Notice/IncomingFiled Notice of Appearance of Pro Bono Counsel (Kirk Lenhard as counsel for the Appellant).16-08347
03/22/2016Order/ProceduralFiled Order Setting Briefing Schedule. Transcript Request Form due: 14 days. Opening Brief and Appendix due: 90 days.16-08942
03/30/2016Notice of Appeal DocumentsFiled District Court Docket Entries.16-09966
04/06/2016Transcript RequestFiled Certificate of No Transcript is Being Requested.16-10699
06/21/2016BriefFiled Appellant's Opening Brief.16-19341
07/15/2016MotionFiled Appellant Michael P. Anselmo's Motion for Leave to Supplement the Record on Appeal.16-22142
07/20/2016BriefFiled Respondents' Answering Brief.16-22603
08/09/2016MotionFiled Stipulation to Extend Time for Appellant to File Reply Brief on Appeal.16-24607
08/09/2016Notice/OutgoingIssued Notice - Stipulation Approved. Reply Brief due: September 19, 2016.16-24609
09/01/2016Order/ProceduralFiled Order Denying Motion. Appellant has moved to supplement the record on appeal with documentation considered by the parole board, but not considered by the district court, reflecting his progress within the prison system. The motion is unopposed. Having considered the motion, we deny it.16-27186
09/20/2016BriefFiled Appellant's Reply Brief.16-29104
09/20/2016Case Status UpdateBriefing Completed/Submitted For Decision.
12/28/2016Order/ProceduralFiled Order. This matter was previously submitted on the record and briefs filed herein. Upon further review, the 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.16-40345
12/29/2016Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled on Thursday, March 16, 2017, at 9:30 a.m. for 30 minutes at Reed High School.16-40483
12/29/2016Order/Clerk'sFiled Notice of Disclosure. The court and parties are advised that the undersigned represented appellant before the pardons board and secured a commutation of his sentence when I was a practicing criminal defense attorney. In my present capacity as Chief Assistant Clerk of Court, I keep argument minutes and conference notes on behalf of the justices but do not vote in case deliberations. Should any of the parties object to my role as court clerk in this case, they shall notify the court within 10 days from the date of this notice.16-40492
12/29/2016Notice/IncomingFiled Notice of Association of Counsel (Jeffrey Conner as counsel for the Respondent).16-40551
01/04/2017Notice of Appeal DocumentsFiled Copy of District Court Docket Entries.17-00206
01/11/2017Notice/IncomingFiled Appellant Michael P. Anselmo's Notice of Non-Objection to Notice of Disclosure.17-01090
03/03/2017Notice/OutgoingIssued Oral Argument Reminder Notice.17-07369
03/09/2017Notice/IncomingFiled Notice of Appearance - Emily Ellis as counsel for the appellant. (Emily Ellis and Kurt Lenhard will be arguing during argument).17-08016
03/16/2017Case Status UpdateOral argument held this day. Case submitted for decision. Before the Northern Nevada Panel. JH/RP/LS
06/29/2017Order/ProceduralFiled Order. We direct the clerk of this court to convert Anselmo's appeal into an original petition for a writ of mandamus.17-21697
06/29/2017Opinion/DispositionalFiled Authored Opinion. "Petition granted." Direct the clerk of this court to isse a writ of mandamus instructing the Board to vacate its November 17, 2014, denial of parole and conduct a new parole hearing in which NAC 213.518(2)(k) is not applied. Before: Hardesty/Parraguirre/Stiglich. Author: Stiglich, J. Majority: Stiglich/Hardesty/Parraguirre. 133 Nev. Adv. Opn. No. 45. NNP17-JH/RP/LS17-21700
06/29/2017Notice/IncomingFiled Notice of Substitution of Counsel (Attorney Daniel M. Roche to be Removed from Case).17-21724
06/29/2017WritIssued Writ with letter. Original and one copy of writ and copy of the Opinion mailed to Attorney Kirk Lenhard for service upon The State of Nevada Board of Parole.17-21751
07/07/2017WritFiled Returned Writ. Original Writ returned. Served on The State of Nevada Board of Parole on 07/05/17..17-22538
07/17/2017Post-Judgment PetitionFiled Real Party in Interests' Petition for Rehearing.17-23713
10/11/2017Order/ProceduralFiled Order Directing Answer. Petitioner's Answer to Petition for Rehearing due: 15 days.17-34638
10/30/2017Post-Judgment PetitionFiled Petitioner's Answer to Petition for Panel Rehearing.17-36945
11/16/2017Post-Judgment OrderFiled Order Correcting Opinion Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1[The clerk of this court is directed to strike the words "Division of Parole and Probation" from lines 2-3 on page 8 of the Advance Opinion, and to replace them with the words "Board of Parole Commissioners," such that the first sentence on page 8 of the Advance Opinion reads as follows: "With respect to the aggravating factor under NAC 213.518(2)(k), the internal guidelines for the Board of Parole Commissioners state?."]17-39569
12/01/2017Post-Judgment PetitionFiled Real Parties in Interest's Petition for En Banc Reconsideration.17-41511
01/19/2018Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC.18-02625
02/13/2018RemittiturIssued Notice in Lieu/Rehearing.18-05869
02/13/2018Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed.
07/02/2018OtherReturned Unfiled Document "Motion for Clarification of Court Order and Order to Enforce Order."18-25122