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Case Information: 69617
Short Caption:IBARRA (GABRIEL) VS. STATECourt:Supreme Court
Related Case(s):69617-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C308774Classification:Criminal Appeal - Fast Track - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:11/06/2017 at 2:00 PMOral Argument Location:Carson City
Submission Date:11/06/2017How Submitted:After Oral Argument

+ Party Information

Docket Entries
01/21/2016Filing FeeAppeal Filing fee waived. Criminal.
01/21/2016Notice of Appeal DocumentsFiled Notice of Appeal/Fast Track. Filed certified copy of notice of appeal. (Fast Track Notice issued to counsel for appellant.)16-02127
02/19/2016TranscriptFiled Notice from Court Reporter. Michelle Ramsey stating that the requested transcripts were delivered. Dates of transcripts: 10/06/15, 10/08/15, 10/13/15, 10/15/15, 10/19/15, 10/20/15, 11/10/15, 12/10/15.16-05477
02/26/2016TranscriptFiled Notice from Court Reporter. Kiara Schmidt stating that the requested transcripts were delivered. Dates of transcripts: 08/20/15.16-06150
03/01/2016Fast Track BriefFiled Fast Track Statement.16-06669
03/01/2016AppendixFiled Appendix to Fast Track Statement Vol I.16-06670
03/01/2016AppendixFiled Appendix to Fast Track Statement Vol II.16-06671
03/21/2016Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast track Response due: March 28, 2016.16-08870
03/29/2016Fast Track BriefFiled Fast Track Response.16-09729
04/12/2016Fast Track BriefFiled Reply to Fast Track Response.16-11389
04/12/2016Case Status UpdateFast Track Briefing Completed.
04/29/2016Notice/OutgoingIssued Notice of Transfer to Court of Appeals.16-13520
11/08/2016Order/DispositionalFiled Order Vacating Judgment and Remanding. ORDER the judgment of the district court VACATED AND REMAND this matter to the district court for proceedings consistent with this order. SILVER, J., concurring. TAO, J., dissenting. Court of Appeals-MG/JT/AS.
11/23/2016Case Status UpdateTransferred from Court of Appeals.
11/23/2016Post-Judgment PetitionFiled Respondent's Petition for Review.16-36575
01/20/2017Order/ProceduralFiled Order Directing Answer To Petition for Review. Answer due: 15 days.17-02267
02/02/2017Post-Judgment PetitionFiled Appellant Ibarra's Response to State's Petition for Review.17-03920
02/28/2017Post-Judgment OrderFiled Order Granting Petition for Review. We grant review and, pursuant to NRAP 40B(g), direct supplemental briefing on NRS 205.270, specifically, whether Ibarra's deceit in asking to borrow the cellular phone while intending to steal it rendered the taking "without the other person's consent," as NRS 205.270 requires for conviction. Respondent, as petitioner, shall have 20 days from the date of this order to file and serve its supplemental brief. Appellant shall file and serve his supplemental brief within 20 days after the respondent's supplemental brief is served. fn1[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] CHERRY, C.J., with whom STIGLICH, J., agrees, dissenting. En Banc.17-06809
03/06/2017Order/ProceduralFiled Notice of Voluntary Disclosure. You are hereby notified that the undersigned, Mark Gibbons, Justice, is directly related to Michael Gibbons, Judge, who presided over this appeal in the Court of Appeals. The Supreme Court has vacated the decision of the Court of Appeals and granted de novo review of the district court decision. The undersigned has no bias for or against any party to this appeal. The undersigned makes this disclosure, however, so that any party who believes it is appropriate to request recusal may do so. Any recusal request should be made in writing within seven (7) days of the filing date of this Voluntary Disclosure.17-07531
03/20/2017BriefFiled Respondent's Supplemental Brief.17-09240
04/10/2017BriefFiled Appellant Ibarra's Supplemental Brief in Response to Supreme Court Order Dated February 28, 2017.17-11740
08/03/2017Order/Clerk'sFiled Clerk's Order Re: Scheduling of Oral Argument. This matter will be scheduled for oral argument on the next available calendar.17-25905
09/25/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, November 6, 2017, at 2:00 p.m. for 30 minutes in Carson City.17-32456
10/23/2017Notice/OutgoingIssued Oral Argument Reminder Notice.17-36257
11/06/2017Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
09/13/2018Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court En Banc. Author: Pickering, J. Majority: Pickering/Douglas/Gibbons/Hardesty/Parraguirre. Stiglich, J., with whom Cherry, J., agrees, dissenting. 134 Nev. Adv. Opn. No. 70. EN BANC18-35745
10/09/2018RemittiturIssued Remittitur.18-39488
10/09/2018Case Status UpdateRemittitur Issued/Case Closed.
11/02/2018RemittiturFiled Remittitur. Received by District Court Clerk on October 16, 2018.18-39488