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Case Information: 76417
Short Caption:VALDEZ-JIMENEZ (JOSE) VS. DIST. CT. (STATE) C/W 76845Court:Supreme Court
Consolidated:76417*, 76845Related Case(s):76845, 76947
Lower Court Case(s):Clark Co. - Eighth Judicial District - C332277Classification: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:09/04/2019 at 1:30 PMOral Argument Location:Carson City
Submission Date:09/04/2019How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/18/2018Filing FeePetition Filing Fee Waived. Criminal.
07/18/2018Petition/WritFiled Petition for Writ of Mandamus.18-27499
07/18/2018AppendixFiled Appendix to Petition for Writ.18-27500
09/13/2018Order/ProceduralFiled Order/Answer Writ Petition. Real Party in Interest's Answer due: 20 days.18-35904
10/03/2018Petition/WritFiled Answer to Petition for Writ of Mandamus.18-38768
10/03/2018AppendixFiled Real Party In Interest's Appendix.18-38769
10/12/2018MotionFiled Petitioner's Motion for Leave to File Supplemental Appendix and Reply in Support of Petition for Writ of Mandamus.18-40107
10/12/2018MotionFiled State's Opposition to Petitioner's Motion for Leave to File Supplemental Appendix and Reply in Support of Petition for Writ of Mandamus.18-40199
11/01/2018Order/ProceduralFiled Order Granting Motion. The clerk shall file the supplemental appendix received on October 12, 2018, and the reply received on October 18, 2018.18-42888
11/01/2018AppendixFiled Supplemental Appendix to Petition for Writ of Mandamus.18-42889
11/01/2018Petition/WritFiled Petitioner's Reply in Support of Petition for Writ of Mandamus.18-42890
11/09/2018MotionFiled Petitioner's Motion to Consolidate. Nos. 76417/76845/76947. (SC)18-903641
11/19/2018MotionFiled Petitioner's Motion to Associate Counsel. (SC)18-904717
11/21/2018Order/ProceduralFiled Order Granting Motion. These matters are hereby consolidated. Nos. 76417/76845/76947. (SC).18-905367
11/29/2018Order/ProceduralFiled Order Denying Motion. Attorney Nancy Lemcke has filed a motion to associate attorney Charles Gerstein as counsel of record for petitioner pursuant to SCR 42. The motion and associated exhibits indicate that Mr. Gerstein will associate with Nevada attorney Christy Craig. We deny the motion without prejudice because it was not filed or signed by Ms. Craig (docket no. 76417). Nos. 76417/76845/76947. (SC)18-906183
11/29/2018MotionFiled Petitioner's Motion to Associate Counsel. Nos. 76417/76845/76947(SC)18-906254
12/06/2018Order/ProceduralFiled Order Granting Motion to Associate and Application for Fee Waiver. Attorney Charles Gerstein of Civil Rights Corps shall be permitted to appear on behalf of petitioner in Docket No. 76417. Nevada attorney Christy L. Craig, of the Clark County Public Defender's Office, shall be responsible for all matters presented by Mr. Gerstein in this matter. Included with the motion to associate is an application for waiver of fee pursuant to SCR 42(3)(e). Cause appearing, the application is granted. Nos. 76417/76845/76947. (SC)18-907359
03/06/2019MotionFiled Petitioners' Motion to Expedite Adjudication of Habeas Mandamus Petitions. Nos. 76417/76845/76947. (SC)19-09967
03/18/2019Order/ProceduralFiled Order Granting Motion. The motion of petitioners in Docket Nos. 76417 and 76845 to expedite the resolution of their petitions is granted to the follow extent. These matters will be expedited to the extent this court's calendar permits. Nos. 76417/76845/76947 (SC).19-11826
06/04/2019Notice/IncomingFiled Real Party in Interest State of Nevada's Notice to the Court Regarding Federal Litigation. Nos. 76417/76845/76947. (SC)19-24268
06/07/2019Order/ProceduralFiled Order Scheduling Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues raised in these consolidated matters. Accordingly, oral argument is scheduled for Tuesday, July 2, 2019, at 11:30 a.m. in Carson City. Petitioners will be allotted 30 minutes for argument. The real parties in interest will be allotted 20 minutes for argument. The argument shall be limited to 50 minutes. Nos. 76417/76845/76947. (SC).19-24861
06/11/2019MotionFiled Petitioners' Emergency Motion to Reschedule Oral Argument. Nos. 76417, 76845 & 76947. (SC)19-25270
06/12/2019MotionFiled Real Party in Interest State of Nevada's Motion to Dismiss Petitioners Frye and Grace. Nos. 76417/76845/76947.(SC)19-25479
06/13/2019Order/ProceduralFiled Order Regarding Oral Argument. The argument currently scheduled for July 2, 2019, is vacated. As to petitioner Jose Valdez-Jimenez, oral argument is rescheduled for Wednesday, September 4, 2019, at 2:30 p.m. in Carson City. Petitioner and the real party in interest will each be allotted 30 minutes for argument. The argument shall be limited to 60 minutes. Nos. 76417/76845/76947. (SC)19-25610
06/18/2019MotionFiled Petitioners' Opposition to Motion to Dismiss. Case No. 76417 (76417/76845/76947). (SC)19-26379
06/18/2019MotionFiled Petitioners' Opposition to Motion to Dismiss. Case No. 76845 (76417/76845/76947). (SC)19-26383
06/18/2019MotionFiled Petitioners' Opposition to Motion to Dismiss. Case No. 76947 (76417/76845/76947). (SC)19-26385
06/21/2019MotionFiled Real Party in Interest's Reply to Opposition to Motion to Dismiss Petitioners Frye and Grace. Nos. 76417/76845/76947. (SC)19-26904
07/09/2019MotionFiled Petitioner's Motion to Associate Counsel (Olevia Boykin, Esq.) Nos. 76417/76845/76947. (SC)19-29110
07/09/2019MotionFiled Petitioner's Motion to Associate Counsel. (George Karakatsanis) Esq. Nos. 76417/76845/76947. (SC)19-29111
07/11/2019Notice/IncomingFiled Notice of Appearance (David H. Bashford of the law firm Bradley Arant Boult Cummings LLP as counsel for Amicus Curiae National Association of Pretrial Services Agencies, Pretrial Justice Institute, and National Association for Public Defense in Support of Petitioners). Nos. 76417/76845/76947. (SC)19-29532
07/15/2019MotionFiled National Association of Pretrial Services Agencies, Pretrial Justice Institute, and National Association for Public Defense's Motion for Leave to File Amici Curiae Brief. Nos. 76417/76845/76947. (DETACHED AMICUS BRIEF AND RETURNED UNFILED PER ORDER 7/24/19). (SC)19-29972
07/16/2019MotionFiled Real Party in Interest The State of Nevada's Opposition to Motion for Leave to File Amici Curiae Brief. Nos. 76417/76845/76947. (SC)19-30168
07/17/2019MotionFiled Real Party in Interest The State of Nevada's Motion to Dismiss Petitioner Valdez-Jimenez. Nos. 76417/76845/76947. (SC)19-30281
07/18/2019MotionFiled Amicus Curiae National Association of Pretrial Services Agencies, Pretrial Justice Institute, and National Association for Public Defense in Support of Petitioner's Motion To Associate Counsel. Nos. 76417/76845/76947. (SC)19-30422
07/18/2019MotionFiled Amended Amicus Curiae National Association of Pretrial Services Agencies, Pretrial Justice Institute, and National Association for Public Defense in Support of Petitioners Motion to Associate Counsel. (James Bradley Robertson, Candice Leigh Rucker and Rachel Ann Conry request permission to practice in Nevada). Nos. 76417/76845/76947. (SC)19-30472
07/22/2019Order/ProceduralFiled Order Granting in Part and Denying in Part Motions to Associate Counsel. Petitioner Jose Valdez-Jimenez has filed motions to associate attorneys Alec George Karakatsanis and Olevia Boykin of Civil Rights Corp in this matter pursuant to SCR 42. We grant the motion to associate Mr. Karakatsanis. The motion to associate Ms. Boykin is denied without prejudice to petitioner's right to file a motion to associate counsel that fully complies with SCR 42. Included with Mr. Karakatsanis' motion to associate is an application for waiver of fee pursuant to SCR 42(3)(e). The application is granted. Nos. 76417/76845/76947. (SC)19-30731
07/22/2019MotionFiled Petitioners' Opposition to Motion to Dismiss. Nos. 76417/76845/76947. (SC)19-30859
07/23/2019MotionFiled Petitioner's Response to Defendant's Opposition for Leave to File Amicus Curiae Brief. Nos. 76417/76845/76947. (SC)19-31023
07/23/2019MotionFiled National Association of Pretrial Services Agencies, Pretrial Justice Institute, and National Association for Public Defense's Reply in Support of Motion for Leave to File Brief of Amici Curiae. Nos. 76417/76845/76947. (SC)19-31072
07/24/2019Order/ProceduralFiled Order Denying Motion. The National Association of Pretrial Services Agencies, Pretrial Justice Institute, and National Association for Public Defense have filed an untimely motion for leave to file an amici brief. We deny the motion for leave to file an amici brief. Accordingly, the clerk of this court is directed to detach the brief from the motion filed on July 15, 2019, and return it unfiled. fn1[In light of our order, the motion to associate counsel filed on July 18, 2019, by the National Association of Pretrial Services Agencies, Pretrial Justice Institute, and National Association for Public Defense is denied.] Nos. 76417/76845/76947. (SC)19-31330
07/24/2019Order/ProceduralFiled Order. We direct the clerk of this court to deconsolidate Docket Nos. 76417, 76845, 76947. Nos. 76417/76845/76947. (SC)19-31332
07/24/2019Order/ProceduralFiled Order Granting Motion to Dismiss in Part and Scheduling Oral Argument. Because the issue of excessive bail is moot, we grant in part the State's motion to dismiss as to that issue. We defer ruling at this time on the State's motion to dismiss the other issues raised in the petitions. Oral argument for petitioner Jose Valdez-Jiminez has been scheduled for Wednesday, September 4, 2019, at 2:30 p.m. in Carson City. Oral argument for petitioner Aaron Willard Frye will also be held on that date at the same time and place. Both petitioners collectively will be allotted 30 minutes for argument, and the State will be allotted 30 minutes for argument, for a total of 60 minutes. Nos. 76417/76845. (SC)19-31352
07/25/2019MotionFiled Law Professors Motion for Leave of Court Pursuant to NRAP 29(f) for Later Filing of Amici Curiae Brief in Support of Petitioners' Consolidated Petitions for Writ of Mandamus. (SC) (DETACHED BRIEF FROM MOTION AND FILED SEPARATELY PER 08/01/19 ORDER).19-31490
07/25/2019MotionFiled Real Party in Interest State of Nevada's Reply to Opposition to Motion to Dismiss Petitioner Valdez-Jimenez. (SC)19-31503
07/25/2019BriefFiled Brief of Amicus Curiae of Social Scientists in Support of Petitioners. (SC)19-31555
07/25/2019MotionFiled Social Scientists Motion for Leave of Court Pursuant to NRAP 29(f) for Late Filing of Amici Curiae Brief in Support of Petitioners' Consolidated Petitions for Writ of Mandamus. (SC)19-31557
07/31/2019MotionFiled Real Party in Interest The State of Nevada's Opposition to Law Professor's and Social Scientists' Motions for Leave to File Amici Curiae Briefs. (SC)19-32207
07/31/2019MotionFiled Law Professors Reply in Support of Motion of National Law Professors to File Amicus Brief. (SC)19-32261
07/31/2019MotionFiled Social Scientists Reply to the State's (Real Party in Interest) Opposition to Social Scientists Motion for Leave to File Briefs of Amici Curiae. (SC)19-32310
08/01/2019Order/ProceduralFiled Order Granting Motions. The clerk shall detach the law professors' amicus brief from the motion filed on July 25, 2019, and file it separately. The social scientists' brief was filed on July 25, 2019. Real party in interest shall have 15 days from the date of this order to file and serve any responsive brief.19-32449
08/01/2019BriefFiled Law Professors Amici Curiae Brief in Support of Petitioners' Consolidated Petitions for Writ of Mandamus. (SC).19-32451
08/05/2019Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for Wednesday, September 4, 2019, at 2:30 p.m. in Carson City. Argument shall be limited to 60 minutes. (SC)19-32899
08/07/2019MotionFiled Petitioner's Motion to Associate Counsel. Nos. 76417/76845. (SC)19-33235
08/08/2019Order/ProceduralFiled Order Granting Motion. Petitioner Jose Valdez-Jimenez has filed a motion to associate Texas attorney Olevia Boykin with the Civil Rights Corps in Washington D.C. in this matter pursuant to SCR 42. We grant the motion to associate Ms. Boykin. Included with Ms. Boykin's motion to associate is an application for waiver of fee pursuant to SCR 42(3)(e). Cause appearing, the application is granted. (SC).19-33469
08/16/2019BriefFiled Real Party in Interest The State of Nevada's Response to Amicus Briefs of Social Scientists and Law Professors. (SC)19-34581
08/16/2019BriefFiled Real Party in Interest The State of Nevada's Response to Amicus Briefs of Social Scientists and law Professors (DUPLICATE FILING). (SC)
08/16/2019MotionFiled American Bail Coalition's Motion for Leave of Court Pursuant to NRAP 29 to File Amicus Curiae Brief in Support of the State of Nevada's Reply Brief to the Briefs of Amici Curiae Filed by The Law Professors of Criminal, Procedural, and Constitution Law and Social Scientists in Support of Petitioner. (SC) (DETACHED AMICUS BRIEF FROM MOTION AND FILED SEPARATELY PER 08/20/19 ORDER).19-34590
08/16/2019MotionFiled American Bail Coalition's Motion for Leave of Court Pursuant to NRAP 29 to File Amicus Curiae Brief in Support of the State of Nevada's Reply Brief to the Briefs of Amici Curiae Filed by The Law Professors of Criminal, Procedural, and Constitution Law and Social Scientists in Support of Petitioner. (DUPLICATE FILING). (SC)
08/19/2019MotionFiled Petitioners' Response to Prospective Amicus American Bail Coalition's Motion for Leave to File Amicus Brief. (SC)19-34764
08/20/2019Order/ProceduralFiled Order Granting Motion. Proposed amicus curiae American Bail Coalition (Coalition) has filed a motion requesting leave to file an amicus brief in support of real party in interest's reply brief to the briefs of amici curiae filed by Law Professors and Social Scientists. The motion is granted. The clerk of this court shall detach the Coalition's amicus brief from the motion filed on August 16, 2019, and shall file it separately in these matters. Petitioners shall have until August 28, 2019, to file and serve any responsive brief. Nos. 76417/76845. (SC).19-34903
08/20/2019BriefFiled Brief of Amicus Curiae American Bail Coalition in Support of Real Party in Interest, The State of Nevada's Response Brief to the Briefs of Amici Curiae Filed by the Law Professors of Criminal, Procedural, and Constitutional Law and Social Scientists in Support of Petitioners. (SC).19-34904
08/21/2019Notice/OutgoingIssued Oral Argument Reminder Notice (SC).19-35013
08/28/2019Notice/IncomingFiled Petitioners' Response to the For Profit Bail Industry's Amicus Brief. Nos. 76417/76845. (SC)19-35974
08/28/2019Order/ProceduralFiled Order Regarding Oral Argument. These matters are scheduled for oral argument on September 4, 2019, at 2:30 p.m. To accommodate this court's calendar, oral argument is scheduled for September 4, 2019, at 1:30 p.m. in Carson City. These matters are consolidated for the purposes of oral argument only. Oral argument shall be limited to 60 minutes. Nos. 76417/76845. (SC)19-35990
09/03/2019MotionFiled Riley Snyder of The Nevada Independent/Las Vegas requesting a computer and a recording device in the courtroom. Nos. 76417/76845.(SC)19-36804
09/04/2019Order/ProceduralFiled Order Granting Media Request. A request having been made by Riley Snyder of The Nevada Independent seeking access to the Supreme Court of Nevada oral arguments for the purpose of photographic or electronic coverage of the hearing to be held September 4, 2019, beginning at 1:30 p.m., in the above-entitled matter; permission is granted for photographic or electronic media coverage for the court proceedings. Riley Snyder of The Nevada Independent is designated as pool coordinator. All equipment necessary to allow for such photographic or electronic coverage shall be placed in the courtroom before 1:30 p.m. Nos. 76417/76845. (SC)19-36871
09/04/2019Case Status UpdateOral argument held this day. Case submitted for decision. Before En Banc. (SC)
04/09/2020Opinion/DispositionalFiled Authored Opinion. "Petitions denied." We elect to consolidate these petitions for disposition. Before the Court En Banc. Author: Hardesty, J. Majority: Gibbons/Parraguirre/Stiglich/Cadish/Silver. Concurring in part and dissenting in part: Pickering, C.J. 136 Nev. Adv. Opn. No. 20. EN BANC. Nos. 76417/76845. (SC).20-13452
05/04/2020RemittiturIssued Notice in Lieu of Remittitur. (SC)20-16761
05/04/2020Case Status UpdateNotice in Lieu of Remittitur Issued/Case Closed. (SC)