77002: Case View

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Case Information: 77002
Short Caption:	CHAPPELL (JAMES) VS. STATE (DEATH PENALTY-PC)	Court:	Supreme Court
		Related Case(s):	29884, 43493, 49478, 61967
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C131341	Classification:	Criminal Appeal - Death Penalty - Post-Conviction
Disqualifications:	Douglas, Herndon, Silver	Case Status:	Remittitur Issued/Case Closed
Replacement:	None for Justice Herndon	Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:	01/07/2021	How Submitted:	On Record And Briefs

+ Party Information
Role	Party Name	Represented By
Amicus Curiae	Nevada Attorneys for Criminal Justice	Deborah L. Westbrook (Clark County Public Defender)
Appellant	James Montell Chappell	Ellesse D. Henderson (Federal Public Defender/Las Vegas) Bradley D. Levenson (Federal Public Defender/Las Vegas) Rene L. Valladares (Federal Public Defender/Las Vegas) Scott Wisniewski (Federal Public Defender/Las Vegas)
Respondent	The State of Nevada	Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City) Karen L. Mishler (Clark County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
09/21/2018	Filing Fee	Appeal Filing Fee Waived. Criminal.
09/21/2018	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)		18-37012
09/21/2018	Other	Chief Justice Michael L Douglas disqualified from participation in this matter. Disqualification Reason: Parties.
10/04/2018	Transcript Request	Filed Certificate of No Transcript Request (Certification Under NRAP 9(A)).		18-38915
10/11/2018	Docketing Statement	Filed Docketing Statement Criminal Appeals.		18-39878
01/16/2019	Motion	Filed Appellant's Request For Extension Of Time Within Which To File Appellant's Opening Brief. (SC)		19-02539
01/31/2019	Order/Procedural	Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: April 22, 2019. (SC).		19-04760
02/06/2019	Other	Justice Abbi Silver disqualified from participation in this matter. (SC)
04/22/2019	Motion	Filed Appellant's Request For Extension Of Time Within Which To File Appellant's Opening Brief (Second Request). (SC)		19-17573
04/25/2019	Order/Procedural	Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: May 2, 2019. (SC)		19-18292
05/02/2019	Brief	Filed Appellant's Opening Brief. (SC)		19-19239
05/02/2019	Appendix	Filed Appellant's Appendix Volume 1. (SC)		19-19241
05/02/2019	Appendix	Filed Appellant's Appendix Volume 2. (SC)		19-19243
05/02/2019	Appendix	Filed Appellant's Appendix Volume 3. (SC)		19-19244
05/02/2019	Appendix	Filed Appellant's Appendix Volume 4. (SC)		19-19245
05/02/2019	Appendix	Filed Appellant's Appendix Volume 5. (SC)		19-19246
05/02/2019	Appendix	Filed Appellant's Appendix Volume 6. (SC)		19-19247
05/02/2019	Appendix	Filed Appellant's Appendix Volume 7. (SC)		19-19248
05/02/2019	Appendix	Filed Appellant's Appendix Volume 8. (SC)		19-19249
05/02/2019	Appendix	Filed Appellant's Appendix Volume 9. (SC)		19-19250
05/02/2019	Appendix	Filed Appellant's Appendix Volume 10. (SC)		19-19252
05/02/2019	Appendix	Filed Appellant's Appendix Volume 11. (SC)		19-19254
05/02/2019	Appendix	Filed Appellant's Appendix Volume 12. (SC)		19-19255
05/02/2019	Appendix	Filed Appellant's Appendix Volume 13. (SC)		19-19258
05/02/2019	Appendix	Filed Appellant's Appendix Volume 14. (SC)		19-19260
05/02/2019	Appendix	Filed Appellant's Appendix Volume 15. (SC)		19-19262
05/02/2019	Appendix	Filed Appellant's Appendix Volume 16. (SC)		19-19266
05/02/2019	Appendix	Filed Appellant's Appendix Volume 17. (SC)		19-19268
05/02/2019	Appendix	Filed Appellant's Appendix Volume 18. (SC)		19-19269
05/02/2019	Appendix	Filed Appellant's Appendix Volume 19. (SC)		19-19271
05/02/2019	Appendix	Filed Appellant's Appendix Volume 20. (SC)		19-19272
05/02/2019	Appendix	Filed Appellant's Appendix Volume 21. (SC)		19-19274
05/02/2019	Appendix	Filed Appellant's Appendix Volume 22. (SC)		19-19278
05/02/2019	Appendix	Filed Appellant's Appendix Volume 23. (SC)		19-19280
05/02/2019	Appendix	Filed Appellant's Appendix Volume 24. (SC)		19-19281
05/02/2019	Appendix	Filed Appellant's Appendix Volume 25. (SC)		19-19283
05/02/2019	Appendix	Filed Appellant's Appendix Volume 26. (SC)		19-19284
05/02/2019	Appendix	Filed Appellant's Appendix Volume 27. (SC)		19-19285
05/02/2019	Appendix	Filed Appellant's Appendix Volume 28. (SC)		19-19288
05/02/2019	Appendix	Filed Appellant's Appendix Volume 29. (SC)		19-19289
05/02/2019	Appendix	Filed Appellant's Appendix Volume 30. (SC)		19-19291
05/02/2019	Appendix	Filed Appellant's Appendix Volume 31. (SC)		19-19292
06/03/2019	Motion	Filed Respondent's Motion for Enlargement of Time (Answering Brief). (SC)		19-23877
06/19/2019	Order/Procedural	Filed Order Granting Motion. Respondent shall have until August 2, 2019, to file and serve the answering brief. (SC)		19-26486
08/02/2019	Motion	Filed Respondent's Motion for Enlargement of Time - Second Request (Answering Brief). (SC)		19-32659
08/14/2019	Order/Procedural	Filed Order Granting Motion. Respondent's Answering Brief due: October 1, 2019. (SC).		19-34158
09/30/2019	Brief	Filed Respondent's Answering Brief. (SC)		19-40419
10/29/2019	Motion	Filed Request For Extension Of Time Within Which To File Appellant's Reply Brief. (SC)		19-44446
11/07/2019	Order/Procedural	Filed Order Granting Motion. Appellant shall have until December 30, 2019, to file and serve the reply brief. (SC)		19-45787
12/27/2019	Brief	Filed Appellant's Reply Brief. (SC)		19-52209
12/27/2019	Appendix	Filed Appellant's Reply Appendix Volume 1 of 1. (SC)		19-52210
12/27/2019	Case Status Update	Briefing Completed. (SC)
12/29/2020	Other	Justice Douglas W. Herndon disqualified from participation in this matter. Disqualification Reason: Sat in District Court Proceedings
01/07/2021	Order/Procedural	Filed Order Submitting for Decision Without Oral Argument. (SC)		21-00379
12/30/2021	Opinion/Dispositional	Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Cadish, J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Pickering. fn1 [The Honorable Abbi Silver, Justice, and Honorable Douglas W. Herndon, Justice, did not participate in the decision of this matter.] 137 Nev. Adv. Opn. No. 83. En Banc. (SC)		21-37157
01/14/2022	Motion	Filed Appellant's Motion to Extend Time to file Petition for Rehearing. (SC)		22-01523
01/19/2022	Order/Procedural	Filed Order Granting Motion. Appellant shall have until February 17, 2022, to file and serve a petition for rehearing. If no petition for rehearing is timely filed, the clerk of this court shall issue the remittitur. (SC)		22-01876
02/17/2022	Notice/Incoming	Filed Appellant's Notice Request Judicial Notice of Court Records. (REJECTED PER NOTICE FILED ON 2/17/22) (SC)
02/17/2022	Post-Judgment Petition	Filed Appellant's Petition for Rehearing. (REJECTED PER NOTICE FILED ON 2/17/22) (SC)
02/17/2022	Filing Fee	Rehearing Filing fee waived. (SC)
02/17/2022	Notice/Outgoing	Issued Notice of Rejection - Appellant's Notice Request Judicial Notice of Court Records and Petition for Rehearing. (No Notice of Appearance for Attorney David Anthony.) (SC)		22-05358
02/17/2022	Notice/Incoming	Filed Appellant's Request to Take Judicial Notice of Court Records. (SC)		22-05385
02/17/2022	Post-Judgment Petition	Filed Appellant's Petition for Rehearing. (SC)		22-05387
02/17/2022	Filing Fee	Rehearing Filing fee waived. (SC)
02/22/2022	Notice/Incoming	Filed Notice of Appearance for Amicus Curiae (Nevada Attorneys for Criminal Justice.) (SC)		22-05816
02/22/2022	Motion	Filed Motion for Permission to File Amicus Curiae Brief. (SC)		22-05817
02/22/2022	Brief	Filed Brief of Amicus Curiae Nevada Attorneys for Criminal Justice, In Support of Appellant's Petition for Rehearing. (SC)		22-05819
02/28/2022	Order/Procedural	Filed Order Directing Answer to Petition for Rehearing. Respondent's Answer due: 14 days. (SC)		22-06395
03/10/2022	Order/Procedural	Filed Order Granting Motions. Appellant has filed a motion for this court to take judicial notice of a different matter that involves the same issues present in the instant appeal in order to demonstrate to this court how the postconviction issues in this appeal play out. The motion is granted. However, upon consideration of the merits, this court will disregard any information that is determined to be inappropriate for consideration. Proposed amicus curiae, Nevada Attorneys for Criminal Justice (NACJ), have filed a motion for leave to file an amicus brief in support of appellant's petition for rehearing. The motion is granted. The amicus brief was filed on February 22, 2022. (SC).		22-07757
03/11/2022	Notice/Incoming	Filed Respondent's Notice of Appearance for Karen L. Mishler. (SC)		22-07851
03/11/2022	Post-Judgment Petition	Filed Respondent's Answer to Petition for Rehearing. (SC)		22-07852
03/24/2022	Post-Judgment Order	Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1[Justice Abbi Silver and Justice Douglas Herndon did not participate in the decision of this matter.] (SC)		22-09198
03/28/2022	Motion	Filed Appellant's Motion for Stay of Remittitur Pending Filing of Petition for Writ of Certiorari. (SC)		22-09547
04/05/2022	Order/Procedural	Filed Order Granting Motion to Stay Issuance of Remittitur. Appellant has now filed a motion to stay issuance of the remittitur pending consideration of filing a writ of certiorari with the United States Supreme Court. The motion is granted. Issuance of the remittitur is hereby stayed until August 16, 2022. If the clerk of this court receives written notice by August 16, 2022, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by August 16, 2022, the clerk shall issue the remittitur. (SC)		22-10528
06/21/2022	Notice/Incoming	Filed Notice of an Application for an Extension of Time to File Petition for a Writ of Certiorari until August 20, 2022. (SC)		22-19610
06/28/2022	Order/Procedural	Filed Order. Appellant has filed a notice informing this court that the time for filing the petition has been extended to August 20, 2022. Accordingly, the stay of the issuance of the remittitur is hereby extended until September 6, 2022. . If the clerk of this court receives written notice by September 6, 2022, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by September 6, 2022, the clerk shall issue the remittitur. (SC)		22-20383
08/25/2022	Notice/Incoming	Filed Notice from US Supreme Court/Certiorari Filed. A petition for a writ of certiorari was filed on August 18, 2022 and placed on the docket as Case No. 22-5416. (SC)		22-26613
11/08/2022	Notice/Incoming	Filed Notice from US Supreme Court/Certiorari Denied. The petition for a writ of certiorari is denied. (SC).		22-35188
11/08/2022	Remittitur	Issued Remittitur. (SC).		22-35192
11/08/2022	Case Status Update	Remittitur Issued/Case Closed. (SC).
11/30/2022	Remittitur	Filed Remittitur. Received by District Court Clerk on November 14, 2022. (SC)		22-35192

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