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Case Information: 78152
Short Caption:GONZALES (MELVIN) VS. STATECourt:Supreme Court
Related Case(s):65768, 78152-COA
Lower Court Case(s):Humboldt Co. - Sixth Judicial District - CV 20574Classification:Criminal Appeal - Other - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/01/2021 at 10:00 AMOral Argument Location:Carson City
Submission Date:02/01/2021How Submitted:After Oral Argument

+ Party Information

Docket Entries
02/20/2019Filing FeeAppeal Filing Fee Waived. Criminal. (SC)
02/20/2019Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement and Notice of Briefing Schedule mailed to counsel for appellant.) (SC)19-07959
03/08/2019Docketing StatementFiled Docketing Statement Criminal Appeals. (SC)19-10500
03/25/2019Notice/OutgoingIssued Notice to Request Transcripts. Due date: 10 days. (SC)19-13174
03/29/2019Transcript RequestFiled Certificate of No Transcript Request. (SC)19-14019
06/10/2019MotionFiled Appellant's Motion for Clerk of District Court to Transmit Presentence Investigation Report. (SC)19-24959
06/10/2019Notice of Appeal DocumentsFiled Case Appeal Statement. (SC)19-24960
06/10/2019BriefFiled Appellant's Opening Brief. (SC)19-25090
06/10/2019AppendixFiled Appendix to Opening Brief (CD-ROM included) Volumes 1-2. (SC)19-25094
06/19/2019Order/ProceduralFiled Order Denying Motion. Appellant has filed a motion to direct the district court clerk to transmit a copy of the presentence investigation report in this matter. The motion is denied. (SC)19-26491
07/11/2019Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Respondent's Answering Brief due: July 24, 2019. (SC).19-29427
07/24/2019BriefFiled Respondent's Answering Brief (REJECTED PER NOTICE ISSUED ON 07/25/19). (SC)
07/25/2019Notice/OutgoingIssued Notice of Deficient Brief. Corrected Answering Brief due: 5 days. (SC)19-31390
07/30/2019BriefFiled Respondent's Answering Brief. (SC)19-32052
08/27/2019BriefFiled Appellant's Reply Brief. (SC)19-35808
08/27/2019BriefFiled Appellant's Corrected Reply Brief. (SC)19-35833
08/27/2019Case Status UpdateBriefing Completed/Submitted For Decision. (SC)
10/28/2019MotionFiled Appellant's Renewed Motion for District Court to Transmit Presentence Investigation Report. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 11/21/19 NOTICE).19-44257
11/21/2019Notice/OutgoingIssued Notice of Transfer Case to Court of Appeals. (SC).19-47749
11/21/2019Case Status UpdateTransferred to Court of Appeals. (SC).
10/01/2020Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court of Appeals. Majority: Gibbons/Tao/Bulla. 136 Nev. Adv. Opn. No. 60. Court of Appeals-MG/JT/BB. (SC).
10/18/2020Post-Judgment PetitionFiled Appellant's Petition for Review. (SC)20-38206
10/19/2020Case Status UpdateTransferred from Court of Appeals. (SC)
10/26/2020Notice/IncomingFiled Notice of Appearance for Charles L. Finlayson, he intends to appear in this matter as Amicus Curiae. (SC)20-39162
10/26/2020MotionFiled Motion to Extend Time to File Amicus Curiae Brief on Behalf of the Nevada Attorney General. (SC)20-39166
10/28/2020MotionFiled Motion to Extend Time to File a Request for Leave to File an Amicus Curiae Brief on Behalf of the Nevada Attorney's for Criminal Justice in Support of Appellant. (SC)20-39441
11/10/2020Order/ProceduralFiled Order Directing Answer to Petition for Review and Granting Motions of Amici Curiae. Respondent's Answer to the Petition for Review due: 14 days. Amicus Curiae The Nevada Attorney General's Amicus Brief due: 30 days; Amicus Curiae Nevada Attorneys for Criminal Justice's Amicus Brief due: November 25, 2020. Appellant may file and serve a brief in response to the Nevada Attorney General's and the NACJ's amici curiae briefs within 14 days from service of the last amicus curiae brief filed. (SC).20-41057
11/25/2020BriefFiled Amicus Brief of Nevada Attorneys for Criminal Justice In Support of Appellant. (SC).20-43020
11/25/2020BriefFiled Amicus Brief of The Nevada Attorney General's Office (Supports Neither Party). (SC).20-43024
12/16/2020BriefFiled Respondent's Answering Brief to Appellant's Petition for Review By the Nevada Supreme Court of the Order of the Court of Appeals Pursuant to NRAP 40(B) and Respondent's Reply to Amicus Brief. (SC)20-45640
12/29/2020BriefFiled Appellant's Reply Brief. (SC)20-46866
12/29/2020Notice/IncomingFiled Proof of Service Certificate of Service Appellant's Reply Brief. (SC)20-46870
01/08/2021Post-Judgment OrderFiled Order Granting Petition for Review and Vacating Court of Appeals Decision. The Court of Appeals opinion affirming a district court judgment filed on October 1, 2020, is vacated. EN BANC21-00528
01/08/2021Order/ProceduralFiled Order Scheduling Oral Argument. This matter is scheduled for oral argument on February 1, 2021, at 10:00 a.m. The argument will be videoconferenced. The argument shall be limited to 30 minutes. The court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the oral argument by teleconference, which will require counsel to have immediate access to a landline phone connection. Within 7 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of the attorney(s). The notice may be emailed to the court at The attorneys will be required to schedule a session with the Clerk of the Court to test capabilities of the connection and video equipment approximately one week prior to argument. (SC)21-00529
01/11/2021Notice/IncomingFiled Notice of Appearance for Nevada Attorneys for Criminal Justice, for Ellesse D. Henderson. (SC)21-00833
01/11/2021MotionFiled Motion for Amicus Curiae Nevada Attorneys for Criminal Justice to Participate in Oral Argument. (SC)21-00835
01/14/2021Notice/IncomingFiled Appellant's Notice of Counsel as to who will argue for Oral Argument. (SC)21-01227
01/15/2021Order/ProceduralFiled Order Granting Motion. Nevada Attorneys for Criminal Justice (NACJ), amicus curiae in this appeal, has moved this court for permission to participate in the oral argument currently scheduled for February 1, 2021. Cause appearing, the motion is granted. In addition to the 30 minutes previously allotted to parties, NACJ shall have 5 minutes to present oral arguments respecting the position of amicus. The State shall have an additional 5 minutes to respond to the arguments of amicus. The oral argument shall now be limited to a total of 40 minutes. (SC)21-01386
01/15/2021Notice/IncomingFiled Notice of Counsel Who Will Argue The Case. Assistant Federal Public Defender Ellesse D. Henderson will argue the case scheduled for February 1, 2021, on behalf of Amicus Curiae Nevada Attorneys for Criminal Justice. (SC)21-01502
01/15/2021Notice/IncomingFiled Respondent's Notice that Anthony R. Gordon will argue this Case. (SC)21-01551
01/20/2021Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)21-01651
02/01/2021Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court. 78152. (SC)
07/29/2021Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded with instructions." Before the Court En Banc. Author: Stiglich, J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Silver/Pickering/Herndon. 137 Nev. Adv. Opn. No. 40. En Banc. (SC).21-21982
08/23/2021RemittiturIssued Remittitur. (SC).21-24417
08/23/2021Case Status UpdateRemittitur Issued/Case Closed. (SC).
09/07/2021RemittiturFiled Remittitur. Received by County Clerk on August 24, 2021. (SC)21-24417