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Case Information: 80255
Short Caption:GARCIA (EVARISTO) VS. DIRECTORCourt:Supreme Court
Related Case(s):64221, 71525, 71525-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - A791171, C262966Classification:Criminal Appeal - Life - Post-Conviction
Disqualifications:SilverCase Status:Remittitur Issued/Case Closed
Replacement:None for Justice SilverPanel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/16/2022 at 1:30 PMOral Argument Location:Las Vegas
Submission Date:02/16/2022How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/19/2019Filing FeeAppeal Filing Fee Waived. Criminal. (SC)
12/19/2019Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) (UNSEALED PER 02/27/20 ORDER).19-52557
12/20/2019MotionFiled Appellant's Motion to Stay the Briefing Schedule. (SC)19-51530
01/02/2020Transcript RequestFiled Certificate That No Transcript is Being Requested. (SC)20-00057
01/09/2020Docketing StatementFiled Docketing Statement Criminal Appeals. (SC)20-01131
01/16/2020Order/ProceduralFiled Order Regarding Motion. Appellant's Status Report due: 30 days. The briefing in this appeal is suspended pending further order of this court. (SC).20-02117
02/14/2020Notice/IncomingFiled Appellant's Status Report. (SC)20-06245
02/14/2020MotionFiled Appellant's Motion to Unseal. (SC)20-06246
02/27/2020Order/ProceduralFiled Order. Appellant's motion to unseal the record and documents in this appeal is granted. The clerk of this court shall unseal the documents filed under seal with this court. Appellant's unopposed request to continue holding this appeal in abeyance until the district court rules on appellant's motion to alter or amend the judgment is granted. Appellant's Status Report due: 30 days. Briefing shall remain suspended pending further order of this court. (SC).20-07849
03/05/2020Order/IncomingFiled District court order. Certified copy of order filed in district court on 03/02/20 Order on Motion to Alter or Amend the Judgment Pursuant to Nev. R. Civ. P. 59(e). (SC)20-08764
03/16/2020Order/ProceduralFiled Order. Appellant's Status Report due: 14 days. (SC).20-10271
03/20/2020MotionFiled Appellant's Motion to Remand (NRAP 12A) (REJECTED PER NOTICE ISSUED 03/20/20). (SC)
03/20/2020Notice/OutgoingIssued Notice of Rejection of Filed Document. (SC)20-11000
03/20/2020AppendixFiled Appellant's Supplemental Index of Exhibits in Support of Motion to Remand. (SC)20-10964
03/20/2020MotionFiled Appellant's Motion to Remand (NRAP 12A). (SC).20-11023
04/10/2020Order/ProceduralFiled Order of Limited Remand. This appeal is remanded to the district court for the limited purpose of allowing the district court to hold an evidentiary hearing and to enter its order. The district court shall have 30 days from the date of this order to enter its written decision and to transmit a certified copy of that decision to this court. The briefing schedule remains suspended pending further order of this court. (SC).20-13641
04/15/2020Notice/IncomingFiled Notice Regarding Order of Limited Remand dated April 10, 2020. (SC)20-14178
08/13/2020Order/ProceduralFiled Order. The district court shall have 14 days from the date of this order to transmit to this court its order resolving the motion to alter or amend the judgment, or otherwise inform this court of the status of the proceedings. (SC)20-29873
08/13/2020Order/IncomingFiled Evidentiary Hearing has been re-scheduled for September 21, 2020. We will submit the requested order as soon as possible thereafter. (SC)20-29963
08/25/2020Notice of Appeal DocumentsFiled District Court Minutes. (SC)20-31351
11/30/2020Order/IncomingFiled District court order. Certified copy of order filed in district court on November 18, 2020. Findings of Fact, Conclusions of Law and Order. (SC)20-43315
12/18/2020Notice/IncomingFiled Notice of Substitution of Attorney (Amelia L. Bizzaro, Assistant Federal Public Defender replacing S. Alex Spelman, Assistant Federal Public Defender for appellant). (SC)20-45898
12/18/2020Notice/IncomingFiled Notice that the District Court's Prior Findings of Fact, Conclusions of Law, and Order have been Rescinded. (SC)20-45900
12/21/2020Order/IncomingFiled Certified copy of order filed in district court on December 21, 2020. (SC)20-46089
12/31/2020Order/ProceduralFiled Order. The district court shall have 30 days from the date of this order to transmit to the clerk of this court the final order resolving the matters pending on remand. The briefing schedule in this appeal shall remain suspended pending further order of this court. (SC)20-47032
01/25/2021Order/IncomingFiled District court order. Certified copy of order filed in district court on January 20, 2021. Findings of Fact, Conclusions of Law, and Order. (SC)21-02241
02/01/2021Order/ProceduralFiled Order Reinstating Briefing. Appellant's Opening Brief and Appendix due: 60 days. (SC)21-03032
02/03/2021Notice of Appeal DocumentsFiled Notice of Appeal/Amended/Supplemental. (SC)21-03352
04/02/2021MotionFiled Appellant's Motion for Extension of Time to File Opening Brief. (SC)21-09669
04/09/2021Order/ProceduralFiled Order Granting Motion. Appellant's Opening Brief and Appendix due: May 3, 2021. (SC)21-10311
04/12/2021Notice/IncomingFiled Appellant's Notice of Appearance for Emma L. Smith as Co-Counsel. (SC)21-10376
05/03/2021BriefFiled Appellant's Opening Brief. (SC)21-12678
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 1 of 10. (SC)21-12679
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 2 of 10. (SC)21-12680
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 3 of 10. (SC)21-12681
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 4 of 10. (SC)21-12682
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 5 of 10. (SC)21-12683
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 6 of 10. (SC)21-12685
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 7 of 10. (SC)21-12686
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 8 of 10. (SC)21-12687
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 9 of 10. (SC)21-12689
05/03/2021AppendixFiled Appellant's Appendix in Support of Brief - Volume 10 of 10. (SC)21-12690
06/02/2021Notice/IncomingFiled Notice of Appearance (Karen Mishler, Chief Deputy District Attorney as counsel for Respondent). (SC)21-15676
06/02/2021MotionFiled Respondent's Motion for Enlargement of Time (Answering Brief). (SC)21-15677
06/04/2021Order/ProceduralFiled Order Granting Motion. Respondent shall have until July 2, 2021, to file and serve the answering brief. (SC)21-15983
07/02/2021BriefFiled Respondent's Answering Brief. (SC)21-19060
08/02/2021MotionFiled Appellant's Unopposed Motion for Extension of Time to File Reply Brief. (SC)21-22356
08/02/2021Notice/OutgoingIssued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: September 1, 2021. (SC)21-22379
08/31/2021BriefFiled Petitioner-Appellant's Reply Brief. (SC)21-25357
08/31/2021Case Status UpdateBriefing Completed/Submitted For Decision. (SC)
10/07/2021OtherJustice Abbi Silver disqualified from participation in this matter. Disqualification Reason: Sat in District Court Proceedings
01/05/2022Order/ProceduralFiled Order Scheduling Oral Argument. This court has determined that oral argument would be of assistance in resolving the issues presented in this matter. Accordingly, oral argument is scheduled for February 16, 2022, at 1:30 p.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC)22-00405
02/01/2022Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)22-03288
02/16/2022Case Status UpdateOral argument held this day. Case submitted for decision. Before the Southern Nevada Panel JH/LS/DH (SC)
03/31/2022Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP22 - JH/LS/DH. (SC)22-10042
04/15/2022Filing FeeRehearing Filing fee waived. Criminal. (SC)
04/15/2022Post-Judgment PetitionFiled Appellant's Petition for Rehearing. (SC)22-12029
04/25/2022Post-Judgment OrderFiled Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC)22-13038
05/09/2022Post-Judgment PetitionFiled Appellant's Petition for En Banc Reconsideration. (SC)22-14714
05/25/2022Post-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." Fn1 [The Honorable Abbi Silver, Justice, did not participate in the decision of this matter.] EN BANC. (SC)22-16594
06/20/2022RemittiturIssued Remittitur. (SC)22-19364
06/20/2022Case Status UpdateRemittitur Issued/Case Closed. (SC)
07/14/2022RemittiturFiled Remittitur. Received by District Court Clerk on June 28, 2022. (SC)22-19364