Case Information: 82249
Short Caption:	STATE VS. DIST. CT. (MOLEN (MATTHEW)) C/W 82236	Court:	Supreme Court
Consolidated:	82236*, 82249
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C348754	Classification:	Original Proceeding - Criminal - Mandamus/Prohibition
Disqualifications:		Case Status:	Notice in Lieu of Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:	09/09/2021	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Petitioner	The State of Nevada	Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City)
Real Party in Interest	Matthew Haney Molen	Craig A. Mueller (Mueller & Associates)
Respondent	Carli Lynn Kierny
Respondent	The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark

Docket Entries
Date	Type	Description	Pending?	Document
12/22/2020	Filing Fee	Petition Filing Fee Waived. Criminal. (SC)
12/22/2020	Petition/Writ	Filed Petition for Writ of Mandamus or, in the Alternative, Prohibition. (SC)		20-46235
12/22/2020	Motion	Filed Motion for Stay of District Court Order Under NRAP 8(a). (SC)		20-46236
12/31/2020	Order/Procedural	Filed Order Directing Petitioner to File Appendix, Directing Answer, and Granting Motion for Stay. Petitioner shall obtain from the respondent district court judge a written order memorializing its ruling on the motion for clarification and, within 14 days from the date of this order, file and serve an appendix containing a copy of the district court's written orders and all other parts of the record necessary for this court's consideration of the writ petition. Real Party in Interest's answer due: 28 days from the date that petitioner serves its appendix. Petitioner shall have 14 days from service of the answer to file and serve any reply. (SC)		20-47080
01/14/2021	Appendix	Filed Petitioner's Appendix. (SC)		21-01186
01/19/2021	Motion	Filed Nevada Legislature's Motion for Extension of Time to File Amicus Curiae Brief and to Exceed Word Limit for Such Brief in Cases Nos. 82236 and 82249 and Suggestion for Consolidation and En Banc Consideration of the Cases. (SC)		21-01559
01/29/2021	Motion	Filed Real Party in Interest's Motion for Extension of Time. (Answer to Petitioner's Petition For Writ Of Mandamus Or, In The Alternative, Prohibition). (SC)		21-02824
02/08/2021	Order/Procedural	Filed Order. The Nevada Legislature has filed motions for extensions of time to file briefs of amicus curiae, for leave to file amicus briefs that exceed the 7,000-word limitation by 7,000 words, to consolidate these matters, and for en banc consideration of these matters. The requests for consolidation and en banc consideration are granted. These matters are hereby consolidated and will be heard by the en banc court. The requests for extensions of time to file briefs of amicus curiae are granted to the following extent. The Legislature's Amicus Brief due: 7 days. Real parties in interest shall have 28 days from the date of service of the amicus briefs to file and serve a single answer, including any response to the amicus brief. Real parties in interest's motions for extensions of time to file their answers are denied as moot. The request to file amicus briefs in excess of the type-volume limitation are denied without prejudice because the Legislature has not provided copies of the proposed briefs. Nos. 82236/82249. (SC).		21-03780
02/16/2021	Brief	Filed Nevada Legislature's Amicus Curiae Brief Supporting Reversal of the District Court's Interpretation and Application of the Separation-of-Powers Provision. Nos. 82236/82249. (STRICKEN PER ORDER 3/15/21). (SC)
02/17/2021	Motion	Filed Motion for Excess Pages Nevada Legislature's Motion to Exceed Word Limit in NRAP 21(d) for its Amicus Curiae Brief. Nos. 82236/82249 (SC)		21-04591
02/23/2021	Motion	Filed Real Parties in Interest's Opposition to Nevada Legislature's Motion to Exceed Word Limit in NRAP 21(d) For Amicus Curiae Brief. Nos. 82236/82249 (SC)		21-05377
03/02/2021	Motion	Filed Nevada Legislature's Reply in Support of Motion to Exceed the Word Limit in NRAP 21(d) for its Amicus Curiae Brief. Nos. 82236/82249 (SC)		21-06187
03/15/2021	Order/Procedural	Filed Order Granting Motion in Part. The clerk shall strike the amicus brief filed on February 16, 2021. The Legislature shall have 7 days from the date of this order to refile its amicus brief without the argument presented in section three. Nos. 82236/82249. (SC)		21-07467
03/19/2021	Brief	Filed Nevada Legislature's Amicus Curiae Brief Supporting Reversal of the District Court's Interpretation and Application of the Separation-of-Powers Provision in Article 3, Section 1 of the Nevada Constitution. Nos. 82236/82249. (SC)		21-08072
04/16/2021	Petition/Writ	Filed Real Parties in Interest's Answer to Petition for Writ of Mandamus. Nos. 82236/82249 (SC)		21-11105
04/22/2021	Notice/Incoming	Filed Notice of Appearance for Deborah L. Westbrook. Nos. 82236/82249. (SC)		21-11617
04/22/2021	Motion	Filed Motion for Leave to File Amicus Curiae Brief in Excess of Type-Volume Limitations. Nos. 82236/82249 (SC)		21-11618
04/22/2021	Brief	Filed Amicus Curiae Clark County Public Defender, Clark County Special Public Defender and NACJ in Support of Real Parties in Interest. Nos. 82236/82249 (SC)		21-11620
05/06/2021	Order/Procedural	Filed Order Granting Motion. The Clark County Public Defender (CCPD), Clark County Special Public Defender (SPD), and Nevada Attorneys for Criminal Justice (NACJ), have filed an unopposed motion for leave to file a brief of amicus curiae and to file an amicus brief in excess of the type-volume limitation. The motion is granted. The brief of amicus curiae was filed on April 22, 2021. The clerk shall add Deborah L. Westbrook as counsel of record for the CCPD, the SPD, and the NACJ. Petitioner shall have 14 days from the date of this order to file and serve any reply in support of the petitions. Nos. 82236/82249. (SC)		21-13016
05/19/2021	Petition/Writ	Filed Petitioner's Reply to Oppositions to Petition for Writ of Mandamus. Nos. 82236/82249 (SC)		21-14467
08/03/2021	Order/Procedural	Filed Order Scheduling Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter is scheduled for oral argument on September 9, 2021, at 1:30 p.m. in Las Vegas. The argument shall be limited to 60 minutes. Nos. 82236/82249 (SC)		21-22481
08/05/2021	Motion	Filed Motion for Amici Clark County Public Defender, Clark County Special Public Defender, and Nevada Attorneys for Criminal Justice to Participate in Oral Argument. Nos. 82236/82249. (SC)		21-22722
08/05/2021	Motion	Filed Motion for Amici Clark County Public Defender, Clark County Special Public Defender, and Nevada Attorneys for Criminal Justice to Participate in Oral Argument. Nos. 82236/82249. (SC)		21-22723
08/06/2021	Motion	Filed Nevada Legislature's Motion to Participate in Oral Argument as Amicus Curiae. Nos. 82236/82249. (SC)		21-22973
08/16/2021	Order/Procedural	Filed Order Granting Motion. Amici Clark County Public Defender, Clark County Special Public Defender, Nevada Attorneys for Criminal Justice, and Nevada Legislature have filed motions seeking permission to participate in the oral argument in this matter currently scheduled for September 9, 2021, at 1:30 p.m. in Las Vegas. Cause appearing, the motions are granted. Amici shall share the time allotted to the parties they support as determined by the parties and amici. Oral argument shall be limited to a total of 60 minutes. Nos. 82236/82249. (SC)		21-23704
08/26/2021	Notice/Outgoing	Issued Oral Argument Reminder Notice. (SC)		21-24841
08/27/2021	Order/Procedural	Filed Order Regarding Oral Argument. This matter is currently scheduled for oral argument on September 9, 2021, at 1:30 p.m. This court's August 3, 2021, scheduling order noted the possibility of holding oral argument by videoconference. The current status of the Covid-19 pandemic requires counsel to appear remotely for this argument. 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 5 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 nvscclerk@nvcourts.nv.gov. Nos. 82236/82249. (SC)		21-25028
09/09/2021	Case Status Update	Oral argument held this day. Case submitted for decision. Before the En Banc Court. Nos. 8223682249. (SC)
05/19/2022	Order/Dispositional	Filed Order Granting Petitions. "ORDER the petitions GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE WRITS OF MANDAMUS instructing the district court in Docket No. 82236 to vacate its Order Granting Appellant's Motion to Reconsider, Granting the Appeal, Reversing Conviction, and Remanding to Lower Court, and in Docket No. 82249 to vacate its Order Granting the Appeal, Reversing Conviction, and Remanding to Lower Court and to consider any issues raised in the appeal in that case that have not yet been resolved." Silver, J., concurring. Pickering, J., dissenting. EN BANC Nos. 82236/82249. (SC)		22-15838
05/19/2022	Writ	Issued Writ with letter. Original and one copy of writ and copy of order mailed to Alexander G. Chen for service upon Judge Carli Lynn Kierny (82236). Nos. 82236/82249 (SC)		22-15858
05/19/2022	Writ	Issued Writ with letter. Original and one copy of writ and copy of order mailed to Alexander G. Chen for service upon Judge Carli Lynn Kierny (82249). Nos. 82236/82249 (SC)		22-15859
05/31/2022	Writ	Filed Returned Writ. Original Writ returned. Served on Judge Carli L. Kierny on May 25, 2022 (82236). Nos. 82236/82249 (SC)		22-17185
05/31/2022	Writ	Filed Returned Writ. Original Writ returned. Served on Judge Carli L. Kierny on May 25, 2022 (82249). Nos. 82236/82249 (SC)		22-17212
06/13/2022	Remittitur	Issued Notice in Lieu of Remittitur. Nos. 82236/82249. (SC)		22-18625
06/13/2022	Case Status Update	Notice in Lieu of Remittitur Issued/Case Closed. Nos. 82236/82249. (SC)