Case Information: 84433
Short Caption:	BLANDINO (KIM) VS. STATE	Court:	Supreme Court
		Related Case(s):	79191, 79191-COA, 79524, 79524-COA, 80363, 80363-COA, 80541, 80541-COA, 80606, 80606-COA, 81327, 81327-COA, 81431, 81765, 81765-COA, 82034, 82034-COA, 82502, 82641, 83259, 83472, 83618, 83958, 84073, 84271, 84433-COA, 85016, 85016-COA, 85072, 85461, 85765, 88332, 88367
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C341767	Classification:	Criminal Appeal - Other - Direct
Disqualifications:	Bell	Case Status:	Remittitur Stayed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:

+ Party Information
Role	Party Name	Represented By
Appellant	Kim Dennis Blandino	Joseph Z. Gersten (The Gersten Law Firm PLLC)
Respondent	The State of Nevada	Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City)

+ Due Items
Due Date	Status	Due Item	Due From
07/24/2024	Open	Remittitur

Docket Entries
Date	Type	Description	Pending?	Document
03/24/2022	Filing Fee	Appeal Filing Fee Waived. Criminal. (SC)
03/24/2022	Notice of Appeal Documents	Filed Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. (SC)		22-09256
03/25/2022	Motion	Filed Appellant's Proper Person Emergency Motion for Limited Remand pursuant to SCR 250(8) and Demand to Proceed in Accord with NRS 178.397 as one who waives Appointment of Counsel in both this Court and the District Court below Nunc Pro Tunc to the date Kim was Assigned forced Ineffective Counsel and to Take Judicial Notice and to Suspend Rules pursuant to NRAP 2 where and when necessary. (SC)		22-09339
04/04/2022	Order/Procedural	Filed Order. The deadlines for the filing of documents are hereby suspended pending further order of this court. Upon entry of the judgment of conviction, the clerk of the district court shall immediately transmit a certified copy of the judgment to the clerk of this court. (SC)		22-10327
04/12/2022	Motion	Filed Appellant's Proper Person Urgent Ex Parte Motion to Immediately Cease Using the Middle Name Dennis in this Court and to Immediately on a Limited Remand to Order that the Court Below Strike the Name Dennis from all of the Papers and Pleadings and in the Record in the Case Below and to Take Judicial Notice and to Suspend Rules Pursuant to NRAP 2 Where and When Necessary. (STRICKEN PER ORDER FILED 4/28/22). (SC)
04/12/2022	Motion	Filed Appellant's Proper Person Emergency Ex Parte Motion for Reconsideration by a Panel of the Order Filed April 4, 2022 Suspending the Filing of Responses to Motions and Denying Kim's Legislatively Created Right to Appeal the Verdict Pursuant to NRS 177.015(3) and Confirmed in Witter v. State, 452 P.3d 406 (Nev. 2019) and to Take Judicial Notice and to Suspend Rules Pursuant to NRAP 2 where and when necessary. (STRICKEN PER ORDER FILED 4/28/22). (SC)
04/28/2022	Order/Procedural	Filed Order Denying Motion & Striking Motions. We deny appellant's motion to proceed on appeal pro se, as well as any further relief requested in his March 25 motion. Further, we direct the clerk of this court to strike appellant's April 12 motions. (SC)		22-13469
05/17/2022	Other	Returned Unfiled Document to appellant. (SC)		22-15641
07/12/2022	Order/Incoming	Filed District court order. Certified copy of order filed in district court on July 12, 2022. (Judgement of Conviction) (SC)		22-21917
07/19/2022	Order/Procedural	Filed Order of Limited Remand for Designation of Counsel. District Court Order Appointing Counsel due: 35 days. (SC)		22-22672
07/20/2022	Order/Incoming	Filed District Court Minute Order from July 7, 2022, appointing counsel. Joseph Gersten appointed as counsel for appellant. (SC)		22-22806
07/20/2022	Notice/Incoming	Filed Appellant's Notice of Appearance for Joseph Gersten. (SC)		22-22872
07/21/2022	Order/Procedural	Filed Order Setting Briefing Schedule. The clerk of this court shall add attorney Joseph Z. Gersten as counsel for appellant in this appeal. Appellant: Transcript Request Form due: 21 days; Opening Brief and Appendix due: 120 days. (SC)		22-22995
07/21/2022	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 10/4/19, 1/25/22, 2/22/22, 2/23/22, 3/1/22, 3/2/22, 3/3/22, 3/4/22, 3/7/22, 3/8/22, 3/9/22 and 7/7/22. To Court Reporter: Sara Richardson. (SC)		22-23052
08/08/2022	Motion	Filed Proper Person Emergency Motion to the Entire Court Excepting Chief Justice Parraguirre pursuant to NRAP 46A(a) and NRS 178.397 to Immediately Remove Forced Counsel Joe Gersten and/or Limited Remand pursuant to SCR250(8) and Demand to Proceed in Accord with NRS 178.397 as one who Waives Appointment of Counsel in both this Court and the District Court Below Nunc Pro Tunc to the Date Kim was Assigned Forced Counsel and to Take Judicial Notice and to Suspend Rules pursuant to NRAP 2 where and when Necessary. (SC)		22-24688
08/11/2022	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellant's Docketing Statement due: August 25, 2022. (SC)		22-25213
08/19/2022	Transcript	Filed Notice from Court Reporter. Kimberly Estala stating that the requested transcripts were delivered. Dates of transcripts: 10/4/19. (SC)		22-26023
08/22/2022	Order/Procedural	Filed Order Denying Motion. Appellant's August 8, 2022, motion to remove appointed counsel and to be allowed to proceed with this direct appeal pro se is denied under NRAP 46A(b)(1) and for the reasons stated in this court's April 28, 2022, order denying a similar motion. All other requests for relief set forth in appellant's motion, including the request for emergency consideration of this motion, are denied. (SC)		22-26171
08/25/2022	Motion	Filed Appellant's Motion for Enlargement of Time, Motion to Withdraw, and Motion to Allow Appellant to Proceed Pro Se. (SC)		22-26661
08/26/2022	Motion	Filed Appellant's Amended Motion for Enlargement of Time, Motion to Withdraw, and Motion to Allow Appellant to Proceed Pro Se. (SC)		22-26781
08/30/2022	Motion	Filed Appellant's Proper Person Emergency Motion for Reconsideration of the Denial of Kim's right to Waive Counsel under NRS 178.397 as Kim seeks Suspension by the Nevada Commission on Judicial Discipline and must ask the Legislature to Impeach and Remove Offending Justices should they continue in the Violation of the Code and Criminal Act of Oppression under Color of Law with Recommendation for Self Disqualification. (SC)		22-27189
09/06/2022	Order/Procedural	Filed Order. Appellant's appointed counsel, Joseph Z. Gersten, has filed a motion and amended motion to withdraw, to allow appellant to proceed pro se, and for an extension of time to file the docketing statement. The motion is denied. Appellant's request for an extension of time to file the docketing statement is granted to the following extent. Appellant's docketing statement due: 7 days. (SC)		22-27798
09/07/2022	Order/Clerk's	Filed Order Granting Telephonic Extension. Court recorder Sara Richardson shall have until September 20, 2022, to file and serve the certificate of delivery of transcripts. (SC)		22-27944
09/12/2022	Transcript	Filed Notice from Court Reporter. Sara Richardson stating that the requested transcripts were delivered. Dates of transcripts: 1/25/22, 3/1/22, 3/2/22, 3/3/22, 3/4/22, 3/7/22, 3/8/22, 3/9/22, 2/22/22, and 7/7/22. (SC)		22-28428
09/13/2022	Docketing Statement	Filed Docketing Statement Criminal Appeals. (REJECTED PER NOTICE ISSUED 9/13/22) (SC)
09/13/2022	Notice/Outgoing	Issued Notice of Rejection of Filed Document. (SC)		22-28629
09/13/2022	Docketing Statement	Filed Docketing Statement Criminal Appeals. (SC)		22-28630
09/19/2022	Order/Procedural	Filed Order Denying Motion. Appellant's August 30, 2022, motion for reconsideration is denied. (SC)		22-29306
10/11/2022	Motion	Filed Appellant's Motion for Stay of Probation Nunc Pro Tunc. (SC)		22-32002
11/17/2022	Motion	Filed Motion to Extend Time to File Appellant's Opening Brief. (SC)		22-36295
12/06/2022	Order/Procedural	Filed Order Regarding Motions. Having reviewed appellant's motion, this court concludes that appellant has not demonstrated that a stay is warranted at this time, and the motion is therefore denied. Appellant shall have until February 16, 2023, to file and serve the opening brief and appendix. (SC)		22-38227
01/30/2023	Motion	Filed Proper Person Appellant's Emergency Renewed Pro Se Motion for Substitution of Appellate Counsel. (SC).		23-02835
02/03/2023	Order/Procedural	Filed Order Denying Motion. As this court has repeatedly informed appellant, an appellant on direct appeal is not entitled to reject court-appointed counsel and insist on appointment of alternate counsel absent a showing of good cause. The motion is denied. (SC)		23-03363
02/15/2023	Motion	Filed Appellant's Motion to Extend Time to file Opening Brief and Appendix. (SC)		23-04658
02/23/2023	Order/Procedural	Filed Order Denying Motion. Appellant has filed a motion requesting a second extension of time (90 days) to file the opening brief. The motion is denied. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. (SC)		23-05536
03/26/2023	Brief	Filed Appellant's Opening Brief. (SC)		23-09228
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix I. (SC)		23-09229
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix II. (SC)		23-09230
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix III. (SC)		23-09231
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix IV. (SC)		23-09232
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix V. (SC)		23-09233
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix VI. (SC)		23-09234
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix VII. (SC)		23-09235
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix VIII. (SC)		23-09236
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix IX. (SC)		23-09237
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix X. (SC)		23-09238
03/26/2023	Appendix	Filed Appendix to Opening Brief Appendix XI. (SC)		23-09239
04/05/2023	Motion	Filed Proper Person Emergency Motion for Leave to File Enlarged Motion to Strike Forced Counsel's Brief and Appendix and Remove Forced Counsel and to Summarily Reverse and Vacate the Conviction OR Have Court Assign Judge Westbrook OR Provide Competent Counsel and Take Judicial Notice. (SC)		23-10408
04/13/2023	Order/Procedural	Filed Order Denying Motion. Appellant has filed a pro se "Emergency Motion for Leave to File Enlarged Motion to Strike Forced Counsel's Brief and Appendix and Remove Forced Counsel and to Summarily Reverse and Vacate the Conviction or Have Court Assign Judge Westbrook or Provide Competent Counsel and Take Judicial Notice." The removal of appointed counsel on direct appeal is not warranted absent a showing of good cause. ). In addition, as appellant has been repeatedly informed, appellant has no right to proceed without counsel on direct appeal from a judgment of conviction. fn1[ Appellant's motion does not constitute an emergency under this court's rules. NRAP 27(e). Labeling a motion an "emergency" causes this court to reallocate its scarce resources from normal case processing, and appellant is again cautioned to use the emergency motion provisions only when circumstances fit the definition set forth in NRAP 27(e).] (SC)		23-11327
04/25/2023	Motion	Filed Respondent's Motion for Enlargement of Time to File Answering Brief (First Request) (SC)		23-12788
04/25/2023	Notice/Outgoing	Issued Notice Motion to Extend Time to File Answering Brief Approved. New Due Date: May 25th, 2023 (SC)		23-12834
05/25/2023	Brief	Filed Respondent's Answering Brief. (SC)		23-16429
05/25/2023	Appendix	Filed Respondent's Appendix to Answering Brief. (SC)		23-16430
06/26/2023	Order/Clerk's	Filed Order Granting Extension Per Telephonic Request. Appellant's reply brief due: July 10, 2023. (SC)		23-20192
07/05/2023	Motion	Filed Appellant's Motion to Extend Time to File Reply Brief. (SC)		23-21296
07/07/2023	Order/Procedural	Filed Order. Appellant has filed a motion for a second extension of time to file the reply brief. The motion is granted. Appellant shall have until August 9, 2023, to file and serve the reply brief. (SC)		23-21647
08/09/2023	Brief	Filed Appellant's Reply Brief. (SC)		23-25777
08/09/2023	Appendix	Filed Appellant's Appendix to Reply Brief. Volume XII. (SC)		23-25782
08/09/2023	Case Status Update	Briefing Completed/To Screening. (SC)
09/19/2023	Motion	Filed Appellant's Motion For Stay Probation Nunc Pro Tunc. (SC) (TRANSFERRED TO THE COURT OF APPEALS PER 10/02/23 NOTICE).		23-30727
10/02/2023	Notice/Outgoing	Issued Notice of Transfer Case to Court of Appeals. (SC)		23-32100
10/02/2023	Case Status Update	Transferred to Court of Appeals. (SC).
12/20/2023	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." COA-MG/BB/DW (SC)
03/10/2024	Post-Judgment Petition	Filed Appellant's Petition for Review. (SC)		24-08525
03/11/2024	Case Status Update	Transferred from Court of Appeals. (SC)
03/12/2024	Motion	Filed Appellant's Motion to Stay Remittitur. (SC)		24-08838
03/22/2024	Order/Procedural	Filed Order Denying Motion. Appellant filed a motion to stay the issuance of the remittitur. On March 10, 2024, appellant filed a timely petition for review by this court of the decision in Docket No. 84433-COA, which remains pending. Issuance of the remittitur is currently stayed by the filing of the petition for review. NRAP 41(b)(2). Accordingly, appellant's motion is denied at this time. (SC)		24-10351
03/22/2024	Other	Justice Linda Bell disqualified from participation in this matter. (SC)
03/25/2024	Post-Judgment Order/Dispositional	Order Denying Petition for Review. "Review denied." fn1[ The Honorable Linda Marie Bell, Justice, did not participate in the decision in this matter.] En Banc (SC)		24-10430
03/25/2024	Remittitur	Issued Remittitur. (REMITTITUR RECALLED PER 4/5/24 ORDER). (SC)		24-10461
03/25/2024	Case Status Update	Remittitur Issued/Case Closed. (REMITTITUR RECALLED PER 4/5/24 ORDER). (SC)
03/25/2024	Motion	Filed Appellant's Motion for Stay the Remittitur. (SC)		24-10515
04/05/2024	Order/Procedural	Filed Order Recalling and Staying the Remittitur. Appellant filed a motion for stay of the remittitur pending application for a writ of certiorari in the United States Supreme Court. This court construes appellant's motion to stay the remittitur as a motion to recall and stay the remittitur. Appellant's motion is granted. The clerk of this court shall recall the remittitur issued on March 25, 2024, and reinstate this appeal. Issuance of the remittitur is hereby stayed until July 23, 2024. If the clerk of this court receives written notice by July 23, 2024, 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 July 23, 2024, the remittitur shall issue forthwith. (SC)		24-12033
04/05/2024	Remittitur	Filed Remittitur. Received by District Court Clerk on 03/26/24. (REMITTITUR RECALLED ON 04/05/24 PER ORDER) (SC)		24-10461