Case Information: 85004
Short Caption:	LEE (MICHAEL) VS. STATE	Court:	Supreme Court
		Related Case(s):	66963, 74089, 76330, 84328
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C277650	Classification:	Criminal Appeal - Life - Direct
Disqualifications:		Case Status:	Briefing in Progress
Replacement:		Panel Assigned:	Panel
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:

+ Party Information
Role	Party Name	Represented By
Appellant	Michael Alan Lee	Kelsey L. Bernstein (Former) (Nevada Defense Group) Michael J. Mcavoyamaya (McAvoy Amaya & Revero, Attorneys) Sandra L. Stewart (Former)
Respondent	The State of Nevada	John T. Afshar (Clark County District Attorney) Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City)

+ Due Items
Due Date	Status	Due Item	Due From
03/03/2023	Overdue	Court Reporter Certificate/Not Fast Track	Court Reporter
06/13/2024	Open	Opening Brief	Appellant

Docket Entries
Date	Type	Description	Pending?	Document
07/13/2022	Filing Fee	Appeal Filing Fee Waived. Criminal. (SC)
07/13/2022	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)		22-22114
07/13/2022	Notice/Outgoing	Issued Notice to File Case Appeal Statement/Criminal. Due date: 7 days. (SC)		22-22116
07/14/2022	Notice of Appeal Documents	Filed District Court Minutes. (SC)		22-22168
07/14/2022	Notice of Appeal Documents	Filed Appellant's Case Appeal Statement. (SC)		22-22220
07/14/2022	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 1/16/20. To Court Reporter: J. Jacoby. Transcripts requested: 1/30/20, 5/12/20, 9/3/20, 9/24/20, and 10/8/20. To Court Reporter: R. Page. Transcripts requested: 2/20/20, 12/1/21, and 3/9/22. To Court Reporter: V. Boyd. Transcripts requested: 1/29/21, 4/23/21, 10/8/21, 11/19/21, 11/29/21, 12/3/21, 1/14/22, 2/16/22, 2/23/22, 2/25/22,and 3/4/22. To Court Reporter: G. Villani. Transcripts requested: 3/14/22, 3/16/22, 4/1/22, 4/4/22, 5/11/22, 5/25/22, and 6/2/22. To Court Reporter: D. Takas. Transcripts requested: 3/15/22, 3/17/22, 3/21/22, 3/22/22, 3/23/22, 3/24/22, 3/25/22, 3/28/22, 3/29/22, 3/30/22, and 3/31/22. To Court Reporter: D. Scott. (SC)		22-22225
07/14/2022	Docketing Statement	Filed Appellant's Criminal Docketing Statement. (SC)		22-22227
08/15/2022	Transcript	Filed Notice from Court Reporter. Robin Page stating that the requested transcripts were delivered. Dates of transcripts: 1/30/20, 2/20/20, 9/3/20, 9/24/20, and 10/8/20. 5/12/20 transcript was previously delivered on 10/20/21 through Odyssey. (SC)		22-25491
08/19/2022	Motion	Filed Court Recorder's Motion to Extend Time to File Transcripts. (SC)		22-26029
08/19/2022	Transcript	Filed Notice from Court Reporter. Grecia Snow stating that the requested transcripts were delivered. Dates of transcripts: 1/29/21, 4/23/21, 10/8/21, 11/19/21, 11/29/21, 1/14/22, 2/16/22, 2/23/22, and 3/4/22. (SC)		22-26034
08/23/2022	Order/Procedural	Filed Order Granting Motion. Court Recorder De'Awna Takas' Certificate of Delivery of Transcripts due: October 13, 2022. Given this extension, appellant shall have until December 27, 2022, to file and serve the opening brief and appendix. (SC)		22-26274
08/26/2022	Transcript	Filed Notice from Court Reporter. Grecia Snow stating that the requested transcripts were delivered. Dates of transcripts: 1/16/20. (SC)		22-26867
10/12/2022	Motion	Filed Court Recorder's Motion to Extend Time to File Transcripts. (SC)		22-32202
10/26/2022	Order/Procedural	Filed Order Granting Motion. Court reporter certificate due: November 28, 2022. Appellant's opening brief and appendix due: February 10, 2023. (SC)		22-33654
12/05/2022	Motion	Filed Court Recorder's Motion to Extend Time to File Transcripts. (Third Request) (SC)		22-38151
12/12/2022	Order/Procedural	Filed Order Granting Motion. Ms. Takas shall have until December 16, 2022, to file the requested transcripts in the district court and deliver copies to the requesting party. Within the same time period, Ms. Takas shall file a notice with this court that the completed transcripts have been filed and delivered. (SC)		22-38916
12/27/2022	Motion	Filed Court Recorder Motion to Extend Time to File Transcripts. (SC)		22-40625
01/03/2023	Notice/Incoming	Filed Substitution of Attorneys (Sandra Stewart to replace Kelsey Bernstein as counsel for the Appellant). (SC).		23-00070
01/06/2023	Order/Procedural	Filed Order Regarding Counsel and Granting Motion. Pursuant to the substitution of counsel filed on January 3, 2023, the clerk of this court shall remove attorney Kelsey Bernstein and the Nevada Defense Group and shall substitute attorney Sandra L. Stewart as counsel for appellant. Court recorder De'Awna Takas has filed a motion for a fourth extension of time to prepare the transcripts requested in this appeal. This fourth extension is granted. Court reporter certificate due: January 17, 2023. Appellant's opening brief and appendix due: February 16, 2023. (SC)		23-00504
01/24/2023	Transcript	Filed Notice from Court Reporter. D'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts: 03/14/22, 03/17/22, 03/21/22, 03/22/22, 05/11/22, 05/25/22 and 06/02/22. (SC).		23-02209
01/24/2023	Transcript	Filed Notice from Court Reporter. De'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts: 03/23/22,03/24/22, 03/29/22, 04/01/22. (SC).		23-02231
01/24/2023	Motion	Filed Court Reporter's Motion to Extend Time (SC).		23-02234
01/27/2023	Order/Procedural	Filed Order Denying Motion. Court recorder De'Awna Takas has filed a motion requesting a fifth extension of time (45 days) to prepare transcripts requested in this appeal. Ms. Takas's motion for a fifth extension of time to prepare the requested transcripts is denied. Ms. Takas' court reporter certificate due: 7 days. (SC)		23-02684
02/01/2023	Motion	Filed Appellant's Motion to Extend Time to File Opening Brief and Appendix. (REJECTED PER NOTICE FILED ON 2/1/23) (SC)
02/01/2023	Notice/Outgoing	Issued Notice of Rejection - No Notice of Appearance for Sandra Stewart. (SC)		23-03130
02/06/2023	Motion	Filed Appellant's Motion to Extend Time to File Opening Brief and Appendix. (SC)		23-03522
02/06/2023	Notice/Outgoing	Issued Notice to Provide Proof of Service. Due date: 7 days. (SC)		23-03550
02/06/2023	Notice/Incoming	Filed Appellant's Proof of Service for Motion to Exend Time. (SC)		23-03559
02/08/2023	Order/Procedural	Filed Order Conditionally Imposing Sanctions. Conditional sanction of $250 due: 7 days or court reporter certificate due: 7 days. (SC)		23-03946
02/13/2023	Order/Procedural	Filed Order Granting Motion. Appellant shall have until June 19, 2023, to file and serve the opening biref and appendix. (SC)		23-04324
02/14/2023	Transcript	Filed Notice from Court Reporter. De'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts:3/31/22 and 4/4/22. (SC)		23-04499
02/14/2023	Motion	Filed Court Recorder De'Awna Takas' Motion to Extend Time to file Transcripts. (SC)		23-04500
02/17/2023	Order/Procedural	Filed Order Vacating Conditional Sanction and Granting Motion. On February 14, 2023, Ms. Takas filed timely certificates indicating that some of the outstanding transcripts have been delivered, and a motion for a sixth extension of time to prepare the remaining transcripts. Accordingly, the conditional sanctions are automatically vacated. The motion for extension of time is granted as follows. Ms. Takas shall have until March 3, 2023, to file the requested transcripts in the district court and deliver copies to the requesting party. Within the same time period, Ms.Takas shall file a notice with this court that the completed transcripts have been filed and delivered. (SC)		23-04931
02/17/2023	Transcript Request	Filed Appellant's Request for Transcript of Proceedings. Transcripts requested: 04/09/18 & 12/02/19(Garibay) and 12/17/19 (Jacoby) To Court Reporters: Maria Garibay and Jill Jacoby. (SC)		23-05000
02/21/2023	Notice/Incoming	Filed Court Reporter's Proof of Payment of Sanction. (SC)		23-05259
03/03/2023	Transcript	Filed Notice from Court Reporter Michelle Ramsey stating that the requested transcripts were delivered. Dates of transcripts: 04/09/18 and 12/02/19. (SC)		23-06541
03/07/2023	Transcript	Filed Notice from Court Reporter. De'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts: 3/15/22, 3/16/22, and 3/30/22. (SC)		23-06777
03/13/2023	Transcript	Filed Notice from Court Reporter. De'Awna Takes stating that the requested transcripts were delivered. Dates of transcripts: March 25, 2022. (SC)		23-07676
03/20/2023	Transcript	Filed Notice from Court Reporter: Grecia Snow stating that the requested transcripts were delivered. Dates of transcripts: 12/17/2019. (SC)		23-08507
04/03/2023	Transcript	Filed Notice from Court Reporter. De'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts: 3/28/22.(SC)		23-10126
06/13/2023	Motion	Filed Appellant's Motion for Enlargement of Time to File Opening Brief and Appendix. (SC)		23-18677
06/16/2023	Order/Procedural	Filed Order Granting Motion to Part. Appellant shall have until August 18, 2023, to file and serve the opening brief and appendix. (SC)		23-19139
08/17/2023	Motion	Filed Appellant's Motion for Enlargement of Time to File Opening Brief and Appendix. (SC)		23-26901
08/22/2023	Order/Procedural	Filed Order. When this court granted appellant's prior motion for extension of time, it stated that no further extensions would be granted absent extraordinary circumstances and extreme need. Counsel has now filed a motion for a 7-day extension of time to file the opening brief and appendix. Counsel fails to demonstrate extraordinary circumstances and extreme need. Nevertheless, in this instance only, appellant's motion is granted. Appellant shall have until August 25, 2023, to file and serve the opening brief and appendix. (SC)		23-27341
08/28/2023	Brief	Filed Appellant's Opening Brief. (STRIKEN PER 10/16/23 ORDER) (SC).
08/28/2023	Appendix	Filed Appendix to Opening Brief CD-ROM included, Volumes 1-28. (SC).		23-28046
09/12/2023	Notice/Incoming	Filed Appellant's Notice of Appearance.(Attorney's Michael J. McAvoyAmaya for appellant) (SC)		23-29857
09/12/2023	Notice/Incoming	Filed Appellant's Substitution of Counsel (Michael McAvoy Amaya in place of Sandra L. Stewart).(SC)		23-29858
09/12/2023	Motion	Filed Appellant's Motion to Strike Opening Brief or, In The Alternative, Motion to Extend Time to File Addendum to Opening Brief.(SC)		23-29859
09/17/2023	Motion	Filed Appellant Response to Motion To Strike Opening Brief, Substitution Of Counsel, and Notice of Appearance.(SC)		23-30344
09/27/2023	Notice/Incoming	Filed Notice of Appearance (John Afshar for Respondent's)(SC)		23-31617
09/27/2023	Motion	Filed Respondent's Motion for Enlargement of time. (SC)		23-31618
09/28/2023	Motion	Filed Appellant's Reply in Support of Motion to Strike Opening Brief or, in The Alternative, Motion to Extend Time to File Addendum to Opening Brief.(SC)		23-31892
10/16/2023	Order/Procedural	Filed Order. Attorney Michael McAvoy-Amaya has filed a substitution of counsel on behalf of appellant wherein he seeks to substitute himself as counsel of record for appellant in place of current counsel Sandra Stewart. The substitution is signed by Mr. McAvoy-Amaya and appellant, but is not signed by Ms. Stewart as required by this court's rules. However, as indicated in her filing of September 17, 2023, it appears that Ms. Stewart does not oppose the substitution. Accordingly, the substitution is approved. The clerk of this court shall remove attorney Sandra L. Stewart as counsel of record for appellant and shall add attorney Michael McAvoy-Amaya of McAvoy Amaya & Revero, Attorneys as counsel of record for appellant on this court's docket. This court takes no action in regard to the notice of appearance filed on September 12, 2023. Appellant's motion to strike the opening brief filed by previous counsel is granted. The clerk of this court shall strike the opening brief filed on August 28, 2023. Appellant shall have 90 days from the date of this order to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Respondent's motion for an extension of time to file the answering brief is denied as moot. (SC)		23-33593
01/02/2024	Motion	Filed Appellant's Motion to Enlarge Time to File Opening Brief. 5th Request overall, 1st Request for current Appellant's Counsel Extension Requested: 60day (SC)		24-00141
01/03/2024	Motion	Filed Appellant's Declaration of Counsel in Support of Appellant's Motion for Enlargement of Time.(SC)		24-00223
01/05/2024	Motion	Filed Appellant's Motion to Enlarge Time to File Opening Brief. 5th Request overall, 1st Request for current Appellant's Counsel Extension Requested: 60day(SC)		24-00502
01/11/2024	Motion	Filed Appellant's Unopposed Motion to Transmit Original Copy of Trial Court Trial Exhibit #43 and Sealed Documents Nos. 140, 141, AND 150 (SC)		24-01225
01/26/2024	Order/Procedural	Filed Order Regarding Motions. Appellant's motion requesting a fifth extension of time to file the opening brief is granted. Appellant shall have until March 15, 2024, to file and serve the opening brief. Appellant's unopposed motion to transmit an original copy of trial court exhibit no. 43 in this matter is granted. The clerk of the district court shall have 14 days from the date of this order to transmit exhibit 43. Appellant has filed a motion to transmit sealed document nos. 140, 141, and 150 in this matter. However, to date, appellant has not provided this court with copies of the documents he wishes to file under seal. Accordingly, this court defers ruling on the motion. Appellant shall have 7 days from the date of this order to submit to this court paper copies of the documents he seeks to file under seal. The documents will be kept confidential pending resolution of the motion. (SC)		24-03131
03/06/2024	Order/Procedural	Filed Order. This court directed appellant to submit to this court paper copies of the documents he seeks to file under seal within 7 days. To date, appellant has failed to comply or otherwise communicate with this court. Appellant shall have 7 days from the date of this order to submit to this court paper copies of the documents he seeks to file under seal. Failure to comply may result in denial of appellant's motion. (SC)		24-08106
03/12/2024	Motion	Filed Appellant's Motion to Enlarge Time to File Opening Brief(SC)		24-08856
03/25/2024	Order/Procedural	Filed Order. Extraordinary circumstances and extreme need having been shown, appellant's motion requesting a sixth extension of time to file the opening brief is granted. Appellant shall have until May 14, 2024, to file and serve the opening brief and appendix. Appellant has filed an unopposed motion to transmit sealed document nos. 140, 141, and 150, which this court construes as a motion to file documents under seal in this matter. Cause appearing, the motion is granted. The clerk of this court shall file document nos. 140, 141, and 150 received on March 15, 2024, under seal. (SC)		24-10459
03/25/2024	Notice/Incoming	Filed Appellant's (SEALED) Documents Nos. 140, 141, and 150. (FILED UNDER SEALED PER ORDER ON 3/25/24 (SC)
04/24/2024	Motion	Filed Appellant's Motion to Enlarge Time to File Opening Brief.(7th Request)(SC)		24-14386
05/03/2024	Order/Procedural	Filed Order Granting Motion. Appellant shall have until June 13, 2024, to file and serve the opening brief and appendix. (SC)		24-15522