Case Information: 84603-COA
Short Caption:	GALLAGHER (BRANDON) VS. STATE	Court:	Court of Appeals
		Related Case(s):	84603
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C360432	Classification:	Criminal Appeal - Other - Direct
Disqualifications:	Westbrook	Case Status:	Case Closed
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	Brandon Lee Gallagher	Bryan A. Cox (Clark County Public Defender) William M. Waters (Clark County Public Defender)
Respondent	The State of Nevada	Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City) Taleen R. Pandukht (Clark County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
09/07/2022	Case Status Update	Transferred from Supreme Court. (COA).
11/29/2022	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." Court of Appeals- MG/JT/BB. (VACATED PER 5/8/23 ORDER) (COA)		22-37367
12/19/2022	Post-Judgment Petition	Filed Appellant's Petition for Rehearing. (COA).		22-39762
02/15/2023	Order/Procedural	Filed Filed Order Directing Answer. Respondent's answer due: 28 days. Gallagher shall have 14 days to file and serve a reply to the answer. (SC)		23-04641
03/10/2023	Post-Judgment Petition	Filed Respondent's Answer to Petition for Rehearing. (COA)		23-07443
03/23/2023	Post-Judgment Petition	Filed Appellant's Reply to Answer to Petition for Rehearing. (COA)		23-09068
04/19/2023	Other	Judge Deborah L. Westbrook disqualified from participation in this matter. Disqualification Reason: Voluntary Recusal. (COA).
05/08/2023	Order/Dispositional	Filed Amended Order Vacating Judgement and Remanding. "ORDER the judgment of conviction VACATED AND REMAND this matter to the district court of proceedings consistent with this order." fn1[ Having considered Gallagher's petition for rehearing, we agree with Gallagher that this court erred by reviewing for plain error his claim that the district court abused its discretion by failing to allow the victim to speak at the sentencing hearing. Accordingly, we grant Gallagher's petition for rehearing, vacate our November 29, 2022, order of affirmance, and issue this amended order in its place.] fn3[The Honorable Deborah L. Westbrook did not participate in the decision in this matter.] COA-MG/BB (COA)		23-14559
05/24/2023	Case Status Update	Transferred to Supreme Court. (COA)
05/24/2023	Case Status Update	Case Closed. (COA)