Docket Entries |
Date | Type | Description | Pending? | Document |
07/20/2021 | Filing Fee | Appeal Filing Fee Waived. Criminal. (SC) | | |
07/20/2021 | Notice of Appeal Documents | Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) | | 21-20885
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07/21/2021 | Notice of Appeal Documents | Filed Copy of District Court Minutes. (SC) | | 21-20921
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07/21/2021 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 04/27/21, 04/28/21, 04/29/21, 04/30/21 and 06/16/21. To Court Reporter: De'Awna Takas. (SC) | | 21-21053
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08/09/2021 | Docketing Statement | Filed Docketing Statement Criminal Appeals. (SC) | | 21-23167
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09/10/2021 | Transcript | Filed Notice from Court Reporter. De'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts: 04/27/21, 04/28/21, 04/29/21, 04/30/21 and 06/16/21. (SC) | | 21-26301
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09/22/2021 | Notice/Incoming | Filed Notice of Appearance (Nancy M. Lemcke as counsel for Appellant). (SC) | | 21-27379
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09/23/2021 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 09/10/20, 09/16/20, 09/23/20, 10/01/20, 10/07/20, 10/28/20, 11/18/20, 12/14/20, 02/10/21, 03/03/21, 03/15/21, 03/17/21, 04/12/21, 04/14/21, 04/19/21, 04/21/21, 05/19/21, 07/12/21. To Court Reporter: De'Awna Takas, Brittany Amoroso, Victoria Boyd and Rebeca Gomez. (SC) | | 21-27542
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10/05/2021 | Motion | Filed Stipulation (Opening Brief). (SC) | | 21-28539
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10/05/2021 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. Appellant's Opening Brief due: December 17, 2021. (SC) | | 21-28550
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11/01/2021 | Transcript | Filed Notice from Court Reporter. Kimberly Estala stating that the requested transcripts were delivered. Dates of transcripts:10/1/20 and 9/10/20. (SC) | | 21-31338
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11/01/2021 | Transcript | Filed Notice from Court Reporter. De'Awna Takas stating that the requested transcripts were delivered. Dates of transcripts: 5/19/21 and 7/12/21. (SC) | | 21-31339
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11/01/2021 | Transcript | Filed Notice from Court Reporter. Brittany Amoroso stating that the requested transcripts were delivered. Dates of transcripts: 9/16/20, 9/23/20, 10/7/20, 10/28/20, 11/18/20, and 12/14/20. (SC) | | 21-31341
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12/16/2021 | Motion | Filed Appellant's Motion for Extension of Time. (Opening Brief) (SC) | | 21-35931
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12/28/2021 | Order/Procedural | Filed Order Granting Motion. Appellant shall have until February 15, 2022, to file and serve the opening brief and appendix. (SC) | | 21-36846
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02/14/2022 | Motion | Filed Appellant's Second Motion for Extension of Time. (Opening Brief and Appendix) (SC) | | 22-04947
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02/22/2022 | Order/Procedural | Filed Order Denying Motion. Extraordinary circumstances and extreme need not having been shown, appellant's motion requesting a third extension of time to file the opening brief is denied. Appellant shall have 14 days from the date of this order to file and serve the opening brief and appendix. (SC) | | 22-05675
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03/08/2022 | Motion | Filed Appellant's Motion for Leave to File Opening Brief in Excess of Type-Volume Limitations. (SC) | | 22-07288
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03/08/2022 | Brief | Filed Appellant's Opening Brief. (STRICKEN PER ORDER FILED 3/11/22). (SC) | | |
03/08/2022 | Appendix | Filed Appendix to Opening Brief, Vol. I. (SC) | | 22-07295
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03/08/2022 | Appendix | Filed Appendix to Opening Brief, Vol. II. (SC) | | 22-07296
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03/08/2022 | Appendix | Filed Appendix to Opening Brief, Vol. III. (SC) | | 22-07297
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03/08/2022 | Appendix | Filed Appendix to Opening Brief, Vol. IV. (SC) | | 22-07298
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03/08/2022 | Appendix | Filed Appendix to Opening Brief, Vol. V. (SC) | | 22-07299
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03/08/2022 | Appendix | Filed Appendix to Opening Brief, Vol. VI. (SC) | | 22-07300
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03/08/2022 | Appendix | Filed Appendix to Opening Brief. Vol. VII. (SC) | | 22-07301
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03/08/2022 | Motion | Filed Appellant's Motion for Leave to File Amended Opening Brief. (SC) | | 22-07350
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03/08/2022 | Brief | Filed Appellant's Amended Opening Brief. (SC) | | 22-07351
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03/11/2022 | Order/Procedural | Filed Order Granting Motions. Appellant has filed a motion for leave to file an amended opening brief to correct certain typographical errors, and a motion for leave to file a brief in excess of the type-volume limitations. The motions are granted. The amended opening brief was filed on March 8, 2022. The clerk of this court shall strike the opening brief filed on March 8, 2022. Respondent shall have until April 7, 2022, to file and serve the answering brief. (SC) | | 22-07804
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03/11/2022 | Motion | Filed Appellant's Motion for Leave to File A Supplemental Appendix and Second Amended Brief; Request for Instruction as to how to proceed with briefing on severed charges. (SC) | | 22-07838
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03/11/2022 | Appendix | Filed Supplemental Appendix Vol VIII. (STICKEN PER 3/15/22 ORDER). (SC) | | 22-07839
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03/15/2022 | Order/Procedural | Filed Order. Appellant seeks leave to file an amended appendix and second amended opening brief to include and address the new conviction for battery with use of a deadly weapon causing substantial bodily harm. The motion is denied. The clerk of this court shall strike the supplemental appendix filed on March 11, 2022. (SC) | | 22-08310
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03/28/2022 | Motion | Filed Appellant's Renewed Motion for Leave to File a Supplemental Appendix and Second Amended Brief, Request for Instruction as to How to Proceed With Briefing on Severed Charges. (SC) | | 22-09620
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04/07/2022 | Notice/Incoming | Filed Respondent's Notice of Appearance for John Afshar. (SC) | | 22-10805
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04/07/2022 | Motion | Filed Respondent's Motion for Enlargement of Time to File Answering Brief. (SC) | | 22-10806
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04/19/2022 | Order/Procedural | Filed Order Regarding Motions. Both appeals shall proceed according to their respective briefing schedules. The renewed motion filed in Docket No. 83243 to file a second amended opening brief and supplemental appendix is denied. Respondent in Docket No. 83243 shall have until July 6, 2022, to file and serve the answering brief addressing the convictions for the theft offenses. Given the length of this initial extension, no further extensions of time shall be permitted absent demonstration of extraordinary circumstances and extreme need. Nos. 83243/84412. (SC) | | 22-12303
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07/06/2022 | Brief | Filed Respondent's Answering Brief. (SC) | | 22-21180
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07/06/2022 | Appendix | Filed Respondent's Appendix. (SC) | | 22-21184
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07/06/2022 | Motion | Filed Respondent's Motion to Transmit Exhibits and the Presentence Investigation Report. (SC) | | 22-21186
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07/18/2022 | Order/Procedural | Filed Order Granting Motion to Transmit Presentence Investigation Report and Exhibits. District Court: Presentence Investigation Report and State's Exhibits 1 and 3, 4, 5, 6, 9, 12, and 13 due: 14 days. | | 22-22485
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07/25/2022 | Notice of Appeal Documents | Filed Documents from District Court Clerk. Pre-Sentence Investigation Report. (Sealed) (SC) | | |
08/03/2022 | Motion | Filed Stipulation to File Reply Brief. (SC) | | 22-24256
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08/03/2022 | Notice/Outgoing | Issued Notice Motion/Stipulation Approved. (Reply Brief due: September 6, 2022) (SC) | | 22-24260
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09/06/2022 | Brief | Filed Appellant's Reply Brief. (SC) | | 22-27920
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09/07/2022 | Case Status Update | Briefing Completed/To Screening. (SC) | | |
10/03/2022 | Notice/Outgoing | Issued Notice of Transfer Case to Court of Appeals. (SC). | | 22-31086
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10/03/2022 | Case Status Update | Transferred to Court of Appeals. (SC). | | |
10/03/2022 | Case Status Update | Transferred from Supreme Court. (COA). | | |
02/02/2023 | Order/Procedural | Filed Order Scheduling Oral Argument. The appeal will be scheduled for oral argument on March 30, 2023, at 2:00 p.m. at the Thomas and Mack Moot Court Facility on the campus of William S. Boyd School of Law in Las Vegas. Argument shall be limited to 30 minutes. (COA) | | 23-03231
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02/15/2023 | Notice/Incoming | Filed Appellant's Substitution of Attorney Nancy Lemcke for Jason Margolis. (COA) | | 23-04712
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02/17/2023 | Order/Procedural | Filed Order. The clerk of this court shall remove attorney Nancy Lemcke as counsel for appellant and shall add attorney Jason R. Margolis to the docket as counsel for appellant in this appeal in her stead. (COA) | | 23-05002
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03/17/2023 | Notice/Outgoing | Oral Argument Reminder Notice | | 23-08362
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03/30/2023 | Case Status Update | Oral argument held this day. Case submitted for decision. Before the Court of Appeals. MG/BB/DW. (COA) | | |
07/20/2023 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court of Appeals. Author: Gibbons, C.J. Majority: Gibbons/Bulla/Westbrook. 139 Nev. Adv. Opn. No. 20. Court of Appeal-MG/BB/DW. (VACATED PER ORDER FILED ON 4/18/24 IN SUPREME COURT)(COA). | | 23-23187
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07/20/2023 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court of Appeals. Author: Gibbons, C.J. Majority: Gibbons/Bulla/Westbrook. 139 Nev. Adv. Opn. No. 20. Court of Appeal-MG/BB/DW. (VACATED PER ORDER FILED ON 4/18/24) (SC). | | |
07/27/2023 | Notice/Incoming | Filed Substitution of Attorneys Notice of Substitution of Attorney with Declaration. (REJECTED PER NOTICE FILED ON 7/27/23) (SC) | | |
07/27/2023 | Notice/Outgoing | Issued Notice of Rejection of Filed Document. (SC) | | 23-24143
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07/28/2023 | Notice/Incoming | Filed Appellant's Substitution of Attorneys for Diane Lowe Instead of Jason Margolis (REJECTED PER NOTICE FILED ON 7/28/2023). (SC) | | |
07/28/2023 | Notice/Incoming | Filed Appellant's Substitution of Attorneys for Diane Lowe Instead of Jason Margolis and Nancy Lemke. (COA) | | 23-24164
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07/28/2023 | Notice/Outgoing | Issued Notice of Rejection of Filed Document. (SC) | | 23-24224
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07/28/2023 | Motion | Filed Appellant's Motion to Extend Time to File the Petition for Rehearing. (COA) | | 23-24312
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08/07/2023 | Order/Procedural | Filed Order. Pursuant to the substitution of counsel filed on July 28, 2023, the clerk of this court shall remove attorney Jason R. Margolis and the law firm of Yampolsky & Margolis from the docket and shall add Diane C. Lowe and Lowe Law, LLC, as counsel for appellant. Appellant has filed a motion requesting an extension of time to file a petition for rehearing. The motion is granted in part as follows. Appellant's petition for rehearing due: 20 days. (COA) | | 23-25398
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08/08/2023 | Notice/Incoming | Filed Appellant's Certificate of Service of 8/7/23 Court Order. (COA) | | 23-25433
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08/28/2023 | Post-Judgment Petition | Filed Appellant's Petition for Rehearing. (COA) | | 23-28102
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09/21/2023 | Post-Judgment Order | Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). COA-MG/BB/DW (COA) | | 23-31056
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10/04/2023 | Post-Judgment Petition | Filed Appellant's Petition for Review. (SC) | | 23-32533
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10/05/2023 | Case Status Update | Transferred to Supreme Court. (COA) | | |
10/05/2023 | Case Status Update | Transferred from Court of Appeals. (SC) | | |
10/05/2023 | Case Status Update | Case Closed. (COA) | | |
10/17/2023 | Order/Procedural | Filed Order/Answer Petition for Review. Respondent shall have 14 days from the date of this order to file and serve an answer to the petition that does not exceed 10 pages or 4,667 words. (SC) | | 23-33823
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10/24/2023 | Post-Judgment Petition | Filed Respondent's Answer to Petition for Review. (SC) | | 23-34607
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04/18/2024 | Post-Judgment Order | Filed Order Granting Petition for Review. Having considered the petition for review and answer filed, this court has determined that review of this matter is warranted. NRAP 40B(f). Accordingly, the petition for review is granted. See NRAP 40B(g). The Court of Appeals opinion affirming in part, reversing in part, and remanding a district court judgment filed on July 20, 2023, is vacated. En Banc (SC) | | 24-13573
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