Case Information: 86638
Short Caption:	MEHN (BRAD) VS. STATE	Court:	Supreme Court
Lower Court Case(s):	Nye Co. - Fifth Judicial District - CR21-0161	Classification:	Criminal Appeal - Life - Direct
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:	02/14/2025	How Submitted:	On Briefs

+ Party Information
Role	Party Name	Represented By
Appellant	Brad A. Mehn	Thomas J. Gibson (Former) (Nye Legal PLLC) David H. Neely, III
Respondent	The State of Nevada	Keith C. Brower (Nye County District Attorney) Aaron D. Ford (Attorney General/Carson City) Cory Bruce Juelke (Nye County District Attorney) Brian Kunzi (Nye County District Attorney) Bradley J. Richardson (Nye County District Attorney) Tanis Wright (Nye County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
05/26/2023	Filing Fee	Appeal Filing Fee Waived. Criminal. (SC)
05/26/2023	Notice of Appeal Documents	Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC)		23-16618
05/31/2023	Order/Procedural	Filed Order. Appellant has not yet been sentenced. Because the district court thus retains jurisdiction to sentence appellant and enter a judgment of conviction, and this court prefers to avoid piecemeal litigation when possible, the deadlines for filing 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)		23-16941
08/22/2023	Notice of Appeal Documents	Filed District Court's Order/Judgment. Certified Copy of Findings of Fact Conclusions of Law and Order/Judgment Filed in District Court 8/22/2023. (SC)		23-27355
09/01/2023	Order/Procedural	Filed Order Reinstating Briefing. This court reinstates the briefing schedule as follows. Appellant's transcript request and docketing statement due: 14 days. Appellant's opening brief and appendix due: 120 days. (SC)		23-28781
09/15/2023	Notice of Appeal Documents	Filed Notice of Appeal/Amended/Supplemental 2nd Notice of Appeal. (SC)		23-30199
09/27/2023	Notice/Outgoing	Issued Notice to File Docketing Statement and Request Transcripts. Due date: 7 days. (SC)		23-31633
11/03/2023	Order/Procedural	Filed Order Conditionally Imposing Sanctions. On September 1, 2023, this court entered an order reinstating briefing and directing appellant to file and serve the docketing statement and transcript request form, or certificate that no transcripts will be requested, by September 22, 2023. Appellant did not comply. Accordingly, on September 27, 2023, the clerk of this court issued a notice directing appellant to file and serve the docketing statement and transcript request form, or certificate that no transcripts will be requested, by October 4, 2023. The notice cautioned that failure to comply could result in the imposition of sanctions. To date, appellant has failed to comply. . Mr. Gibson shall personally pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment within 7 days from the date of this order. The conditional sanctions will be automatically vacated if Mr. Gibson files and serves, within the same time period, the docketing statement and either a file-stamped copy of the transcript request form filed in the district court or a certificate that no transcripts will be requested. If the required documents are not timely filed, the sanctions will no longer be conditional and must be paid. Failure to comply with this order, or any other filing deadlines in this matter, may result in Mr. Gibson's removal as counsel of record in this appeal. Further, because it appears that Mr. Gibson's conduct in this appeal may constitute violations of RPC 1.3 (diligence), 3.2(a) (expediting litigation), and 8.4 (misconduct), failure to comply with this order or any other filing deadlines may also result in the referral of Mr. Gibson to the State Bar of Nevada for investigation pursuant to SCR 104- 105. NNP23-EC/KP/LB (SC)		23-35796
11/15/2023	Docketing Statement	Filed Appellant's Criminal Docketing Statement. (SC)		23-37166
11/15/2023	Motion	Filed Appellant's Motion for Enlargement of Time Within Which to File Appellant's Docketing Statement and Transcript Request Form(SC)		23-37219
11/16/2023	Transcript Request	Filed Appellant's Request for Transcript of Proceedings. Transcripts requested: /01/2023, 5/02/2023, 5/03/2023, 5/04/2023,5/05/2023, 5/08/2023, 5/09/2023, 5/10/2023, 5/11/2023, 5/12/2023, 5/15/2023, 5/16/2023,5/17/2023,5/18/2023 To Court Reporter: Carrie Crow.(SC)		23-37378
11/21/2023	Notice/Incoming	Filed Respondent's Notice of Appearance.(Brad Richardson for Respondent)(SC)		23-37806
12/01/2023	Order/Procedural	Filed Order. Mr. Gibson did not timely comply with this court's order. Instead, on November 15, 2023, he filed an untimely motion for an extension of time to file the docketing statement and transcript request form. Because Mr. Gibson did not timely comply with this court's order, the sanctions are no longer conditional and must be paid. Accordingly, Mr. Gibson shall have 7 days from the date of this order to pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of payment. This court declines to impose additional sanctions at this time. Notwithstanding its untimeliness, the motion for an extension of time is granted. The docketing statement was filed on November 15, 2023, and the transcript request form was filed on November 16, 2023. Mr. Gibson is reminded that a motion for an extension of time to file a document should generally be filed on or before the due date for that document. Mr. Gibson is further reminded that the opening brief and appendix are due to be filed by January 2, 2024. NNP23-EC/KP/LB (SC)		23-38932
12/18/2023	Notice/Incoming	Filed Notice of Nonpayment from Court Reporter Carrie L. Crow.(SC)		23-40970
01/10/2024	Order/Procedural	Filed Order Removing Counsel, Referring Counsel to the State Bar of Nevada for Investigation, Remanding for Appointment of Counsel, and Suspending Briefing. On November 3, 2023, this court entered an order conditionally imposing sanctions on appellant's counsel, Thomas J. Gibson, for his failure to file the docketing statement and transcript request form or certificate that no transcripts will be requested. This court directed Mr. Gibson to personally pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment by November 13, 2023. The conditional sanctions would be automatically vacated if Mr. Gibson filed and served, within the same time period, the docketing statement and either a file-stamped copy of the transcript request form filed in the district court, or a certificate that no transcripts will be requested. This court stated that if the required documents were not timely filed, the sanctions would no longer be conditional and must be paid. Mr. Gibson did not timely comply with this court's order. Instead, on November 15, 2023, he filed an untimely motion for an extension of time to file the docketing statement and transcript request form. This court entered an order on December 1, 2023, explaining that because Mr. Gibson did not timely comply with this court's order, the sanctions were no longer conditional and must be paid. Accordingly, this court directed Mr. Gibson, by December 8, 2023, to pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of payment. We declined to impose additional sanctions upon Mr. Gibson at that time and granted his untimely motion for an extension of time. We also reminded Mr. Gibson that the opening brief and appendix were due to be filed by January 2, 2024. This court cautioned that failure to timely file either the opening brief and appendix or a motion for an extension of time to file those documents may result in the imposition of additional sanctions, including the removal of Mr. Gibson as counsel of record in this appeal and/or the referral of Mr. Gibson to the State Bar of Nevada for investigation pursuant to SCR 104-105. To date, Mr. Gibson has not filed proof of payment of the $250 sanction. The opening brief and appendix are now overdue. And Mr. Gibson has not filed a motion for an extension of time or otherwise communicated with this court. Therefore, Mr. Gibson is removed as counsel in this appeal. Because it appears that Mr. Gibson's conduct in this appeal may constitute violations of RPC 1.3 (diligence), 3.2(a) (expediting litigation), and 8.4 (misconduct), Mr. Gibson is referred to the State Bar of Nevada for investigation pursuant to SCR 104-105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. Mr. Gibson shall have 7 days from the date of this order to pay the sum of $250 to the Supreme Court Library and provide proof of such payment to the clerk of this court. This court remands this appeal to the district court for the limited purpose of appointing new counsel for appellant. See Evitts v. Lucey, 469 U.S. 387 (1985). The district court shall have 28 days from the date of this order to appoint new appellate counsel for appellant. Within 7 days from the appointment of counsel, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order appointing appellate counsel. The deadlines for filing documents in this appeal are suspended pending further order of this court. B24-LS/KP/RP (SC)		24-01043
01/10/2024	Notice/Incoming	Filed Proof of Payment of Sanction.(Gibson Law Group PLLC)(SC)		24-01070
02/22/2024	Order/Procedural	Filed Order. To date, this court has not received a copy of the district court's written or minute order appointing counsel. District court order due: 7 days. (SC)		24-06367
02/22/2024	Order/Incoming	Filed District Court Order Appointing Counsel. Filed certified copy of order filed in district court on 01-10-24 appointing David Neely, Esq., as counsel for appellant.(SC)		24-06476
02/28/2024	Order/Procedural	Filed Order Reinstating Briefing. This court remanded this appeal to the district court for the purpose of securing counsel for appellant. The district court has appointed attorney David Neely as appellate counsel for appellant. The clerk of this court shall add Mr. Neely to the docket in this appeal. The deadlines for filing documents are reinstated as follows. Appellant shall have 14 days from the date of this order to file and serve a transcript request form or a certificate that no transcripts are requested. Appellant shall have 90 days from the date of this order to file and serve the opening brief and appendix.(SC)		24-07105
03/11/2024	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 05-05-23 to May 18, 2023.To Court Reporter:Carrie Crow.(REJECTED PER NOTICE ISSUED ON 03-11-24)(Missing DC stamp)(SC)
03/11/2024	Notice/Outgoing	Issued Notice of Rejection of Deficient Transcript Request(missing DC stamp)(SC)		24-08647
03/18/2024	Transcript Request	Filed Request for Rough Draft Transcript(s). Transcripts requested: 05-05-2003 TO MAY 05-18-2023 Court Reporter: Carrie Crow, Filed in district court on: 05-15-2024(SC)		24-09508
04/11/2024	Notice/Incoming	Filed Investigative Report. Investigative Report from the State Bar of Nevada re: attorney Thomas Gibson. Original report was placed in attorney's bar file. (SC).
05/29/2024	Motion	Filed Motion to Extend Time to File Opening Brief(First Request)(SC)		24-18814
05/30/2024	Notice/Outgoing	Issued Notice Motion/Stipulation Approved. "Opening Brief" Due date: 06-11-2024 (SC)		24-18943
05/31/2024	Brief	Filed Appellant's Opening Brief (REJECTED PER NOTICE FILED ON 5/31/2024). (SC)
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 1. (SC)		24-19090
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 2. (SC)		24-19114
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 3. (SC)		24-19128
05/31/2024	Notice/Outgoing	Issued Notice of Rejection of Deficient Brief. Corrected brief due: 5 days. (SC)		24-19139
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 4. (SC)		24-19142
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 5. (SC)		24-19147
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 6. (SC)		24-19149
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 7. (SC)		24-19150
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 8. (SC)		24-19156
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 9. (SC)		24-19157
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 10. (SC)		24-19158
05/31/2024	Appendix	Filed Appellant's Appendix to Opening Brief - Vol. 11. (SC)		24-19164
06/07/2024	Notice/Incoming	Filed Respondent's Notice of Appearance.(Deputy District Attorney Cory B. Juelke, of the Nye County District Attorney's Office, enters his appearance as additional attorney of record for the Respondent (SC)		24-20003
06/07/2024	Notice/Incoming	Filed Respondent's Notice of Appearance (Deputy District Attorney Tanis Wright, of the Nye County District Attorney's Office, enters his appearance as additional attorney of record for the Respondent)(SC)		24-20004
06/11/2024	Brief	Filed Amended Opening Brief(SC)		24-20343
07/11/2024	Notice/Incoming	Filed Investigative Report. Investigative Report from the State Bar of Nevada re: attorney Thomas Gibson. Original report was placed in attorney's bar file. (SC).
07/24/2024	Motion	Filed Respondent's Motion to Extend Time First Request(SC)		24-25898
07/29/2024	Order/Procedural	Filed Order Granting Motion. Respondent's answering brief due: August 23, 2024. (SC)		24-26490
08/22/2024	Motion	Filed Respondent's Motion to Extend Time Second Request(SC)		24-30138
08/29/2024	Order/Procedural	Filed Order Granting Motion. Respondent shall have until October 7, 2024, to file and serve the answering brief. (SC)		24-31223
10/02/2024	Appendix	Filed Appellant's Appendix to Opening Brief Volume 12. (SC)		24-36796
10/03/2024	Notice/Incoming	Filed Respondent's Notice of Appearance( Senior Deputy District Attorney Keith Brower of the Nye County District Attorney's Office, enters his appearance as additional attorney of record for the Respondent (SC)		24-37142
10/03/2024	Brief	Filed Respondent's Answering Brief. (STRICKEN PER ORDER FILED ON 10/9/24) (SC)
10/03/2024	Appendix	Filed Respondent's Appendix to Answering Brief Volume 1. (SC)		24-37145
10/03/2024	Appendix	Filed Respondent's Index to Appendix Volume 1(SC)		24-37151
10/04/2024	Notice/Incoming	Filed Investigative Report. Investigative Report from the State Bar of Nevada re: attorney Thomas Gibson. Original report was placed in attorney's bar file. (SC).
10/09/2024	Order/Procedural	Filed Order Striking Deficient Document. Order Striking Deficient Answering Brief. Corrected Brief due: 14 days from the date of this order. (SC)		24-37815
10/09/2024	Brief	Filed Respondent's Answering Brief(SC)		24-37844
11/12/2024	Case Status Update	Briefing Completed/To Screening. (SC)
02/03/2025	Notice/Incoming	Filed Investigative Report. Investigative Report from the State Bar of Nevada re: attorney Thomas J. Gibson. Original report was placed in attorney's bar file. (SC).
02/14/2025	Order/Procedural	Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision before a panel of this court as of the date of this order on the briefs filed herein. (SC)		25-07098
04/16/2025	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." A25-RP/LB/LS (SC)		25-17165
05/07/2025	Remittitur	Issued Remittitur.(SC)		25-20387
05/07/2025	Case Status Update	Remittitur Issued/Case Closed.(SC)
05/28/2025	Remittitur	Filed Remittitur. Received by County Clerk on 5/12/25. (SC)		25-20387