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
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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
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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
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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
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05/17/2022 | Other | Returned Unfiled Document to appellant. (SC) | | 22-15641
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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
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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
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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
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07/20/2022 | Notice/Incoming | Filed Appellant's Notice of Appearance for Joseph Gersten. (SC) | | 22-22872
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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
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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
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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
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08/11/2022 | Order/Clerk's | Filed Order Granting Telephonic Extension. Appellant's Docketing Statement due: August 25, 2022. (SC) | | 22-25213
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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
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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
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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
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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
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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
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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
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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
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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
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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
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09/13/2022 | Docketing Statement | Filed Docketing Statement Criminal Appeals. (SC) | | 22-28630
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09/19/2022 | Order/Procedural | Filed Order Denying Motion. Appellant's August 30, 2022, motion for reconsideration is denied. (SC) | | 22-29306
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10/11/2022 | Motion | Filed Appellant's Motion for Stay of Probation Nunc Pro Tunc. (SC) | | 22-32002
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11/17/2022 | Motion | Filed Motion to Extend Time to File Appellant's Opening Brief. (SC) | | 22-36295
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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
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01/30/2023 | Motion | Filed Proper Person Appellant's Emergency Renewed Pro Se Motion for Substitution of Appellate Counsel. (SC). | | 23-02835
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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
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02/15/2023 | Motion | Filed Appellant's Motion to Extend Time to file Opening Brief and Appendix. (SC) | | 23-04658
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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
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03/26/2023 | Brief | Filed Appellant's Opening Brief. (SC) | | 23-09228
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix I. (SC) | | 23-09229
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix II. (SC) | | 23-09230
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix III. (SC) | | 23-09231
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix IV. (SC) | | 23-09232
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix V. (SC) | | 23-09233
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix VI. (SC) | | 23-09234
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix VII. (SC) | | 23-09235
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix VIII. (SC) | | 23-09236
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix IX. (SC) | | 23-09237
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix X. (SC) | | 23-09238
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03/26/2023 | Appendix | Filed Appendix to Opening Brief Appendix XI. (SC) | | 23-09239
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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
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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
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04/25/2023 | Motion | Filed Respondent's Motion for Enlargement of Time to File Answering Brief (First Request) (SC) | | 23-12788
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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
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05/25/2023 | Brief | Filed Respondent's Answering Brief. (SC) | | 23-16429
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05/25/2023 | Appendix | Filed Respondent's Appendix to Answering Brief. (SC) | | 23-16430
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06/26/2023 | Order/Clerk's | Filed Order Granting Extension Per Telephonic Request. Appellant's reply brief due: July 10, 2023. (SC) | | 23-20192
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07/05/2023 | Motion | Filed Appellant's Motion to Extend Time to File Reply Brief. (SC) | | 23-21296
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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
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08/09/2023 | Brief | Filed Appellant's Reply Brief. (SC) | | 23-25777
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08/09/2023 | Appendix | Filed Appellant's Appendix to Reply Brief. Volume XII. (SC) | | 23-25782
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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
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10/02/2023 | Notice/Outgoing | Issued Notice of Transfer Case to Court of Appeals. (SC) | | 23-32100
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10/02/2023 | Case Status Update | Transferred from Supreme Court. (COA). | | |
10/02/2023 | Case Status Update | Transferred to Court of Appeals. (SC). | | |
10/02/2023 | Motion | Filed Appellant's Motion For Stay Probation Nunc Pro Tunc. (TRANFERRED FROM THE SUPREME COURT PER 10/02/23 NOTICE) (COA). | | 23-32101
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10/06/2023 | Motion | Filed Appellant's in Proper Person Emergency Motion to Suspend Rules and to Immediately Allow Appellant Immediate Stay of Probation. (COA) | | 23-32757
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12/20/2023 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." COA-MG/BB/DW (COA) | | 23-41344
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12/20/2023 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." COA-MG/BB/DW (SC) | | |
01/05/2024 | Motion | Filed Appellant's Motion to Extend Time to File Petition for Rehearing. (COA) | | 24-00435
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01/08/2024 | Order/Procedural | Filed Order Granting Motion. Appellant's motion for an extension of time to file a petition for rehearing is granted. Appellant shall have until February 7, 2024, to file and serve a petition for rehearing. If no petition is filed within this time period, the remittitur shall issue. (COA) | | 24-00799
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02/07/2024 | Post-Judgment Petition | Filed Appellant's Petition for Rehearing. (COA) | | 24-04573
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02/07/2024 | Filing Fee | Appellant's Rehearing Filing Fee Waived. (COA) | | |
02/22/2024 | Post-Judgment Order | Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c).COA-MG/BB/DW (COA) | | 24-06442
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03/10/2024 | Post-Judgment Petition | Filed Appellant's Petition for Review. (SC) | | 24-08525
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03/11/2024 | Case Status Update | Transferred to Supreme Court. (COA) | | |
03/11/2024 | Case Status Update | Transferred from Court of Appeals. (SC) | | |
03/11/2024 | Case Status Update | Case Closed. (COA) | | |
03/12/2024 | Motion | Filed Appellant's Motion for Stay of Remittitur (REJECTED PER NOTICE FILED ON 3/12/2024). (COA) | | |
03/12/2024 | Notice/Outgoing | Issued Notice of Rejection of Filed Document. (COA) | | 24-08823
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03/12/2024 | Motion | Filed Appellant's Motion to Stay Remittitur. (SC) | | 24-08838
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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
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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
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03/25/2024 | Case Status Update | Transferred to Supreme Court.(COA) | | |
03/25/2024 | Case Status Update | Case Closed.(COA) | | |
03/25/2024 | Remittitur | Issued Remittitur. (REMITTITUR RECALLED PER 4/5/24 ORDER). (SC) | | 24-10461
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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
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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
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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
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