Case Information: 34227
Short Caption:	HARTE (SHAWN) VS. STATE (DEATH PENALTY)	Court:	Supreme Court
		Related Case(s):	34195, 34196, 43877, 49929, 50161, 67519, 78978, 78978-COA
Lower Court Case(s):	Washoe Co. - Second Judicial District - CR980074	Classification:	Criminal Appeal - Death Penalty - Direct
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	09/14/2000 at 11:00 AM	Oral Argument Location:	Carson City
Submission Date:	09/14/2000	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	Shawn Russell Harte	Janet Cobb Schmuck
Respondent	The State of Nevada	Frankie Sue Del Papa (Attorney General/Carson City) Richard A. Gammick (Washoe County District Attorney) Terrence P. McCarthy (Washoe County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
05/19/1999	Filing Fee	Filing Fee Waived.
05/19/1999	Record on Appeal Documents	Filed Record on Appeal Copy. Volumes 1 through 15.		99-04089
05/19/1999	Notice/Incoming	Filed Notice. Pre-Sentence Report-SEALED.		99-04090
08/10/1999	Order/Procedural	Filed Order/Briefing Schedule. This is an automatic appeal from a judgment of conviction and a sentence of death. To date, appellant has failed to file an opening brief. Appellant shall, within 20 days from the date of this order, file and serve the opening brief or show cause why sanctions should not be imposed against appellant's counsel. Answering brief due: 60 days after service of the opening brief. Reply brief due: 45 days from service of the answering brief. We do not expect requests for extensions of this briefing schedule.		99-07351
08/10/1999	Order/Incoming	Filed District Court Order. Filed certified copy of order filed in district court on August 5, 1999, relieving John Springgate and John Ohlson as counsel for appellant and appointing Janet Cobb Schmuck as counsel for appellant.		99-07387
09/20/1999	Motion	Filed Motion. Motion for Clarification and Expansion of Briefing Schedule.		99-08916
10/01/1999	Order/Procedural	Filed Order Granting Motion. Appellant shall have 70 days from the date of this order to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d).		99-09421
12/09/1999	Brief	Filed Opening Brief. Hand delivered: Reno/Carson Messenger 12/09/99.		99-12375
12/09/1999	Record on Appeal Documents	Filed Record on Appeal Copy. Volume 16. Transcript of Penalty Hearing held march 23, 1999.		99-12379
02/04/2000	Brief	Filed Answering Brief. Mailed on: February 4, 2000.		00-01819
02/04/2000	Motion	Filed Motion. Motion for Transmission of Original Exhibit.		00-01820
02/11/2000	Motion	Filed Response to Motion. Opposition to Motion for Transmission of Original Exhibit.		00-02170
02/22/2000	Order/Procedural	Filed Order Granting Motion. The clerk of the district court shall, within 20 days from the date of this order, certify and transmit to the clerk of this court the videotapes marked as "Exhibit C1" and Exhibit C2" admitted in the proceedings below.		00-02752
02/23/2000	Motion	Filed Motion to Consolidate. Motion for Consolidation of Cases for Purposes of Record on Appeal and for Leave to File Supplemental Appendix. (Nos. 34195 & 34227)		00-02886
03/20/2000	Brief	Filed Reply Brief. Mailed on: Hand delivered 3/20/00 (Reno/Carson).		00-04413
03/22/2000	Order/Procedural	Filed Order Scheduling Oral Argument. The clerk of this court shall schedule this appeal for oral argument in June, 2000 before the en banc court. The argument shall be limited to one (1) hour.		00-04583
03/23/2000	Order/Procedural	Filed Order. Appellant has filed a motion requesting leave to adopt the record on appeal filed in Docket No. 34227 and to utilize that record in lieu of filing a separate appendix in this appeal. fn1[Shawn Russell Harte, the appellant in Docket No. 34227, was appellant Babb's co-defendant in the proceedings below. Harte was convicted of first degree murder and was sentenced to receive the death penalty. Thus, the complete record of the proceedings below was forwarded to this court in Docket No. 34227.] We grant appellant's motion in the following respects. In preparing their briefs, the parties to this appeal may cite to the record on appeal filed in this court in Docket No. 34227. The parties shall file a separate supplemental appendix or appendices containing necessary documents constituting any parts of the district court record of this appeal which are not contained in the record filed in Docket No. 34227. The clerk of this court shall assure that the record on appeal in Docket No. 34227 is retained in this court until such time as this appeal is resolved and the remittitur is issued. Nos. 34195, 34227.		00-04657
04/05/2000	Motion	Filed Motion. Motion in Response to Order Scheduling Oral Arguments.		00-05529
04/21/2000	Order/Procedural	Filed Order Rescheduling Oral Argument. Appellant's counsel has moved to reschedule oral argument. Cause appearing, we grant the motion. The clerk of this court shall schedule this appeal for oral argument in September 2000 before the en banc court. Oral argument will be limited to 60 minutes.		00-06459
07/21/2000	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 1 hour in Carson City on September 14, 2000 at 11:00 a.m. (En Banc)		00-12624
08/31/2000	Notice/Outgoing	Issued Oral Argument Reminder Notice.		00-15345
09/14/2000	Case Status Update	Submitted for Decision. Panel: En Banc.
12/04/2000	Opinion/Dispositional	Filed Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. Young, J., Maupin, J., Shearing, J., Agosti, J., Leavitt, J., Becker, J. Rose, C.J., concurring. 116 Nev. Adv. Opn. No. 112. En Banc.		00-21059
01/03/2001	Remittitur	Issued Remittitur. Returned Exhibits: C1 and C2-Videotapes this day.		00-21243
01/03/2001	Case Status Update	Remittitur Issued/Case Closed.
01/11/2001	Remittitur	Filed Remittitur. Received by County Clerk on January 5, 2001.		00-21243