| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 09/18/2002 | Filing Fee | Filing Fee Waived. | | |
| 09/18/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 02-16283
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| 10/03/2002 | Motion | Filed Motion to Extend Time. | | 02-17149
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| 10/03/2002 | Motion | Filed Motion to Extend Time. Appellant's Motion for Extension of Time to File Request for Transcripts. | | 02-17157
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| 10/09/2002 | Order/Procedural | Filed Order Granting Motion. filed October 3, 2002. Appellant shall have until November 4, 2002, to file and serve the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. | | 02-17465
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| 11/04/2002 | Motion | Filed Motion to Extend Time. Appellant's Motion for Extension of Time to File Request for Transcripts. | | 02-18928
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| 11/04/2002 | Motion | Filed Motion to Extend Time. | | 02-18929
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| 11/21/2002 | Order/Procedural | Filed Order Granting Motion. filed November 4, 2002. Appellant shall have until January 3, 2003, to file and serve the docketing statement and either a transcript request form or a certificate that no transcripts are being requested. | | 02-20092
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| 01/06/2003 | Docketing Statement | Filed Docketing Statement. | | 03-00201
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 04/04/94, 10/03/94, 12/15/94, 01/03/95. To Court Reporter: Anita Springs-Walker. | | 03-00202
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 05/25/95. To Court Reporter: Joyce Brown. | | 03-00212
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 02/03/94, 04/04/94, 04/21/94, 10/03/94, 12/15/94, 01/03/95. To Court Reporter: Patricia Lofft. | | 03-00213
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 11/25/98, 05/17/99, 05/27/99, 09/08/99, 11/30/99. To Court Reporter: Cathy Nelson. | | 03-00214
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 08/31/93, 09/07/03, 12/22/93. To Court Reporter: Russell Garcia. | | 03-00216
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 03/22/93, 09/07/93. To Court Reporter: Sharon Thielman. | | 03-00217
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 02/24/93, 03/01/93, 03/10/93, 09/07/93. To Court Reporter: Donna Little. | | 03-00218
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 09/12/01. To Court Reporter: Renee Silvaggio. | | 03-00219
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 01/24/94. To Court Reporter: Alice Eastgate. | | 03-00220
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| 01/06/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 01/19/00, 01/31/00, 03/09/00, 06/22/00. To Court Reporter: Tina Smith. | | 03-00222
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| 01/06/2003 | Other | Disqualification of Justice Gibbons. Sat in district court proceedings. | | |
| 01/09/2003 | Letter/Incoming | Filed Letter. copy letter addressed to Cal J. Potter from Court Reporter Sharleen Nicholson regarding transcripts. | | 03-00479
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| 01/15/2003 | Transcript | Filed Transcript. Proceedings: 01/19/00; 01/31/00; and 06/22/00. Court Reporter: Tina Smith. | | 03-00793
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| 01/17/2003 | Transcript | Filed Transcript. Proceedings: 11/25/98; 5/17/99; 5/27/99; 9/8/99; 11/30/99. Court Reporter: Cathy Nelson. | | 03-00989
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| 03/10/2003 | Transcript | Filed Transcript. Proceedings: 8/31/93, 12/22/93. Court Reporter: Russell A. Garcia. | | 03-03981
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| 03/18/2003 | Order/Procedural | Filed Order. On January 6, 2003, appellant filed ten different Transcript Request Forms. Each form was directed to a different court reporter requesting the preparation of transcripts for proceedings held on various dates. On January 9, 2003, court reporter Sharleen Nicholson submitted a copy of a letter she wrote to appellant's counsel, Cal J. Potter, informing him that the transcript for one of the dates requested, January 24, 1994, is not available. In the event Mr. Potter believes that transcript is essential to this appeal but is unable to obtain a copy of the transcript, we direct Mr. Potter's attention to NRAP 9(d), which addresses such a circumstance. A review of the district court docket reveals that many of the requested transcripts were filed in the district court prior to the docketing of this appeal. Pursuant to NRAP 10 and 30, any such transcripts should be copied and included in the appendix to the opening brief and should not have been requested in the transcript request forms filed on January 6, 2003. We direct appellant to review the district court record to determine which transcripts should be included in the appendix to the opening brief. If it is necessary to request preparation of additional transcripts which will not be included in the appendix, appellant shall file an amended transcript request form within 15 days from the date of this order. If no additional transcripts are required to be prepared, appellant shall file a certificate indicating that no transcripts are being requested within the same time period. Further, the court reporters identified in the transcript request forms filed on January 6, 2003, shall not prepare the designated transcripts. If appellant does request the preparation of any transcripts in an amended transcript form, however, the court reporter responsible for the requested transcript(s) shall strictly comply with the filing deadlines of NRAP 9(b), or inform this court in writing within that time limitation if the transcripts cannot be prepared in a timely manner. To date, appellant has not filed a brief or a motion for an extension of time. In light of this order addressing the preparation of transcripts for this appeal, appellant shall file and serve the opening brief and appendix within 60 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-04555
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| 03/21/2003 | Letter/Incoming | Filed Letter. from Court Reporter Cat Nelson regarding transcripts. | | 03-04889
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| 03/26/2003 | Letter/Incoming | Filed Letter. from Court Reporter Alice F. Eastgate regarding transcripts. | | 03-05104
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| 04/02/2003 | Motion | Filed Motion. Appellant Flanagan's Motion to Vacate Briefing Schedule. | | 03-05569
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| 04/02/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Amended Request. Transcripts requested: 02/24/93; 03/01/93; 03/10/93. To Court Reporter: Donna Little. | | 03-05571
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| 04/02/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Amended Request. Transcripts requested: 3/22/1993. To Court Reporter: Sharon Thieflman. | | 03-05575
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| 04/02/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Amended Request. Transcripts requested: 10/03/94 & 12/15/94. To Court Reporter: Anita Springs-Walker. | | 03-05576
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| 08/01/2003 | Transcript | Filed Transcript. Proceedings: September 12, 2001. Court Reporter: Renee Silvaggio. | | 03-13003
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| 03/02/2004 | Order/Procedural | Filed Order. of Limited Remand. This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus in a death penalty case. Although this appeal was filed in this court on September 18, 2002, briefing in this matter has been unable to proceed due to the absence of certain transcripts from the record on file with the clerk of the district court. Appellant has requested this court to vacate the latest briefing schedule established by this court until transcripts of several proceedings can be prepared, filed in the district court, and included in appellant's appendix. Due to the incomplete state of the record on file in the district court and the uncertainties regarding the court reporters' or recorders' ability to reproduce any missing transcripts, this appeal is hereby remanded to the district court pursuant to SCR 250(8)(b) for the limited purpose of clarifying, assembling, and settling upon an adequate record. Appellant shall have 10 days from the date of this order within which to prepare, file in the district court, and serve upon counsel for the State a memorandum specifying the transcripts or other parts of the record which are necessary for this appeal, but which appellant has been unable to review or obtain for inclusion in appellant's appendix. The State shall have 10 days thereafter within which to file in the district court and serve upon counsel for appellant a memorandum indicating whether the State is in possession of any of the documents or transcripts comprising the missing parts of the record which appellant has been unable to locate. Within 30 days from the date of this order, the district court shall conduct such proceedings as are necessary to determine precisely what parts of the original record are missing from the original file in the district court and to settle upon and approve a reconstructed record. Within 45 days of the date of this order, the district court shall file with the clerk of this court an order setting forth its findings regarding any missing portions of the district court record and the steps taken to reconstruct, settle and approve the record. The briefing schedule in this appeal is hereby suspended until further order of this court. fn3[We deny as moot appellant's motion to vacate the briefing schedule.] | | 04-03909
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| 06/01/2004 | Record on Appeal Documents | Filed Record on Appeal Copy. (Including letter from Clark Co. Clerk enclosing a certified copy of a memorandum as well as the minutes for the hearing held 5/27/04 regarding settlement of the record.] | | 04-09968
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| 06/09/2004 | Motion | Filed Motion to Extend Time. Motion to Extend Remand to District Court. | | 04-10727
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| 06/11/2004 | Order/Procedural | Filed Order Granting Motion. filed June 9, 2004. The parties and the district court shall have an additional 30 days from the date of this order within which to comply with the directives in our prior order of March 2, 2004. | | 04-10814
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| 07/13/2004 | Motion | Filed Motion to Extend Time. Second Motion to Extend Remand to District Court. | | 04-12758
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| 07/19/2004 | Order/Procedural | Filed Order Granting Motion. filed July 13, 2004. On March 2, 2004, this court entered an order of limited remand directing the parties and the court below to settle upon and approve a reconstructed record on or before April 16, 2004. The parties and the district court shall have an additional 60 days from the date of this order to comply with the directives in our prior order of March 2, 2004. | | 04-13060
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| 07/20/2004 | Motion | Filed Response to Motion. State's Response to Defendant's Second Motion to Extend Remand to District Court. | | 04-13201
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| 09/27/2004 | Motion | Filed Motion to Extend Time. Third Motion to Extend Remand to District Court. | | 04-17867
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| 10/06/2004 | Order/Procedural | Filed Order Granting Motion. filed September 27, 2004. The parties and the district court shall have an additional 60 days from the date of this order within which to comply with the directives in our prior order of March 2, 2004. | | 04-18463
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| 12/06/2004 | Motion | Filed Motion to Extend Time. Fourth Motion to Extend Remand to District Court. | | 04-22193
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| 04/25/2005 | Order/Procedural | Filed Order. Directing Filing of Supplemental Points and Authorities. Appellant has now requested a fourth extension of time. For the reasons set forth below, we defer ruling on appellant's request. Appellant's counsel shall have 20 days from the date of this order to file in this court a supplemental motion containing support documentation and argument specifically enumerating the records or transcripts he has been unable to obtain. The State shall have 20 days from the date of service of appellant's supplemental points and authorities to file a response. | | 05-08075
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| 05/13/2005 | Motion | Filed Response to Order to Show Cause. Appellant's Response to Order Directing Filing of Supplemental Points & Authorities. | | 05-09368
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| 05/24/2005 | Order/Procedural | Filed Order. Directing Supplemental Filing and Reinstating Briefing. On May 13, 2005, appellant's out-of-state counsel filed a response to our order. Appellant's Nevada counsel of record, Cal J. Potter, II, shall have 10 days from the date of this order to file in this court a signed response containing a certified copy of the stipulation referenced by out-of-state counsel. We conclude based on the response submitted on May 13, 2005, that further proceedings in the district court respecting reconstruction of the record are not warranted. Briefing in this appeal shall be promptly reinstated. Appellant shall have 60 days from the date of this order to file and serve an opening brief and appendix. Thereafter, briefing shall proceed in accordance with the schedule set forth in NRAP 31. | | 05-10200
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| 05/25/2005 | Motion | Filed Response to Order to Show Cause. State's Response to Order Directing Filing of Supplemental Points and Authorities. | | 05-10275
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| 06/06/2005 | Motion | Filed Response to Order to Show Cause. Local Counsel for Appellant's Response to Court's Order of May 24, 2005. | | 05-11033
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| 07/25/2005 | Motion | Filed Motion for Excess Pages. | | 05-14750
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| 07/25/2005 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 34. | | 05-14752
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| 07/27/2005 | Order/Procedural | Filed Order Denying Motion. Appellant has moved this court for permission to file a 126-page opening brief. This court has concluded that a brief of no more than 80 pages will provide appellant an ample and fair opportunity to fully brief the matters at issue in this appeal. Appellant's motion to file the 126-page brief is hereby denied. The clerk of this court shall return the proposed opening brief to appellant's counsel unfiled. Appellant shall have 30 days from the date of this order to file and serve a revised brief of no more than 80 pages. The State shall have 30 days thereafter to file and serve an answering brief of no more than 80 pages. Appellant shall file and serve a reply brief of no more than 30 pages within 30 days of service of the State's brief. | | 05-14906
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| 07/28/2005 | Motion | Filed Response to Motion. Opposition to Motion for Leave to File Over-Length Brief. (This is a motion for leave to file an opposition.) | | 05-15013
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| 07/29/2005 | Order/Procedural | Filed Order Denying Motion. as Moot. The State filed a motion on July 28,2 005, seeking leave to file an opposition to appellant's motion for leave to file an over-length brief. This court denied appellant's motion on July 27, 2005, and directed appellant to file and serve a brief of nor more than 80 pages. We deny as moot the State's motion of July 28, 2005. | | 05-15131
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| 08/29/2005 | Brief | Filed Opening Brief. | | 05-17169
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| 09/28/2005 | Motion | Filed Motion to Extend Time. | | 05-19296
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| 10/07/2005 | Order/Procedural | Filed Order Granting Motion. filed September 28, 2005. Respondent shall have until October 31, 2005, to file and serve the answering brief. | | 05-19905
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| 11/02/2005 | Motion | Filed Motion for Excess Pages. Motion for Leave to File 64 Page Answering Brief. | | 05-21585
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| 11/07/2005 | Order/Procedural | Filed Order Denying Motion. requesting permission to file a 64-page answering brief as Moot. On July 27, 2005, this court entered an order grant the state to file a brief of no more than 80 pages. The clerk shall file the 64-page answering brief received on November 2, 2005. | | 05-21874
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| 11/07/2005 | Brief | Filed Answering Brief. | | 05-21586
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| 11/30/2005 | Motion | Filed Motion to Extend Time. | | 05-23481
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| 12/09/2005 | Order/Procedural | Filed Order Granting Motion. Reply brief due: January 23, 2006. | | 05-24082
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| 01/23/2006 | Appendix | Filed Appendix to Reply Brief. Volume 35. | | 06-01580
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| 01/26/2006 | Brief | Filed Reply Brief. | | 06-02024
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| 01/26/2006 | Appendix | Filed Appendix to Reply Brief. Additional copy of Volume 35. | | 06-01580
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| 01/26/2006 | Case Status Update | Submitted for Decision. | | |
| 12/21/2006 | Brief | Filed Supplemental Authorities. Appellant's Syupplemental Memorandum. | | 06-26224
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| 01/02/2007 | Brief | Filed Supplemental Authorities. Respondent's Supplemental Memorandum. | | 07-00069
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| 02/14/2007 | Notice/Outgoing | Issued Notice of Justice Disqualification. Voluntary recusal of Justice Douglas from participation in this matter. Sat in district court proceedings. | | 07-03623
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| 03/12/2007 | Motion | Filed Motion. Appellant's Motion for Leave to File a Supplemental Brief and Issue. | | 07-05756
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| 03/12/2007 | Brief | Received Supplemental Brief. Appellant' s Supplemental Opening Brief Addressing Aiding and Abetting Instructions. | | 07-05757
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| 03/20/2007 | Motion | Filed Response to Motion. States Opposition to Appellant's Motion for Leave to File a Supplemental Brief and Issue. | | 07-06321
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| 04/05/2007 | Order/Procedural | Filed Order Granting Motion. Appellant has moved this court for permission to file a 5-page supplemental opening brief. Because Mitchell was not decided until after the initial briefing in this matter was completed, this court has concluded that the supplemental brief may be filed. The clerk shall file the supplemental opening brief provisionally submitted by appellant on March 12, 2007. The State shall have 20 days from the date of this order to file a supplemental answering brief. | | 07-07652
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| 04/05/2007 | Brief | Filed Supplemental Brief. Appellant's Supplemental Opening Brief Addressing Aiding and Abetting Instructions. | | 07-05757
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| 04/30/2007 | Brief | Filed Supplemental Brief. Respondent's Supplemental Answering Brief. | | 07-09633
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| 07/06/2007 | Order/Procedural | Filed Order Scheduling Oral Argument. This appeal was previously submitted on the briefs and record filed herein. We have subsequently determined, however, that oral argument would be of assistance in the disposition of this appeal. Accordingly, the clerk of this court shall schedule this appeal for oral argument before En Banc Court on the next available calendar. The argument shall be limited to 60 minutes. | | 07-14746
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| 07/13/2007 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on September 4, 2007, at 1:00 p.m. (En Banc) | | 07-15211
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| 07/30/2007 | Motion | Filed Motion. Appellant Flanagan's Motion to Postpone Oral Argument. | | 07-16741
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| 08/07/2007 | Order/Procedural | Filed Order. Continuing Oral Argument. We vacate the oral argument presently scheduled for 9/4/07 and direct the clerk of this court to schedule this appeal for oral argument before the En Banc Court on the next available calendar. Argument shall be limited to 60 minutes. | | 07-17322
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| 09/19/2007 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on November 6, 2007 at 1:30 p.m. (En Banc) | | 07-20732
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| 10/12/2007 | Brief | Filed Supplemental Authorities. Appellant's Third Supplemental Memorandum. | | 07-22639
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| 10/23/2007 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | 07-23327
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| 10/29/2007 | Brief | Filed Supplemental Brief. Respondent's Third Supplemental Answering Brief. | | 07-23704
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| 11/06/2007 | Case Status Update | Submitted for Decision. Before the En Banc Court. | | |
| 02/22/2008 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Fn41 [The Honorable Mark Gibbons, Justice, and the Honorable Michael L. Douglas, Justice did not participate in the decision of this matter.] EN BANC-WM/JH/RP/MC/NS. | | 08-04372
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| 03/18/2008 | Remittitur | Issued Remittitur. | | 08-04977
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| 03/18/2008 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 03/21/2008 | Remittitur | Filed Remittitur. Received by County Clerk on March 18, 2008. | | 08-04977
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