Case Information: 41566
Short Caption:	ROSKY (JOHN) VS. STATE	Court:	Supreme Court
		Related Case(s):	47407, 58007, 60145, 68220, 68220-COA, 73376, 73376-COA, 77171, 77171-COA, 77538, 79255, 79255-COA, 81796, 81969, 81969-COA, 83866, 83866-COA
Lower Court Case(s):	Washoe Co. - Second Judicial District - CR000678	Classification:	Criminal Appeal - Life - Direct
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	Panel
To SP/Judge:		SP Status:
Oral Argument:	01/18/2005 at 11:30 AM	Oral Argument Location:	Carson City
Submission Date:	01/18/2005	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	John H. Rosky	Kay Ellen Armstrong
Respondent	The State of Nevada	Attorney General/Carson City Joseph R. Plater (Washoe County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
06/12/2003	Filing Fee	Filing Fee Waived.
06/12/2003	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.		03-09847
07/09/2003	Order/Procedural	Filed Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. Otherwise, the district court shall order that, within thirty 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellant's counsel. Thereafter, counsel shall have ten (10) days within which to file a notice of appearance with the clerk of this court. fn2-[All filing deadlines, including those set forth in NRAP 9, NRAP 14, and NRAP 31(a)(1), shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court.]		03-11476
10/02/2003	Order/Incoming	Filed District Court Order. Certified copy of Order Denying Motion for Appointment of Counsel filed in district court on July 8, 2003.		03-16413
10/02/2003	Order/Incoming	Filed District Court Order. Certified copy of Order Requiring Appellant to Retain Counsel filed in district court on August 27, 2003.		03-16414
11/04/2003	Order/Procedural	Filed Order. Order Re: Counsel on Appeal. The district court shall have 20 days from the date of this order to resolve appellant's motion to proceed in forma pauperis. If appellant is indigent, the district court shall immediately appoint counsel to represent appellant in this court. If the district court determines that appellant is not indigent, it shall direct appellant to retain appellate counsel within 30 days of the date of the district court's denial of the motion. Within 5 days from appointment or appearance of counsel, the district court clerk shall transmit to this court a copy of the district court's written or minute order, and serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court. fn1[All filing deadlines, including those set forth in NRAP 9, NRAP 14, and NRAP 31(a)(1), shall commence to run from the date on which counsel is required to enter an appearance in this court.]		03-18327
11/25/2003	Order/Incoming	Filed District Court Order. Certified copy of order filed in district court on November 21, 2003, appointing Kay Ellen Armstrong as counsel for appellant.		03-19708
12/02/2003	Notice/Incoming	Filed Notice of Appearance. Representing appellant: Kay Ellen Armstrong. (Docketing Statement sent to counsel for appellant.)		03-20039
12/16/2003	Motion	Filed Motion to Extend Time.		03-20956
12/22/2003	Order/Clerk's	Filed Clerk's Order Granting Motion. filed December 16, 2003. Appellant shall have 10 days from the date of this order to file and serve the docketing statement.		03-21188
12/23/2003	Motion	Filed Motion to Extend Time. Amended Request for Extension of Time to File Docketing Statement.		03-21384
12/30/2003	Order/Procedural	Filed Order Granting Motion. filed December 23, 2003. Appellant shall have 15 days from the date of this order to file the docketing statement. Failure to timely file the docketing statement may result in the imposition of sanctions.		03-21638
12/31/2003	Motion	Filed Motion to Extend Time. Second Amended Request for Extension of Time to File Docketing Statement.		03-21691
01/09/2004	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 04/14/03-04/16/03, 04/10/03 and 01/23/03. To Court Reporter: D. Vieira.		04-00608
01/15/2004	Docketing Statement	Filed Docketing Statement.		04-00879
01/20/2004	Order/Clerk's	Filed Clerk's Order. as Moot. On December 31, 2003, appellant filed a "Second Amended Request for Extension of Time to File docketing Statement." Because appellant's docketing statement was timely filed on January 15, 2004, appellant's motion for an extension of time is denied as moot.		04-01093
02/05/2004	Transcript	Filed Transcript. Proceedings: April 14, 2003, Volumes 1 and 2 and April 16, 2003. Court Reporter: Debbie Vieira.		04-02313
03/01/2004	Transcript	Filed Transcript. Proceedings: 1/23/03 and 4/16/03. Court Reporter: Debbie Vieira.		04-03885
03/19/2004	Order/Procedural	Filed Order. Re: Transcripts. To date, court reporter Debbie Vieira has not filed the transcript for proceedings conducted on April 10, 2003. We note, however, that our review of the district court minute entries indicates that court reporter 'L. Stubbs' and not Ms. Vieira was present at the April 10, 2003, proceeding. Accordingly, we conclude that Ms. Vieira is not obligated to produce the April 10, 2003, transcript. Because appellant did not serve court reporter Stubbs with a copy of the transcript request form, court reporter Stubbs is also not required to file the April 10, 2003, transcript. See NRAP 9(a). Accordingly, if appellant will be citing to the April 10, 2003, transcript, appellant shall, within 10 days from the date of this order, file and properly serve a supplemental transcript request form that requests the preparation and filing of the April 10, 2003, transcript.		04-05222
03/26/2004	Transcript	Filed Transcript. Proceedings: April 10, 2003. Court Reporter: Evelyn J. Stubbs.		04-05704
03/29/2004	Transcript Request	Filed Request for Transcript of Proceedings. Supplemental Request for Transcript of Proceedings. Transcripts requested: 04/10/03 (Pre-trial motions). To Court Reporter: Lynn Stubbs.		04-05783
03/31/2004	Motion	Filed Motion and Order Extending Time. Brief due: April 30, 2004.		04-05995
04/30/2004	Brief	Filed Opening Brief.		04-07990
04/30/2004	Appendix	Filed Appendix to Opening Brief.		04-07991
05/19/2004	Motion	Filed Motion. Motion for Order for Transmission of Exhibit.		04-09304
06/02/2004	Brief	Filed Answering Brief.		04-10117
06/02/2004	Appendix	Filed Appendix to Answering Brief.		04-10118
06/29/2004	Order/Procedural	Filed Order. Directing Transmission of Exhibit. The clerk of the district court shall, within 30 days from the date of this order, certify and transmit the original exhibit identified as Exhibit 19, "Videotape of interview of John Rosky," admitted in District Court Case No. CR00-0678 on April 14, 2003.		04-11870
07/02/2004	Brief	Filed Reply Brief.		04-12215
07/12/2004	Exhibit	Filed Exhibits (copies). Exhibits: 19 (Videotape - Interview of John Rosky, February 16, 2000).		04-12634
09/08/2004	Notice/Outgoing	Issued Letter. to District Court Clerk regarding Transmission of Exhibits.
09/15/2004	Exhibit	Filed Exhibits (copies). Exhibits: State's 22--Audiotape; State's 23--minutes and transcript; State's 24--Audiotape.		04-16941
11/23/2004	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 18, 2005, at 11:30 a.m. (NNP05-WM/MD/RP)
01/04/2005	Notice/Outgoing	Issued Oral Argument Reminder Notice.
01/18/2005	Case Status Update	Submitted for Decision. Before the Northern Nevada Panel. NNP05-WM/MD/RP
05/26/2005	Opinion/Dispositional	Filed Authored Opinion. "Affirmed in part, reversed in part and remanded." Before Maupin, Douglas and Parraguirre, JJ. Author: Maupin, J. We concur: Douglas and Parraguirre, JJ. 121 Nev. Adv. Opn. No. 22. NNP05		05-10344
06/21/2005	Remittitur	Issued Remittitur. Returned Exhibits: 19 (Videotape - Interview of John Rosky, February 16, 2000). State's 22--audiotape; State's 23--minutes and transcript; State's 24--audiotape this day.		05-10785
06/21/2005	Case Status Update	Remittitur Issued/Case Closed.
07/22/2005	Remittitur	Filed Remittitur. Received by District Court Clerk on June 23, 2005.		05-10785
07/03/2013	Notice/Outgoing	Issued Letter to John Rosky in response to his request for copies.		13-19499