Watson v. State

56721: Case View
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Case Information: 56721
Short Caption:WATSON, III (JOHN) VS. STATE (DEATH PENALTY/DIRECT)Classification:Criminal Appeal - Death Penalty - Direct
Related Case(s):53681
Lower Court Case(s):Clark Co. - Eighth Judicial District - C230024Case Status:Remittitur Issued/Case Closed
Disqualifications:Panel Assigned: En Banc
Replacement:
To SP/Judge:SP Status:
Oral Argument:01/08/2014 at 1:30 PMOral Argument Location:Carson City
Submission Date:01/08/2014How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
AppellantJohn Matthias Watson, IIIHoward Brooks (Clark County Public Defender)
Stephanie Kice
Kristina M. Wildeveld
RespondentThe State of NevadaCatherine Cortez Masto (Attorney General/Carson City)
Ryan J. MacDonald (Clark County District Attorney)
Steven S. Owens (Clark County District Attorney)

14-32731: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600.
Docket Entries
DateTypeDescriptionPending?Document
08/30/2010Notice of Appeal DocumentsFiled certified copy of Notice of Appeal. Documents submitted by district court clerk pursuant to SCR 250 6 (a).10-22295
08/30/2010Filing FeeFiling fee waived.
09/27/2010Record on Appeal DocumentsFiled Record on Appeal. Volumes 1-16. (Via FTP).10-24688
09/30/2010Record on Appeal DocumentsFiled District Court Documents. Presentence Investigation Report. (SEALED).
12/09/2010Letter/IncomingReceived Proper Person Letter.
01/21/2011MotionFiled Motion. Motion to Withdraw as Attorney in These Proceedings. Counsel for Appellant Stephanie Kice.11-02126
01/26/2011Order/ProceduralFiled Counsel for appellant shall have 20 days to provide the documentation necessary to comply with NRAP 46(d)(3).11-02582
01/31/2011MotionReceived Proper Person Motion. Opposition to Withdraw as Attorney in These Proceedings. FILED PER ORDER OF 3/3/11.
02/01/2011Order/ProceduralFiled Order. Opening Brief due: 10 days.11-03197
02/09/2011OtherReceived Returned Mail. Order filed 1/26/11 addressed to John Matthias Watson, III. Per NDOC, John M. Watson is now located at NSP. Address updated and Order mailed to new address.
02/14/2011MotionFiled Counsel's Second Motion to Withdraw as Attorney in These Proceedings. Counsel for Appellant Stephanie Kice.11-04778
02/14/2011MotionFiled Appellant Watson's Motion for Extension of Time Due to Current Counsel's Filing of Motion to Withdraw.11-04779
03/04/2011Order/ProceduralFiled Order. The motion to withdraw as counsel for appellant is granted. Appellant is still represented by Patrick E. McDonald. Opening brief due 60 days. Fn1 [ Although appellant has not sought or been granted leave to file documents in this matter in proper person, NRAP 46(b), we direct the clerk of this court to file the opposition received on January 31, 2011.]11-06798
03/04/2011MotionFiled Proper Person Opposition to Withdraw as Attorney in These Proceedings.11-02982
03/11/2011MotionFiled Motion to Withdraw as Attorney of Record for Appellant.11-07604
03/18/2011Order/ProceduralFiled Order. We defer ruling on counsel's motion to withdraw to allow him to supplement the motion. Counsel's supplement due: 20 days.11-08321
03/23/2011Notice/IncomingReceived Proper Person Memorandum.
04/06/2011MotionFiled Supplement to Motion to Withdraw as Attorney of Record.11-10201
04/14/2011Order/ProceduralFiled Order Granting Motion to Withdraw as Counsel. The clerk of this court shall remove Mr. McDonald as counsel of record for appellant. We remand this matter to the district court for the limited purpose of securing counsel. District Court Order due 35 days. Briefing suspended.11-11254
05/20/2011Notice of Appeal DocumentsFiled district court minutes appointing Kristina Wildeveld as counsel for appellant.11-14893
06/08/2011Order/ProceduralFiled Order Reinstating Briefing. Opening Brief and Appendix due: 90 days.11-16814
06/08/2011Letter/IncomingFiled Letter in Response to Order Reinstating Briefing Dated June 8, 2011.11-16908
06/10/2011Order/ProceduralFiled Order Regarding Counsel and Setting Briefing Schedule. We direct the clerk of this court to remove attorney Kristina Wildeveld as counsel of record for appellant. The Clark County Public Defender's Office is now counsel of record for appellant. Opening Brief due: 90 days.11-17343
08/31/2011MotionFiled Motion - Notice of Status of Case & Motion to Continue The Date For Filing of Opening Brief in this Death Penalty Case.11-26603
09/02/2011Order/ProceduralFiled Order Granting Motion--Opening Brief and Appendix due: December 7, 2011.11-26825
09/28/2011Notice/IncomingReceived Proper Person Memorandum.
10/06/2011Order/ProceduralFiled Order. We note that ineffective-assistance-of-counsel claims will only be addressed on direct appeal where "there has already been an evidentiary hearing or where an evidentiary hearing would be unnecessary." This court will consider and resolve the appeal as promptly as our calendar and caseload permit.11-30613
12/07/2011MotionFiled Appellant's Motion to Continue The Date for Filing of Opening Brief in Death Penalty Case.11-37535
12/19/2011Order/ProceduralFiled Order Granting Motion. Appellant: Opening Brief and Appendix due: February 6, 2012.11-38886
02/06/2012MotionFiled Appellant's Motion to Continue The Date for Filing of Opening Brief in This Death Penalty Case.12-03919
02/13/2012Order/ProceduralFiled Order Granting Motion. Appellant shall have until March 22, 2012, to file and serve the opening brief and appendix.12-04708
03/22/2012MotionFiled Motion to Disqualify District Attorney's Office.12-09128
03/22/2012BriefFiled Opening Brief.12-09129
03/29/2012MotionFiled Motion for Extension of Time Respond to Motion to Disqualify Clark County District Attorney's Office.12-10016
04/02/2012Order/ProceduralFiled Order Granting Motion. Respondent: Response to the motion for disqualification due: April 12, 2012.12-10187
04/11/2012MotionFiled Opposition to Motion to Disqualify.12-11596
05/10/2012Order/ProceduralFiled Order Denying Motion. Appellant has filed a motion to disqualify Clark County District Attorney Steven Wolfson and the District Attorney's Office from representing the State in this appeal. The motion is denied.12-14915
05/21/2012MotionFiled Motion to Extend Time to File Answering Brief.12-15945
05/22/2012Order/ProceduralFiled Order respondent shall have until July 20, 2012, to file and serve the answering brief.12-16172
06/28/2012Letter/IncomingReceived Proper Person Letter re: Transcript Request to the Supreme Court.
07/20/2012MotionFiled Motion for Enlargement of Time Second Request.12-22914
07/27/2012Order/ProceduralFiled Order Granting Motion. Respondent: Answering Brief due: September 18, 2012.12-23828
08/03/2012Order/ProceduralFiled Order Denying Motion. As to appellant's request that this court direct counsel to deliver a copy of appellant's case file to him, no remedy is available for that request at this time.12-24524
08/06/2012Notice/IncomingReceived Proper Person Notice - Habeas Corpus Ad Testificandum. (RETURNED UNFILED PER ORDER 8/16/12)
08/16/2012Order/ProceduralFiled Order Denying Motion. The clerk of this court shall return, unfiled, the proper person motion received on August 6, 2012. Appellant should address all concerns regarding this appeal to counsel and shall proceed through counsel in the prosecution of this appeal.12-25905
09/18/2012BriefFiled Respondent's Answering Brief.12-29507
11/02/2012MotionFiled Appellant's Motion to Continue The Date for Filing of Reply brief in this Death Penalty Case.12-34733
11/05/2012Order/ProceduralFiled Order Granting Motion. Reply brief due: January 2, 2013.12-34859
01/02/2013BriefFiled Reply Brief.13-00064
01/02/2013Case Status UpdateBriefing Completed/To Screening.
10/28/2013Order/ProceduralFiled Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the en banc court on the next available calendar.13-32228
11/12/2013Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Wednesday, January 8, 2014, at 1:30 p.m. in Carson City, for 60 minutes.13-33714
11/13/2013Notice/IncomingFiled Notice of Appearance for Oral Argument (Howard Brooks will appear on behalf of appellant at Oral Argument scheduled for 1:30pm on January 8, 2014).13-34072
12/17/2013Notice/OutgoingIssued Oral Argument Reminder Notice.13-38251
12/31/2013Order/ProceduralFiled Statement Pursuant to NRS 177.267.13-39677
01/08/2014Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
01/21/2014BriefFiled Notice of Supplemental Authorities.14-02027
01/31/2014BriefFiled Response to State's Notice of Supplemental Authorities Filed January 21, 2014, Which Provided Incorrect Information to the Court.14-03300
10/02/2014Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court En Banc. Author: Gibbons, C.J. Majority: Gibbons/Pickering/Hardesty/Parraguirre/Douglas. Cherry and Saitta, JJ., dissenting in part. 130 Nev. Adv. Opn. No. 76. EN BANC14-32731
10/15/2014MotionFiled Notice of Intent to Seek Rehearing and Motion for Ten Day Extension to File Rehearing.14-34187
10/16/2014Order/ProceduralFiled Order Granting Motion. Appellant shall have until October 30, 2014, to file and serve a petition for rehearing.14-34443
10/27/2014Notice/IncomingFiled Appellant Watson's Notice of Intent to Not File a Petition for Rehearing.14-35720
11/04/2014RemittiturIssued Remittitur.14-36401
11/04/2014Case Status UpdateRemittitur Issued/Case Closed