Afzali v. State

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Case Information: 54019
Short Caption:	AFZALI (SHAFIQ) VS. STATE	Classification:	Criminal Appeal - Life - Direct
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C234995	Case Status:	Remittitur Recalled/Case Reinstated
Disqualifications:		Panel Assigned:	En Banc
Replacement:
To SP/Judge:		SP Status:
Oral Argument:	03/14/2012 at 2:00 PM	Oral Argument Location:	Carson City
Submission Date:	03/14/2012	How Submitted:

+ Party Information
Role	Party Name	Represented By
Appellant	Shafiq Ahmed Afzali	Howard Brooks (Clark County Public Defender) Sharon G Dickinson (Clark County Public Defender)
Respondent	The State of Nevada	Parker P. Brooks (Clark County District Attorney) Catherine Cortez Masto (Attorney General/Carson City) Steven S. Owens (Clark County District Attorney)

+ Due Items
Due Date	Status	Due Item	Due From
11/26/2014	Open	District Court Order	Lower Court Clerk

14-17301: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600.

Docket Entries
Date	Type	Description	Pending?	Document
06/22/2009	Filing Fee	Filing Fee Waived.
06/22/2009	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.)		09-15451
07/08/2009	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 7/11/07, 7/25/07, 8/1/07, 8/9/07, 8/22/07, 8/23/07, 8/28/07, 9/5/07, 9/6/07, 1/8/08, 7/25/08, 9/9/08, 12/2/08, 1/8/09, 3/5/09, 3/12/09, 3/13/09, 3/16/09, 3/17/09, 3/18/09, 3/19/09, 3/20/09, 3/23/09, 5/12/09 and 5/21/09. To Court Reporters: Beverly Sigurnik, Kiara Schmidt, Kristen Lunkwitz, Lee Bahr, Richard Kangas, Bill Nelson and Jackie Nelson.		09-16777
07/08/2009	Docketing Statement	Filed Docketing Statement.		09-16778
07/27/2009	Transcript	Filed Notice from Court Reporter. Richard Kangas stating that the requested transcripts were delivered. Dates of transcripts: 8/22/07, 7/25/08. (7/11/07-B. Sigurnik, 7/25/08-K. Lunkwitz)		09-18297
08/04/2009	Transcript	Filed Notice from Court Reporter. Kiara Schmidt stating that the requested transcripts were delivered. Dates of transcripts: 7/25/07, 8/1/07, 9/5/07.		09-18980
09/02/2009	Transcript	Filed Notice from Court Reporter. Bill Nelson stating that the requested transcripts were delivered. Dates of transcripts: 8/23/07, 9/06/07, 1/08/08, 12/02/08, 1/08/09, 3/05/09, and 5/12/09.		09-21369
09/25/2009	Transcript	Filed Notice from Court Reporter. Bill Nelson stating that the requested transcripts were delivered. Dates of transcripts: 3/17/09, 3/18/09, 3/19/09, and 3/23/09.		09-23511
10/19/2009	Motion	Filed Stipulation. Stipulation for Thirty Days to File Opening Brief.		09-25341
10/19/2009	Notice/Outgoing	Filed Notice Motion/Stipulation Approved. Opening Brief due date: November 19, 2009.		09-25342
11/19/2009	Motion	Filed Motion to Extend Time. Motion for Extension of Time Due to Missing Transcripts		09-28256
11/19/2009	Motion	Filed Motion to Extend Time. Amended Motion for Extension of Time Due to Missing Transcripts		09-28257
11/20/2009	Order/Procedural	Filed Order. Granting Motion. Opening Brief and Appendix due: February 17, 2010.		09-28356
12/04/2009	Transcript	Filed Notice from Court Reporter. Jackie Jennelle stating that the requested transcripts were delivered. Dates of transcripts: 08/28/07.		09-29362
02/17/2010	Motion	Filed Motion to Extend Time. Motion for Extension of Time to File OB		10-04182
02/25/2010	Order/Procedural	Filed Order. Granting Motion and Regarding Transcripts. Opening brief and appendix due May 3, 2010. Mr. Nelson: certificate of acknowledgment due: 15 days.		10-05076
03/23/2010	Order/Procedural	Filed Order. Regarding Transcripts. Court Reporter Bill Nelson's Certificate of Delivery due: 10 days.		10-07608
04/01/2010	Notice/Incoming	Filed Notice. Copy of this court's order filed 03/23/10 from court reporter Bill Nelson with handwritten notes and highlights.		10-08498
04/02/2010	Order/Procedural	Filed Order. Regarding Transcripts. Court Reporter Jackie Jenelle shall have 10 days from the date of this order to inform this court if she was not the court reporter present for the district court proceedings in this matter on September 9, 2008. If Ms. Jennelle was the court reporter present for those proceedings, she shall have 30 days from the date of this order to file the transcript, deliver the transcript to the counsel, and file a certificate in this court acknowledging its delivery. fn1[A copy of the transcript request from is attached to this order.]		10-08673
04/13/2010	Letter/Incoming	Filed Letter. From Jackie Jannelle stating she was not the Court Reporter for proceeding 9/9/08. (In response to Order filed 4/2/10)		10-09678
05/03/2010	Motion	Filed Motion to Extend Time. Motion For Extension of Time Due to Missing Transcripts and Other Reasons. (90) days.		10-11342
05/06/2010	Order/Procedural	Filed Order. Regarding District Court Minutes and Granting Motion for Extension of Time.The district court shall have 20 days from the date of this order to determine which court reporter was present on September 9, 2008, and inform this court whether the minutes attached to this order are correct or provide this court with the corrected minutes for the date at issue. Appellant: Opeing Brief and Appendix due August 2, 2010.		10-11752
05/19/2010	Notice of Appeal Documents	Filed District Court Minutes. (In response to Order 5/6/10)		10-13052
05/21/2010	Order/Procedural	Filed Order. Based on the amended minutes for the proceedings in district court on September 9, 2008, identifying court reporter Joey D'Amato as the court reporter for that proceeding, appellant shall have 10 days from the date of this order to file and serve a transcript request form for that proceeding. fn1[A copy of the amended minutes is attached.]		10-13272
05/21/2010	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 9/09/08. To Court Reporter: Joe D'Amato.		10-13338
06/14/2010	Transcript	Filed Notice from Court Reporter. Joe D'Amato stating that the requested transcripts were delivered. Dates of transcripts: 9/09/08.		10-15428
06/14/2010	Transcript	Filed Rough Draft Transcript of Proceedings. Proceedings: 9/09/08. Court Reporter: Joseph D'Amato.		10-15429
08/02/2010	Motion	Filed Motion to Extend Time.		10-19954
08/06/2010	Order/Procedural	Filed Order. Granting Motion. Opening Brief and Appendix due: September 16, 2010.		10-20395
09/16/2010	Motion	Filed Motion to Extend Time Motion for Extension of Time Due to Need for Clarification of Exhibits.		10-23872
10/04/2010	Order/Procedural	Filed Order Granting Motion for Extension of Time. Opening brief and appendix due 11/1/10.		10-25522
11/01/2010	Motion	Filed Motion for Extension of Time Due to An Evidentiary Hearing Being Scheduled.		10-28513
11/08/2010	Order/Procedural	Filed Order Granting Motion. Opening Brief and Appendix due: December 1, 2010.		10-29190
12/01/2010	Motion	Filed Motion to Extend Time. Appellant's Motion for Extension of Time Due to Evidentiary Hearing Being Scheduled for 01-06-11 To Clarify The Record On Appeal and Decide Defendant's Motion for a New Trial.		10-31226
12/13/2010	Order/Procedural	Filed Order Suspending Briefing. Status Report due: 60 days.		10-32500
02/09/2011	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 1/11/11 and 2/03/11. To Court Reporters: Robert Cangemi/Bill Nelson.		11-04276
02/11/2011	Notice/Incoming	Filed Status Report. Appellant's Status Report Re: District Court Decision Resolving Motion for New Trial and Motion for Correction of the Record.		11-04629
02/14/2011	Order/Procedural	Filed Order Reinstating Briefing. Opening Brief and Appendix due: 60 days.		11-04811
02/22/2011	Transcript	Filed Notice from Court Reporter. Robert Cangemi stating that the requested transcripts were delivered. Dates of transcripts: 1/11/11.		11-05513
02/28/2011	Transcript	Filed Notice from Court Reporter. Bill Nelson stating that the requested transcripts were delivered. Dates of transcripts: 2/03/11.		11-06061
03/31/2011	Motion	Filed Appellant Afzali's Motion for Leave to File Opening Brief in Excess of 30 Pages.		11-09773
03/31/2011	Brief	Received Opening Brief - (via e-flex). (FILED PER ORDER 04/01/2011).
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol I.		11-09778
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol II.		11-09781
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol III.		11-09782
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol IV.		11-09783
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol V.		11-09784
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol VI.		11-09785
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol VII.		11-09788
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol VIII.		11-09789
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol IX.		11-09790
03/31/2011	Appendix	Filed Appendix to Opening Brief Appellant's Appendix - Vol X		11-09791
04/01/2011	Order/Procedural	Filed Order Granting Motion. The clerk of this court shall file the opening brief received via E-Flex on March 31, 2011. Answering Brief due: 30 days.		11-09840
04/01/2011	Brief	Filed Appellant's Opening Brief.		11-09841
05/02/2011	Motion	Filed Motion for Extension of Time to File Answering Brief (First Request).		11-12872
05/02/2011	Notice/Outgoing	Issued Notice - Motion Approved. Answering Brief due: June 1, 2011.		11-12878
06/02/2011	Motion	Filed Motion for Extension of Time to file Answering Brief. (Second Request)		11-16100
06/03/2011	Order/Procedural	Filed Order Granting Motion. Respondent: Answering Brief due July 1, 2011.		11-16319
07/05/2011	Motion	Filed Motion for Leave to File 49 Page Answering Brief.		11-19705
07/05/2011	Notice/Outgoing	Issued Notice Motion Approved. Allowed to File a 49 page Answering Brief.		11-19707
07/05/2011	Brief	Filed Respondent's Answering Brief.		11-19708
07/05/2011	Motion	Filed Motion Requesting Transmittal of Exhibits Pursuant to NRAP 30(d).		11-19712
07/28/2011	Notice of Appeal Documents	Filed District Court Exhibit List.		11-22699
07/29/2011	Order/Procedural	Filed Order Granting Motion and Directing the District Court Clerk to Transmit Original Exhibit, Plaintiff's Exhibit 38. Exhibit due: 30 days.		11-22844
08/04/2011	Motion	Filed Stipulation for Extension of Time to File Reply Brief.		11-23514
08/04/2011	Notice/Outgoing	Issued Notice - Stipulation Approved. Reply Brief due: September 2, 2011.		11-23516
08/09/2011	Exhibit	Filed Exhibit - ORIGINAL - Plaintiff's Exhibit 38: CD-ROM Labeled State's Exhibit 38. (Submitted under SEAL).
09/02/2011	Motion	Filed Appellant's Motion for 31 Day Extension of Time to File Reply Brief.		11-26901
09/06/2011	Order/Procedural	Filed Order Granting Motion. Appellant: Reply Brief due: October 3, 2011.		11-27001
10/04/2011	Motion	Filed Appellant Afzali's Motion For Leave to File Reply Brief in Excess of 15 Pages.		11-30139
10/04/2011	Motion	Filed Appellant's Motion for Leave to Supplement Appendix Upon Receipt of Transcript Alternatively Motion to Extend Time to File the Reply Brief and Reply Appendix Due to Missing Transcript.		11-30140
10/04/2011	Brief	Received Reply Brief (via E-Flex).
10/04/2011	Appendix	Filed Appendix to Reply Brief.		11-30224
10/11/2011	Motion	Filed Response to Motion for Leave to File Supplement Appendix.		11-31277
10/17/2011	Motion	Filed Update on Appellant's Motion for Leave to Supplement Appendix.		11-32002
10/20/2011	Appendix	Received Amended Appendix to Reply Brief (missing transcripts included) (via E-Flex).
10/31/2011	Order/Procedural	Filed Order Granting Motions. The clerk of this court shall file the reply brief received via E-Flex on October 4, 2011, and the amended appendix to the reply brief received via E-Flex on October 20, 2011.		11-33501
10/31/2011	Brief	Filed Reply Brief.		11-33503
10/31/2011	Appendix	Filed Amended Appendix To Reply Brief.		11-33506
10/31/2011	Case Status Update	Briefing Completed/To Screening.
01/27/2012	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral argument is scheduled for March 15, 2012, at 10:00 a.m. in Carson City for 30 minutes before the NNP12C Panel.		12-02978
02/15/2012	Order/Clerk's	Filed Order Changing Scheduled Date and Time for Oral Argument. Oral argument is rescheduled to Wednesday, March 14, 2012, at 2:00 p.m. before the Northern Panel in Carson City.		12-05010
02/16/2012	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 14, 2012, at 2:00 pm.		12-05181
02/29/2012	Notice/Outgoing	Issued Oral Argument Reminder Notice.		12-06441
03/14/2012	Case Status Update	Oral argument held this day. Case submitted for decision to the Northern Nevada Panel. NNP12C MC/KP/JH.
03/16/2012	Motion	Filed Appellant's Motion Asking to File Supplemental Points to Correct and Clarify the Record Regarding Facts Discussed During Oral Argument.		12-08521
03/16/2012	Brief	Received Appellant's Supplemental Brief of Points to Correct and Clarify the Record Regarding Facts Discussed During Oral Argument (via E-Flex). (FILE PER 3/29/12 ORDER).
03/29/2012	Order/Procedural	Filed Order Granting Motion to File Supplemental Brief. The clerk of this court is directed to file the supplemental brief received on March 16, 2012. Respondent: 10 days to file a supplemental brief in response limited to 10 pages.		12-09970
03/29/2012	Brief	Filed Appellant's Supplemental Brief of Points to Correct and Clarify the Record Regarding Facts Discussed During Oral Argument.		12-09971
04/09/2012	Brief	Filed Respondent's Supplemental Answering Brief of Points to Correct and Clarify the Record Regarding Facts Discussed During Oral Argument.		12-11237
04/13/2012	Motion	Filed Appellant's Motion for Leave To File Reply To Respondent's Answering Brief to Supplemental Briefing.		12-11949
04/13/2012	Motion	Received Reply to State's Answer to Supplemental Briefing (via E-Flex). (FILED PER ORDER 4/18/12)
04/17/2012	Motion	Filed Opposition to Motion for Leave to File Reply.		12-12371
04/18/2012	Order/Procedural	Filed Order Granting Motion. The clerk of this court shall file the reply received via E-Flex in April 13, 2012.		12-12450
04/18/2012	Brief	Filed Reply to State's Answer to Supplemental Briefing.		12-12451
05/29/2014	Opinion/Dispositional	Filed Authored Opinion. "Remanded." Before the Court EN BANC. Author: Hardesty, J. Majority: Hardesty/Gibbons/Pickering/Parraguirre/Douglas/Cherry/Saitta. 130 Nev. Adv. Opn. No. 34. EN BANC		14-17301
06/23/2014	Remittitur	Issued Remittitur. (REMITTITUR RECALLED PER ORDER 7/7/14).		14-20605
06/23/2014	Case Status Update	Remittitur Issued/Case Closed.
07/03/2014	Remittitur	Filed Remittitur. Received by District Court Clerk on June 26, 2014. (REMITTITUR RECALLED PER ORDER 7/7/14).		14-20605
07/07/2014	Order/Procedural	Filed Order Recalling Remittitur and Reinstating Appeal.		14-21948
09/05/2014	Notice/Outgoing	Issued Letter to Publishers with corrections to recently filed opinions. Letter dated August 29, 2014. Nos. 61024/61791/59121/60181/60490/60566/62129/63034/54019/57934/62512/58968. (Letter entered in 61024/61791 as document no. 14-29426.)
09/19/2014	Order/Incoming	Filed District court order. Copy of minute order requesting additional time in regards to the Supreme Court Order. filed in districtCourt on 9/18/14.		14-31243
09/24/2014	Order/Procedural	Filed Order. We extend the time for the district court to comply. The district court shall have until November 26, 2014, to complete the proceedings on remand and enter an appropriate written order.		14-31713

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