State v. Kincade

61262: Case View

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Cases Case Search Participant Search Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 61262 Short Caption: STATE VS. KINCADE (MICHAEL) C/W 61263 Classification: Criminal Appeal - Other - Suppression Consolidated: 61262*, 61263 Related Case(s): 63563 Lower Court Case(s): Lincoln Co. - Seventh Judicial District - CR1036011 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: En Banc Replacement: To SP/Judge: SP Status: Oral Argument: 09/09/2013 at 10:30 AM Oral Argument Location: Carson City Submission Date: 09/09/2013 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant The State of Nevada Catherine Cortez Masto (Attorney General/Carson City) Daniel Mink Hooge (Lincoln County District Attorney) Respondent Michael Alan Kincade Dylan V. Frehner 13-39245: 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 07/13/2012 Filing Fee Appeal Filing fee waived. Criminal. 07/13/2012 Other Incoming Document Filed Notice of Appeal from Order Granting Motion to Suppress. (Filed by the Lincoln Co. DA). 12-22066 07/30/2012 Notice of Appeal Documents Filed Notice of Appeal from Grant of Motion to Suppress. (Filed by Lincoln Co. Clerk). 12-23949 08/01/2012 Order/Procedural Filed Order. Appellant: 10 days to file points and authorities. Respondent: 10 days thereafter to file opposing points and authorities. Briefing is suspended. 12-24252 08/16/2012 Motion Filed Response to Order for Points and Authorities. 12-25803 08/16/2012 Appendix Filed Appendix Vols 1 & 2. 12-25804 08/29/2012 Motion Filed Opposition to Appellant's Response to Order. 12-27488 11/14/2012 Order/Procedural Filed Order Consolidating Appeals and Directing Full Briefing. Appellant shall have 30 days to file a single opening brief. 12-36070 12/14/2012 Brief Filed Appellant's Opening Brief. 12-39532 12/14/2012 Appendix Filed Supplemental Appendix to Opening Brief. 12-39537 01/15/2013 Brief Filed Respondent's Answering Brief. Nos. 61262/61263. 13-01540 02/15/2013 Brief Filed Reply Brief. Nos. 61262/61263. 13-04879 02/15/2013 Case Status Update Briefing Completed/To Screening. 06/26/2013 Order/Procedural Filed 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. Nos. 61262/61263. 13-18767 07/26/2013 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for Monday, September 9, 2013, @ 10:30 a.m. in Carson City. Argument shall be limited to 30 minutes. Nos. 61262/61263. 13-22181 08/23/2013 Order/Procedural Filed Order. These cases are currently scheduled for oral argument on September 9, 2013, at 10:30 a.m. Counsel should be prepared specifically to address: (1) whether some of the evidence presented was stale, namely, the allegations by Kincade's ex-wife that she saw images of nude children and the psychiatric report wherein Kincade stated he was addicted to adult pornography; and (2) if this evidence was not stale, how did the affidavit show that it was not? Nos. 61262/61263. 13-25035 08/27/2013 Notice/Outgoing Issued Oral Argument Reminder Notice. Nos. 61262/61263. 13-25278 09/09/2013 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. Nos. 61262/61263 12/26/2013 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Parraguirre, J. Majority: Parraguirre/Pickering/Gibbons/ HardestyDouglas/Cherry/Saitta. 129 Nev. Adv. Opn. No. 102. Nos. 61262/61263 13-39245 01/21/2014 Remittitur Issued Remittitur. 14-01928 01/21/2014 Case Status Update Remittitur Issued/Case Closed. 01/31/2014 Remittitur Filed Remittitur. Received by County Clerk on January 24, 2014. 14-01928