Perez v. State

55817: 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: 55817 Short Caption: PEREZ (NOE) VS. STATE Classification: Criminal Appeal - Life - Direct Lower Court Case(s): Clark Co. - Eighth Judicial District - C253754 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: En Banc Replacement: To SP/Judge: SP Status: Oral Argument: 12/03/2012 at 10:00 AM Oral Argument Location: Regional Justice Center Submission Date: 12/03/2012 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Amicus Curiae Nevada Attorneys for Criminal Justice Robert Arroyo (Special Public Defender) Amicus Curiae Nevada District Attorneys Association Terrence P. McCarthy (Washoe County District Attorney) Appellant Noe Ortega Perez David Lee Phillips Respondent The State of Nevada Catherine Cortez Masto (Attorney General/Carson City) Steven S. Owens (Clark County District Attorney) 13-35850: 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 04/14/2010 Filing Fee Filing Fee Waived. 04/14/2010 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.) 10-09710 04/29/2010 Docketing Statement Filed Docketing Statement. 10-11075 05/06/2010 Notice of Appeal Documents Filed Certified Copy of Notice of Appeal/Proper Person. 10-11637 01/21/2011 Notice/Outgoing Issued Notice to File Transcript Request. Due date: 10 days. 11-02136 01/21/2011 Notice/Outgoing Issued Notice to File Opening Brief and Appendix. Due Date: 60 days. 11-02137 02/10/2011 Order/Procedural Filed Order Conditionally Imposing Sanctions. Conditional sanction of $ 500 due: 15 days or Transcript Request Form due: 10 days. 11-04455 02/18/2011 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 10/8/08, 10/9/09, 10/10/09, 10/12/09, 10/13/09, 10/15/09, 10/16/09, 10/19/09, 10/20/09, 10/21/09, 11/11/09, 1/1/10, 1/12/09, 2/23/10, 3/3/10, 3/9/10, 4/6/10, 4/13/10. To Court Reporter: Kerry Esparza. 11-05235 03/14/2011 Motion Filed Motion to Extend Time to Prepare and File Transcripts. (90) days. 11-07713 03/18/2011 Order/Procedural Filed Order Granting Motion in Part and Regarding Briefing Schedule. Court Reporter Kerry Esparza's Certificate of Delivery due: May 31, 2011. Opening Brief and Appendix due: July 18, 2011. 11-08308 05/23/2011 Transcript Filed Notice from Court Reporter. Kerry Esparza stating that the requested transcripts were delivered. Dates of transcripts: 10/08/09, 10/12/09, 10/13/09, 10/15/09, 10/16/09, 10/19/09, 10/20/09, 10/21/09, 11/10/09, 1/12/10, 2/23/10, 3/04/10, 3/09/10, 4/06/10, and 4/13/10. 11-15091 07/26/2011 Order/Procedural Filed Order. Appellant: Opening Brief and Appendix due: 15 days 11-22496 08/08/2011 Brief Filed Opening Brief. 11-23738 08/23/2011 Order/Procedural Filed Order. Appellant's Appendix due: 15 days. Answering Brief due: 30 days from service of appendix. 11-25689 08/25/2011 Appendix Filed Appendix to Opening Brief. 11-25915 09/26/2011 Motion Filed Motion for Enlargement of Time (Answering Brief). 11-29269 09/26/2011 Notice/Outgoing Issued Notice Motion/Stipulation Approved. The motion to extend time to file answering brief is approved. Due date: October 26, 2011. 11-29271 10/25/2011 Brief Filed Respondent's Answering Brief. 11-32932 10/25/2011 Appendix Filed Respondent's Appendix, Vol. 1. 11-32933 10/25/2011 Appendix Filed Respondent's Appendix, Vol. 2. 11-32934 10/25/2011 Appendix Filed Respondent's Appendix, Vol. 3. 11-32935 10/25/2011 Appendix Filed Respondent's Appendix, Vol. 4. 11-32936 12/15/2011 Order/Procedural Filed Order. Appellant's counsel shall have 15 days from the date of this order to submit a CD-ROM version of the fast track appendix, e-file the appendix, or file a certificate indicating that "submitting a CD-ROM version would constitute extreme hardship." 11-38565 01/04/2012 Other Incoming Document Received five (5) CDs containing appellant's appendix (11-25915). 01/10/2012 Case Status Update Briefing Completed/To Screening. No Reply Brief Filed. 01/27/2012 Order/Procedural Filed Order Submitting for Decision without Oral Argument. 12-02932 01/27/2012 Case Status Update Submitted for Decision. 05/08/2012 Order/Procedural Filed Order Inviting Participation by Amicus Curiae. The Nevada Attorneys for Criminal Justice and the Nevada District Attorneys Association are invited to participate as amicus curiae in this proceeding. Should these organizations elect to participate as amicus curiae, they shall file and serve amicus briefs within 30 days from the date of this order. 12-14424 05/24/2012 Brief Filed Brief of Amicus Curiae - Nevada District Attorney's Association. 12-16440 06/08/2012 Brief Filed Brief of Nevada Attorneys for Criminal Justice as Amicus Curiae in Support of Appellant Noe Ortega Perez and Seeking Reversal. 12-18050 07/18/2012 Motion Filed Emergency Motion to Strike Prayer to Remand by Nevada Attorneys For Criminal Justice/No Authority if it Invites Additional Testimony or Additional Supplementation of Record. 12-22655 08/01/2012 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. Amicus curiae are invited to participate in the oral argument. Argument shall be limited to 1 hour. 12-24183 10/30/2012 Notice/Outgoing Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for Monday, December 3, 2012, @ 10:00 a.m. in Las Vegas. Argument shall be limited to 30 minutes. 12-34124 11/08/2012 Order/Clerk's Filed Order Expanding Time for Oral Argument. Although, the parties were previously informed that oral argument would be limited to 30 minutes, notice is hereby given that the argument shall be 60 minutes. 12-35408 11/19/2012 Notice/Outgoing Issued Oral Argument Reminder Notice. 12-36573 12/03/2012 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 11/27/2013 Opinion/Dispositional Filed Authored Opinion. " Affirmed." Before the Court EN BANC. Author: Parraguirre, J. Majority: Parraguirre/Gibbons/Hardesty/Saitta. Douglas, J., with whom Pickering, C.J., and Cherry, J. concurring in part and dissenting in part. Fn3[We deny Perez's motion to strike NACJ's request for a remand for additional supplementation of the record as moot.] 129 Nev. Adv. Opn. No. 90. EN BANC 13-35850 12/23/2013 Remittitur Issued Remittitur. 13-38908 12/23/2013 Case Status Update Remittitur Issued/Case Closed 01/09/2014 Remittitur Filed Remittitur. Received by District Court Clerk on December 30, 2013. 13-38908