HUBBARD (CORY) VS. STATE

66185: Case View

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Cases Case Search Participant Search 18-29615: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. 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: 66185 Short Caption: HUBBARD (CORY) VS. STATE Court: Supreme Court Related Case(s): 66185-COA, 74010, 74010-COA, 80630, 80630-COA, 80631, 80631-COA Lower Court Case(s): Clark Co. - Eighth Judicial District - C292507 Classification: Criminal Appeal - Life - Direct Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Oral Argument: 02/05/2018 at 1:30 PM Oral Argument Location: Las Vegas Submission Date: 02/05/2018 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Cory Dealvone Hubbard Patricia M. Erickson (Law Office of Patricia M. Erickson) Brent D. Percival Respondent The State of Nevada Krista D. Barrie (Clark County District Attorney) Adam Paul Laxalt (Attorney General/Carson City) Ofelia L. Monje (Clark County District Attorney) Steven S. Owens (Clark County District Attorney) Charles W. Thoman (Clark County District Attorney) Docket Entries Date Type Description Pending? Document 07/31/2014 Filing Fee Appeal Filing fee waived. Criminal. 07/31/2014 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 14-25035 07/31/2014 Notice/Outgoing Issued Notice to File Case Appeal Statement/Criminal. Due date: 10 days 14-25037 08/06/2014 Notice of Appeal Documents Filed Case Appeal Statement. 14-25729 08/20/2014 Docketing Statement Filed Docketing Statement Criminal Appeals. 14-27534 08/25/2014 Notice/Outgoing Issued Notice to Request Transcripts. Due date: 10 days. 14-27916 09/24/2014 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 9/19/13, 10/15/13, 10/22/13, 10/29/13, 10/31/13, 11/06/13, 11/07/13, 11/14/13, 11/26/13, 12/03/13, 12/05/13, 1/14/14, 1/21/14, 1/23/14, 2/20/14, 1/24/14, 2/20/14, 3/18/14, 4/01/14, 4/08/14, 4/10/14, 4/14/14, 4/15/14, 4/16/14, 4/17/14, 4/21/14, 4/22/14, 6/26/14. To Court Reporter: Bill Nelson. 14-31655 10/15/2014 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 11/07/13 To Court Reporter: Joann Melendez. 14-34345 10/15/2014 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 4/01/14, 4/08/14, 4/10/14, 4/14/14, 4/15/14, 4/16/14, 4/17/14 and 4/22/14. To Court Reporter: Dana Tavaglione. 14-34346 10/15/2014 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 10/15/13, 10/22/13, 10/29/13, 10/31/13, 11/26/13, 1/14/14, 1/21/14 and 4/21/14 To Court Reporter: Robert Cangemi. 14-34348 10/15/2014 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 9/19/13, 9/23/13, 11/14/13, 12/03/13, 12/05/13, 1/23/14, 2/20/14 and 6/26/14 To Court Reporter: Bill Nelson. 14-34349 11/21/2014 Order/Procedural Filed Order. We will take no action on the proper person document received on November 14, 2014. 14-38432 12/15/2014 Transcript Filed Notice from Court Reporter. Dana Tavaglione stating that the requested transcripts were delivered. Dates of transcripts: 4/01/14, 4/08/14, 4/10/14, 4/14/14, 4/15/14, 4/16/14, 4/17/14 and 4/22/14. 14-40768 01/26/2015 Transcript Filed Notice from Court Reporter Robert Cangemi stating that the requested transcripts were delivered. Dates of transcripts: 10/15/13, 10/22/13, 10/29/13, 10/31/13, 11/26/13,and 4/21/14 To Court Reporter: 15-02782 01/26/2015 Order/Procedural Filed Order Conditionally Imposing Sanctions. Conditional sanction of $ 500 due: 15 days or Opening Brief and Appendix due: 11 days. 15-02835 01/30/2015 Motion Filed Request For Additional Time To File Opening Brief and Appendix. 15-03275 02/09/2015 Order/Procedural Filed Order Regarding Transcripts and Granting Motion. Appellant's counsel shall have 5 days from the date of this order to verify that he has provided Ms. Tavaglione and Mr. Cangemi with the correct contact information. Ms. Tavaglione Court Reporter Certificate due: 11 days; Mr. Cangemi and Mr. Nelson's Court Reporter Certificate due: 20 days; If counsel does not receive all transcripts from Ms. Tavaglione, Mr, Cangemi, and Mr, Nelson within the times established by this order he shall so notify this court, in writing within 30 days of the date of this order. Opening Brief and Appendix due: May 6, 2015. 15-04109 02/18/2015 Notice/Incoming Filed Verification fo Contact Information For Forwarding of Transcripts. 15-05357 02/24/2015 Transcript Filed Notice from Court Reporter. Robert A. Cangemi stating that the requested transcripts were delivered. Dates of transcripts: 01/14/14, 01/21/14. 15-05873 02/24/2015 Notice/Incoming Filed Notice from Court Reporter Bill Nelson in regards to this courts order, Explaining he is not responsible for the Transcripts in this case. 15-05908 03/30/2015 Transcript Filed Notice from Court Reporter. Bill Nelson stating that the requested transcripts were delivered. Dates of transcripts: 09/19/13, 11/14/13, 12/03/13, 12/05/13, 01/23/14, 02/20/14, 06/26/14. 15-09463 05/08/2015 Motion Filed Request For Additional Time To File Appellant's Opening Brief And Appendix (Second Request). 15-14079 05/15/2015 Order/Procedural Filed Order Granting Motion in Part. Appellant: Opening Brief and Appendix due: June 29, 2015. 15-14927 06/30/2015 Motion Filed Request for Additional Time to File Appellant's Opening Brief and Appendix (Third Request). 15-19898 07/10/2015 Order/Procedural Filed Order Granting Motion. Opening Brief and appendix due: July 24, 2015. 15-20990 07/27/2015 Motion Filed Motion to Extend Time to File Appellant's Opening Brief by One Hour and Seven Minutes. 15-22573 08/05/2015 Order/Procedural Filed Order Granting Motion. The clerk shall file the opening brief and appendix received on July 24 and 27, 2015. Answering Brief due: 30 days. 15-23655 08/05/2015 Brief Filed Appellant's Opening Brief. 15-23656 08/05/2015 Appendix Filed Appendix to Opening Brief Volumes I-VII. 15-23657 08/11/2015 Appendix Filed CD-ROM for Appendix. Filed on 8/05/15. 08/31/2015 Brief Filed Respondent's Answering Brief. 15-26415 10/02/2015 Motion Filed Appellant's Request for Additional Time to File Appellant's Reply Brief. 15-29905 10/15/2015 Order/Procedural Filed Order Granting Motion. Reply Brief due: October 26, 2015. 15-31332 10/27/2015 Motion Filed Request for Additional Time to File Appellant's Reply Brief (Second Request). 15-32740 11/03/2015 Motion Filed Amended Motion for Additional Time to File Appellant's Reply Brief (2nd Request). 15-33414 11/06/2015 Order/Procedural Filed Order Granting Motion. Reply Brief due: November 17, 2015. 15-33946 11/18/2015 Motion Filed Motion For Additional Time to File Appellant's Reply Brief (Third Request) 15-35196 12/03/2015 Order/Procedural Filed Order Granting Motion. Appellant's motion requesting a third extension of time to file the reply brief is granted. The clerk of this court shall file the reply brief received on November 24, 2015. 15-36859 12/03/2015 Brief Filed Appellant's Reply Brief. 15-36861 12/03/2015 Case Status Update Briefing Completed/To Screening. 01/12/2016 Order/Procedural Filed Order Transferring Case to Court of Appeals. The clerk of this court is directed to assign this appeal to the Court of Appeals of Nevada for disposition. 16-00907 04/01/2016 Order/Dispositional Filed ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. TAO, J., concurring in part and dissenting in part. Court of Appeals-MG/JT/AS. 04/19/2016 Case Status Update Transferred from Court of Appeals. 04/19/2016 Post-Judgment Petition Filed Petition for Review by the Supreme Court. 16-12285 07/22/2016 Order/Procedural Filed Order Directing Response to Petition for Review. Appellant's Response due: 15 days. 16-22804 08/09/2016 Motion Filed Motion for Additional Time to file Appellant's Response to State's Request for Review. 16-24547 08/12/2016 Order/Procedural Filed Order Granting Motion. Appellant's Answer to Petition for Review due: August 29, 2016. 16-25033 08/30/2016 Motion Filed Motion for Additional Time to file Appellant's Response to State's Request for Review (2nd request). 16-26875 09/06/2016 Order/Procedural Filed Order Granting Motion. Appellant's Answer to Petition for Review due: September 13, 2016. 16-27560 09/14/2016 Motion Filed Motion for Additional Time to file Appellant's Response to State's Request for Review (3rd Request). 16-28480 09/26/2016 Order/Procedural Filed Order Granting Motion. Appellant's Answer to Petition for Review due: September 27, 2016. 16-29866 09/26/2016 Post-Judgment Petition Filed Response to State's Petition for Review by Supreme Court. 16-29876 10/21/2016 Post-Judgment Order Filed Order Granting Petition for Review in Part and Directing Supplemental Briefing. The supplemental briefs shall be limited to argument on the issue on which review has been granted. The briefs shall be no longer than 15 pages or 7,000 words and otherwise shall comply with the requirements set forth in NRAP 32(a)(1), (3)?(6), and (9). Appellant shall have 20 days from the date of this order to file and serve his supplemental brief. Respondent shall file and serve its supplemental brief within 20 days after the appellant's supplemental brief is served. fn1[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] 16-33009 11/14/2016 Motion Filed Motion For Additional Time to File Appellant's Supplemental Brief Responsive to the October 21, 2016 Order. 16-35297 11/16/2016 Order/Procedural Filed Order Granting Motion. Supplemental Brief due: December 12, 2016. 16-35793 12/05/2016 Order/Procedural Filed Notice of Voluntary Disclosure. 16-37563 12/13/2016 Motion Filed Motion For Additional Time to File Appellant's Supplemental Brief Responsive to the October 21, 2016 Order (Second Request). 16-38535 01/03/2017 Order/Procedural Filed Order Granting Motion. Appellant's Supplemental Brief due: January 11, 2017. 17-00060 01/11/2017 Motion Filed Motion For Additional Time to File Appellant's Supplemental Brief Responsive to the October 21, 2016 Order (Third Request). 17-01092 01/17/2017 Order/Procedural Filed Order Granting Motion. Supplemental Brief due: January 25, 2017. Respondent shall have 20 days from the date of service of appellant's supplemental brief to file and serve its supplemental brief. 17-01586 01/31/2017 Motion Filed Appellant's Motion to Late File Supplemental Briefing Pursuant to Order Filed on October 21, 2016 17-03375 04/17/2017 Order/Procedural Filed Order Granting Motion. The clerk shall file appellant's supplemental brief received on January 31, 2017. Respondent's Supplemental Brief due: 20 days. 17-12665 04/17/2017 Brief Filed Appellant's Supplemental Brief. 17-12667 05/08/2017 Brief Filed Respondent's Supplemental Brief. 17-15225 05/17/2017 Motion Filed Appellant's Motion for Permission to File a Reply to the Respondent's Supplemental Brief. 17-16629 06/28/2017 Order/Procedural Filed Order Granting Motion. Appellant's Supplemental Reply Brief due: 20 days. 17-21446 07/19/2017 Brief Filed Reply to Respondent's Supplemental Brief. 17-23918 12/13/2017 Order/Clerk's Filed Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar. 17-42936 12/28/2017 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, February 5, 2018, at 1:30 p.m. for 30 minutes in Las Vegas. 17-44826 01/12/2018 Motion Filed Notice of Appearance and Request to Associate Counsel (Patricia M. Erickson) for Appellant. 18-01912 01/22/2018 Notice/Outgoing Issued Oral Argument Reminder Notice. 18-02857 01/25/2018 Motion Filed Respondent's Motion to Reschedule Oral Argument. 18-03618 01/26/2018 Order/Procedural Filed Order Denying Motion to Continue Oral Argument. Oral argument will be held as scheduled on February 5, 2018, at 1:30 p.m. in Las Vegas. 18-03704 01/31/2018 Order/Procedural Filed Order Granting Motion. Appellant's motion to associate attorney Patricia Erickson for purposes of oral argument is granted. The clerk of this court shall add Ms. Erickson to the docket in this appeal. 18-04338 02/05/2018 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 08/02/2018 Opinion/Dispositional Filed Authored Opinion. 'Reversed and remanded." Before the Court En Banc. Author: Cherry, J. Majority: Cherry/Douglas/Gibbons/Parraguirre/Stiglich. Hardesty, J., with whom Pickering, J., agrees, concurring in part and dissenting in part. 134 Nev. Adv. Opn. No. 54. EN BANC 18-29615 08/27/2018 Remittitur Issued Remittitur. 18-33418 08/27/2018 Case Status Update Remittitur Issued/Case Closed. 09/07/2018 Remittitur Filed Remittitur. Received by District Court Clerk on August 31, 2018. 18-33418 Combined Case View