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United States Court Cases

Nevada Supreme/Appellate Court Record

KOERSCHNER VS. STATE C/W 30976

Case Information: 30881
Short Caption:KOERSCHNER VS. STATE C/W 30976Court:Supreme Court
Consolidated:30881*, 30976 Related Case(s): 30976 , 43313 , 45640 , 54718 , 56091 , 59154 , 61398 , 67512 , 67512-COA , 69907 , 69907-COA , 70165 , 70283
Lower Court Case(s):Clark Co. - Eighth Judicial District - C107437Classification:Criminal Appeal - Life - Direct
Disqualifications:BeckerCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:03/29/2000 at 10:30 AMOral Argument Location:Carson City
Submission Date:03/29/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/13/1997Filing Fee Filing Fee Waived.
08/13/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant).
08/15/1997Notice/OutgoingIssued Notice to Confirm as Counsel. to attorney Karen A. Connolly. Due Date: 10 days
08/15/1997Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
08/27/1997Other Other. Received phone call from Lea at Karen Connolly's office notifying Clerk's Office that Ms. Connolly has been out of the country and that the Notice to Confirm as Counsel will be sent out as soon as possible.
09/02/1997Letter/IncomingFiled Letter. Received a letter from attorney Karen A. Connolly, Esq. She represented Allen Koerschner during his trial in district court. Judge Gates granted her motion to withdraw but directed her to file the Notice of Appeal. Christopher Oram was appointed to represent Mr. Koerschner. Therefore, Mr. Oram is the attorney appointed to represent Mr. Koerschner on appeal.
10/28/1997Order/ProceduralFiled Order. Filed Order we direct the clerk to modify the docket in this matter to reflect that attorney Oram represents appellant. Appellant shall within 15 days of the date of this order file and serve the docketing statement and a transcript request form or certificate of no transcript request. Appellant's counsel shall within 15 days from the date of this order submit a certified copy of the case appeal statement filed in the district court. Briefing in this matter shall proceed in accordance with NRAP 31(a)(1). We caution attorney Oram that failure to comply with this order in a timely manner may result in the imposition of sanctions. (Docketing statement mailed to counsel for appellant).
11/19/1997MotionFiled Motion to Consolidate. Motion to Consolidate Appeals for Briefing and Decision. (Nos. 30881 and 30976).
12/10/1997MotionFiled Motion to Extend Time. (Nos. 30881 and 30976).
02/06/1998Order/ProceduralFiled Order/Consolidation. Filed Order we grant appellant's motion to consolidate the above entitled appeals for the purposes of briefing and disposition. We grant appellant's December 10, 1997, motion for an extension of time to file the opening brief. Appellant shall have to and including February 9, 1998, to file and serve a single opening brief and appendix. Thereafter briefing shall proceed in accordance with NRAP 31(a)(1). 1[Appellant has filed a docketing statement, a transcript request form, and a case appeal statement in Docket Number 30976. We vacate that portion of our October 28, 1997, order which directed appellant to file those documents in Docket Number 30881]. (Nos. 30881 and 30976).
02/09/1998MotionFiled Motion to Extend Time. (Nos. 30881 and 30976).
02/18/1998Order/ProceduralFiled Order Granting Motion. Filed Order we grant appellant's motion for an extension of time, to and including March 10, 1998, to file the opening brief. (Nos. 30881 and 30976).
03/10/1998MotionFiled Motion to Extend Time. (Nos. 30881 and 30976).
03/12/1998Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including April 8, 1998, to file the opening brief. No further extensions of time shall be permitted in the absence of extreme and unforeseeable circumstances. (Nos. 30881 and 30976).
04/08/1998MotionFiled Motion to Extend Time. (Nos. 30881 and 30976).
04/17/1998MotionFiled Motion and Order/Excess Pages. Granted: 33 pages. (Nos. 30881 and 30976).
04/17/1998BriefReceived Opening Brief. Mailed on: 4/16/98. (Nos. 30881 and 30976).
04/17/1998AppendixReceived Appendix. Received Appellant's Appendix. (Nos. 30881 and 30976).
08/26/1998Order/ProceduralFiled Order Granting Motion. Filed Order we grant appellant's motion for an extension of time. We direct the clerk of this court to file the opening brief and appendix provisionally submitted on April 17, 1998. Respondent shall within 30 days from the date of this order, file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). (Nos. 30881 and 30976).
08/26/1998BriefFiled Opening Brief. (Nos. 30881 and 30976).
08/26/1998AppendixFiled Appendix to Opening Brief. Filed Appellant's Appendix. (Nos. 30881 and 30976).
09/28/1998MotionFiled Motion to Strike. Motion to Strike Appellant's Opening Brief and Motion to Hold Briefing Schedule in Abeyance. (Nos. 30881 and 30976).
10/14/1998MotionFiled Motion to Extend Time. Motion to file a late Opposition to Respondent's Motion to Strike Appellant's Opening Brief and Motion to Hold Briefing Schedule in Abeyance. (Nos. 30881 and 30976).
10/14/1998MotionReceived Response to Motion. Opposition to Respondent's Motion to Strike Appellant's Opening Brief and Motion to Hold Briefing Schedule in Abeyance. (Nos. 30881 and 30976).
11/17/1998Order/ProceduralFiled Order. Filed Order respondent has filed a motion to strike appellant's opening brief and to hold the briefing schedule in abeyance. Appellant has filed a motion to file a late opposition. We grant appellant's motion and direct the clerk of this court to file forthwith appellant's opposition. We deny respondent's motion to strike appellant's opening brief. However we note that any matters not supported by the appellate record will be disregarded when this court takes these appeals under consideration. Respondent's motion to hold the briefing schedule in abeyance pending the completion of appellant's appendix is denied as moot. Respondent shall, within 30 days from the date of this order, file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). (Nos. 30881 and 30976).
11/17/1998MotionFiled Response to Motion. Opposition to Respondent's Motion to Strike Appellant's Opening Brief and Motion to Hold Briefing Schedule in Abeyance. (Nos. 30881 and 30976).
12/18/1998MotionFiled Motion to Extend Time. (Case Nos. 30881 and 30976).
01/14/1999MotionFiled Motion to Extend Time. (Case Nos. 30881 and 30976).
01/25/1999BriefReceived Answering Brief. Mailed on: Express-No postmark. (Nos. 30881 and 30976).
01/25/1999AppendixReceived Appendix to Answering Brief. Respondent's Appendix. (Nos. 30881 and 30976).
02/19/1999MotionFiled Motion to Extend Time. (Case Nos. 30881 and 30976).
03/04/1999Order/ProceduralFiled Order Granting Motion. Filed Order in the interest of the judicial economy, we grant respondent's motion to file the answering brief. We direct the clerk of this court to file forthwith the answering brief and respondent's appendix, submitted provisionally on January 25, 1999. On January 14, 1999 and February 19, 1999, appellant filed motions for extensions of time to file the reply brief. Because the answering brief had not been filed at the time appellant filed these motions, we deny both motions as premature. Appellant shall, within 30 days from this order, serve and file the reply brief. (Case Nos. 30881 and 30976).
03/04/1999BriefFiled Answering Brief. Original brief filed in No. 30881. (Case Nos. 30881 and 30976).
03/04/1999AppendixFiled Appendix to Answering Brief. Respondent's Appendix. Original appendix filed in No. 30881. (Case Nos. 30881 and 30976).
04/07/1999BriefFiled Reply Brief. Mailed on: Fed-Ex 4/6/99. (Case Nos. 30881 and 30976).
10/06/1999OtherDisqualification of Justice Becker. Past involvement in this case.
02/02/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for March 29, 2000 at the hour of 10:30 a.m. for 1/2 hour in Carson City. (En Banc) (Nos. 30881 and 30976.) 00-01638
03/15/2000Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 30881 and 30976). 00-04122
03/29/2000Case Status Update Submitted for Decision. Before the En Banc Court. RR/CY/WM/MS/DA/ML Nos. 30881/30976
12/04/2000Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court En Banc. By the Court, Maupin, J. We concur: Young J. and Leavitt, J. fn6[I would note my agreement with the points made by Shearing, J., in her separate concurrence. The Honorable Nancy A. Becker, Justice, voluntarily recused herself from participation in the decision of this appeal.] Rose, C.J., concurring. Shearing, J., with whom Agosti, J., agrees, concurring. 116 Nev. Adv. Opn. No. 116. En Banc. Nos. 30881, 30976. 00-21095
12/22/2000Post-Judgment PetitionFiled Petition for Rehearing. Nos. 30881/30976. Mailed on: 12/21/00 Fed Ex. 00-22348
05/07/2001Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." En Banc-WM/CY/MS/DA/RR/ML. Nos. 30881/30976 01-07557
05/23/2001RemittiturIssued Remittitur. 01-08019
05/23/2001Case Status Update Remittitur Issued/Case Closed.
06/21/2001RemittiturFiled Remittitur. Received by County Clerk on May 29, 2001. 01-08019