| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/15/2004 | Filing Fee | Filing Fee Waived. | | |
| 10/15/2004 | 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.) | | 04-19161
|
| 10/27/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 09/16/04, 07/29/04 (2), 04/19/04, 05/13/04, 06/19/03 (5), 05/21/03, 02/11/03, 01/14/03, 10/17/02, and 06/05/01. To Court Reporter: Dianne Prock. | | 04-19868
|
| 11/01/2004 | Docketing Statement | Filed Docketing Statement. | | 04-20021
|
| 12/06/2004 | Letter/Incoming | Filed Letter. (copy) addressed to attorney Marvin Longabaugh from court reporter Leta Haupt regarding the request for transcripts. | | 04-22228
|
| 12/10/2004 | Transcript | Filed Transcript. Proceedings: 4/26/04; 4/27/04; 4/28/04; 4/30/04; 5/10/04; 5/11/04; 5/12/04. Court Reporter: Diann Prock. | | 04-22621
|
| 12/16/2004 | Transcript | Filed Transcript. Proceedings: 7/29/04. Court Reporter: Cindy Caldwell. | | 04-22973
|
| 01/21/2005 | Motion | Filed Motion to Extend Time. | | 05-01379
|
| 01/26/2005 | Transcript | Filed Transcript. Proceedings: 6/5/01, 1/14/03, 2/11/03, 6/19/03, 4/19/04, 4/20/04, 4/21/04, 4/22/04, 4/23/04, 5/3/04, 5/4/04, 5/5/04, 5/7/04. Court Reporter: Peggy Isom. | | 05-01665
|
| 02/16/2005 | Order/Procedural | Filed Order. Regarding Transcripts and Granting Extension of Time. On October 27, 2004, appellant filed a transcript request form requesting court reporter Diann Prock to prepare and file numerous transcripts. fn1[A copy of the transcript request form is attached to this order.] On December 6, 2004, this court received a copy of a letter from court reporter Leta Haupt, addressed to appellant's counsel, explaining issues related to the request for transcripts. fn2[The clerk shall file the letter from Leta Haupt received on December 6, 2004.] Ms. Haupt states that some of the requested transcripts were filed in the district court before the docketing of this appeal and that Ms. Prock was not the court reporter present at some of the proceedings for which transcripts were requested. The transcripts of proceedings conducted on October 17, 2002, May 13, 2004, and September 16, 2004, were filed in the district court prior to the docketing of this appeal in this court. Therefore, appellant improperly requested Ms. Prock to prepare those transcripts. Our review of the district court minutes also indicates that Ms. Prock was not present for any of the other court proceedings referenced in the transcript request form. Accordingly, Ms. Prock is not obligated to prepare and file any additional transcripts with this court. It appears that the only requested transcript that has not yet been filed is that of proceedings held on May 21, 2003. The district court record indicates that court recorder Cindy Caldwell was present for the proceedings on that date. fn3[It appears that Ms. Caldwell was not served with the transcript request form.] Accordingly, Ms. Caldwell shall have 30 days from the date of this order to prepare and file transcripts for proceedings held on May 21, 2003. If more time is needed to complete the preparation of the transcript, Ms. Caldwell shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Caldwell shall notify this court, in writing, of this fact. We admonish appellant's counsel for filing a deficient transcript request form. On January 21, 2005, appellant filed a motion requesting an extension of time to file the opening brief. Specifically, appellant's counsel requests an extension of 60 days 'from the date transcripts are received from Ms. Isom.' fn4[We note that on January 26, 2005, court reporter Margaret Isom filed the requested transcripts for proceedings at which the district court minutes indicate she was present.] Cause appearing, we grant the motion. Appellant shall have until March 30, 2005, to file and serve the opening brief and appendix. Thereafter, briefing will proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 05-03146
|
| 02/16/2005 | Letter/Incoming | Filed Letter. (copy) addressed to attorney Marvin Longabaugh from court reporter Leta Haut regardig the request for transcripts. | | 04-22228
|
| 02/23/2005 | Letter/Incoming | Filed Letter. from Leta Haupt regarding the order filed on 2/16/05. | | 05-03624
|
| 02/28/2005 | Transcript | Filed Transcript. Proceedings: May 21, 2003. Court Reporter: Cindy Caldwell. | | 05-03915
|
| 04/01/2005 | Brief | Filed Opening Brief. | | 05-06417
|
| 04/01/2005 | Notice/Outgoing | Issued Notice of Deficient Appendix. Returned Unfiled Appellant's Appendix. Corrected appendix due: 10 days. | | |
| 04/11/2005 | Brief | Filed Amended Brief. Appellant's Opening Brief. | | 05-07014
|
| 04/11/2005 | Appendix | Filed Appendix to Opening Brief. (Amended). | | 05-07015
|
| 05/10/2005 | Brief | Filed Answering Brief. | | 05-09118
|
| 06/02/2005 | Brief | Filed Reply Brief. | | 05-10869
|
| 10/26/2005 | Notice/Outgoing | Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 13, 2005, at 10:30 a.m. (SNP06-WM/MG/JH) | | |
| 11/28/2005 | Notice/Outgoing | Issued Oral Argument Reminder Notice. | | |
| 12/13/2005 | Letter/Incoming | Filed Letter. from Robert Martinez, Assignment Manager, KVBC Television, requesting that KVBC be nominated for pool camera in the Supreme Court Proceedings on December 13, 2005 in the case of Pascua v. State, No. 44088. | | 05-24273
|
| 12/13/2005 | Order/Procedural | Filed Order. Permission is granted for photographic or electronic media coverage of the aforesaid matter. Robert Martinez of KVBC Television is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. All equipment necessary shall be placed in the courtroom following the conclusion of the oral argument in Docket No. 42348, and before commencement of the hearing in the aforesaid matter. | | 05-24274
|
| 12/13/2005 | Case Status Update | Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH | | |
| 07/07/2006 | Order/Procedural | Filed Order/Submit on Briefs. Order for En Banc Consideration and Submitting for Decision Without Oral Argument. Oral argument was held on December 13, 2005, before the Southern Nevada Panel. We have determined that en banc consideration of this appeal is warranted. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order. | | 06-13983
|
| 07/07/2006 | Case Status Update | Resubmitted for Decision. To the En Banc Court. EN BANC | | |
| 11/09/2006 | Opinion/Dispositional | Filed Authored Opinion. "Affirmed." Before the Court EN BANC. Author: Hardesty, J. We concur: Rose, C.J., Becker, Maupin, Gibbons, Douglas and Parraguirre, JJ. 122 Nev. Adv. Opn. No. 86. EN BANC. | | 06-22952
|
| 12/06/2006 | Remittitur | Issued Remittitur. | | 06-24069
|
| 12/06/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 12/14/2006 | Remittitur | Filed Remittitur. Received by County Clerk on December 8, 2006. | | 06-24069
|