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United States Court Cases

Nevada Supreme/Appellate Court Record

CASTEEL (DION) VS. STATE

Case Information: 42436
Short Caption:CASTEEL (DION) VS. STATECourt:Supreme Court
Related Case(s): 50486 , 53976
Lower Court Case(s):Clark Co. - Eighth Judicial District - C190362Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:12/15/2005 at 11:00 AMOral Argument Location:Carson City
Submission Date:12/15/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/04/2003Filing Fee Filing Fee Waived.
12/04/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 03-20191
12/18/2003Order/ProceduralFiled Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from appointment or appearance of counsel the district court clerk shall transmit to this court a copy of the district court's written or minute order, and serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance in this court. fn1[All filing deadlines shall commence to run from the date on which counsel is required to enter an appearance in this court.] 03-21057
01/22/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Amendment to Notice of Appeal. 04-01325
03/01/2004Notice/OutgoingIssued Notice to Appointed Counsel. Docketing statement due: 15 days. Request for transcripts: 15 days. Opening brief: 120 days
03/11/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 07/28/03 and 07/29/03. To Court Reporter: Tom Mercer. 04-04594
03/11/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 07/16/03. To Court Reporter: Kristine Cornelius. 04-04595
03/15/2004Letter/IncomingFiled Letter. from court reporter Janice Liston. The transcript requested on March 8, 2004, was filed on July 28, 2003. 04-04870
03/18/2004Docketing StatementFiled Docketing Statement. 04-05179
03/29/2004Order/ProceduralFiled Order. Re: Transcripts. On March 15, 2004, court recorder Janice Liston submitted a letter informing this court that the July 16, 2003, transcript was filed in the district court on July 28, 2003, before the docketing of this appeal. fn1[The clerk shall file Ms. Liston's letter.] We conclude that neither Ms. Cornelius nor Ms. Liston are obligated to file a certified copy of the July 16, 2003, transcript with this court. Pursuant to NRAP 10(b) and NRAP 30(b)(1), the appendix may contain copies of transcripts that were filed in the district court prior to the docketing of an appeal. Accordingly, if appellant will be citing to the July 16, 2003, transcript in his opening brief, appellant shall include a file-stamped copy of that transcript in his appendix to the opening brief. 04-05769
03/29/2004Letter/IncomingFiled Letter. from court reporter Janice Liston. The transcript requested on March 8, 2004, was filed on July 28, 2003. 04-04870
04/02/2004TranscriptFiled Transcript. Proceedings: 07/28/03 and 07/29/03. Court Reporter: Tom Mercer. 04-06112
06/28/2004MotionFiled Stipulation and Order. Brief due: July 28, 2004. 04-11821
07/28/2004MotionFiled Motion to Extend Time. 04-13734
08/30/2004MotionFiled Motion to Extend Time. 04-15747
09/02/2004TranscriptFiled Transcript. Proceedings: 9/18/03. Court Reporter: Tom Mercer. 04-15992
09/29/2004MotionFiled Motion to Extend Time. 04-18038
10/05/2004MotionFiled Motion for Excess Pages. Motion for Leave to File 40 Page Brief. 04-18398
10/05/2004BriefReceived Opening Brief. 04-18399
10/05/2004AppendixReceived Appendix to Opening Brief. Vols. 1 and 2. 04-18400
10/08/2004Order/ProceduralFiled Order. Granting Motions and filing Opening Brief and Appendix. The clerk of this court shall file the 40-page opening brief and the appendix received on October 5, 2004. Respondent shall have 30 days from the date of this order to file and serve the answering brief. 04-18701
10/08/2004BriefFiled Opening Brief. 04-18399
10/08/2004AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. 04-18400
11/08/2004BriefFiled Answering Brief. 04-20597
11/29/2004MotionFiled Motion. Motion to Withdraw Due to Conflict of Interest, Alternatively, Motion for Permission to Remain as Attorney of Record in the Above-Entitled Case. 04-21757
11/29/2004MotionFiled Motion to Extend Time. 04-21759
12/08/2004MotionFiled Motion. Motion for Leave to File Supplement to Motion to Withdraw due to Conflict of Interest, Alternatively, Motion for Permission to Remain as Attorney of Record in the Above-Entitled Case. 04-22404
12/08/2004Other Other. Received Supplement to Motion to Withdraw due to Conflict of Interest, Alternatively, Motion for Permission to Remain as Attorney of Record in the Above-Entitled Case. 04-22405
12/10/2004Other Other. Received Addendum to Supplement to Motion to Withdraw due to Conflict of Interest, Alternatively, Motion for Permision to Remain as Attorney of Record in the Above Entitled Case. 04-22622
12/16/2004MotionFiled Response to Motion. State's Response to Defendant's Motion to Withdraw due to Conflict of Interest, Alternatively, Motion for Permission to Remain as Attorney of Record in the Above Entitled Case. 04-22959
04/26/2005Order/ProceduralFiled Order. Denying Motions to Withdraw and Granting Alternative Motions for Permission to Remain as Counsel of Record. fn1[We grant the unopposed motions of December 8, 2004, to file supplements to the motions.] We conclude that Deputy Public Defender Sharon G. Dickinson may continue as counsel of record in these appeals. We grant Ms. Dickinson's alternative motions for permission to remain as attorney of record and deny her motions to withdraw. fn3[We grant appellants' motions for extensions of time in the briefing schedule. Counsel shall have 30 days from the date of this order to file the reply brief in Docket No. 42436. Counsel shall have 30 days form the date of this order to file the opening brief in Docket No. 43310.] Nos. 42436 / 43310 – cases are not consolidated. 05-08175
04/26/2005Other Other. Filed Supplement to Motion to Withdraw due to Conflict of Interest, Alternatively, Motion for Permission to Remain as Attorney of Record in the Above-Entitled Case. 04-22405
04/26/2005Other Other. Filed Addendum to Supplement to Motion to Withdraw due to Conflict of Interest, Alternatively, Motion for Permission to Remain as Attorney of Record in the Above Entitled Case. 04-22622
06/02/2005MotionFiled Motion and Order/Excess Pages. Granted: 33 pages. 05-10877
06/02/2005BriefFiled Reply Brief. 05-10878
06/28/2005Notice/IncomingFiled Errata. Appellant's Errata to Opening Brief and Reply Brief. 05-12769
06/28/2005MotionFiled Motion. Appellant's Motion for Leave to File Supplemental Brief. 05-12815
07/13/2005Order/ProceduralFiled Order. Regarding Supplemental Authorities. Appellant has filed a motion for leave to file a supplemental brief. We grant appellant's motion. The clerk shall file the proposed supplemental brief submitted on June 28, 2005. Respondent shall have 10 days to file and serve a responsive supplemental memorandum, if respondent deems such a response necessary. 05-13946
07/13/2005BriefFiled Supplemental Brief. Appellant's Supplemental Reply Brief (supplemental memorandum). 05-12816
07/25/2005BriefFiled Supplemental Authorities. Responsive Supplemental Memorandum - EXHIBITS TO RESPONSIVE SUPPLEMENTAL MEMORANDUM STRICKEN PER ORDER FILED 8/10/05. 05-14739
07/29/2005MotionFiled Motion to Strike. 05-15115
08/09/2005MotionFiled Response to Motion. Opposition to Motion to Strike. 05-15724
08/10/2005Order/ProceduralFiled Order. Accordingly, we grant appellant's motion to strike in part. We direct the clerk to strike the exhibits to the responsive supplemental memorandum filed on July 25, 2005. In the interest of judicial efficiency, we decline to strike the responsive supplemental memorandum in its entirety. However, because this court cannot consider matters not properly appearing in the appellate record, in resolving this appeal we will disregard all references to the stricken exhibits 05-15784
10/27/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 15, 2005, at 11:00 a.m. (SNP06-WM/MG/JH)
12/01/2005Notice/OutgoingIssued Oral Argument Reminder Notice.
12/05/2005MotionFiled Motion. Motion for Leave to File Appellant's Second Supplemental Brief. 05-23753
12/05/2005BriefReceived Supplemental Brief. Appellant's Second Supplemental Brief. 05-23754
12/06/2005Order/ProceduralFiled Order. Regarding Supplemental Authorities. The clerk shall file the second supplemental brief received on December 5, 2005. Respondent shall file and serve a responsive supplemental memorandum in person or by facsimile transmission by 5:00 p.m. on December 9, 2005, if respondent deems such a response necessary. 05-23890
12/06/2005BriefFiled Supplemental Brief. Appellant's Second Supplemental Brief. 05-23754
12/09/2005BriefFiled Supplemental Brief. Respondent's Answer to Appellant's Second Supplemental Brief. 05-24155
12/09/2005AppendixFiled Appendix to Answering Brief. (Respondent's Appendix to Supplemental Answering Brief.) 05-24156
12/15/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH
12/15/2005Notice/OutgoingIssued Letter. to the Clark County Clerk to certify and transmit to the clerk of this court the following exhibits introduced on July 29, 2003: (1) P14-26/EXH 14-26 ) Polaroid Photos; (2) P58/Audio Tape; and (3) P59/Audio Tape. 05-24458
12/19/2005Order/Procedural Order. Supplemental brief from respondent due: 15 days. Appellant shall have 7 days thereafter to file a response to the supplemental brief. Respondent may file a reply within 7 days after the filing appellant's response. 05-24652
01/05/2006BriefFiled Supplemental Brief. Respondent's Supplemental Brief Addressing the Limited Issue of Third Party Consent to Search Under the Fourth Amendment Raised in Appellant's Reply Brief. 06-00236
01/17/2006BriefFiled Supplemental Brief. Appellant's Reply to Respondent's Supplemental Brief Addressing the Limited Issue of Third Party Consent to Search Under the Fourth Amendment and Nevada Constitution Raised in Appellant's Reply Brief. 06-01130
02/09/2006BriefFiled Supplemental Brief. Respondent's Reply to Appellant's Reply to Respondent's Supplemental Brief Addressing the Limited Issue of Third Party Consent to Search Under the Fourth Amendment Raised in Appellant's Reply Brief. 06-02526
02/09/2006AppendixFiled Appendix to Answering Brief. 06-02528
02/10/2006MotionFiled Motion to Extend Time. 06-03033
02/14/2006Order/ProceduralFiled Order Denying Motion. Respondent's supplemental reply brief and appendix having been filed on February 9, 2006, we deny respondent's motion to extend time as moot. 06-03248
03/30/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before Maupin, Gibbons and Hardesty, JJ. Author: Maupin, J. We concur: Gibbons and Hardesty, JJ. 122 Nev. Adv. Opn. No. 32. SNP06. 06-06668
04/13/2006MotionFiled Motion for Excess Pages. Motion to File 14 Page Petition for Rehearing. 06-07809
04/17/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the petition for rehearing received on April 13, 2006. 06-08066
04/17/2006Post-Judgment PetitionFiled Petition for Rehearing. 06-07810
05/17/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 06-10340
05/30/2006Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 06-11315
06/12/2006Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC 06-12221
06/13/2006RemittiturIssued Remittitur. Returned Exhibits: (1) P14-26/EXH 14-26 (13 Polaroid Photos); (2) P58/Audio Tape; and (3) P59/Audio Tape this day. 06-10570
06/13/2006Case Status Update Remittitur Issued/Case Closed.
06/19/2006MotionFiled Motion. Motion to Recall and for Stay of Remittitur pending Application for Certiorari. 06-12773
06/22/2006RemittiturFiled Remittitur. Received by County Clerk on June 15, 2006. 06-10570
07/27/2006Order/ProceduralFiled Order Denying Motion. Appellant has filed a "Motion to Recall and for Stay of Remittitur Pending Application for Certiorari." No good cause apeparing, we deny the motion. 06-15665
09/19/2006Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed September 8, 2006, and placed on the docket as Case No. 06-6440. 06-19280
01/17/2007Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 07-01194