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United States Court Cases

Nevada Supreme/Appellate Court Record

ROSE (JEFF) VS. STATE

Case Information: 44398
Short Caption:ROSE (JEFF) VS. STATECourt:Supreme Court
Related Case(s): 42580 , 53845 , 59141
Lower Court Case(s):Clark Co. - Eighth Judicial District - C188264Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:02/08/2007 at 10:00 AMOral Argument Location:Regional Justice Center
Submission Date:02/08/2007How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/16/2004Filing Fee Filing Fee Waived.
12/16/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-22986
01/03/2005Docketing StatementFiled Docketing Statement. 05-00104
01/03/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/9/02, 11/3/03, 11/24/03, 12/8/03, 12/29/03, 12/31/03, 1/2/04, 1/7/04, 1/14/04, 5/12/04, 6/2/04, 6/28/04, 8/18/04, 8/20/04, 8/23/04, 8/24/04, 8/25/04, 8/26/04, 8/27/04, 8/30/04 and 10/19/04. To Court Reporters: Mary Beth Cook, Angela Lee, Lisa Makowski, Julie Lever, Renee Silvaggio and Dick Kangas. 05-00105
01/18/2005TranscriptFiled Transcript. Proceedings: 8/18/04 (2). Court Reporter: Julie Lever. 05-00981
01/20/2005TranscriptFiled Transcript. Proceedings: 12/09/02; 11/03/03; 12/08/03; 12/29/03; 12/31/03; 01/02/04; 01/07/04; 01/14/04; and 06/02/04. Court Reporter: Mary Beth Cook. 05-01277
01/24/2005MotionFiled Motion to Extend Time. 45 days. 05-01476
01/27/2005TranscriptFiled Transcript. Proceedings: Wednesday, May 12, 2004, 8:30 a.m. Court Reporter: Lisa Makowski. Proceedings: Monday, November 24, 2003, 8:30 a.m.; Monday, June 28, 2004, 8:30 a.m.; Friday, August 20, 2004, 9:30 a.m. Court Reporter: Angela K. Lee. 05-01782
03/16/2005TranscriptFiled Transcript. Proceedings: 08/24/04, 08/25/04, 08/26/04, 08/27/04, 08/30/04, and 10/19/04. Court Reporter: Richard Kangas. 05-05160
03/22/2005TranscriptFiled Transcript. Proceedings: 8/23/04. Court Reporter: Renee Silvaggio. 05-05581
04/04/2005TranscriptFiled Transcript. Proceedings: August 23, 2004. Court Reporter: Renee Silvaggio. 05-06567
04/14/2005MotionFiled Stipulation and Order. Brief due: May 12, 2005. 05-07351
05/02/2005Order/ProceduralFiled Order Granting Motion. On January 24, 2005, court recorder Richard Kangas filed a motion requesting an extension of time to prepare and file the transcripts requested from him in this appeal. We grant the motion. fn1[The requested transcripts were received and filed on March 16, 2005.] 05-08530
05/17/2005MotionFiled Motion to Extend Time. 60 days requested. 05-09562
06/06/2005Order/ProceduralFiled Order Granting Motion. Appellant shall have until July 12, 2005, to file and serve the opening brief and appendix. We note that the court disapproves of repeated requests for extensions of time to brief appeals in criminal cases. Consequently, 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. 05-11010
07/14/2005MotionFiled Motion to Extend Time. 05-14070
09/14/2005MotionFiled Motion to Extend Time. 05-18230
09/16/2005MotionFiled Motion to Extend Time. 05-18513
09/22/2005MotionFiled Motion to Extend Time. 05-18833
10/14/2005Order/ProceduralFiled Order. We grant the unopposed motions. Opening Brief due by October 20, 2005. 05-20370
10/24/2005MotionFiled Motion to Extend Time. 30 days. 05-21032
11/10/2005Order/ProceduralFiled Order Granting Motion. filed 10/24/05. Opening Brief due: November 21, 2005. No further extensions absent extreme and unforeseeable circumstances. 05-22152
11/23/2005MotionFiled Motion to Extend Time. 05-23092
01/09/2006Order/ProceduralFiled Order. Opening brief and appendix due: January 17, 2006. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Failure to comply with this court's order could result in the imposition of sanctions. On November 23, 2005, this court received a letter from appellant. Appellant's request is denied. fn1[We direct the clerk to file the letter received on November 23, 2005. We decline to allow appellant to file further proper person documents.] 06-00422
01/09/2006MotionFiled Proper Person Motion. To appoint Sharon Dickinson as counsel for appellant. 05-23093
01/10/2006MotionFiled Motion for Excess Pages. Appellant's Motion to File 70 Page Opening Brief on January 8, 2006. 06-00675
01/10/2006MotionFiled Motion. Appellant's Motion to File Chronology of Events and History of Case. 06-00679
02/06/2006Order/ProceduralFiled Order Granting Motion. The clerk shall file the 70-page opening brief and appendix received on January 10, 2006. Answering brief due: 30 days. Appellant has also filed a "Motion to File Chronology of Events and History of Case." The motion is granted. The court may consider the chronology of events attached to the motion. 06-02568
02/06/2006BriefFiled Opening Brief. 06-00676
02/06/2006AppendixFiled Appendix to Opening Brief. Volumes 1 through 4. 06-00678
03/08/2006MotionFiled Stipulation and Order. Brief due: April 7, 2006. 06-05149
04/14/2006MotionFiled Motion for Excess Pages. Motion for Leave to File a 38 Page Answering Brief. 06-07899
04/14/2006MotionFiled Motion to Extend Time. 06-07900
04/19/2006Order/Clerk'sFiled Clerk's Order Granting Motion. The clerk shall file the 38-page answering brief received on April 14, 2005. Reply Brief due: 30 days. 06-08173
04/19/2006BriefFiled Answering Brief. 06-07901
05/18/2006MotionFiled Stipulation and Order. Brief due: June 19, 2006. 06-10486
06/22/2006MotionFiled Motion to Extend Time. 06-12966
06/23/2006Order/Clerk'sFiled Clerk's Order Granting Motion. Reply brief due: 7 days. 06-13021
06/28/2006BriefFiled Reply Brief. 06-13322
12/15/2006Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on February 8, 2007, at 10:00 a.m. (SNP07-MG/MD/MC)
01/25/2007Notice/OutgoingIssued Oral Argument Reminder Notice. 07-01951
02/08/2007Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP07-MG/MD/MC
03/19/2007MotionFiled Motion. Appellant's Motion to Disqualify The Clark County District Attorney's Office from Further Participation in this Case due to Misconduct at the Oral Argument before the Nevada Supreme Court on February 8, 2007; and Motion to Submit Clarification of Facts Relevant to Appeal which were Misstated or Distorted by the State at Oral Argument. 07-06303
03/19/2007MotionFiled Motion. Appellant's Motion to File Transcript of February 8, 2007 Oral Argument Before the Nevada Supreme Court. 07-06304
03/19/2007Other Other. Received Transcript of Nevada Supreme Court Oral Argument. Submitted by Attorney Howard Brooks. 07-06305
07/26/2007Opinion/DispositionalFiled Authored Opinion. "Affirmed." fn48[We deny the motions filed on March 19, 2007.] Before Gibbons, Douglas and Cherry, JJ. Author: Cherry, J. We concur: Gibbons and Douglas, JJ. 123 Nev. Adv. Opn. No. 24. SNP07 07-16377
08/14/2007Post-Judgment PetitionFiled Petition for Rehearing. 07-17900
08/15/2007MotionFiled Motion. Request to file Amicus Brief in Support of En Banc Reconsideration of Decision. 07-18004
08/22/2007MotionFiled Response to Motion. Opposition to Request to file Amicus Brief in Support of En Banc Reconsideration of Decision. 07-18620
08/28/2007Order/ProceduralFiled Order/Motion Granted in Part. The Federal Public Defender's motion to participate in this matter as amicus by submitting points and authorities in support of en banc reconsideration is premature and is therefore denied. The Clark County Public Defender filed a petition for rehearing in the instant case, however, on August 14, 2007, and the petition remains pending and unresolved. Accordingly, we grant the Federal Public Defender permission to participate as amicus. The Federal Public Defender shall have 20 days from the date of this order within which to file and serve an amicus brief urging rehearing on the particular point of law set forth in it's motion. 07-19062
09/17/2007BriefFiled Amicus Brief. Federal Public Defender. 07-20404
09/17/2007Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. The State shall have 20 days from the date of this order within which to file and serve an answer to the petition for rehearing and the amicus brief filed on September 17, 2007. 07-20508
10/12/2007Post-Judgment PetitionFiled Answer to Petition for Rehearing. 07-22612
12/06/2007Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Fn1 [. . .This court has not considered any facts not properly included in the petition for rehearing.] 07-26473
12/17/2007MotionFiled Motion to Extend Time. Appellant's Motion for Ten-Day Extension to File Petition for En Banc Review Pursuant to NRAP 40A; or, Alternatively, Petition for En Banc Review with Request that Appellant have Leave to File Supporting Memorandum of Points and Authorities Ten Days after Deadline. 07-27340
12/19/2007MotionFiled Motion. Request to File Amicus Brief in Support of En Banc Reconsideration of Decision. 07-27471
12/19/2007BriefReceived Amicus Brief. Brief of Amicus Curiae in Support of Petition for Rehearing En Banc. FILED PER ORDER OF 1/16/08. 07-27472
12/27/2007MotionFiled Motion. Appellant Rose's Motion to Allow Filing of Petition for En Banc Reconsideartion or to Allow Filing of Petition for En Banc Reconsideration as a Supplement to Motion for En Banc Reconsideration Mailed December 14, 2007. 07-28104
12/27/2007Post-Judgment PetitionReceived Petition for En Banc Reconsideration. FILED PER ORDER OF 1/16/08. 07-28105
01/02/2008RemittiturIssued Remittitur. 08-00076
01/02/2008Case Status Update Remittitur Issued/En Banc Reconsideration Pending.
01/14/2008RemittiturFiled Remittitur. Received by County Clerk on January 4, 2008. 08-00076
01/16/2008Order/ProceduralFiled Order. The clerk shall file the petition for en banc reconsideration received on December 27, 2007. We grant the FPD permission to participate as amicus curiae. The clerk shall file the amicus brief received on December 19, 2007. Fn1 [Also on December 27, 2007, appellant filed a 'Motion to Allow Filing of Petition for En Banc Reconsideration…' We deny this motion as moot.' 08-01175
01/16/2008Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 07-28105
01/16/2008BriefFiled Amicus Brief. in Support of Petition for Rehearing En Banc. 07-27472
03/06/2008Post-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." MAUPIN, J., with whom, HARDESTY, J., agrees, dissenting: 08-05656
05/28/2008Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed May 19, 2008 and placed on the docket as Case No. 07-11056. 08-13369
09/16/2008MotionFiled Motion. Appellant's Emergency Petition to Recall Remittitur Issued January 2, 2008 and Stay Issuance of Second Remittitur Until United States Supreme Court Resolves Petition for Certiorari. 08-23817
10/16/2008Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 08-26685
10/30/2008Order/ProceduralFiled Order Denying Motion. to Recall Remittitur as Moot. 08-27902