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United States Court Cases

Nevada Supreme/Appellate Court Record

BROWN (KASARD) VS. STATE

Case Information: 40718
Short Caption:BROWN (KASARD) VS. STATECourt:Supreme Court
Related Case(s): 46473 , 52829 , 53410 , 66919
Lower Court Case(s):Clark Co. - Eighth Judicial District - C178925Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:03/28/2005How Submitted:On Record

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/31/2002Filing Fee Filing Fee Waived.
12/31/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 02-22220
01/07/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 03-00320
01/14/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/23/01, 04/04/02, 06/06/02, 07/02/02, 08/22/02, 09/05/02, 09/06/02, 09/09/02, 09/10/02, 09/11/02, 09/12/02, 09/13/02, 09/18/02, 09/19/02, 10/31/02, 11/26/02. To Court Reporter: Janie Olsen. 03-00775
01/14/2003Docketing StatementFiled Docketing Statement. 03-00776
02/03/2003TranscriptFiled Transcript. Proceedings: 10/23/01, 04/05/02, 06/06/02, 07/02/02, 08/22/02, 09/06/02, 09/09/02, 09/10/02, 09/11/02, 09/12/02, 09/13/02, 09/18/02, 09/19/02, 10/31/02, 11/26/02. Court Reporter: Janie Olsen. 03-01775
03/05/2003TranscriptFiled Transcript. Proceedings: September 5, 2002. Court Reporter: Janie Olsen. 03-03701
04/24/2003MotionFiled Stipulation and Order. Brief due: May 27, 2003. 03-06948
05/29/2003MotionFiled Motion to Extend Time. (2nd Request-30 days requested) 03-09004
05/30/2003Order/ProceduralFiled Order Granting Motion. filed May 29, 2003. Appellant shall have until June 24, 2003, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-09070
07/22/2003Order/ProceduralFiled Order. to file Opening Brief and Appendix. Appellant shall, within 10 days from the date of this order, file and serve the opening brief and appendix or show cause why sanctions should not be imposed. 03-12406
08/04/2003MotionFiled Motion and Order/Excess Pages. Granted: 41 pages. 03-13022
08/04/2003BriefFiled Opening Brief. 03-13023
08/04/2003AppendixFiled Appendix to Opening Brief. 03-13024
08/29/2003MotionFiled Stipulation and Order. Brief due: September 30, 2003. 03-14638
10/01/2003MotionFiled Motion to Extend Time. 03-16353
10/02/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed October 1, 2003. Respondent shall have until October 10, 2003, to file and serve the answering brief. 03-16370
10/14/2003BriefFiled Answering Brief. 03-16982
10/14/2003AppendixFiled Appendix to Answering Brief. 03-16983
10/20/2003MotionFiled Motion. 03-17407
10/23/2003MotionFiled Response to Motion. Response to Respondent's Motion to Supplement the Record. 03-17709
11/17/2003MotionFiled Stipulation and Order. Brief due: December 15, 2003. 03-19147
12/30/2003Case Status Update Briefing Completed. No reply brief filed.
01/13/2004Order/ProceduralFiled Order. Directing Transmission of Exhibits. We grant respondents' unopposed motion. The clerk of the district court shall have 30 days from the date of this order to transmit to this court the following audio tape exhibits: "State's Exhibits 122, 123, 124, 125, 130 and 131." 04-00813
06/08/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-10528
06/08/2004Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP04-NB/DA/MG
09/03/2004Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal. "ORDER the judgment of the district court REVERSED." fn7[Because we are reversing the judgment, we decline to consider the district court's admission of prior bad act evidence. Upon remand, the district court should consider the admissibility of the prior bad act evidence in light of Crawford v. Washington, 124 S. Ct. 1354 (2004).] Becker, J. and Agosti, J. Gibbons, J., dissenting. NNP04-NB/DA/MG 10/25/05 ORDER: Vacate our prior Orderof Reversal and Affirm the Judgment of Conviction.jcr 04-16082
09/29/2004RemittiturIssued Remittitur. Returned Exhibits: 122 - microcassette; 123 - voluntary statement; 124 - tape cassette; 125 voluntary statement; 130 - tape cassette; and 131 - voluntary statement. 01/12/05 ORDER: REMITTITUR RECALLED. 04-16392
09/29/2004Case Status Update Remittitur Issued/Case Closed.
09/30/2004MotionFiled Motion. Motion to Recall the Remittitur and to Enlarge Time to Petition for Rehearing. 04-18156
10/04/2004MotionFiled Response to Motion. Response to State's Motion to Recall the Remittitur and to Enlarge Time to Petition for Rehearing. 04-18360
10/11/2004RemittiturFiled Remittitur. Received by County Clerk on October 1, 2004. 04-16392
01/12/2005Order/ProceduralFiled Order Granting Motion. Recalling Remittitur and Filing Petition for Rehearing. On September 3, 2004, this court entered a dispositional 'Order of Reversal' in this appeal. Because a petition for rehearing was not filed, on September 29, 2004, the remittitur issued. On September 30, 2004, respondent filed a motion for an extension of time to file a petition for rehearing and to recall the remittitur. Appellant opposes the motion. Cause appearing, we grant the motion and we recall the remittitur. See NRAP 41. The clerk of this court shall file the petition for rehearing received on October 7, 2004. Issuance of the remittitur shall be stayed pending resolution of the petition for rehearing. 05-00698
01/12/2005Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing. 04-18608
01/20/2005Notice/OutgoingIssued Letter. to Clark County Clerk regarding the transmission of Instructions to the Jury.
01/24/2005Notice of Appeal DocumentsFiled Documents from District Court Clerk. Instructions to the Jury (Instruction No. 1). 05-01489
01/27/2005Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Having reviewed the petition, it appears that an answer will assist the court in resolving the issues presented. Appellant shall have 15 days from the date of this order to file and serve an answer to the petition. 05-01742
02/14/2005Post-Judgment PetitionFiled Answer to Petition for Rehearing. 05-02911
03/09/2005Post-Judgment OrderFiled Order/Rehearing Granted. Having considered the petition for rehearing and answer to the petition, we have determined that rehearing of this matter is warranted. We grant the petition for rehearing and submit this matter for decision on rehearing without further briefing or oral argument. 05-04635
03/09/2005Case Status Update Submitted for Decision. Submitted on rehearing.
03/22/2005Order/ProceduralFiled Order/Transmit Record and Directing Response. The clerk of the district court shall have 10 days from the date of this order to transmit to the clerk of this court a certified copy of the trial court record, including every paper, pleading and other document filed, or submitted for filing, in the district court. The record shall not include the transcripts filed in this case. 05-05542
03/28/2005Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 and 2. 05-05960
03/28/2005Case Status Update Submitted for Decision.
10/25/2005Order/DispositionalFiled Order of Affirmance. Order Vacating Prior Order and Affirming the Judgment of Conviction. "VACATE OUR PRIOR ORDER OF REVERSAL AND AFFIRM THE JUDGMENT OF CONVICTION." Becker, C.J. and Gibbons, J. Rose, J., dissenting. NNP05-NB/RR/MG 05-21168
11/04/2005Post-Judgment PetitionFiled Petition for En Banc Reconsideration. 05-21794
11/29/2005RemittiturIssued Remittitur. 05-22009
11/29/2005Case Status Update Remittitur Issued/Case Closed.
12/08/2005RemittiturFiled Remittitur. Received by County Clerk on December 6, 2005. 05-22009
12/08/2005Post-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-Rose, J., with whom Maupin and Hardesty, JJ., agree, dissenting. 05-24036