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United States Court Cases

Nevada Supreme/Appellate Court Record

LOPEZ-BENITEZ (MARIO) VS. STATE

Case Information: 38840
Short Caption:LOPEZ-BENITEZ (MARIO) VS. STATECourt:Supreme Court
Related Case(s): 43286 , 47320
Lower Court Case(s):Clark Co. - Eighth Judicial District - C175365Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:03/10/2003 at 10:30 AMOral Argument Location:Las Vegas Office
Submission Date:03/10/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/28/2001Filing Fee Filing Fee Waived.
11/28/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 01-19921
01/02/2002Notice/OutgoingIssued Notice to Transmit Required Document. Judgment of Conviction filed 12/4/01. Due Date: 10 days
01/09/2002Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of Judgment of Conviction filed in district court on: December 4, 2001. 02-00618
01/10/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.) 02-00776
01/10/2002Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
03/26/2002Order/ProceduralFiled Order. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement. In addition, within the same time period, appellant shall file and serve the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested, or show cause why sanctions should not be imposed. (Docketing statement mailed to counsel for appellant). 02-05351
04/04/2002MotionFiled Motion to Extend Time. Motion for Extension of Time to File Docketing Statement and Request for Transcript of Proceedings. 02-06017
04/15/2002Order/ProceduralFiled Order. To date, appellant has failed to comply with this court's notice of January 10, 2002, or order of March 26, 2002. Appellant shall, within 10 days of the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement or show cause why sanctions should not be imposed. We grant the motion filed April 4, 2002. The clerk shall file the docketing statement received on April 5, 2002. Appellant shall have 10 days from the date of this order to file and serve the transcript request form. 02-06641
04/15/2002Docketing StatementFiled Docketing Statement. 02-06083
04/18/2002Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on November 21, 2001. 02-06939
04/18/2002Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on February 13, 2002. 02-06940
04/22/2002Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 09/27-28, 2001; 10/1-10-3, 2001. Court Reporter: Margaret Cardwell. Filed in district court on: April 11, 2002. 02-07126
05/01/2002TranscriptFiled Transcript. Proceedings: October 1 through 4, 2001. Court Reporter: Cindy Magnussen and Diann Prock. 02-07670
05/13/2002MotionFiled Motion to Extend Time. 02-08365
05/15/2002Order/ProceduralFiled Order Granting Motion. filed May 13, 2002. Appellant shall file and serve the opening brief and appendix by July 10, 2002. 02-08507
05/15/2002Order/ProceduralFiled Order. On February 7, 2002, appellant submitted a proper person document entitled "Docketing Statement and Appeal Brief." Appellant has not been granted, nor has he requested, permission to file papers in proper person. The clerk of this court shall return, unfiled, the proper person document. Appellant shall proceed through counsel in this appeal. 02-08591
05/15/2002Other Returned Unfiled Document. "Docketing Statement and Appeal Brief" returned unfiled per order filed today. 02-02519
06/12/2002TranscriptFiled Transcript. Proceedings: 9/27/01 and 9/28/01. Court Reporter: Peggy Isom. 02-10193
07/15/2002MotionFiled Motion to Extend Time. 5 days requested. 02-12119
07/17/2002Order/ProceduralFiled Order Granting Motion. filed July 15, 2002. Appellant shall have 5 days from the date of this order to file and serve the opening brief and appendix. 02-12222
07/18/2002BriefFiled Opening Brief. Mailed on: 07/16/02. 02-12315
07/19/2002AppendixFiled Appendix to Opening Brief.
08/21/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-14266
08/21/2002AppendixFiled Appendix to Answering Brief.
10/08/2002Case Status Update Briefing Completed. No reply brief filed.
01/24/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on March 10, 2003, at 10:30 a.m. (SNP03-MS/ML/NB)
02/20/2003Order/ProceduralFiled Order. On September 16, 2002, appellant submitted a "Motion for Leave to File a Proper Person Supplement to Appellant's Opening Brief." Because appellant is represented by counsel and briefing is completed in this appeal, we decline to grant appellant permission to file proper person documents. We deny the motion to supplement the opening brief. fn1[Because we have resolved the motion on its merits, we direct the clerk to file the motion. We decline to grant appellant permission to file additional documents in proper person. NRAP 46(b).] 03-02852
02/20/2003MotionFiled Proper Person Motion. Motion for Leave to file a Proper Person Supplement to Appellant's Opening Brief. 02-16103
02/24/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
03/10/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP03-MS/ML/NB
03/18/2003Other Other. Filed Submission of Supplemental Exhibit. 03-04517
04/28/2003Letter/IncomingFiled Letter. from attorney William J. Taylor requesting the status of this case. 03-07149
05/15/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn5[We have considered Benitez's other claimed errors regarding the sufficiency of evidence against him and allegations of prosecutorial misconduct based on statements made during closing arguments. We conclude these assignments of error do not warrant relief.] SNP03-MS/ML/NB 03-08281
06/10/2003RemittiturIssued Remittitur. 03-08616
06/10/2003Case Status Update Remittitur Issued/Case Closed.
06/25/2003RemittiturFiled Remittitur. Received by County Clerk on June 12, 2003. 03-08616