judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

HERNANDEZ (FERNANDO) VS. STATE (DEATH PENALTY)

Case Information: 36859
Short Caption:HERNANDEZ (FERNANDO) VS. STATE (DEATH PENALTY)Court:Supreme Court
Related Case(s): 44812 , 60254 , 73620
Lower Court Case(s):Clark Co. - Eighth Judicial District - C162952Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/13/2002 at 11:00 AMOral Argument Location:Carson City
Submission Date:02/13/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/11/2000Filing Fee Filing Fee Waived.
10/11/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day (docketing statement mailed to counsel for appellant). 00-18023
10/19/2000Docketing StatementFiled Docketing Statement. 00-18516
11/06/2000Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 through 8. Mailed on 11/01/00. 00-19476
01/29/2001Order/ProceduralFiled Order/Show Cause. The opening brief was due to be filed on or before January 16, 2001. To date, appellant has failed to file the opening brief. Appellant shall within 15 days of the date of this order, file and serve the opening brief or show cause why sanctions should not be imposed against counsel for appellant. Respondent shall, within 60 days after the filing of the opening brief, file and serve the answering brief. Thereafter, briefing shall proceed in accordance with SCR 250(6)(d). 01-01827
02/08/2001MotionFiled Motion to Extend Time. 01-02547
02/13/2001Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including March 19, 2001, to file and serve the opening brief. 01-02833
04/11/2001Order/ProceduralFiled Order. To date appellant has failed to file and serve the opening brief. Appellant shall file and serve the opening brief within 10 days of the date of this order. Failure to comply with this order may result in the imposition of sanctions against appellant counsel. 01-06235
04/25/2001MotionFiled Motion for Excess Pages. Motion for Leave to File Excess Page Brief. 01-06942
04/25/2001MotionFiled Motion. Motion for Transmission of Exhibit 168. 01-06945
06/13/2001Order/ProceduralFiled Order. Appellant has filed a motion for transmission of Exhibit 168 from his trial. Cause appearing, the motion is granted. The clerk of the district court shall transmit the requested exhibit to the clerk of this court as part of the record on appeal. 01-09898
06/14/2001Opinion/Non-DispositionalFiled Per Curiam Opinion. "Motion denied." Appellant Fernando Hernandez has moved for leave to file a 124-page opening brief in this direct appeal from a judgment of conviction and sentence of death. We deny appellant's motion and direct the clerk of the court to return unfiled the opening brief submitted to this court on April 25, 2001. We grant Hernandez permission to file an opening brief of not more than 80 pages. We further direct that the State may file an answering brief of not more than 80 pages. Hernandez shall have 30 days from the date of this opinion to file and serve his opening brief. Upon the service of that brief, further briefing shall proceed in accordance with SCR 260(6)(d). Before the Court En Banc. Per Curiam. 117 Nev. Adv. Opn. 41. En Banc. 01-09944
06/14/2001Notice/OutgoingIssued Letter. to attorney JoNell Thomas. Returned unfiled, the original and three copies of the Appellant's Opening Brief received April 25, 2001.
07/06/2001BriefFiled Opening Brief. Mailed on: 07/03/01. 01-11379
09/04/2001MotionFiled Motion to Extend Time. 01-14842
09/06/2001Order/ProceduralFiled Order Granting Motion. filed September 4, 2001. Respondent shall have to and including November 5, 2001, to file and serve the answering brief. 01-15083
11/07/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. 01-18570
12/07/2001BriefFiled Reply Brief. Mailed on: 12/05/01. 01-20592
12/21/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 60 minutes in Carson City on February 13, 2002, at 11:00 a.m. (En Banc)
01/28/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
02/13/2002Case Status Update Submitted for Decision. Argued by: JoNell Thomas for Appellant and Robert J. Daskas, Deputy District Attorney for Respondent. EN BANC
08/02/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." Before the Court En Banc. Per Curiam. 118 Nev. Adv. Opn. No. 55. EN BANC 02-13238
08/19/2002MotionFiled Motion for Stay. Motion to Stay Issuance of Remittitur Pending Petition for Writ of Certiorari. 02-14152
08/19/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: 8/15/02. 02-14153
08/27/2002Order/ProceduralFiled Order Denying Motion. On August 19, 2002, appellant filed a petition for rehearing. On that same date, appellant also filed a motion to stay issuance of the remittitur. Appellant's request to further stay issuance of the remittitur " in the event that this Court denies the petition for rehearing" is premature. We deny appellant's motion. Our denial is without prejudice to appellant's right to refile a motion to stay issuance of the remittitur in the event this court denies the petition for rehearing. 02-14724
09/05/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). EN BANC 02-15305
09/12/2002MotionFiled Motion for Stay. Motion to Stay Issuance of Remittitur Pending Petition for Writ of Certiorari. 02-15890
09/26/2002Order/ProceduralFiled Order Granting Motion. filed September 12, 2002. We hereby stay the issuance of the remittitur until December 13, 2002. If the clerk of this court receives written notice from the clerk of the United States Supreme Court by December 13, 2002, that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received, the remittitur shall issue on December 16, 2002. 02-16649
12/09/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed November 22, 2002, and placed on the docket December 3, 2002, as Case No. 02-7759. 02-20982
03/03/2003Notice/IncomingFiled Notice. The petition for a writ of certiorari is denied. 03-03439
03/10/2003Order/ProceduralFiled Order. On March 3, 2003, the clerk of this court received notice that the United States Supreme Court denied appellant's petition on February 24, 2003. We direct the clerk of this court to issue the remittitur in this appeal. 03-03910
03/10/2003RemittiturIssued Remittitur. 03-03938
03/10/2003Case Status Update Remittitur Issued/Case Closed.
03/26/2003RemittiturFiled Remittitur. Received by County Clerk on March 12, 2003. 03-03938
06/23/2004RemittiturIssued Return Letter. Returned Exhibit: #168 (Notice of Entry of Decree of Divorce). 03-03938
07/30/2004RemittiturFiled Letter: Entered Receipt for Documents. Received by County Clerk on June 25, 2004. 03-03938