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United States Court Cases

Nevada Supreme/Appellate Court Record

BOLIEN (HARVEY) VS. STATE

Case Information: 31849
Short Caption:BOLIEN (HARVEY) VS. STATECourt:Supreme Court
Lower Court Case(s):Nye Co. - Fifth Judicial District - CR2595
Nye Co. - Fifth Judicial District - CR2661
Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:05/12/1999 at 11:30 AMOral Argument Location:Las Vegas Office
Submission Date:05/12/1999How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/19/1998Filing Fee Filing Fee Waived.
02/19/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Fast track notice mailed to all counsel.)
02/26/1998TranscriptFiled Transcript. Court Reporter: Jeanie Wright.
03/23/1998MotionFiled Motion to Extend Time. Motion to Extend Time to file Fast Track Opening Brief (First Request).
03/30/1998Order/ProceduralFiled Case Processing Order. The fast track statement shall be filed and served no later than April 13, 1998.
04/15/1998MotionFiled Motion to Extend Time. Motion to Extend Time to File Fast Track Opening Brief (Second Request).
04/16/1998Order/Clerk'sFiled Clerk's Order. Pursuant to telephonic request of court reporter Marcelene Varney, the rough draft transcript shall be served and filed on or before April 22, 1998.
04/21/1998TranscriptFiled Rough Draft Transcript of Proceedings. Jury Trial, Vols. 1 through 9 (August 5, 1997, through August 15, 1997.) Court Reporter: Marcelene Varney.
05/18/1998Order/ProceduralFiled Case Processing Order. The fast track statement shall be filed and served no later than May 21, 1998.
05/26/1998Fast Track BriefReceived Fast Track Statement. Appellant's Fast Track Appendix.
05/28/1998MotionFiled Motion. Motion for Fast Track Statement in Excess of Ten Pages.
05/28/1998Fast Track BriefReceived Fast Track Statement.
06/04/1998Order/ProceduralFiled Case Processing Order. On May 28, 1998, counsel for appellant filed a motion for leave to file a fast track statement in excess of 10 pages. The motion is granted. The clerk shall file, forthwith, the fast track appendix submitted on May 26, 1998, and the fast track statement submitted on May 28, 1998.
06/04/1998Fast Track BriefFiled Fast Track Statement.
06/04/1998Fast Track BriefFiled Fast Track Statement. Appellant's Fast Track Appendix.
06/08/1998MotionFiled Motion to Dismiss Appeal. Respondent's Motion to Dismiss Appeal Based on Non-Compliance with Filing Deadline after Extension Granted by this Court.
06/11/1998MotionFiled Response to Motion. Response to State's Motion to Dismiss Appeal and Motion to Extend time to file Fast Track Opening Brief (Third Request).
06/22/1998MotionFiled Motion. Filed Motion for Fast Track Response in Excess of Ten Pages.
06/22/1998Fast Track BriefReceived Fast Track Response. RETURNED UNFILED 6/26/98.
06/22/1998Fast Track BriefReceived Fast Track Statement. Respondent's Fast Track Appendix, Vols. 1 and 2. RETURNED UNFILED 6/26/98.
06/26/1998Order/ProceduralFiled Case Processing Order. On June 22, 1998, respondent filed a motion for leave to file a fast track response in excess of 10 pages. The proposed fast track response is 30 pages long. Respondent's motion is denied. The clerk shall return, unfiled, the fast track response submitted on June 22, 1998. Respondent shall file a fast track response of no more than 20 pages within 10 days of this order.
06/26/1998Other Other. Returned unfiled with letter: original and two copies of the Fast Track Response and the original and one copy of Respondent's Fast Track Appendix, Vol. 1 and 2.
07/01/1998Order/ProceduralFiled Case Processing Order. Although respondent is correct that the fast track statement was not timely filed , this court elected to file the fast track statement on June 4, 1998. Accordingly, we conclude that the motion must be denied. Respondent shall have 20 days from the date of this order in which to file and serve the fast track response. (o.k. to file per A.H.)
07/17/1998Fast Track BriefFiled Fast Track Response.
07/17/1998Fast Track BriefFiled Fast Track Statement. Respondent's Fast Track Appendix, Vols. I and II.
07/23/1998Order/ProceduralFiled Case Processing Order. After reviewing the documents submitted in this appeal, we have determined that full briefing will assist the court in the disposition of this appeal. The appellant shall file and serve the opening brief within 40 days after the date of this order. fn1[We hereby suspend the requirement in NRAP 9 for counsel to file a certified transcript in this appeal]. The answering brief and reply brief shall be filed in compliance with NRAP 31. Upon completion of briefing, the clerk shall schedule this appeal for oral argument: 30 minutes.
09/04/1998BriefFiled Brief. Appellant's Opening Brief. (Mailed on: 9/2/98).
10/05/1998BriefFiled Brief. Respondent's Answering Brief. (Mailed on: Fed Ex 10/2/98).
11/05/1998MotionFiled Motion to Extend Time. Motion to Extend Time to file Appellant's Reply Brief (first request).
12/10/1998BriefReceived Brief. Appellant's Reply Brief. (Mailed on: 12/8/98).
12/30/1998MotionFiled Motion. Motion to Allow Response to Reply Brief.
02/16/1999Order/ProceduralFiled Case Processing Order. Appellant's counsel filed a motion to extend time to file appellant's reply brief on November 5, 1998. The motion is completely incomprehesible. We deny the motion for an extension of time. Nonetheless, in the interest of judicial economy, we direct the clerk to file the reply brief provisionally received on December 10, 1998. On December 30, 1998, respondent filed a motion seeking leave to file a two page supplemental brief. We grant the unopposed motion. Respondent shall, within 15 days of the date of this order, file and serve the two page supplemental brief.
02/16/1999BriefFiled Brief. Appellant's Reply Brief.
03/03/1999Other Other. Filed Response to Appellant's Reply Brief. (Mailed on: Fed Ex 3/2/99).
03/15/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for May 12, 1999 at the hour of 11:30 a.m.-1/2 hour in Las Vegas. (SNP99A-WM,DA,NB).
04/27/1999Notice/OutgoingIssued Notice. Reminder Notice for Oral Argument.
05/12/1999Other Other. Oral Argument before the Southern Nevada Panel: Submitted. SNP99A-WM/DA/NB.
05/12/1999Case Status Update Submitted for Decision.
08/13/1999Order/DispositionalFiled Dispositional Order/Appeal. Filed Order Dismissing Appeal. "ORDER this appeal dismissed." Agosti, J. Becker, J. concurring. Maupin, J. concurring. SNP99A-WM/DA/NB. (Order mailed without signature on file stamp. Re-mailed order to cc's on 8/16/99.)
09/07/1999Post-Judgment PetitionFiled Petition for Rehearing. Motion for Rehearing. STRICKEN 10/06/99
09/17/1999Other Other. Returned, unfiled, with letter, Opposition to Appellant's Motion for Rehearing.
10/06/1999Order/ProceduralFiled Case Processing Order. On August 13, 1999, we entered an order dismissing this appeal. On September 7, 1999, appellant filed a document entitled "Motion for Rehearing." It appears that appellant's document was inadvertantly filed. We hereby strike the document filed September 7, 1999. The Clerk of this court shall issue the remittitur forthwith. (Stricken: Motion for Rehearing filed September 7, 1999.)
10/06/1999RemittiturIssued Remittitur.
10/15/1999RemittiturFiled Remittitur. Entering receipt for Remittitur. Received by County Clerk on October 11, 1999. REMITTITUR RECALLED 11/12/99.
10/20/1999MotionFiled Motion. Motion for En Banc Reconsideration. (OK to file per AH).
11/12/1999Order/ProceduralFiled Case Processing Order. On October 20, 1999, appellant filed a motion for en banc reconsideration of the order dismissing appeal entered on August 13, 1999. Appellant's motion is not in compliance with our procedural rules. We hereby waive the procedural defects associated with the motion for en banc reconsideration. We hereby recall and stay issuance of the remittitur pending resolution of the motion for en banc reconsideration. SNP99A-WM/DA/NB.
07/03/2000Letter/IncomingReceived Letter. Letter from attorney Robert E. Glennen re: documents filed in 1999.
08/08/2000Order/ProceduralFiled Order. Order Directing Answer and Requesting Amicus Curiae Participation. On August 13, 1999, a three-justice panel of this court issued the attached order dismissing appellant Bolien's appeal. Bolien's petition for en banc reconsideration of the panel's decision is presently pending before this court. It appears that additional briefing may assist this court in deciding whether en banc reconsideration is warranted. The Attorney Geneal and the Nye County District Attorney shall have 20 days from the date of this order to file an answer to the petition for en banc reconsideration. In addition, it appears that the participation and briefing by amicus curiae may ensure that the above-noted issues are fully argued and presented to this court. This court requests the office of the State Public Defender and the Nevada Attorneys for Criminal Justice to each advise this court within 20 days of the date of this order whether they are able to participate in this matter as amicus curiae for the purpose of addressing the issues identified above. 00-13717
08/25/2000Letter/IncomingFiled Letter. Letter from David F. Sarnowski, Chief Deputy A.G. regarding Answer to Rehearing. 00-14991
08/28/2000MotionFiled Response to Order to Show Cause. Response of State Public Defender to Request for Amicus Curiae Participation and Request for Briefing. 00-15087
08/28/2000MotionFiled Motion for Excess Pages. Motion for Court's Permission t Submit Court-Ordered Answer to Petition for En Banc Reconsideration in Excess of Ten Pages. 00-15094
08/28/2000MotionFiled Response to Order to Show Cause. Response of Nevada Attorneys for Criminal Justice to Request for Amicus Curiae Participation. 00-15102
08/30/2000Order/Clerk'sFiled Clerk's Order. The thirteen-page answer to petition for en banc reconsideration, provisionally received on August 28, 2000, shall be filed, forthwith. 00-15230
08/30/2000Post-Judgment PetitionFiled Answer to Petition for Rehearing. Court-Ordered Answer to Petition for En Banc Reconsideration. 00-15098
08/31/2000Order/ProceduralFiled Order. On August 28, 2000, the NSPD and the NACJ informed this court that they are pleased to participate in this matter as amici curiae. The NSPD and the NACJ shall each have 30 days from the date of this order to file and serve an amicus curiae brief addressing the issues set forth in our order entered on August 8, 2000. Respondent shall have 20 days from filing of the amici curiae briefs to file answering briefs. On August 25, 2000, the clerk of this court received a letter from the Office of the Attorney General informing this court that it is a nominal representative of the state and that the response to the petition for en banc reconsideration will be filed by the Nye County District Attorney. The Nye County District Attorney having filed the response on August 30, 2000, the state's responsibility to file a response is deemed completed. 00-15339
10/02/2000MotionFiled Motion to Extend Time. Motion for Extension of Time to file Amicus Brief. (Nevada Attorneys for Criminal Justice) 00-17308
10/02/2000MotionFiled Motion to Extend Time. Motion to Extend Time in which to File Amicus Brief. (from State Public Defender) 00-17402
10/05/2000Order/Clerk'sFiled Clerk's Order Granting Motion. The motions filed on October 2, 2000, are granted. Amici Curiae Nevada State Public Defender and Nevada Attorneys for Criminal Justice shall have to and including October 16, 2000, within which to file and serve their amicus briefs. 00-17692
10/05/2000BriefFiled Amicus Brief. Amicus Curiae Brief on Nevada State Public Defender. 00-17776
10/18/2000BriefFiled Amicus Brief. Amicus Brief of Nevada Attorneys for Criminal Justice. 00-18467
12/05/2000Order/ProceduralFiled Order. Order Denying Reconsideration. This is a motion by appellant for en banc reconsideration of the order dismissing this appeal. "We conclude that appellant has not demonstrated that en banc reconsideration is warranted." fn1[On November 12, 1999, this court recalled and stayed issuance of the remittitur pending resolution of appellant's motion. This matter having been resolved, we direct the clerk of this court to issue the remittitur.] En Banc-CY/WM/MS/DA/ML/NB. RR dissenting. 00-21179
12/05/2000RemittiturIssued Remittitur. 00-21219
12/05/2000Case Status Update Remittitur Issued/Case Closed.
12/22/2000RemittiturFiled Remittitur. Received by County Clerk on December 7, 2000. 00-21219
03/26/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed March 5, 2001 and placed on the docket as Case No. 00-9049 (no action required). 01-05228
05/21/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. (No action required.) 01-08392