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United States Court Cases

Nevada Supreme/Appellate Court Record

BERRY (DEMARLO) VS. STATE

Case Information: 35201
Short Caption:BERRY (DEMARLO) VS. STATECourt:Supreme Court
Related Case(s): 52905 , 66474 , 66877
Lower Court Case(s):Clark Co. - Eighth Judicial District - C122520Classification:Criminal Appeal - Life - Post-Conviction
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:03/12/2001 at 1:30 PMOral Argument Location:Las Vegas Office
Submission Date:03/12/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/29/1999OtherDisqualification of Justice Maupin. Sat in district court proceedings.
11/29/1999Filing Fee Filing Fee Waived.
11/29/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for Appellant). 99-11856
12/13/1999Transcript RequestFiled Request for Transcript of Proceedings. 10/21/99 Transcripts requested: To Court Reporter: Cathy Nelson. 99-12532
12/15/1999Docketing StatementFiled Docketing Statement. 99-12654
03/02/2000MotionFiled Motion to Extend Time. 00-03273
03/07/2000Order/ProceduralFiled Order. We grant appellant's motion for an extension of time, to and including April 3, 2000, to file and serve the opening brief and appendix. Court reporter Nelson shall have 20 days from the date of this order to file and serve the requested transcripts or to show cause why sanctions should not be imposed. 00-03556
03/17/2000Letter/IncomingFiled Letter. from Court Reporter Catherine L. Nelson regarding preparation of requested transcripts. 00-04284
04/03/2000MotionFiled Motion to Extend Time. 00-05289
04/03/2000Order/ProceduralFiled Order. On March 17, 2000, court reporter Nelson responded to our order filed March 7, 2000. Counsel should not have filed a transcript request form for the Transcript held on October 21, 1999, fn1[Instead, counsel should have filed a certificate of no transcript request.] but should just include a copy of the transcript filed in the district court in the appendix to the opening brief. 00-05327
04/05/2000Order/ProceduralFiled Order Granting Motion. Appellant shall, within 5 days of the date of this order, file and serve the opening brief and appendix. We do not expect further requests for extensions of time absent extreme and unforeseeable circumstances. 00-05511
04/06/2000BriefFiled Opening Brief. Mailed on: Fed Ex 4/5/00. 00-05569
04/06/2000AppendixFiled Appendix to Opening Brief. Vols. 1 through 16. 00-05570
05/05/2000MotionFiled Stipulation and Order. Brief due: June 7, 2000. 00-07360
06/07/2000BriefFiled Answering Brief. Mailed on: Express-No postmark. 00-09582
07/07/2000MotionFiled Motion and Order Extending Time. Brief due: August 7, 2000. 00-11609
08/07/2000MotionFiled Motion to Extend Time. 00-13655
08/09/2000Order/Clerk'sFiled Clerk's Order. Appellant shall have to and including September 6, 2000, to file and serve the reply brief. 00-13804
09/07/2000BriefFiled Reply Brief. Mailed on: Fed Ex 9/6/00. 00-15743
09/07/2000Case Status Update Submitted for Decision.
01/30/2001Order/ProceduralFiled Order. This appeal was previously submitted on the briefs and record filed herein. We have subsequently determined that oral argument would be of assistance in the disposition of this appeal. Oral argument is hereby scheduled for March 12, 2001, at the hour of 1:30 p.m., in Las Vegas. The argument shall be limited to 30 minutes. 01-02015
02/27/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
03/12/2001Case Status Update Submitted for Decision. Southern Nevada Panel. SNP01A-CY/ML/NB.
04/06/2001Order/DispositionalFiled Order of Affirmance. "ORDER the district court judgment AFFIRMED." SNP01A-CY/ML/NB 01-05917
04/19/2001Notice/IncomingFiled Notice. Request for Publication of the Order of Affirmance filed on April 6, 2001. 01-06711
04/24/2001MotionFiled Motion to Extend Time. 01-06919
04/26/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant shall have to April 30, 2001, to file and serve a petition for rehearing. 01-06999
04/30/2001Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: Fed Ex - 04/27/01. 01-07172
06/11/2001Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[We deny the State's motion of April 19, 2001, requesting publication of this court's decision in this matter.] SNP01A-CY/ML/NB 01-09633
06/26/2001MotionFiled Motion for Stay. Motion to Stay Issuance of Remittitur. 01-10744
06/27/2001Order/ProceduralFiled Order Granting Motion. We grant the motion filed June 26, 2001. We stay the issuance of the remittitur until September 7, 2001, pending appellant's application for a writ of certiorari to the United States Supreme Court. If during this period, the clerk of this court receives notice from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, this stay shall continue in effect until final disposition of the certiorari proceedings. If no such notice is received, the clerk of this court shall issue the remittitur on September 17, 2001. 01-10839
09/21/2001RemittiturIssued Remittitur. 01-15936
09/21/2001Case Status Update Remittitur Issued/Case Closed.
10/01/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed September 10, 2001 and placed on the docket as Case No. 01-6364. 01-16479
10/12/2001RemittiturFiled Remittitur. Received by County Clerk on October 2, 2001. 10/16/01 ORDER: REMITTITUR RECALLED. 01-15936
10/16/2001Order/ProceduralFiled Order. Order Recalling Remittitur. On June 27, 2001, this court entered and order that stayed issuance of the remittitur until September 7, 2001, and noted that if within that time period this court received notice from the clerk of the United States Supreme Court that appellant had filed a petition for a writ of certiorari with that court then the stay would remain in effect until final disposition of those proceedings. As this court had not received such a notice within that time period, the remittitur was issued on September 21, 2001. On October 1, 2001, this court received a notice from the clerk of the United States Supreme Court that appellant had filed a petition for a writ of certiorari on September 10, 2001. We hereby recall the remittitur. The issuance of the remittitur shall remain stayed until final disposition of the certiorari proceedings before the United States Supreme Court. 01-17450
12/03/2001Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 01-20153
12/07/2001Post-Judgment OrderFiled Order/Remittitur. Directing Issuance of Remittitur. On December 3, 2001, the clerk of this court received notice that the united States Supreme Court denied appellant's petition on November 26, 2001. Accordingly, we direct the clerk of this court to issue the remittitur in this appeal. 01-20525
12/07/2001RemittiturIssued Remittitur. 01-20613
12/07/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 17, 2001. 01-20613