State v. Eighth Jud. Dist. Ct. (Zogheib) ( 2014 )

62615: Case View

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Cases Participant Search Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 62615 Short Caption: STATE VS. DIST. CT. (ZOGHEIB) Classification: Original Proceeding - Criminal - Mandamus Lower Court Case(s): Clark Co. - Eighth Judicial District - C277246 Case Status: Notice in Lieu of Remittitur Issued/Case Closed Disqualifications: Panel Assigned: Panel Replacement: To SP/Judge: SP Status: Oral Argument: Oral Argument Location: Submission Date: How Submitted: + Party Information Role Party Name Represented By Petitioner The State of Nevada Catherine Cortez Masto (Attorney General/Carson City) Ryan J. MacDonald (Clark County District Attorney) Steven S. Owens (Clark County District Attorney) Real Party in Interest Jihad Anthony Zogheib Thomas D. Boley (Hawkins, Boley & Aldabbagh) Robert Langford (Langford McLetchie LLC) Robert G. Lucherini (Robert G. Lucherini, Chtd.) Margaret A. McLetchie (Langford McLetchie LLC) Respondent Stefany Miley Respondent The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark 14-09684: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 02/13/2013 Filing Fee Petition Filing fee waived. Criminal. 02/13/2013 Petition/Writ Filed Petition for Writ of Mandamus. 13-04720 02/13/2013 Motion Filed Emergency Motion for Stay Under NRAP 27(e). 13-04730 02/13/2013 Appendix Filed Appendix to Petition for Writ. 13-04731 02/14/2013 Order/Procedural Filed Order Granting Stay and Directing Answer. Answer due: 20 days 13-04816 04/19/2013 Notice/Incoming Filed Notice of Appearance (Robert L. Langford and Margaret A. McLetchie appearing on behalf of Real Party in Interest, Jihad Anthony Zogheib). 13-11666 04/19/2013 Motion Filed Motion for Extension of Time to FIle Response to Petitioner's Petition for Writ of Mandamus. 13-11667 04/23/2013 Order/Procedural Filed Order Granting Motion. Real party in interest: Answer due: June 3, 2013. 13-11866 05/29/2013 Motion Filed Motion for Extension of Time (Answer to Writ Petition). 13-15833 05/29/2013 Motion Filed Motion for Extension w/Exhibit (Answer to Writ Petition). 13-15860 06/04/2013 Order/Procedural Filed Order Granting Motion. Real Party in Interest: Answer due: July 15, 2013. 13-16270 06/28/2013 Motion Filed Motion to Withdraw As Counsel. 13-19052 07/08/2013 Motion Filed Motion for Extension of Time. Real Party In Interest (45 days). 13-19822 07/12/2013 Order/Procedural Filed Order Granting Motion to Wthdraw as Counsel and Motion for Extension of Time. The real party in interest, Jihad Anthony Zogheib, is represented in this matter by retained counsel with the law firm of Langford McLetchie. Counsel has filed a motion to withdraw, citing an unidentified conflict of interest. According to a motion for an extension of time to file an answer to the petition, filed on July 8, 2013, counsel represents that Zogheib is "seeking new counsel and expects to secure new counsel this week." Cause appearing, the motions are granted. The clerk of this court shall remove the law firm of Langford McLetchie and attorneys Robert Langford and Margaret McLetchie as counsel of record for the real party in interest. Zogheib: 30 days to retain substitute counsel and cause counsel to file a notice of appearance with this court. 13-20431 08/05/2013 Other Received Returned Mail. Order filed 7/12/13 addressed to Jihad Anthony Zogheib. Per USPS, "return to sender, unable to forward". Address updated per motion filed on 7/8/13. Order mailed to new address. 08/12/2013 Notice/Incoming Filed Notice of Appearance (Robert G. Lucherini, Esq. appearing on behalf of Real Party in Interest, Jihad Anthony Zogheib). 13-23620 08/15/2013 Order/Procedural Filed Order. Attorney Robert G. Lucherini has filed a notice of appearance on behalf of the real party. Accordingly, the real party shall have 20 days from the date of this order to file and serve an answer, including points and authorities, against issuance of the requested writ. 13-24064 09/03/2013 Petition/Writ Filed Answer To Petition For Writ Of Mandamus. 13-25954 09/09/2013 Motion Filed Motion for Leave to File a Reply to Real Party's Answer to Petition for Writ of Mandamus. 13-26581 09/11/2013 Order/Procedural Filed Order Granting Motion. Petitioner shall have until September 19, 2013, to file and serve the reply. 13-26784 09/19/2013 Petition/Writ Filed Reply to Answer to Petition for Writ of Mandamus. 13-28007 02/14/2014 Motion Filed Motion to Dissolve Stay. 14-04920 02/21/2014 Notice/Incoming Filed Notice of Appearance. (Attorney Thomas Boley for real party in interest Jihad Anthony Zogheib.) 14-05709 03/03/2014 Order/Clerk's Filed Order Granting Telephonic Extension. Real party in interest shall have until March 5, 2014, to file and serve an opposition to the motion to dissolve stay. 14-06784 03/05/2014 Motion Filed Opposition To Motion To Dissolve Stay. 14-07128 03/27/2014 Opinion/Dispositional Filed Authored Opinion. "Petition granted." Fn5[We deny the State's motion to dissolve the stay as moot.] Before: Hardesty/Parraguirre/Cherry. Author: Hardesty, J. Majority: Hardesty/Parraguirre/Cherry. 130 Nev. Adv. Opn. No. 18. NNP13 (OPINION MODIFIED PER ORDER FILED 4/1/2014). 14-09684 03/27/2014 Writ Issued Writ with letter. Original and one copy of writ and copy of opinion mailed to Ryan J. MacDonald for service upon Judge Stefany Miley. 14-09743 03/27/2014 Motion Filed Emergency Motion Under NRAP 27(e). 14-09806 03/28/2014 Motion Filed Opposition to Emergency Motion. 14-09831 04/01/2014 Order/Procedural Filed Order Modifying Opinion. We direct the clerk of this court to modify the opinion filed on March 27, 2014, by inserting the following footnote: "This opinion has been circulated among all justices of this court, any two of whom, under IOP 13(b) may request en banc review of a case. The two votes needed to require en banc review in the first instance of the question of overruling Collier v. Legakes, 98 Nev. 307, 646 P.2d 1219 (1982) were not cast." This footnote shall be numbered footnote 1 and inserted after the "OPINION" heading; the clerk shall also renumber the other footnotes accordingly. 14-10155 04/04/2014 Order/Procedural Filed Order Denying Motion. We deny the motion for a stay. fn2[To the extent that the motion also seeks leave to file an appendix under seal, that request is denied withou prejudice. At this time, this court has entered its judgment in this matter and there is no pending request for relief that would necessitate an appendix.] 14-10795 04/09/2014 Writ Filed Original Writ returned. Served on Judge Stefany Miley on April 3, 2014. 14-11251 04/15/2014 Post-Judgment Petition Filed Petition for Rehearing. 14-12131 04/22/2014 Motion Filed Emergency Motion Under NRAP27(e). 14-12915 04/22/2014 Motion Filed Opposition to Emergency Motion. 14-12963 05/30/2014 Post-Judgment Order Filed Order Denying Rehearing and Denying Motion for Emergency Stay and Supplemental Appendix. "We deny rehearing." NRAP40(c). We deny the emergency motion for stay and to file supplemental appendix under seal. 14-17428 06/24/2014 Remittitur Issued Notice in Lieu/Rehearing 14-20659 06/24/2014 Case Status Update Notice in Lieu of Remittitur Issued/Case Closed 09/03/2014 Notice/Outgoing Issued Letter to Publishers with corrections to recently filed opinions. (Letter dated July 17, 2014) Nos. 58602/59387/63724/64194/56614/58345/62489/62615/57324/59290. (Letter entered in 58602 as document no. 14-29096.)