ANDERSON (ARNOLD) VS. STATE ( 2019 )

74076: Case View

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Cases Participant Search 19-48496: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. 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: 74076 Short Caption: ANDERSON (ARNOLD) VS. STATE Court: Supreme Court Related Case(s): 72102, 73351, 74736, 82917, 82917-COA Lower Court Case(s): Clark Co. - Eighth Judicial District - C319021 Classification: Criminal Appeal - Other - Direct Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: Panel To SP/Judge: SP Status: Oral Argument: 02/20/2019 at 10:30 AM Oral Argument Location: Las Vegas Submission Date: 02/20/2019 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Arnold Keith Anderson Lisa A. Rasmussen (The Law Office of Kristina Wildeveld & Associates) Sandra L. Stewart Respondent The State of Nevada Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City) Binu G. Palal (Clark County District Attorney) Charles W. Thoman (Clark County District Attorney) Docket Entries Date Type Description Pending? Document 09/27/2017 Filing Fee Appeal Filing fee waived. Criminal. 09/27/2017 Notice of Appeal Documents Filed Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 17-32893 10/30/2017 Order/Procedural Filed Order. Although the district court currently retains jurisdiction, upon the entry of the judgment of conviction, appellate jurisdiction will be vested in this court. Upon entry of the judgment of conviction, the clerk of the district court shall immediately transmit a certified copy of the judgment to the clerk of this court. 17-36980 12/11/2017 Order/Incoming Filed District court order. Certified copy of the Judgment of Conviction (Jury Trial) filed in District Court on December 5, 2017. 17-42496 12/13/2017 Notice of Appeal Documents Filed Copy of District Court Minutes. 17-42880 12/22/2017 Order/Procedural Filed Order Setting Briefing Schedule. Transcript Request Form due: 20 days. Opening Brief and Appendix due: 120 days. 17-44221 12/22/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 11/14/17. To Court Reporter: Patti Slattery. 17-44411 12/22/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 10/31/16. To Court Reporter: Kiara Schmidt. 17-44412 12/26/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 01/19/17, 01/24/17, 01/31/17, 03/07/17, 03/16/17, 03/23/17, 04/13/17, 05/04/17, 05/25/17, 06/13/17, 07/25/17, 08/22/17, 08/29/17, 08/30/17, 08/31/17, 09/01/17, 10/24/17, 10/31/17, 11/30/17, 12/07/17. To Court Reporter: Kristine Santi 17-44416 12/26/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 12/01/16, 12/06/16, 12/13/16, 12/22/16. To Court Reporter: Kristine Cornelius. 17-44417 12/26/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 09/07/16, 09/13/16, 09/21/16, 10/05/16, 10/12/16. To Court Reporter: Robert Cangemi. 17-44418 12/26/2017 Docketing Statement Filed Docketing Statement Criminal Appeals. 17-44470 01/10/2018 Order/Procedural Filed Order Administratively Closing Appeal and Transferring Documents. We direct the clerk of this court to administratively close Docket No. 74736 and transfer to Docket No. 74076 all documents filed or received in Docket No. 74736. Nos. 74076/74736. 18-01309 01/10/2018 Notice of Appeal Documents Filed Notice of Appeal. (TRANSFERRED FROM DOCKET NO. 74736 PER ORDER 1/10/18). 18-01313 02/09/2018 Notice/Incoming Filed Appellant's Notice Of Non-Preparation Of Transcripts. 18-05515 02/13/2018 Order/Procedural Filed Order Regarding Transcripts and Denying Motion for Extension of Time. Kristine Santi's Court Reporter Certificate due: 20 days. Although the notice filed by appellant does not comply with the requirements for a motion for an extension of time, we elect to construe the notice as such. The motion id denied at this time. Appellant may renew the motion as the deadline for filing the opening brief and appendix approaches, if deemed necessary. 18-05810 02/13/2018 Transcript Filed Notice from Court Reporter. Kiara Schmidt stating that the requested transcripts were delivered. Dates of transcripts: 10/31/16. 18-05955 02/16/2018 Motion Filed Court Recorder Kristine Santi's Affidavit & Motion for Extension for Transcripts. 18-06561 02/16/2018 Transcript Filed Notice from Court Reporter. Kristine Santi stating that the requested transcripts were delivered. Dates of transcripts: 8/28/17, 8/29/17, 8/30/17, 9/1/17, 8/31/17. 18-06574 02/16/2018 Transcript Filed Notice from Court Reporter. Kristine Santi stating that the requested transcripts were delivered. Dates of transcripts: 12/1/16, 12/6/16, 12/13/16, 12/22/16, 1/19/17, 1/24/17, 1/31/17, 3/7/17, 3/16/17, 3/23/17, 4/13/17, 5/4/17, 5/25/17, 6/13/17, 7/25/17, 8/22/17, 10/24/17, 10/31/17, 11/30/17, 12/7/17, 11/14/17. 18-06575 02/27/2018 Order/Procedural Filed Order. Court recorder Kristine Santi has filed a motion for an extension of time to file the certificate required by NRAP 9(c)(2). The certificates were inadvertently filed on February 16, 2018. Accordingly, we take no action on the motion. 18-07669 04/23/2018 Brief Filed Appellant's Opening Brief. 18-15435 04/23/2018 Appendix Filed Appellant's Appendix Volumes 1-8. 18-15438 05/23/2018 Motion Filed Respondent's Motion to Transmit Presentence Investigation Report. 18-19759 05/23/2018 Brief Filed Respondent's Answering Brief. (PORTIONS STRICKEN PER 06/21/18 ORDER). 18-23744 05/24/2018 Motion Filed Appellant's Opposition To Motion To Transmit Presentence Investigation Report. 18-20022 06/21/2018 Order/Procedural Filed Order Denying Motion to Transmit Presentence Investigation Report and Striking Answering Brief. Respondent has filed a motion to transmit the presentence investigation report. Respondent does not demonstrate that this court's review of the PSI is necessary. Because we deny the motion to transmit the PSI, we also strike the portion of the answering brief that relies on that document. The clerk of this court shall strike the portion of the answering brief beginning on page 4 with the words "The facts relevant" and ending on page 5 with the phrase "November 7, 2017, at 6." 18-23741 06/21/2018 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's Reply Brief due: July 6, 2018. 18-23811 07/02/2018 Brief Filed Appellant's Reply Brief. 18-24941 07/02/2018 Case Status Update Briefing Completed/To Screening. 01/04/2019 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Wednesday, February 20, 2019, at 10:30 a.m. for 30 minutes in Las Vegas. (SC) 19-00593 01/14/2019 Notice/Incoming Filed Notice of Association of Counsel for Oral Argument (Lisa A. Rasmussen for Appellant). (SC) 19-02032 02/06/2019 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 19-05717 02/20/2019 Case Status Update Oral argument held this day. Case submitted for decision. Before the Southern Nevada Panel JH/LS/AS. (SC) 09/05/2019 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before: Hardesty/Stiglich/Silver. Author: Stiglich, J. Majority: Hardesty/Stiglich/Silver. 135 Nev. Adv. Opn. No. 37. SNP19-JH/LS/AS (SC) (OPINION WITHDRAWN PER 10/31/19 ORDER). 19-37064 09/09/2019 Post-Judgment Petition Filed Appellant's Petition For Rehearing/Request For En Banc Consideration. (SC) 19-37644 10/31/2019 Order/Procedural Filed Order Withdrawing Opinion. On September 5, 2019, an authored opinion by Justice Stiglich was filed in this case, with Justices Hardesty and Silver concurring. Justice Silver's separately written concurrence inadvertently did not get filed with the opinion, however. Accordingly, we direct the clerk of this court to withdraw the prior opinion from publication. A substitute opinion will be issued in its place. (SC). 19-44843 11/27/2019 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before Hardesty, Stiglich and Silver, JJ. Author: Stiglich, J. Majority: Hardesty/Stiglich. Silver, J., concurring. 135 Nev. Adv. Opn. No. 56. (SC) 19-48496 12/15/2019 Post-Judgment Petition Filed Appellant's Petition for Rehearing/Request for Petition for En Banc Reconsideration (from 11-27-19 opinion). (SC) 19-50727 01/20/2020 Notice/Incoming Filed Lisa Rasmussen, Esq.'s Notice of Attorney Change of Firm, Address, Phone and Email Addresses. (SC) 20-02655 02/12/2020 Notice/Incoming Filed Notice Of Change Of Attorney Address And Phone (Sandra Stewart). (SC) 20-05931 02/18/2020 Post-Judgment Order Filed Order Denying Rehearing. "We deny rehearing." NRAP 40(c). However, we direct the clerk of this court to delete "Anderson's" on line 1 of page 2 of the concurring opinion and replace it with "victim's." The corrected sentence shall read as follows: "Nevertheless, because overwhelming evidence of guilt was adduced at trial, including the victim's and victim's girlfriend's testimony that Anderson was the shooter, the error was harmless." (SC). 20-06450 03/16/2020 Remittitur Issued Remittitur. (SC) 20-10081 03/16/2020 Case Status Update Remittitur Issued/Case Closed. (SC) 04/22/2020 Remittitur Filed Remittitur. Received by District Court Clerk on March 26, 2020. (SC) 20-10081 Combined Case View