GATHRITE (DEANDRE) VS. DIST. CT. (STATE) , 2019 NV 54 ( 2019 )

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Cases Case Search Participant Search 19-45722: 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: 77529 Short Caption: GATHRITE (DEANDRE) VS. DIST. CT. (STATE) Court: Supreme Court Related Case(s): 77081, 77081-COA Lower Court Case(s): Clark Co. - Eighth Judicial District - C334135 Classification: Original Proceeding - Criminal - Mandamus/Prohibition Disqualifications: Case Status: Notice in Lieu of Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Oral Argument: 07/19/2019 at 11:30 AM Oral Argument Location: Las Vegas Submission Date: 07/19/2019 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Amicus Curiae Nevada Attorneys for Criminal Justice Sarah K. Hawkins (Clark County Public Defender) Petitioner Deandre Gathrite Adrian M. Lobo (Lobo Law PLLC) Real Party in Interest The State of Nevada Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City) Respondent Douglas W. Herndon Respondent The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark Docket Entries Date Type Description Pending? Document 11/30/2018 Filing Fee Petition Filing Fee Waived. Criminal. (SC) 11/30/2018 Petition/Writ Filed Petition for Writ of Mandamus or Prohibition Directing the Honorable Douglas Herndon to Dismiss the Case Against the Petitioner. (SC) 18-906355 11/30/2018 Appendix Filed Appendix to Petition for Writ - Volume 1. (SC) 18-906357 11/30/2018 Appendix Filed Appendix to Petition for Writ - Volume 2. (SC) 18-906358 11/30/2018 Appendix Filed Appendix to Petition for Writ - Volume 3. (SC) 18-906359 12/07/2018 Motion Filed Motion of Nevada Atorneys for Criminal Justice (NACJ) for Leave to File Brief of Amicus Curiae in support of Petitioner and Dismissal of the Indictment Against Him. (SC) 18-907544 01/14/2019 Order/Procedural Filed Order Granting Motion. The clerk shall file the amicus brief received on December 7, 2018. (SC). 19-01947 01/14/2019 Brief Filed Amicus Brief of Nevada Attorneys for Criminal Justice (NACJ) in Support of Petitioner and Dismissal of the Indictment Against Him. (SC). 19-01948 01/17/2019 Order/Procedural Filed Order Directing Answer. Having reviewed the petition, we have determined that an answer would assist this court in resolving the petition. According, the real party in interest, on behalf of respondents, shall have 20 days from the date of this order to file an answer, including authorities, against issuance of the requested writ. (SC) 19-02845 01/31/2019 Petition/Writ Filed Real Party in Interest's Answer to Petition for Writ of Prohibition and Mandamus. (SC) 19-04767 02/19/2019 Motion Filed Petitioner's Motion For Leave to File Reply Brief to State's Answer to Petition for Writ of Prohibition and Mandamus. (SC) 19-07690 02/25/2019 Order/Procedural Filed Order Granting Motion. The clerk shall file the reply received on February 19, 2019. (SC). 19-08574 02/25/2019 Petition/Writ Filed Petitioner's Reply In Support of Petition For Writ of Prohibition and Mandamus to Dismiss the Case Against Petitioner. (SC). 19-08575 06/03/2019 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Friday, July 19, 2019, at 11:30 a.m. for 30 minutes in Las Vegas. (SC) 19-23990 07/03/2019 Brief Filed Petitioner Deandre Gathrite's Notice of Supplemental Authorities. (SC). 19-28631 07/08/2019 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 19-28914 07/19/2019 Case Status Update Oral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. JH/LS/AS (SC) 11/07/2019 Opinion/Dispositional Filed Authored Opinion. "Petition granted in part and denied in part." Before Hardesty/Stiglich/Silver. Author: Stiglich, J. Majority: Stiglich/Hardesty/Silver. 135 Nev. Adv. Opn. No. 54. SNP19-JH/LS/AS (SC) 19-45722 11/07/2019 Writ Issued Writ with letter. Original and two copies of writ and two copies of the order mailed to Attorney Adrian M. Lobo for service upon Judge Douglas W. Herndon. (SC) 19-45765 11/19/2019 Post-Judgment Petition Filed Real Party in Interest's Petition for Rehearing. (SC) 19-47282 11/20/2019 Writ Filed Returned Writ. Original Writ returned. Served on Judge Douglas Herndon on November 12, 2019. (SC). 19-47576 12/20/2019 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). (SC) 19-51616 12/30/2019 Post-Judgment Petition Filed Real Party in Interest's Petition for En Banc Reconsideration. (SC) 19-52390 01/24/2020 Post-Judgment Order Filed Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC. (SC). 20-03398 02/18/2020 Remittitur Issued Notice in Lieu/Rehearing. (SC) 20-06391 02/18/2020 Case Status Update Notice in Lieu of Remittitur Issued/Case Closed. (SC) Combined Case View