BARLOW (KEITH) v. STATE (DEATH PENALTY-DIRECT) , 2022 NV 25 ( 2022 )

77055: Case View

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Cases Participant Search 22-11773: 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: 77055 Short Caption: BARLOW (KEITH) VS. STATE (DEATH PENALTY-DIRECT) Court: Supreme Court Related Case(s): 70812 Lower Court Case(s): Clark Co. - Eighth Judicial District - C290219 Classification: Criminal Appeal - Death Penalty - Direct Disqualifications: Herndon Case Status: Remittitur Issued/Case Closed Replacement: None for Justice Herndon Panel Assigned: En Banc To SP/Judge: SP Status: Oral Argument: 12/07/2021 at 10:00 AM Oral Argument Location: Las Vegas Submission Date: 12/07/2021 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Keith Junior Barlow Navid Afshar (Former) (Special Public Defender) JoNell Thomas (Special Public Defender) Respondent The State of Nevada John T. Afshar (Clark County District Attorney) Alexander G. Chen (Clark County District Attorney) Marc P. DiGiacomo (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City) Docket Entries Date Type Description Pending? Document 09/27/2018 Filing Fee Appeal Filing Fee Waived. Criminal. 09/27/2018 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. 18-37959 09/27/2018 Notice of Appeal Documents Filed Notice of Appeal. (Second NOA) (Filed by appellant counsel Jonell Thomas/Special PD). 18-37962 10/30/2018 Record on Appeal Documents Filed Record on Appeal Volumes 1-16 (Via FTP). 18-42440 10/30/2018 Record on Appeal Documents Filed Record on Appeal Volumes 17-32 (Via FTP). 18-42441 11/01/2018 Record on Appeal Documents Filed Record on Appeal Pages 338-340 (SEALED). 11/01/2018 Record on Appeal Documents Filed Record on Appeal (Supp. PSI) Pages 3871-3882 (SEALED). 11/01/2018 Record on Appeal Documents Filed Record on Appeal (PSI) Pages 3837-3848 (SEALED). 11/15/2018 Docketing Statement Filed Docketing Statment Criminal Appeals. (SC) 18-904482 02/27/2019 Motion Filed Appellant's Motion for Extension of Time to File Opening Brief (First Request). (SC) 19-08927 03/06/2019 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief due: May 28, 2019. (SC). 19-10077 04/12/2019 Motion Filed Appellant's Motion to Supplement Record on Appeal. (SC). 19-16133 05/23/2019 Motion Filed Appellant's Motion to Supplement Record on Appeal and Motion for Extension of Time to File Opening Brief (2nd Request). (SC) 19-22490 07/11/2019 Order/Procedural Filed Order Granting Motions. District Court's (1) Jury List of the final venire panel with peremptory challenges marked; (2) 2. Notice of Motion and Motion to Correct the Record filed March 29, 2019, with exhibits attached; (3) Minute order of the district court granting the Motion to Correct the Record on April 9, 2019; (4) Court Exhibit #17 (State's Closing Powerpoint) admitted June 28, 2018; (5) Court Exhibit #18 (State's Closing Powerpoint (Penalty)) admitted July 6, 2018; and (6) State's Exhibit 51 (Crime Scene Photo Danielle at Scene) admitted June 5, 2018 due: 30 days. Appellant's Opening Brief due: 60 days. (SC). 19-29479 07/19/2019 Motion Filed Jury List of the Final Venire Panel. (STRICKEN AND RETURNED PER ORDER 11/7/19). (SC) 07/19/2019 Motion Filed Notice of Motion and Motion to Correct the Record. (STRICKEN AND RETURNED PER ORDER 11/7/19). (SC) 07/19/2019 Motion Filed District Court Minutes April 9, 2019. (STRICKEN AND RETURNED PER ORDER 11/7/19). (SC) 08/14/2019 Motion Filed Appellant's Motion to Clarify Order and Motion For Extension of Time to File Opening Brief (3rd Request) (REJECTED PER NOTICE ISSUED AUGUST 15, 2019). (SC) 08/15/2019 Notice/Outgoing Issued Notice of Rejection of Filed Document. Appellant's Motion to Clarify Order and Motion for Extension of Time to File Opening Brief (3rd Request). (SC) 19-34367 08/15/2019 Motion Filed Appellant's Motion to Clarify Order and Motion for Extension of Time to File Opening Brief (3rd Request). (SC) 19-34424 11/07/2019 Order/Procedural Filed Order Regarding Motions. The clerk of this court shall strike and return to the district court the following exhibits filed on July 19, 2019: 1. Jury List of the final venire panel with peremptory challenges marked; 2. Notice of Motion and Motion to Correct the Record filed March 29, 2019, with exhibits attached; 3. Minute order of the district court granting the Motion to Correct the Record on April 9, 2019. The clerk of this court shall return exhibits 17, 18, and 51, received on July 19, 2019, unfiled. The clerk of the district court shall have 14 days from the date of this order to paginate, index, and add the exhibits to the district court record and to transmit them to this court as volume 33 of the record on appeal. Appellant shall have 45 days from the date of this order to file and serve the opening brief. (SC) 19-45766 11/15/2019 Record on Appeal Documents Filed Record on Appeal - VOL 33. (SC). 19-46962 11/20/2019 Record on Appeal Documents Filed Record on Appeal pages 7227-7232 (SEALED). (SC). 11/20/2019 Record on Appeal Documents Filed Record on Appeal pages 7233-7244 (SEALED). (SC). 12/18/2019 Brief Filed Appellant's Opening Brief. (SC) 19-51166 02/18/2020 Motion Filed Respondent's Motion for Enlargement of Time (Answering Brief). (SC) 20-06470 03/05/2020 Order/Procedural Filed Order Granting Motion. Respondent's Answering Brief due: April 20, 2020. (SC). 20-08789 04/20/2020 Motion Filed Respondent's Motion for Enlargement of Time Second Request. (SC). 20-14847 04/23/2020 Order/Procedural Filed Order Granting Motion. Respondent shall have until June 19, 2020, to file and serve the answering brief. (SC) 20-15395 06/16/2020 Brief Filed Respondent's Answering Brief. (SC) 20-22503 07/20/2020 Other Returned Unfiled Documents - Appellant's Motion to Stay Proceedings. (SC) 20-26471 07/30/2020 Motion Filed Appellant's Motion for Extension of Time to File Reply Brief (First Request). (SC) 20-27721 07/30/2020 Motion Filed Proper Person Appellant's Motion to Dismiss Counsel and Appointment of Alternate Counsel. (SC) 20-27828 07/30/2020 Notice/Outgoing Issued Notice to Provide Proof of Service - Proper Person Appellant's Motion to Dismiss Counsel and Appointment of Alternate Counsel. Due date: 10 days. (SC) 20-27830 08/05/2020 Order/Procedural Filed Order Regarding Motions. Appellant's motion for a 60-day extension of time to file the reply brief is granted. Reply brief due: September 29, 2020. Appellant's motion for the discharge of his counsel and for the appointment of new appellate counsel is denied. (SC) 20-28795 08/10/2020 Other Returned Unfiled Document. "Motion to Supplement the Argument for Record on Appeal". 20-29263 09/29/2020 Brief Filed Appellant's Reply Brief. (SC) 20-35688 02/10/2021 Other Justice Douglas W. Herndon disqualified from participation in this matter. Disqualification Reason: Sat in District Court Proceedings. (SC). 10/08/2021 Order/Procedural Filed Order Scheduling Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, oral argument is scheduled for December 7, 2021, at 10:00 a.m. in Las Vegas. Argument shall be limited to 60 minutes. (SC) 21-28899 11/04/2021 Notice/Incoming Filed Notice for Change of Attorneys for Appellant. (SC) 21-31694 11/18/2021 Notice/Incoming Filed Notice of Supplemental Authority. (SC) 21-33268 11/24/2021 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 21-33772 12/07/2021 Case Status Update Oral argument held this day before the en banc court. Case submitted for decision. (SC) 04/14/2022 Opinion/Dispositional Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the court En Banc. Author: Silver, J. Majority: Parraguirre/Hardesty/Stiglich/Cadish/Silver/Pickering. fn1 [The Honorable Douglas W. Herndon, Justice, did not participate in the decision of this matter.] 138 Nev. Adv. Opn. No. 25. En Banc. (SC). 22-11773 05/02/2022 Post-Judgment Petition Filed Respondent's Petition for Rehearing. (SC) 22-13911 05/17/2022 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1[The Honorable Douglas W. Herndon, Justice, did not participate in the decision of this matter.] (SC) 22-15535 06/13/2022 Remittitur Issued Remittitur. (SC) 22-18713 06/13/2022 Case Status Update Remittitur Issued/Case Closed. (SC) 06/24/2022 Remittitur Filed Remittitur. Received by District Court Clerk on June 15, 2022. (SC) 22-18713 Combined Case View