BRASS (DEQUINCY) v. STATE , 2022 NV 23 ( 2022 )

81142: Case View

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Cases Participant Search 22-10815: 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: 81142 Short Caption: BRASS (DEQUINCY) VS. STATE Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - C329765 Classification: Criminal Appeal - Life - Direct Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: Panel To SP/Judge: SP Status: Oral Argument: 12/16/2021 at 10:00 AM Oral Argument Location: Carson City Submission Date: 12/16/2021 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Dequincy Brass Howard Brooks (Clark County Public Defender) Deborah L. Westbrook (Clark County Public Defender) Respondent The State of Nevada John T. Afshar (Clark County District Attorney) Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City) Docket Entries Date Type Description Pending? Document 05/06/2020 Filing Fee Appeal Filing Fee Waived. Criminal. (SC) 05/06/2020 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) (SC) 20-17154 05/11/2020 Notice of Appeal Documents Filed Notice of Appeal/Proper Person. (SC) 20-17668 05/13/2020 Notice of Appeal Documents Filed District Court Minutes, (SEALED). (SC) 05/15/2020 Notice of Appeal Documents Filed District Court Minutes (SEALED). (SC) 05/19/2020 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 02/14/18, 03/27/18, 03/29/18, 04/03/18, 07/19/18, 10/30/18, 11/08/18, 01/29/19, 02/05/19, 02/07/19, 05/07/19, 05/09/19, 05/13/19, 08/13/19, 10/01/19, 12/03/19, 12/17/19, 01/14/20, 02/25/20, 02/26/20, 02/27/20, 02/28/20, 03/02/20, 03/03/20, 04/23/20.To Court Reporter: Sharon Nichols, Norma Ramirez, Matt Yarbrough. Request for Certified Transcripts. (SC) 20-19090 05/20/2020 Docketing Statement Filed Appellant's Docketing Statement. (SC) 20-19170 06/22/2020 Motion Filed Court Recorder Matthew Yarbrough's Errata to Affidavit & Motion for Extension of Time in Which to File the Requested Transcripts. (SC) 20-23150 06/25/2020 Order/Procedural Filed Order Granting Motion. Court Reporter Matthew Yarbrough's Certificate of Delivery of Transcripts due: July 20, 2020. Appellant's Opening Brief and Appendix due: October 2, 2020. (SC). 20-23640 07/22/2020 Transcript Filed Notice from Court Reporter. Kristine Santi stating that the requested transcripts were delivered. Dates of transcripts: 2/14/18. (SC) 20-26721 07/23/2020 Transcript Filed Notice from Court Reporter. Matthew Yarbrough stating that the requested transcripts were delivered. Dates of transcripts: 07/19/18, 10/30/18, 11/08/18, 01/29/19, 02/05/19, 02/07/19, 05/07/19, 05/09/19, 08/13/19, 10/01/19, 12/03/19, 12/17/19, 01/14/20, 04/23/20, 2/25/20, 2/26/20, 2/27/20, 3/02/20, 3/03/20. (SC) 20-26888 09/24/2020 Motion Filed Stipulation to File Opening Brief. (SC) 20-35246 10/01/2020 Order/Procedural Filed Order Approving Stipulation. Appellant's Opening Brief and Appendix due: November 2, 2020. (SC). 20-35986 10/28/2020 Motion Filed Appellants' Motion to Extend Time to file Opening Brief due to Missing Sealed Transcript. (SC) 20-39563 11/06/2020 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: January 6, 2021. (SC). 20-40711 01/06/2021 Motion Filed Appellant's Motion to Extend Time to File Opening Brief. (Third Request). (SC) 21-00340 01/15/2021 Order/Procedural Filed Order Regarding Motion. Appellant shall have until January 27, 2021, to file and serve the opening brief and appendix. (SC) 21-01389 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 1. (SC) 21-02350 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 2. (SC) 21-02351 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 3. (SC) 21-02353 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 4 (SC) 21-02355 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 5. (SC) 21-02360 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 6. (SC) 21-02361 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 7. (SC) 21-02362 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 8. (SC) 21-02364 01/26/2021 Motion Filed Appellant's Motion for Leave to File Opening Brief in Excess of Type-Volume Limitation. (SC) 21-02378 01/26/2021 Brief Filed Appellant's Opening Brief. (SC) 21-02379 01/26/2021 Appendix Filed Appendix to Opening Brief. Vol. 9. (SC) 21-02386 01/29/2021 Order/Procedural Filed Order Granting Motion. Appellant's motion for leave to file an opening brief in excess of the type-volume limitation is granted. The opening brief was filed on January 26, 2021. Respondent shall have 30 days from the date of this order to file the answering brief. (SC) 21-02845 02/22/2021 Motion Filed Appellant's Motion to Supplement Opening Brief to Reference a Newly Discovered Bar Complaint Against Mitchell L. Posin That Was Pending During Both Young Hearings. (SC) 21-05233 02/25/2021 Notice/Incoming Filed Respondent's Notice of Appearance for John T. Niman. (SC) 21-05651 02/25/2021 Motion Filed Respondent's Motion to Extend Time to File Answering Brief. (SC) 21-05652 02/25/2021 Motion Filed Respondent's Opposition to Motion to Supplement Opening Brief to Reference a Newly Discovered Bar Complaint Against Mitchell Posin that was Pending During Both Young Hearings. (SC) 21-05653 03/01/2021 Motion Filed Appellant's Reply in Support of Motion to Supplement Opening Brief to Reference a Newly Discovered Bar Complaint Against Mitchell L. Posin That Was Pending During Both Young Hearings. (SC) 21-05984 03/05/2021 Order/Procedural Filed Order. Appellant has filed a motion to supplement the opening brief. The motion is denied. Respondent shall have until April 30, 2021, to file and serve the answering brief. (SC) 21-06454 04/30/2021 Motion Filed Respondent's Motion to Extend Time to File Answering Brief. (SC) 21-12405 05/06/2021 Order/Procedural Filed Order Granting Motion. Respondent's answering brief due: June 1, 2021. (SC) 21-13034 06/01/2021 Motion Filed Respondent's Motion to Extend Time To File Answering Brief. (3rd Request). (SC) 21-15535 06/04/2021 Order/Procedural Filed Order Denying Motion. Respondent shall have until June 8, 2021, to file and serve the answering brief. (SC) 21-16088 06/04/2021 Motion Filed Respondent's Motion for Leave to File Answering Brief in Excess of Type-Volume Limitations. (SC) 21-16110 06/04/2021 Brief Filed Respondent's Answering Brief. (SC) 21-16111 06/07/2021 Motion Filed Appellant's Partial Opposition to Motion for Leave to File Answering Brief in Excess of Type-Volume Limitations. (SC) 21-16169 06/10/2021 Order/Procedural Filed Order Granting Motion. Respondent has filed a motion for leave to file an answering brief that exceeds the type-volume limitations of NRAP 32(a)(7)(A) by 10,147 words. Appellant opposes the motion in part. The motion is granted. The answering brief was filed on June 4, 2021. Appellant shall have until July 6, 2021, to file and serve a reply brief, if deemed necessary. (SC) 21-16761 06/29/2021 Motion Filed Stipulation to File Reply Brief. (SC) 21-18727 06/30/2021 Notice/Outgoing Issued Notice Motion/Stipulation Approved for Reply Brief. Due date August 5, 2021. (SC) 21-18748 08/05/2021 Motion Filed Appellant's Motion to Extend Time to File Reply Brief. (SC) 21-22705 08/10/2021 Motion Filed Appellant's Motion for Leave to File Reply Brief With Excess Pages. (SC) 21-23231 08/10/2021 Brief Filed Appellant's Reply Brief. (SC) 21-23232 08/20/2021 Order/Procedural Filed Order Granting Motions. Appellant's motions requesting a second extension of time to file the reply brief and for leave to file a reply brief in excess of the type-volume limitation are granted. The reply brief was filed on August 10, 2021. (SC) 21-24358 08/20/2021 Case Status Update Briefing Completed/To Screening. (SC) 11/02/2021 Order/Procedural Filed Order Scheduling Oral Argument. Oral argument is scheduled for December 16, 2021, at 10:00 a.m. in Carson City. Argument shall be limited to 30 minutes. (SC) 21-31499 12/01/2021 Notice/Outgoing Issued Oral Argument Reminder Notice. (SC) 21-34249 12/14/2021 Order/Procedural Filed Order Regarding Oral Argument. Oral Argument in this matter is currently scheduled for December 16, 2021, at 10:00 a.m. in Carson City. Given the inclement weather in Carson City and health concerns related to the pandemic, counsel may appear in person in the Carson City or Las Vegas courtroom or by videoconference. At least one Justice will be in the Carson City and Las Vegas courtrooms. If counsel appears by videoconference, the court will use the BlueJeans videoconferencing system, which requires laptop/desktop/videoconferencing computer internet access and audio and video (web camera) capability. In case technical difficulties develop at any time, the court will conduct the oral argument by teleconference, which will require counsel to have immediate access to a landline phone connection. Counsel shall notify the clerk of court no later than 3:00 p.m. on December 14, 2021, if counsel intends to appear for oral argument by videoconference or in person and which courtroom. Counsel may notice the clerk of court by telephone at (775) 684-1600 or by email at nvscclerk@nvcourts.nv.gov. (SC) 21-35577 12/16/2021 Case Status Update Oral argument held this day. Case submitted for decision. Before the Northern Nevada Panel. EC/KP/DH. (SC). 04/07/2022 Opinion/Dispositional Filed Authored Opinion. "Reversed and remanded." Before: Cadish/Pickering/Herndon. Author: Cadish, J. Majority: Cadish/Pickering/Herndon.138 Nev. Adv. Opn. No. 23. NNP21-EC/KP/DH. (SC). 22-10815 05/02/2022 Remittitur Issued Remittitur. (SC) 22-13831 05/02/2022 Case Status Update Remittitur Issued/Case Closed. (SC) 05/20/2022 Remittitur Filed Remittitur. Received by District Court Clerk on May 3, 2022. (SC) 22-13831 Combined Case View