CHAPPELL (JAMES) v. STATE (DEATH PENALTY-PC) ( 2021 )

77002: Case View

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Cases Participant Search 21-37157: 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: 77002 Short Caption: CHAPPELL (JAMES) VS. STATE (DEATH PENALTY-PC) Court: Supreme Court Related Case(s): 29884, 43493, 49478, 61967 Lower Court Case(s): Clark Co. - Eighth Judicial District - C131341 Classification: Criminal Appeal - Death Penalty - Post-Conviction Disqualifications: Douglas, Herndon, Silver Case Status: Remittitur Stayed Replacement: None for Justice Herndon Panel Assigned: En Banc To SP/Judge: SP Status: Oral Argument: Oral Argument Location: Submission Date: 01/07/2021 How Submitted: On Record And Briefs + Party Information Role Party Name Represented By Amicus Curiae Nevada Attorneys for Criminal Justice Deborah L. Westbrook (Clark County Public Defender) Appellant James Montell Chappell Ellesse D. Henderson (Federal Public Defender/Las Vegas) Bradley D. Levenson (Federal Public Defender/Las Vegas) Rene L. Valladares (Federal Public Defender/Las Vegas) Scott Wisniewski (Federal Public Defender/Las Vegas) Respondent The State of Nevada Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City) Karen L. Mishler (Clark County District Attorney) + Due Items Due Date Status Due Item Due From 09/06/2022 Open Remittitur Docket Entries Date Type Description Pending? Document 09/21/2018 Filing Fee Appeal Filing Fee Waived. Criminal. 09/21/2018 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 18-37012 09/21/2018 Other Chief Justice Michael L Douglas disqualified from participation in this matter. Disqualification Reason: Parties. 10/04/2018 Transcript Request Filed Certificate of No Transcript Request (Certification Under NRAP 9(A)). 18-38915 10/11/2018 Docketing Statement Filed Docketing Statement Criminal Appeals. 18-39878 01/16/2019 Motion Filed Appellant's Request For Extension Of Time Within Which To File Appellant's Opening Brief. (SC) 19-02539 01/31/2019 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: April 22, 2019. (SC). 19-04760 02/06/2019 Other Justice Abbi Silver disqualified from participation in this matter. (SC) 04/22/2019 Motion Filed Appellant's Request For Extension Of Time Within Which To File Appellant's Opening Brief (Second Request). (SC) 19-17573 04/25/2019 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: May 2, 2019. (SC) 19-18292 05/02/2019 Brief Filed Appellant's Opening Brief. (SC) 19-19239 05/02/2019 Appendix Filed Appellant's Appendix Volume 1. (SC) 19-19241 05/02/2019 Appendix Filed Appellant's Appendix Volume 2. (SC) 19-19243 05/02/2019 Appendix Filed Appellant's Appendix Volume 3. (SC) 19-19244 05/02/2019 Appendix Filed Appellant's Appendix Volume 4. (SC) 19-19245 05/02/2019 Appendix Filed Appellant's Appendix Volume 5. (SC) 19-19246 05/02/2019 Appendix Filed Appellant's Appendix Volume 6. (SC) 19-19247 05/02/2019 Appendix Filed Appellant's Appendix Volume 7. (SC) 19-19248 05/02/2019 Appendix Filed Appellant's Appendix Volume 8. (SC) 19-19249 05/02/2019 Appendix Filed Appellant's Appendix Volume 9. (SC) 19-19250 05/02/2019 Appendix Filed Appellant's Appendix Volume 10. (SC) 19-19252 05/02/2019 Appendix Filed Appellant's Appendix Volume 11. (SC) 19-19254 05/02/2019 Appendix Filed Appellant's Appendix Volume 12. (SC) 19-19255 05/02/2019 Appendix Filed Appellant's Appendix Volume 13. (SC) 19-19258 05/02/2019 Appendix Filed Appellant's Appendix Volume 14. (SC) 19-19260 05/02/2019 Appendix Filed Appellant's Appendix Volume 15. (SC) 19-19262 05/02/2019 Appendix Filed Appellant's Appendix Volume 16. (SC) 19-19266 05/02/2019 Appendix Filed Appellant's Appendix Volume 17. (SC) 19-19268 05/02/2019 Appendix Filed Appellant's Appendix Volume 18. (SC) 19-19269 05/02/2019 Appendix Filed Appellant's Appendix Volume 19. (SC) 19-19271 05/02/2019 Appendix Filed Appellant's Appendix Volume 20. (SC) 19-19272 05/02/2019 Appendix Filed Appellant's Appendix Volume 21. (SC) 19-19274 05/02/2019 Appendix Filed Appellant's Appendix Volume 22. (SC) 19-19278 05/02/2019 Appendix Filed Appellant's Appendix Volume 23. (SC) 19-19280 05/02/2019 Appendix Filed Appellant's Appendix Volume 24. (SC) 19-19281 05/02/2019 Appendix Filed Appellant's Appendix Volume 25. (SC) 19-19283 05/02/2019 Appendix Filed Appellant's Appendix Volume 26. (SC) 19-19284 05/02/2019 Appendix Filed Appellant's Appendix Volume 27. (SC) 19-19285 05/02/2019 Appendix Filed Appellant's Appendix Volume 28. (SC) 19-19288 05/02/2019 Appendix Filed Appellant's Appendix Volume 29. (SC) 19-19289 05/02/2019 Appendix Filed Appellant's Appendix Volume 30. (SC) 19-19291 05/02/2019 Appendix Filed Appellant's Appendix Volume 31. (SC) 19-19292 06/03/2019 Motion Filed Respondent's Motion for Enlargement of Time (Answering Brief). (SC) 19-23877 06/19/2019 Order/Procedural Filed Order Granting Motion. Respondent shall have until August 2, 2019, to file and serve the answering brief. (SC) 19-26486 08/02/2019 Motion Filed Respondent's Motion for Enlargement of Time - Second Request (Answering Brief). (SC) 19-32659 08/14/2019 Order/Procedural Filed Order Granting Motion. Respondent's Answering Brief due: October 1, 2019. (SC). 19-34158 09/30/2019 Brief Filed Respondent's Answering Brief. (SC) 19-40419 10/29/2019 Motion Filed Request For Extension Of Time Within Which To File Appellant's Reply Brief. (SC) 19-44446 11/07/2019 Order/Procedural Filed Order Granting Motion. Appellant shall have until December 30, 2019, to file and serve the reply brief. (SC) 19-45787 12/27/2019 Brief Filed Appellant's Reply Brief. (SC) 19-52209 12/27/2019 Appendix Filed Appellant's Reply Appendix Volume 1 of 1. (SC) 19-52210 12/27/2019 Case Status Update Briefing Completed. (SC) 12/29/2020 Other Justice Douglas W. Herndon disqualified from participation in this matter. Disqualification Reason: Sat in District Court Proceedings 01/07/2021 Order/Procedural Filed Order Submitting for Decision Without Oral Argument. (SC) 21-00379 12/30/2021 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before the Court En Banc. Author: Cadish, J. Majority: Hardesty/Parraguirre/Stiglich/Cadish/Pickering. fn1 [The Honorable Abbi Silver, Justice, and Honorable Douglas W. Herndon, Justice, did not participate in the decision of this matter.] 137 Nev. Adv. Opn. No. 83. En Banc. (SC) 21-37157 01/14/2022 Motion Filed Appellant's Motion to Extend Time to file Petition for Rehearing. (SC) 22-01523 01/19/2022 Order/Procedural Filed Order Granting Motion. Appellant shall have until February 17, 2022, to file and serve a petition for rehearing. If no petition for rehearing is timely filed, the clerk of this court shall issue the remittitur. (SC) 22-01876 02/17/2022 Notice/Incoming Filed Appellant's Notice Request Judicial Notice of Court Records. (REJECTED PER NOTICE FILED ON 2/17/22) (SC) 02/17/2022 Post-Judgment Petition Filed Appellant's Petition for Rehearing. (REJECTED PER NOTICE FILED ON 2/17/22) (SC) 02/17/2022 Filing Fee Rehearing Filing fee waived. (SC) 02/17/2022 Notice/Outgoing Issued Notice of Rejection - Appellant's Notice Request Judicial Notice of Court Records and Petition for Rehearing. (No Notice of Appearance for Attorney David Anthony.) (SC) 22-05358 02/17/2022 Notice/Incoming Filed Appellant's Request to Take Judicial Notice of Court Records. (SC) 22-05385 02/17/2022 Post-Judgment Petition Filed Appellant's Petition for Rehearing. (SC) 22-05387 02/17/2022 Filing Fee Rehearing Filing fee waived. (SC) 02/22/2022 Notice/Incoming Filed Notice of Appearance for Amicus Curiae (Nevada Attorneys for Criminal Justice.) (SC) 22-05816 02/22/2022 Motion Filed Motion for Permission to File Amicus Curiae Brief. (SC) 22-05817 02/22/2022 Brief Filed Brief of Amicus Curiae Nevada Attorneys for Criminal Justice, In Support of Appellant's Petition for Rehearing. (SC) 22-05819 02/28/2022 Order/Procedural Filed Order Directing Answer to Petition for Rehearing. Respondent's Answer due: 14 days. (SC) 22-06395 03/10/2022 Order/Procedural Filed Order Granting Motions. Appellant has filed a motion for this court to take judicial notice of a different matter that involves the same issues present in the instant appeal in order to demonstrate to this court how the postconviction issues in this appeal play out. The motion is granted. However, upon consideration of the merits, this court will disregard any information that is determined to be inappropriate for consideration. Proposed amicus curiae, Nevada Attorneys for Criminal Justice (NACJ), have filed a motion for leave to file an amicus brief in support of appellant's petition for rehearing. The motion is granted. The amicus brief was filed on February 22, 2022. (SC). 22-07757 03/11/2022 Notice/Incoming Filed Respondent's Notice of Appearance for Karen L. Mishler. (SC) 22-07851 03/11/2022 Post-Judgment Petition Filed Respondent's Answer to Petition for Rehearing. (SC) 22-07852 03/24/2022 Post-Judgment Order Filed Order Denying Rehearing. "Rehearing Denied." NRAP 40(c). fn1[Justice Abbi Silver and Justice Douglas Herndon did not participate in the decision of this matter.] (SC) 22-09198 03/28/2022 Motion Filed Appellant's Motion for Stay of Remittitur Pending Filing of Petition for Writ of Certiorari. (SC) 22-09547 04/05/2022 Order/Procedural Filed Order Granting Motion to Stay Issuance of Remittitur. Appellant has now filed a motion to stay issuance of the remittitur pending consideration of filing a writ of certiorari with the United States Supreme Court. The motion is granted. Issuance of the remittitur is hereby stayed until August 16, 2022. If the clerk of this court receives written notice by August 16, 2022, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by August 16, 2022, the clerk shall issue the remittitur. (SC) 22-10528 06/21/2022 Notice/Incoming Filed Notice of an Application for an Extension of Time to File Petition for a Writ of Certiorari until August 20, 2022. (SC) 22-19610 06/28/2022 Order/Procedural Filed Order. Appellant has filed a notice informing this court that the time for filing the petition has been extended to August 20, 2022. Accordingly, the stay of the issuance of the remittitur is hereby extended until September 6, 2022. . If the clerk of this court receives written notice by September 6, 2022, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by September 6, 2022, the clerk shall issue the remittitur. (SC) 22-20383 Combined Case View