IN RE: APPLICATION OF SMITH (BRECK)

82696: Case View

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Case Information: 82696 Short Caption: IN RE: APPLICATION OF SMITH (BRECK) Court: Supreme Court Lower Court Case(s): Clark Co. - Eighth Judicial District - C337302 Classification: Criminal Appeal - Other - Post-Conviction Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: Panel To SP/Judge: SP Status: Oral Argument: Oral Argument Location: Submission Date: 03/18/2022 How Submitted: On Briefs + Party Information Role Party Name Represented By Amicus Curiae Nevada Justice Association Micah S. Echols (Claggett & Sykes Law Firm) A. J. Sharp (Sharp Law Center) Thomas W. Stewart (The Powell Law Firm) Appellant The State of Nevada Aaron D. Ford (Attorney General/Carson City) Katrina A. Samuels (Attorney General/Las Vegas) Respondent Breck Warden Smith Michael J. Mcavoyamaya (McAvoy Amaya & Revero, Attorneys) Timothy E. Revero (McAvoy Amaya & Revero, Attorneys) Docket Entries Date Type Description Pending? Document 03/31/2021 Filing Fee Appeal Filing Fee Waived. Criminal. (SC) 03/31/2021 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement and Notice of Briefing Schedule mailed to counsel for appellant.) (SC) 21-09320 04/14/2021 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: 1/27/21. To Court Reporter: Dana J. Tavaglione. (SC) 21-10777 04/20/2021 Docketing Statement Filed Appellant's Criminal Docketing Statement. (SC) 21-11462 04/27/2021 Motion Filed Appellee's (Respondent's) Motion to Dismiss Appeal for Lack of Subject Matter Jurisdiction. (SC) 21-12046 05/03/2021 Motion Filed Appellant's Response to Motion to Dismiss. (SC) 21-12629 05/10/2021 Motion Filed Respondent's Reply in Support of Motion to Dismiss Appeal. (SC) 21-13367 07/15/2021 Order/Procedural Filed Order Denying Motion to Dismiss. Respondent has filed a motion to dismiss this appeal as untimely. Appellant opposes the motion and respondent has replied. The motion to dismiss is denied. (SC) 21-20382 07/29/2021 Brief Filed Appellant's Opening Brief. (SC) 21-22106 07/29/2021 Appendix Filed Appellant's Appendix to Opening Brief. Vol. 1 (SC) 21-22109 08/27/2021 Brief Filed Respondent's Answering Brief. (SC) 21-25065 08/27/2021 Appendix Filed Respondent's Appendix to Answering Brief. Vol. 1. (SC) 21-25066 08/30/2021 Notice/Incoming Filed Notice of Appearance of Amicus Counsel. (SC) 21-25125 09/03/2021 Motion Filed Motion to Extend Time to File Amicus Brief. (SC) 21-25715 09/09/2021 Motion Filed Appellant's Response to the Nevada Justice Association's Request for an Extension of Time to File an Amicus Curiae Brief and a Request for an Extension of Time for the State to File the Reply Brief. (SC ) 21-26169 09/27/2021 Order/Procedural Filed Order Granting Motion. NJA shall have until October 5, 2021, to file a motion for leave to file a brief of amicus curiae. Alternatively, within the same time period, NJA may file a written consent of all parties to file the amicus brief. (SC) 21-27761 10/05/2021 Motion Filed Motion for Leave to File Amicus Curiae Brief of the Nevada Justice Association. (In Support of Respondent). (SC) 21-28611 10/05/2021 Brief Filed Amicus Brief of the Nevada Justice Association. (In Support of Respondent). (SC) 21-28612 10/21/2021 Order/Procedural Filed Order Granting Motion. The unopposed motion of the Nevada Justice Association for leave to file a brief of amicus curiae in support of respondent is granted. The amicus brief was filed on October 5, 2021. Appellant shall have 30 days from the date of this order to file and serve any reply brief, including any response to the brief of amicus curiae. (SC) 21-30317 11/22/2021 Order/Clerk's Filed Order Granting Extension Per Telephonic Request. Appellant's reply brief due: December 6, 2021. (SC) 21-33540 12/06/2021 Brief Filed Appellant's Reply Brief. (SC) 21-34778 12/07/2021 Case Status Update Briefing Completed/Submitted For Decision. (SC) 03/18/2022 Order/Procedural Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this matter shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. (SC) 22-08607 03/24/2022 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Before: Silver/Cadish/Pickering. Author: Silver, J. Majority: Silver/Cadish/Pickering. 138 Nev. Adv. Opn. No. 16. NNP22-AS/EC/KP. (SC). 22-09216 04/18/2022 Remittitur Issued Remittitur. (SC) 22-12095 04/18/2022 Case Status Update Remittitur Issued/Case Closed. (SC) 04/29/2022 Remittitur Filed Remittitur. Received by District Court Clerk on April 19, 2022. (SC) 22-12095 Combined Case View