Brown v. McDaniel, 331 P.3d 867

60065: Case View

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Cases Case Search Participant Search 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: 60065 Short Caption: BROWN (CHRISTOPHER) VS. WARDEN Classification: Criminal Appeal - Other - Post-Conviction Related Case(s): 45026, 51847 Lower Court Case(s): Washoe Co. - Second Judicial District - CR040978 Case Status: Remittitur Issued/Case Closed Disqualifications: Panel Assigned: En Banc Replacement: To SP/Judge: SP Status: Oral Argument: 01/06/2014 at 1:30 PM Oral Argument Location: Carson City Submission Date: 01/06/2014 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Amicus Curiae Nevada Attorneys for Criminal Justice Robert Arroyo (Special Public Defender) Marc Picker Amicus Curiae Nevada District Attorneys Association Steven S. Owens (Clark County District Attorney) Appellant Christopher Brown Megan Hoffman (Federal Public Defender/Las Vegas) Ryan Neil Norwood (Federal Public Defender/Las Vegas) Rene L. Valladares (Federal Public Defender/Las Vegas) Respondent E.K. McDaniel Michael Bongard (Attorney General/Ely) Jeffrey M. Conner (Attorney General/Carson City) Catherine Cortez Masto (Attorney General/Carson City) Terrence P. McCarthy (Washoe County District Attorney) 14-25858: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Docket Entries Date Type Description Pending? Document 01/20/2012 Filing Fee Appeal Filing fee waived. Criminal. 01/20/2012 Notice of Appeal Documents Filed Notice of Appeal/Fast Track. Filed certified copy of notice of appeal. (Fast Track Notice issued to counsel for appellant.) 12-02000 01/20/2012 Notice/Outgoing Issued Notice to Request Rough Draft Transcripts. Due date: 10 days. 12-02003 01/25/2012 Transcript Request Filed Request for Rough Draft Transcript(s). Transcripts requested: October 31, 2011. Court Reporter: Captions Unlimited. Filed in district court on: 1/25/2012 12-02702 02/29/2012 Fast Track Brief Filed Fast Track Statement. 12-06529 02/29/2012 Appendix Filed Appendix to Fast Track Statement, Vol. 1. 12-06530 02/29/2012 Appendix Filed Appendix to Fast Track Statement, Vol. 2. 12-06531 02/29/2012 Appendix Filed Appendix to Fast Track Statement, Vol. 3. 12-06532 02/29/2012 Appendix Filed Appendix to Fast Track Statement, Vol. 4. 12-06533 02/29/2012 Appendix Filed Appendix to Fast Track Statement, Vol. 5. 12-06534 03/01/2012 Appendix Filed Supplemental Appendix to the Fast Track Statement. 12-06655 03/20/2012 Order/Clerk's Filed Order Granting Telephonic Extension. Fast Track Response due: March 27, 2012. 12-08751 03/27/2012 Fast Track Brief Filed Fast Track Response. 12-09684 04/10/2012 Fast Track Brief Filed Reply to Fast Track Response. 12-11449 04/10/2012 Case Status Update Fast Track Briefing Completed. 04/17/2012 Order/Procedural Filed Order Directing Full Briefing. We have concluded that full briefing of this appeal is warranted. Appellant: Opening Brief due: 30 days. 12-12236 05/17/2012 Brief Filed Appellant's Opening Brief. 12-15779 06/18/2012 Brief Filed Respondent's Answering Brief. 12-19122 07/18/2012 Brief Filed Appellant's Reply Brief. 12-22730 07/18/2012 Case Status Update Briefing Completed/Submitted For Decision. 06/06/2013 Notice/Incoming Filed Notice of Appearance and Notice of Termination of Representation. (Attorney Ryan Norwood with the Federal Public Defender for appellant in place of Megan Hoffman with the Federal Public Defender.) 13-16577 08/09/2013 Order/Procedural Filed Order Inviting Amicus Briefing. The Nevada Attorneys for Criminal Justice and the Nevada District Attorneys Association are invited to participate as amicus curiae in this appeal and to file briefs addressing the above-noted issue. Should these organizations elect to participate as amicus curiae, they shall file and serve amicus briefs within 30 days from the date of this order. 13-23419 09/06/2013 Notice/Incoming Filed Notice of Amicus Curiae Participation (Marc Picker, Esq. and Robert Arroyo, Esq. as counsel for amicus curiae Nevada Attorneys for Criminal Justice). 13-26344 09/06/2013 Motion Filed Unopposed Motion for Extension of Time to File Amicus Curiae Brief (Nevada Attorneys for Criminal Justice). 13-26345 09/09/2013 Notice/Incoming Filed Notice of Appearance (Steven S. Owens, Esq. as counsel for Nevada District Attorneys Association). 13-26552 09/09/2013 Motion Filed Motion for Enlargement of Time (Amicus Curiae Brief for Nevada District Attorneys Association -First Request). 13-26553 09/10/2013 Order/Procedural Filed Order Granting Motions. The NACJ and NDAA shall have until September 23, 2013, to file and serve their amicus briefs. 13-26689 09/23/2013 Motion Filed Motion for Leave to File Amicus Curiae Brief. (Attorney General) 13-28421 09/23/2013 Brief Received Amicus Curriae Brief of the Office of the Attorney General of the State of Nevada in Support of Respondent. (FILED PER ORDER 9/30/13) 09/23/2013 Motion Filed Motion for Leave to File an Amicus Brief in Excess of the Type Volume Limitation. (Nevada Attorneys for Criminal Justice) 13-28428 09/23/2013 Notice/Incoming Filed Notice of Appearance Deputy Attorney General Michael J. Bongard and Jeffrey M. Conner on behalf of the Office of the Attorney General. 13-28429 09/23/2013 Brief Received Brief of Nevada Attorneys for Criminal Justice as Ammicus Curiae in Support of Appellant Christoper Brown.(REJECTED PER ORDER FILED 9/30/13). 09/23/2013 Brief Filed Brief of Amicus Curiae - Nevada District Attorneys Association. 13-28436 09/30/2013 Order/Procedural Filed Order Granting Attorney General's Motion to File Amicus Brief. The clerk of this court shall file the amicus curiae brief received via E-Flex from the Nevada Attorney General on September 23, 2013. 13-29098 09/30/2013 Brief Filed Amicus Curriae Brief of the Office of the Attorney General of the State of Nevada in Support of Respondent. 13-29099 09/30/2013 Order/Procedural Filed Order Granting Motion and Rejecting Brief. The clerk of this court therefore shall reject the NACJ amicus brief received on September 23, 2013. The NACJ shall have until October 7, 2013, to file an amicus brief that complies with NRAP 32 and contains no more than 8,172 words. 13-29100 10/07/2013 Brief Received Amicus Brief - Brief of Nevada Attorneys for Criminal Justice as Amicus Curiae in Support of Appellant Christopher Brown (via E-Flex). 10/09/2013 Brief Filed Amicus Brief -Brief of Nevada Attorneys for Criminal Justice as Amicus Curiae in Support of Appellant Christopher Brown. 13-30199 10/15/2013 Order/Procedural Filed Order Directing Clerk to Schedule Oral Argument. The clerk of this court is directed to schedule this matter for oral argument before the en banc court on the next available calendar. 13-30773 11/12/2013 Notice/Outgoing Issued Notice Scheduling Oral Argument. Argument is scheduled for Monday, January 6, 2014, at 1:30 p.m. in Carson City, for 30 minutes. 13-33705 11/20/2013 Motion Filed Motion for Leave to Participate in Oral Argument. 13-35069 11/22/2013 Notice/Incoming Filed Notice of Withdrawal of Motion for Leave to Participate in Oral Argument and for Extended Oral Arguments. 13-35415 12/17/2013 Notice/Outgoing Issued Oral Argument Reminder Notice. 13-38241 01/02/2014 Brief Filed Notice of Supplemental Authority. 14-00070 01/03/2014 Motion Filed Emergency Motion Under NRAP 27(E) for Leave to File a Response to Appellant's Notice of Supplemental Authorities. 14-00210 01/03/2014 Brief Received Amicus Curiae Office of the Attorney General's Response to Appellant's Notice of Supplemental Authorities (via E Flex). 01/06/2014 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. 08/07/2014 Opinion/Dispositional Filed Authored Opinion. "Affirmed." Fn11[In light of this disposition on appeal, we deny as moot the State's motion for leave to file a response to Brown's notice of supplemental authorities.] Before the Court EN BANC. Author: Hardesty, J. Majority: Hardesty/Gibbons/Pickering/Parraguirre/Douglas. Cherry, J., with whom Saitta, J., agrees, dissenting. 130 Nev. Adv. Opn. No. 60. EN BANC 14-25858 09/02/2014 Remittitur Issued Remittitur. 14-28759 09/02/2014 Case Status Update Remittitur Issued/Case Closed 09/17/2014 Remittitur Filed Remittitur. Received by District Court Clerk on September 15, 2014. 14-28759

Case Details

Case Name: Brown v. McDaniel

Court Name: Nevada Supreme Court

Date Published: Aug 7, 2014

Citations: 331 P.3d 867; 2014 NV 60; 60065

Docket Number: 60065

Court Abbreviation: Nev.