Byars v. State

Nevada Supreme Court

Oct 16, 2014

61348

Versions:336 P.3d 939

2014 NV 85

61348: Case View

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Case Information: 61348
Short Caption:	BYARS (MICHAEL) VS. STATE	Classification:	Criminal Appeal - Other - Direct
Lower Court Case(s):	Churchill Co. - Tenth Judicial District - 37754	Case Status:	Disposition Filed
Disqualifications:		Panel Assigned:	En Banc
Replacement:
To SP/Judge:		SP Status:
Oral Argument:	05/06/2014 at 10:00 AM	Oral Argument Location:	Carson City
Submission Date:	05/06/2014	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	Michael Dwayne Byars	Steve E. Evenson Stephen B. Rye
Respondent	The State of Nevada	Catherine Cortez Masto (Attorney General/Carson City) Arthur E. Mallory (Churchill County District Attorney/Fallon) Benjamin D. Shawcroft (Churchill County District Attorney/Fallon)

+ Due Items
Due Date	Status	Due Item	Due From
11/10/2014	Overdue	Remittitur

14-34363: 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
07/25/2012	Filing Fee	Filing Fee Waived. Criminal.
07/25/2012	Notice of Appeal Documents	Filed Notice of Appeal/Proper Person Fast Track. Filed certified copy of proper person notice of appeal. (Fast track notice issued to trial counsel.)		12-23476
07/25/2012	Notice/Outgoing	Issued Notice to Request Rough Draft ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍Transcripts. Due date: 10 days.		12-23480
07/27/2012	Order/Procedural	Filed Order Suspening Briefing. Upon entry of the judgment of conviction, the clerk of the district court shall immediatеly transmit a certified copy of the judgment to the clerk of this court.		12-23728
08/08/2012	Transcript	Filed Notice from Court Reporter. Anita Fillmore stаting that the requested transcripts were delivered. Dates of transcripts: July 11, 2012; July 12, 2012 and July 13, 2012.		12-24959
08/09/2012	Transcript Request	Filed Request for Rough Draft Transcript(s). Transcripts requested: July 11, 2012; July 12, 2012 & July 13, 2012. Court Reporter: Anita Fillmore. Filed in district court on: 8/6/2012.		12-25110
09/13/2012	Motion	Filed Motion to Withdraw as Counsel as Counsel and Request for Remand for Appointment of Counsel.		12-29064
09/14/2012	Order/Incoming	Filed District Court Order. Certified copy of Judgment of Conviction filed in district court on Septеmber 05, 2012.		12-29171
09/20/2012	Notice of Appeal Documents	Filed Notice of Appeal/Proper Person. (Second NOA)		12-29827
09/21/2012	Order/Procedural	Filed Order Granting Motion to Withdraw and Remanding to Secure Counsel. The clerk of this court shall remove Mr. Rye as counsel of record in this appeal. District court order appointing counsel due: 30 days. Briefing is suspended.		12-29954
10/16/2012	Motion	Received Proper Person Motion to Confirm Reinstatement of Fast Track Appellant Procedure.
10/31/2012	Order/Incoming	Filed District Court Order Appointing Counsel. Filed certified copy of order filed in district court on October 30, 2012 appointing Steve Evenson, Esq. as counsel fоr appellant.		12-34385
11/01/2012	Order/Procedural	Filed Order Reinstating Briefing. Fast track ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍statement and appendix due: 40 days.		12-34511
12/11/2012	Order/Clerk's	Filed Order Granting Telephonic Extension. Fast track statement and appendix due: December 18, 2012.		12-38887
12/18/2012	Motion	Filed Motion To Extend Time To File Appellant's Fast Traсk Statement And Appendix.		12-40092
12/19/2012	Order/Procedural	Filed Order Granting Motion. Fast track statement and appendix due: February 28, 2013.		12-40200
01/22/2013	Other Incoming Document	Received Propеr Person Document. Copy of letter sent to attorney.
02/22/2013	Letter/Incoming	Received Copy of Proper Person Letter Addressed to Attorney Steve Evenson Re: Request to be Advised Pertaining to Notice of Appeal Brief.
02/22/2013	Letter/Incoming	Received Copy of Prоper Person Letter Addressed to Attorney Jacob Sommer Re: Request to be Advised Pertaining to Notice of Appеal Brief.
02/28/2013	Motion	Filed Appellant's Motion to Extend Time to File and Request for Clarification.		13-06246
03/05/2013	Motion	Received Proper Person Motion for Appointment of Counsel Pursuant to NRS 34.750. (FILED PER ORDER 3/8/13)
03/05/2013	Motion	Received Proper Person Motion for Withdrawl of Attorney of Record or in the Alternative, Request for Records/Court Case Documents. (FILED PER ORDER 3/8/13)
03/08/2013	Order/Procedural	Filed Order Denying Proper Person Motions and Granting Motion for Extеnsion of Time. The clerk of this court shall file the proper person ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍motions received on March 5, 2013.We deny the рroper person motions. Appellant's counsel: Fast Track Statement and Appendix due: 20 days.		13-07145
03/08/2013	Motion	Filed Proper Person Motion for Appointment of Counsel Pursuant to NRS 34.750.		13-06684
03/08/2013	Motion	Filed Proper Person Motion for Withdrawl of Attorney of Record or in the Alternative, Request for Records/Court Case Documents.		13-06685
03/29/2013	Motion	Filed Motion To Extend Length Of Fast track Statement. (Fast Track Statement attached)		13-09333
03/29/2013	Appendix	Filed Appendix to Fast Track Statement Volume 1.		13-09341
03/29/2013	Appendix	Filed Appendix to Fast Track Statement Volume 2.		13-09344
03/29/2013	Appendix	Filed Appendix to Fast Track Statement Volume 3.		13-09346
03/29/2013	Appendix	Filed Appendix to Fast Track Statement Volume 4.		13-09345
04/05/2013	Order/Procedural	Filed Order Denying Motion for Excess Pages and/or to Exceed Type-Volume Limitation and Directing Full Briefing. The motion for excess pages and/or to exceed the type-volume limitation is denied. Appellant shall havе 30 days from the date of this order to file and serve the opening brief.		13-10020
04/05/2013	Motion	Filed Motion to Transmit Exhibit.		13-10026
05/07/2013	Motion	Filed Motion To Extend Length Of Brief.		13-13321
05/07/2013	Appendix	Filed Appendix to Opening Brief Volume V		13-13322
05/07/2013	Motion	Filed Amended Motion To Extend Length Of Brief.		13-13343
05/07/2013	Brief	Received Opening Brief. (FILED PER ORDER 5/8/13)
05/08/2013	Order/Procedural	Filed Order Granting Motion. The clerk of this court shall file the opening brief received via E-Flex on May 7, 2013. Respondent: Answering brief due: 30 days.		13-13508
05/08/2013	Brief	Filed Appellant's Opening Brief.		13-13509
05/21/2013	Other Incoming Document	Received Proper Person Document. "In Re Byars Requesting An En Banc Court To Take Judicial Notice Of Omitted Nonfrivolous Claim And Supplement The Record For Review." (FILED PER ORDER 4/24/13)
05/23/2013	Order/Procedural	Filеd Order Granting Motion and Directing DIstrict Court to Transmit Exhibit. District Court: Exhibit due: 30 days.		13-15201
05/24/2013	Order/Procedural	Filed Order Denying Motion. We direct the clerk of this court to file the proper person document received on May 21, 2013. We deny the proper person request for the court to "take judicial notice". Appellant shall proceed through counsel in the prosecution of this appeal.		13-15438
05/24/2013	Other Incoming Document	Filed Proper Person Document. "In Re Byars Requesting An En Banc Court To Take Judicial Notice Of Omitted Nonfrivolous Claim And Suрplement The Record For Review."		13-14957
05/28/2013	Order/Clerk's	Filed Order Granting Telephonic Extension. ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍Answering Brief due: June 14, 2013.		13-15540
05/28/2013	Exhibit	Filed Exhibit (original). Exhibit: 3. (CD)
05/30/2013	Motion	Filed Motion to Transmit Exhibit. Exhibit: 1 and 2 from 2 оf the bifurcated trial.		13-15985
06/07/2013	Order/Procedural	Filed Order Denying Motion. Respondent has filed a motion asking this court to direct the district court to transmit two original exhibits to this court. The motion is denied.		13-16782
06/12/2013	Brief	Filed Respondent's Answering Brief.		13-17319
06/13/2013	Appendix	Filed Respondent's Appendix.		13-17329
07/15/2013	Order/Clerk's	Filed Order Granting Telephonic Extension. Appellant's reply brief due: July 19, 2013.		13-20635
07/22/2013	Motion	Filed Motiоn To Extend Length Of Reply Brief. (DETACHED REPLY BRIEF AND FILED SEPARATELY PER ORDER OF 7/25/13).		13-21386
07/25/2013	Order/Procedural	Filed Order. The clerk of this court shall detach the reply brief from the motion filed on July 22, 2013, and file the reply brief.		13-21956
07/25/2013	Brief	Filed Appellant's Reply Brief.		13-21957
07/25/2013	Case Status Update	Briefing Completed/To Screening.
01/27/2014	Order/Clerk's	Filed Order Re: Scheduling of Oral Argument. This matter will be scheduled for oral argument on the next available calendar.		14-02662
02/27/2014	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral argument is scheduled Tuesday, May 6, 2014, at 10:00 a.m. in Carson City. Argument shall be limited to 30 minutes.		14-06546
04/21/2014	Notice/Outgoing	Issued Oral Argument Reminder Notice		14-12824
05/06/2014	Case Status Update	Oral argument held this day. Case submitted for decision. Before the En Banc Court.
10/16/2014	Opinion/Dispositional	Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded." Before the Court en Banc. Author: Parraguirre, J. Majority: Parraguirre/Gibbons/Pickering/Hardesty/Douglas/Cherry/Saitta. 130 Nev. Adv. Opn. No. 85. EN BANC		14-34363
11/06/2014	Post-Judgment Petition	Received Proper Person Petition for Rehearing. ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍ (RETURNED UNFILED PER ORDER 11/10/2014).
11/10/2014	Order/Procedural	Filed Order. The clerk of this court shall return, unfiled the proper person petition for rehearing received on November 6, 2014.		14-36998