HARVEY (ALFRED) VS. STATE C/W 75911

72829: Case View

Nevada Appellate Courts Appellate Case Management System C-Track, the browser based CMS for Appellate Courts Case Search Participant Search

Cases Case Search Participant Search 20-35949: 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: 72829 Short Caption: HARVEY (ALFRED) VS. STATE C/W 75911 Court: Supreme Court Consolidated: 72829*, 75911 Related Case(s): 72829-COA, 75911, 75911-COA Lower Court Case(s): Clark Co. - Eighth Judicial District - C314260 Classification: Criminal Appeal - Other - Direct Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Oral Argument: 06/01/2020 at 1:30 PM Oral Argument Location: Las Vegas Submission Date: 06/01/2020 How Submitted: After Oral Argument + Party Information Role Party Name Represented By Appellant Alfred C. Harvey Howard Brooks (Clark County Public Defender) Sharon G Dickinson (Clark County Public Defender) Timothy R. Treffinger (Former) Respondent The State of Nevada Alexander G. Chen (Clark County District Attorney) Aaron D. Ford (Attorney General/Carson City) Jonathan VanBoskerck (Clark County District Attorney) Docket Entries Date Type Description Pending? Document 04/17/2017 Filing Fee Appeal Filing fee waived. Criminal. 04/17/2017 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.) 17-12643 05/02/2017 Transcript Request Filed Request for Transcript of Proceedings. Transcripts requested: To Court Reporter: Request for Certified Transcripts 17-14353 05/03/2017 Notice/Incoming Filed Notice of Appearance (Sharon Dickinson as counsel for the Appellant). 17-14599 05/04/2017 Docketing Statement Filed Docketing Statement Criminal Appeals. 17-14840 05/25/2017 Motion Filed Court Reporter's Motion for Extension of Time to Prepare and File Transcripts. 17-17648 06/01/2017 Motion Filed Court Reporter's Motion for Extension of Time to File Transcript. 17-18302 06/02/2017 Order/Procedural Filed Order Granting Motion. Court Recorder Maria Garibay's Certificate of Delivery due: July 24, 2017. Opening Brief and Appendix due: October 16, 2017. 17-18333 06/06/2017 Order/Procedural Filed Order Granting Motion. Court Recorder Gina Villani's Certificate of Delivery due: July 28, 2017. 17-18697 06/13/2017 Transcript Filed Notice from Court Reporter. Maria Garibay stating that the requested transcripts were delivered. Dates of transcripts: None listed. 17-19554 06/13/2017 Transcript Filed Notice from Court Reporter. Kiara Schmidt stating that the requested transcripts were delivered. Dates of transcripts: 04/20/16. 17-19571 08/01/2017 Transcript Filed Notice from Court Reporter. Gina Villani stating that the requested transcripts were delivered. Dates of transcripts: 11/15/16, 11/16/16, 11/17/16, 11/18/16, 1/4/17, and 3/8/17. 17-25476 10/04/2017 Motion Filed Stipulation to File Opening Brief. 17-33709 10/04/2017 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Opening Brief and Appendix due: November 15, 2017. 17-33720 11/15/2017 Motion Filed Notice of Substitution of Counsel and Request for Extension of Time to File Opening Brief. 17-39419 11/16/2017 Motion Filed Motion for an Extension (Opening Brief). 17-39491 12/04/2017 Order/Procedural Filed Order. The clerk shall remove attorney Sharon Dickinson as counsel of record for appellant. Opening Brief and Appendix due: January 2, 2018. 17-41618 01/02/2018 Motion Filed Appellant's Motion to Withdraw as Counsel and Re-Appoint Public Defender. 18-00133 01/08/2018 Order/Procedural Filed Order. Attorney Timothy Treffinger has filed a motion to withdraw as counsel for appellant. Mr. Treffinger shall have 5 days from the date of this order to file and serve an amended motion to withdraw that fully complies with NRAP 46(d)(3). Briefing is suspended. 18-00988 01/17/2018 Motion Filed Appellant's Motion to Withdraw Counsel. 18-02246 01/25/2018 Order/Procedural Filed Order Granting Motion to Withdraw and Remanding to Secure Counsel. The clerk shall remove Timothy R. Treffinger as counsel of record for appellant. District Court Order Appointing Counsel due: 35 days. 18-03513 02/16/2018 Order/Incoming Filed District Court Minute Order 2/14/18. Clark County Public Defender confirmed as appellate counsel. 18-06413 02/21/2018 Order/Procedural Filed Order Reinstating Briefing. Opening Brief and Appendix due: 45 days. 18-06713 03/05/2018 Notice/Incoming Filed Notice of Appearance. Sharon G. Dickinson, Chief Deputy of the Clark County Public Defender's Office appearing as counsel for appellant. 18-08438 04/10/2018 Motion Filed Appellant's Motion Seeking Stay of Proceedings Pending Resolution of DC Motions or Motion for an Extension of Time to File Opening Brief. 18-13583 04/11/2018 Motion Filed Respondent's Opposition to Motion Seeking Stay of Proceedings Pending Resolution of District Court Motions or Motion for an Extension of Time to File Opening Brief. 18-13840 04/11/2018 Motion Filed Appellant's Reply to State's Opposition to Motion Seeking Stay of Proceedings Pending Resolution of DC Motions or Motion for Extension. 18-13986 04/26/2018 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief and Appendix due: June 25, 2018. 18-15977 06/18/2018 Motion Filed Appellant's Motion Seeking an Order Allowing Reconstruction of the Record and Remand Back to District Court for an Evidentiary Hearing; or an Order Allowing Use of Affidavits and Declarations Presented to he District Court From the Jurors, the Investigators, and His Trial Attorneys. 18-23082 06/20/2018 Motion Filed Respondent's Opposition to Motion to Remand for an Evidentiary Hearing to Reconstruct the Record or Alternatively for Order Allowing the Use of Affidavits/Declarations. 18-23572 06/22/2018 Motion Filed Appellant's Reply to State's Opposition Seeking Order Allowing Reconstructino of the Record and Remand Back to District Court. 18-23909 06/26/2018 Motion Filed Appellant's Motion Seeking Stay of Proceedings Pending Resolution of Motion Seeking a Remand to District Court or Motion for an Extension of Time to File Opening Brief. 18-24330 07/25/2018 Order/Procedural Filed Order Denying Motion. The motion to remand the appeal to the district court is denied. Appellant's alternative request to allow the affidavits and declarations presented to the district court with his motion to reconstruct the record to be used as part of the record in this appeal is denied. 18-28564 07/26/2018 Order/Procedural Filed Order Consolidating Appeals. Appellant's Single Opening Brief and Appendix due: September 20, 2018. fn1[Given this order, appellant's motion for an extension of time to file the opening brief in Docket No. 72829 is denied as moot.] Nos. 72829/75911. 18-28600 07/26/2018 Motion Filed Appellant's Motion to Reconsider Order Denying Reconstruction of the Record and Remand Back to District Court for an Evidentiary Hearing; or an Order Allowing Use of Affidavits and Declarations Presented to the District Court From the Jurors, the Investigators, and His Trial Attorneys. Nos. 72829/75911. 18-28629 07/30/2018 Motion Filed Respondent's Opposition to Motion to Reconsider. Nos. 72829/75911. 18-29144 09/18/2018 Motion Filed Stipulation to File Opening Brief. Nos. 72829/75911. 18-36423 09/18/2018 Motion Filed Appellant's Motion to Reconsider the Denial of His Motion Seeking an Order Remanding Case Back to District Court for a Decision by the Trial Judge. Nos. 72829/75911. 18-36517 09/20/2018 Motion Filed Respondent's Opposition to Motion to Reconsider Denial of Motion for Remand or Alternatively Reversal of Conviction. Nos. 72829/75911. 18-36797 09/20/2018 Motion Filed Appellant's Motion for Extension of Time (Opening Brief). Nos. 72829/75911. 18-36808 10/02/2018 Order/Procedural Filed Order Granting Motion. Appellant's Opening Brief due: October 22, 2018. Nos. 72829/75911. 18-38376 10/04/2018 Order/Procedural Filed Order Denying Motion for Reconsideration. No cause appearing, we deny appellant's motion for reconsideration of our order denying his motion, in Docket No. 72829, to remand for an evidentiary hearing or, alternatively, to allow certain affidavits and declarations to be used as part of the record. Nos. 72829/75911. 18-38923 10/23/2018 Brief Filed Appellant's Opening Brief. Nos. 72829/75911. 18-41570 10/23/2018 Appendix Filed Appellant's Appendix Vol I. Nos. 72829/75911. 18-41572 10/23/2018 Appendix Filed Appellant's Appendix Vol. II. Nos. 72829/75911. 18-41573 10/23/2018 Appendix Filed Appellant's Appendix Vol. III. Nos. 72829/75911. 18-41577 10/23/2018 Appendix Filed Appellant's Appendix Vol. IV. No. 72829/75911. 18-41579 10/23/2018 Appendix Filed Appellant's Appendix Vol. V. Nos. 72829/75911. 18-41582 10/23/2018 Appendix Filed Appellant's Appendix Vol. VI. Nos. 72829/75911. 18-41585 10/23/2018 Appendix Filed Appellant's Appendix Vol. VII. Nos. 72829/75911. 18-41587 10/23/2018 Appendix Filed Appellant's Appendix Vol. VIII. Nos. 72829/75911. 18-41589 11/15/2018 Order/Procedural Filed Order Denying Motion for Reconsideration. We deny appellant's motion for reconsideration of our order denying his motion, in Docket No. 75911, to remand to the district court, or alternatively, to dismiss his conviction. Nos. 72829/75911. (SC) 18-904283 11/26/2018 Motion Filed Respondent's Motion for Extension of Time - First Request (Answering Brief). Nos. 72829/75911. (SC) 18-905504 11/26/2018 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Respondent's Answering Brief due: December 26, 2018. Nos. 72829/75911. (SC) 18-905509 12/24/2018 Brief Filed Respondent's Answering Brief. Nos. 72829/75911. (SC) 18-910254 01/14/2019 Motion Filed Stipulation to File Reply Brief. Nos. 72829/75911. (SC) 19-01910 01/14/2019 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Appellant's Reply Brief due: February 22, 2019. Nos. 72829/75911. (SC) 19-01912 02/25/2019 Motion Filed Appellant's Motion for Leave to File Brief in Excess of Type Volume Limitation (Reply Brief). Nos. 72829/75911. (SC) 19-08429 02/25/2019 Motion Filed Respondent's Opposition to Appellant's Motion for Leave to File Brief in Excess of Type-Volume Limitation. Nos. 72829/75911. (SC) 19-08563 02/26/2019 Motion Filed Appellant's Reply to State's Opposition to Appellant's Motion for Leave to File Brief in Excess of Type-Volume Limitation. Nos. 72829/75911. (SC) 19-08900 03/06/2019 Order/Procedural Filed Order Granting Motion. The clerk of this court shall file reply brief received on February 25, 2019. Nos. 72829/75911. (SC) 19-10115 03/06/2019 Brief Filed Appellant's Reply Brief. Nos. 72829/75911. (SC) 19-10116 03/06/2019 Case Status Update Briefing Completed/To Screening. Nos. 72829/75911. (SC) 05/02/2019 Notice/Outgoing Issued Notice of Transfer Case to Court of Appeals. Nos. 75911/72829 (SC) 19-19326 05/02/2019 Case Status Update Transferred to Court of Appeals. Nos. 75911/72829 (SC) 09/18/2019 Order/Dispositional Filed Order of Affirmance. "ORDER the judgment of conviction and the denial of post-trial motions AFFIRMED." Court of Appeals-MG/JT/BB Nos. 72829/75911. (SC) 12/09/2019 Case Status Update Transferred from Court of Appeals. Nos. 79829/75911. (SC) 12/09/2019 Post-Judgment Petition Filed Appellant's Petition for Review. Nos. 79829/75911. (SC) 19-49874 01/07/2020 Order/Procedural Filed Order Directing Answer to Petition for Review. Respondent's Answer due: 14 days. Nos. 72829/75911. (SC) 20-00788 01/21/2020 Post-Judgment Petition Filed Respondent's Answer to Petition for Review. Nos. 72829/75911. (SC) 20-02804 01/23/2020 Motion Filed Appellant's Motion for Leave to File Reply to Answer to Petition for Review. Nos. 72829/75911. (SC) 20-03197 01/23/2020 Post-Judgment Petition Filed Appellant's Reply to State's Answer to Petition for Review. Nos. 72829/75911. (SC) 20-03201 01/31/2020 Order/Procedural Filed Order Granting Motion. Appellant's motion for leave to file a reply to respondent's answer to the petition for review is granted. The reply was filed on January 23, 2020. Nos. 72829/75911. (SC). 20-04430 03/04/2020 Order/Procedural Filed Notice of Voluntary Disclosure. You are hereby notified that the undersigned, Mark Gibbons, Justice, is directly related to Michael Gibbons, Judge, who presided over this appeal in the Court of Appeals. The Supreme Court has vacated the decision of the Court of Appeals and granted de novo review of the district court decision. The undersigned has no bias for or against any party to this appeal. The undersigned makes this disclosure, however, so that any party who believes it s appropriate to request recusal may do so. Any recusal request should be made in writing within seven (7) days of the filing date of this Voluntary Disclosure. Nos. 72829/75911. (SC) 03/06/2020 Order/Clerk's Filed Order. Due to a clerical error, a notice of voluntary disclosure was inadvertently filed in this case on March 4, 2020. Nos. 72829/75911. (SC). 20-09022 03/09/2020 Post-Judgment Order Filed Order Granting Petition for Review. We have determined that oral argument would be of assistance in resolving this matter. Oral argument shall be scheduled for June 1, 2020, at 1:30 p.m. in Las Vegas. Argument shall be limited to 30 minutes. fn1[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] Nos. 72829/75911. (SC) 20-09290 03/11/2020 Order/Procedural Filed Notice of Voluntary Disclosure. The undersigned has no bias for or against any party to this appeal. The undersigned makes this disclosure, however, so that any party who believes it is appreciate to request recusal may do so. Any recusal request should be made in writing within 7 days of the filing date of this Voluntary Disclosure. Nos. 72829/75911. (SC). 20-09585 03/20/2020 Order/Clerk's Filed Order. Due to a clerical error, an incorrect version of the order granting the petition for review was filed on March 9, 2020. A corrected order granting the petition for review will be filed in this matter. (SC) 20-10922 03/20/2020 Post-Judgment Order Filed Order Granting Petition for Review. We have determined that oral argument would be of assistance in resolving this matter. Oral argument shall be scheduled for June 1, 2020, at 1:30 p.m. in Las Vegas. Argument shall be limited to the issues raised in the petition for review. Thirty (30) minutes shall be allotted for argument. fn1[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] Nos. 72829/75911. (SC) 20-10924 04/27/2020 Order/Procedural Filed Order Regarding Oral Argument. Argument is scheduled for June 1, 2020, at 1:30 p.m. Argument shall be limited to 30 minutes. Oral argument will be held by videoconference. Within 14 days of the date of this order, the parties shall submit to the Clerk of the Court a notice identifying the attorney(s) who will argue the case and the phone number and email address of that attorney(s). The notice may be emailed to the court at nvscclerk@nvcourts.nv.gov. The attorneys will be required to schedule a session with the Clerk of the Court to test the capabilities of the connection and video equipment approximately one week prior to argument. Nos. 72829/75911. (SC) 20-15798 05/18/2020 Notice/Incoming Filed Notice of Supplemental Authorities. Nos. 72829/75911. (SC). (STRICKEN PER 05/28/20 ORDER). 05/19/2020 Motion Filed Appellant's Motion Seeking An Order to Strike State's 05/18/20 Notice of Supplemental Authorities. Nos. 72829/75911. (SC) 20-19036 05/19/2020 Notice/Outgoing Issued Oral Argument Reminder Notice. Nos. 72829/75911 (SC) 20-19098 05/20/2020 Motion Filed Respondent's Opposition to Motion to Stike Notice of Supplemental Authorities. Nos. 72829/75911. (SC). 20-19187 05/28/2020 Order/Procedural Filed Order Granting Motion to Strike. Appellant has filed a motion to strike the notice of supplemental authorities filed by respondent on the basis that the notice does not comply with NRAP 31(e). Accordingly, the motion to strike is granted. The clerk shall strike the notice of supplemental authorities filed on May 18, 2020. Respondent may file an amended notice of supplemental authorities within 7 days of the date of this order. Nos. 72829/75911. (SC). 20-20245 05/29/2020 Notice/Incoming Filed Respondent's Amended Notice of Supplemental Authorities. Nos. 72829/75911. (SC) 20-20314 05/31/2020 Motion Filed Notice of Response to State's Supplemental Authorities. Nos. 72829/75911. (SC). 20-20458 06/01/2020 Case Status Update Oral argument held this day. Case submitted for decision. Before the En Banc Court. (SC) 10/01/2020 Opinion/Dispositional Filed Authored Opinion. "Affirmed in part, reversed in part, and remanded with instructions." Before the Court En Banc. Author: Cadish, J. Majority: Pickering/Gibbons/Hardesty/Parraguirre/Stiglich/Cadish/Silver. 136 Nev. Adv. Opn. No. 61. En Banc. Nos. 72829/75911. (SC). 20-35949 10/26/2020 Remittitur Issued Remittitur. (SC) 20-39082 10/26/2020 Case Status Update Remittitur Issued/Case Closed. (SC) 11/05/2020 Remittitur Filed Remittitur. Received by District Court Clerk on 10/27/2020. Nos. 72829/75911. (SC) 20-39082 Combined Case View

Case Details

Case Name: HARVEY (ALFRED) VS. STATE C/W 75911

Court Name: Nevada Supreme Court

Date Published: Oct 1, 2020

Citation: 2020 NV 61

Docket Number: 72829

Court Abbreviation: Nev.