State v. Eighth Jud. Dist. Ct. (Zogheib), 321 P.3d 882

321 P.3d 882

Nev.

2014

62615: Case View

The Supreme Court

of Nevada

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Case Information: 62615
Short Caption:	STATE VS. DIST. CT. (ZOGHEIB)	Classification:	Original Proceeding - Criminal - Mandamus
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C277246	Case Status:	Notice in Lieu of Remittitur Issued/Case Closed
Disqualifications:		Panel Assigned:	Panel
Replacement:
To SP/Judge:		SP Status:
Oral Argument:		Oral Argument Location:
Submission Date:		How Submitted:

+ Party Information
Role	Party Name	Represented By
Petitioner	The State of Nevada	Catherine Cortez Masto (Attorney General/Carson City) Ryan J. MacDonald (Clark County District Attorney) Steven S. Owens (Clark County District Attorney)
Real Party in Interest	Jihad Anthony Zogheib	Thomas D. Boley (Hawkins, Boley & Aldabbagh) Robert Langford (Langford McLetchie LLC) Robert G. Lucherini (Robert G. Lucherini, Chtd.) Margaret A. McLetchie (Langford McLetchie LLC)
Respondent	Stefany Miley
Respondent	The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark

14-09684: 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
02/13/2013	Filing Fee	Petition Filing fee waived. Criminal.
02/13/2013	Petition/Writ	Filed Petition for Writ of Mandamus.		13-04720
02/13/2013	Motion	Filed Emergency Motion for Stay Under NRAP 27(e).		13-04730
02/13/2013	Appendix	Filed Appendix to Petition for Writ.		13-04731
02/14/2013	Order/Procedural	Filed Order Granting Stay and Directing Answer. Answer due: 20 days		13-04816
04/19/2013	Notice/Incoming	Filed Notice of Appearance (Robert L. Langford and Margaret A. McLetchie appearing on behalf of Real Party in Interest, Jihad Anthony Zogheib).		13-11666
04/19/2013	Motion	Filed Motion for Extension of Time to FIle Response to Petitioner's Petition for Writ of Mandamus.		13-11667
04/23/2013	Order/Procedural	Filed Order Granting Motion. Real party in interest: Answer due: June 3, 2013.		13-11866
05/29/2013	Motion	Filed Motion for Extension of Time (Answer to Writ Petition).		13-15833
05/29/2013	Motion	Filed Motion for Extension w/Exhibit (Answer to Writ Petition).		13-15860
06/04/2013	Order/Procedural	Filed Order Granting Motion. Real Party in Interest: Answer due: July 15, 2013.		13-16270
06/28/2013	Motion	Filed Motion to Withdraw As Counsel.		13-19052
07/08/2013	Motion	Filed Motion for Extension of Time. Real Party In Interest (45 days).		13-19822
07/12/2013	Order/Procedural	Filed Order Granting Motion to Wthdraw as Counsel and Motion for Extension of Time. The real party in interest, Jihad Anthony Zogheib, is represented in this matter by retained counsel with the law firm of Langford McLetchie. Counsel has filed a motion to withdraw, citing an unidentified conflict of interest. According to a motion for an extension of time to file an answer to the petition, filed on July 8, 2013, counsel represents that Zogheib is "seeking new counsel and expects to secure new counsel this week." Cause appearing, the motions are granted. The clerk of this court shall remove the law firm of Langford McLetchie and attorneys Robert Langford and Margaret McLetchie as counsel of record for the real party in interest. Zogheib: 30 days to retain substitute counsel and cause counsel to file a notice of appearance with this court.		13-20431
08/05/2013	Other	Received Returned Mail. Order filed 7/12/13 addressed to Jihad Anthony Zogheib. Per USPS, "return to sender, unable to forward". Address updated per motion filed on 7/8/13. Order mailed to new address.
08/12/2013	Notice/Incoming	Filed Notice of Appearance (Robert G. Lucherini, Esq. appearing on behalf of Real Party in Interest, Jihad Anthony Zogheib).		13-23620
08/15/2013	Order/Procedural	Filed Order. Attorney Robert G. Lucherini has filed a notice of appearance on behalf of the real party. Accordingly, the real party shall have 20 days from the date of this order to file and serve an answer, including points and authorities, against issuance of the requested writ.		13-24064
09/03/2013	Petition/Writ	Filed Answer To Petition For Writ Of Mandamus.		13-25954
09/09/2013	Motion	Filed Motion for Leave to File a Reply to Real Party's Answer to Petition for Writ of Mandamus.		13-26581
09/11/2013	Order/Procedural	Filed Order Granting Motion. Petitioner shall have until September 19, 2013, to file and serve the reply.		13-26784
09/19/2013	Petition/Writ	Filed Reply to Answer to Petition for Writ of Mandamus.		13-28007
02/14/2014	Motion	Filed Motion to Dissolve Stay.		14-04920
02/21/2014	Notice/Incoming	Filed Notice of Appearance. (Attorney Thomas Boley for real party in interest Jihad Anthony Zogheib.)		14-05709
03/03/2014	Order/Clerk's	Filed Order Granting Telephonic Extension. Real party in interest shall have until March 5, 2014, to file and serve an opposition to the motion to dissolve stay.		14-06784
03/05/2014	Motion	Filed Opposition To Motion To Dissolve Stay.		14-07128
03/27/2014	Opinion/Dispositional	Filed Authored Opinion. "Petition granted." Fn5[We deny the State's motion to dissolve the stay as moot.] Before: Hardesty/Parraguirre/Cherry. Author: Hardesty, J. Majority: Hardesty/Parraguirre/Cherry. 130 Nev. Adv. Opn. No. 18. NNP13 (OPINION MODIFIED PER ORDER FILED 4/1/2014).		14-09684
03/27/2014	Writ	Issued Writ with letter. Original and one copy of writ and copy of opinion mailed to Ryan J. MacDonald for service upon Judge Stefany Miley.		14-09743
03/27/2014	Motion	Filed Emergency Motion Under NRAP 27(e).		14-09806
03/28/2014	Motion	Filed Opposition to Emergency Motion.		14-09831
04/01/2014	Order/Procedural	Filed Order Modifying Opinion. We direct the clerk of this court to modify the opinion filed on March 27, 2014, by inserting the following footnote: "This opinion has been circulated among all justices of this court, any two of whom, under IOP 13(b) may request en banc review of a case. The two votes needed to require en banc review in the first instance of the question of overruling Collier v. Legakes, 98 Nev. 307, 646 P.2d 1219 (1982) were not cast." This footnote shall be numbered footnote 1 and inserted after the "OPINION" heading; the clerk shall also renumber the other footnotes accordingly.		14-10155
04/04/2014	Order/Procedural	Filed Order Denying Motion. We deny the motion for a stay. fn2[To the extent that the motion also seeks leave to file an appendix under seal, that request is denied withou prejudice. At this time, this court has entered its judgment in this matter and there is no pending request for relief that would necessitate an appendix.]		14-10795
04/09/2014	Writ	Filed Original Writ returned. Served on Judge Stefany Miley on April 3, 2014.		14-11251
04/15/2014	Post-Judgment Petition	Filed Petition for Rehearing.		14-12131
04/22/2014	Motion	Filed Emergency Motion Under NRAP27(e).		14-12915
04/22/2014	Motion	Filed Opposition to Emergency Motion.		14-12963
05/30/2014	Post-Judgment Order	Filed Order Denying Rehearing and Denying Motion for Emergency Stay and Supplemental Appendix. "We deny rehearing." NRAP40(c). We deny the emergency motion for stay and to file supplemental appendix under seal.		14-17428
06/24/2014	Remittitur	Issued Notice in Lieu/Rehearing		14-20659
06/24/2014	Case Status Update	Notice in Lieu of Remittitur Issued/Case Closed
09/03/2014	Notice/Outgoing	Issued Letter to Publishers with corrections to recently filed opinions. (Letter dated July 17, 2014) Nos. 58602/59387/63724/64194/56614/58345/62489/62615/57324/59290. (Letter entered in 58602 as document no. 14-29096.)