HUBBARD (CORY) VS. STATE
2018 NV 54
Nev.
2018
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Case Information: 66185
Short Caption:HUBBARD (CORY) VS. STATECourt:Supreme Court
Related Case(s):66185-COA, 74010, 74010-COA, 80630, 80630-COA, 80631, 80631-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C292507Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:02/05/2018 at 1:30 PMOral Argument Location:Las Vegas
Submission Date:02/05/2018How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
AppellantCory Dealvone HubbardPatricia M. Erickson (Law Office of Patricia M. Erickson)
Brent D. Percival
RespondentThe State of NevadaKrista D. Barrie (Clark County District Attorney)
Adam Paul Laxalt (Attorney General/Carson City)
Ofelia L. Monje (Clark County District Attorney)
Steven S. Owens (Clark County District Attorney)
Charles W. Thoman (Clark County District Attorney)

Docket Entries
DateTypeDescriptionPending?Document
07/31/2014Filing FeeAppeal Filing fee waived. Criminal.
07/31/2014Notice of Appeal DocumentsFiled Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)14-25035
07/31/2014Notice/OutgoingIssued Notice to File Case Appeal Statement/Criminal. Due date: 10 days14-25037
08/06/2014Notice of Appeal DocumentsFiled Case Appeal Statement.14-25729
08/20/2014Docketing StatementFiled Docketing Statement Criminal Appeals. 14-27534
08/25/2014Notice/OutgoingIssued Notice to Request Transcripts. Due date: 10 days.14-27916
09/24/2014Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/19/13, 10/15/13, 10/22/13, 10/29/13, 10/31/13, 11/06/13, 11/07/13, 11/14/13, 11/26/13, 12/03/13, 12/05/13, 1/14/14, 1/21/14, 1/23/14, 2/20/14, 1/24/14, 2/20/14, 3/18/14, 4/01/14, 4/08/14, 4/10/14, 4/14/14, 4/15/14, 4/16/14, 4/17/14, 4/21/14, 4/22/14, 6/26/14. To Court Reporter: Bill Nelson.14-31655
10/15/2014Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/07/13 To Court Reporter: Joann Melendez.14-34345
10/15/2014Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 4/01/14, 4/08/14, 4/10/14, 4/14/14, 4/15/14, 4/16/14, 4/17/14 and 4/22/14. To Court Reporter: Dana Tavaglione.14-34346
10/15/2014Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/15/13, 10/22/13, 10/29/13, 10/31/13, 11/26/13, 1/14/14, 1/21/14 and 4/21/14 To Court Reporter: Robert Cangemi.14-34348
10/15/2014Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/19/13, 9/23/13, 11/14/13, 12/03/13, 12/05/13, 1/23/14, 2/20/14 and 6/26/14 To Court Reporter: Bill Nelson.14-34349
11/21/2014Order/ProceduralFiled Order. We will take no action on the proper person document received on November 14, 2014.14-38432
12/15/2014TranscriptFiled Notice from Court Reporter. Dana Tavaglione stating that the requested transcripts were delivered. Dates of transcripts: 4/01/14, 4/08/14, 4/10/14, 4/14/14, 4/15/14, 4/16/14, 4/17/14 and 4/22/14.14-40768
01/26/2015TranscriptFiled Notice from Court Reporter Robert Cangemi stating that the requested transcripts were delivered. Dates of transcripts: 10/15/13, 10/22/13, 10/29/13, 10/31/13, 11/26/13,and 4/21/14 To Court Reporter:15-02782
01/26/2015Order/ProceduralFiled Order Conditionally Imposing Sanctions. Conditional sanction of $ 500 due: 15 days or Opening Brief and Appendix due: 11 days.15-02835
01/30/2015MotionFiled Request For Additional Time To File Opening Brief and Appendix.15-03275
02/09/2015Order/ProceduralFiled Order Regarding Transcripts and Granting Motion. Appellant's counsel shall have 5 days from the date of this order to verify that he has provided Ms. Tavaglione and Mr. Cangemi with the correct contact information. Ms. Tavaglione Court Reporter Certificate due: 11 days; Mr. Cangemi and Mr. Nelson's Court Reporter Certificate due: 20 days; If counsel does not receive all transcripts from Ms. Tavaglione, Mr, Cangemi, and Mr, Nelson within the times established by this order he shall so notify this court, in writing within 30 days of the date of this order. Opening Brief and Appendix due: May 6, 2015.15-04109
02/18/2015Notice/IncomingFiled Verification fo Contact Information For Forwarding of Transcripts.15-05357
02/24/2015TranscriptFiled Notice from Court Reporter. Robert A. Cangemi stating that the requested transcripts were delivered. Dates of transcripts: 01/14/14, 01/21/14.15-05873
02/24/2015Notice/IncomingFiled Notice from Court Reporter Bill Nelson in regards to this courts order, Explaining he is not responsible for the Transcripts in this case.15-05908
03/30/2015TranscriptFiled Notice from Court Reporter. Bill Nelson stating that the requested transcripts were delivered. Dates of transcripts: 09/19/13, 11/14/13, 12/03/13, 12/05/13, 01/23/14, 02/20/14, 06/26/14.15-09463
05/08/2015MotionFiled Request For Additional Time To File Appellant's Opening Brief And Appendix (Second Request).15-14079
05/15/2015Order/ProceduralFiled Order Granting Motion in Part. Appellant: Opening Brief and Appendix due: June 29, 2015.15-14927
06/30/2015MotionFiled Request for Additional Time to File Appellant's Opening Brief and Appendix (Third Request).15-19898
07/10/2015Order/ProceduralFiled Order Granting Motion. Opening Brief and appendix due: July 24, 2015.15-20990
07/27/2015MotionFiled Motion to Extend Time to File Appellant's Opening Brief by One Hour and Seven Minutes.15-22573
08/05/2015Order/ProceduralFiled Order Granting Motion. The clerk shall file the opening brief and appendix received on July 24 and 27, 2015. Answering Brief due: 30 days.15-23655
08/05/2015BriefFiled Appellant's Opening Brief.15-23656
08/05/2015AppendixFiled Appendix to Opening Brief Volumes I-VII.15-23657
08/11/2015AppendixFiled CD-ROM for Appendix. Filed on 8/05/15.
08/31/2015BriefFiled Respondent's Answering Brief.15-26415
10/02/2015MotionFiled Appellant's Request for Additional Time to File Appellant's Reply Brief.15-29905
10/15/2015Order/ProceduralFiled Order Granting Motion. Reply Brief due: October 26, 2015.15-31332
10/27/2015MotionFiled Request for Additional Time to File Appellant's Reply Brief (Second Request).15-32740
11/03/2015MotionFiled Amended Motion for Additional Time to File Appellant's Reply Brief (2nd Request).15-33414
11/06/2015Order/ProceduralFiled Order Granting Motion. Reply Brief due: November 17, 2015.15-33946
11/18/2015MotionFiled Motion For Additional Time to File Appellant's Reply Brief (Third Request)15-35196
12/03/2015Order/ProceduralFiled Order Granting Motion. Appellant's motion requesting a third extension of time to file the reply brief is granted. The clerk of this court shall file the reply brief received on November 24, 2015.15-36859
12/03/2015BriefFiled Appellant's Reply Brief.15-36861
12/03/2015Case Status UpdateBriefing Completed/To Screening.
01/12/2016Order/ProceduralFiled Order Transferring Case to Court of Appeals. The clerk of this court is directed to assign this appeal to the Court of Appeals of Nevada for disposition.16-00907
04/01/2016Order/DispositionalFiled ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. TAO, J., concurring in part and dissenting in part. Court of Appeals-MG/JT/AS.
04/19/2016Case Status UpdateTransferred from Court of Appeals.
04/19/2016Post-Judgment PetitionFiled Petition for Review by the Supreme Court.16-12285
07/22/2016Order/ProceduralFiled Order Directing Response to Petition for Review. Appellant's Response due: 15 days.16-22804
08/09/2016MotionFiled Motion for Additional Time to file Appellant's Response to State's Request for Review.16-24547
08/12/2016Order/ProceduralFiled Order Granting Motion. Appellant's Answer to Petition for Review due: August 29, 2016.16-25033
08/30/2016MotionFiled Motion for Additional Time to file Appellant's Response to State's Request for Review (2nd request).16-26875
09/06/2016Order/ProceduralFiled Order Granting Motion. Appellant's Answer to Petition for Review due: September 13, 2016.16-27560
09/14/2016MotionFiled Motion for Additional Time to file Appellant's Response to State's Request for Review (3rd Request).16-28480
09/26/2016Order/ProceduralFiled Order Granting Motion. Appellant's Answer to Petition for Review due: September 27, 2016.16-29866
09/26/2016Post-Judgment PetitionFiled Response to State's Petition for Review by Supreme Court.16-29876
10/21/2016Post-Judgment OrderFiled Order Granting Petition for Review in Part and Directing Supplemental Briefing. The supplemental briefs shall be limited to argument on the issue on which review has been granted. The briefs shall be no longer than 15 pages or 7,000 words and otherwise shall comply with the requirements set forth in NRAP 32(a)(1), (3)?(6), and (9). Appellant shall have 20 days from the date of this order to file and serve his supplemental brief. Respondent shall file and serve its supplemental brief within 20 days after the appellant's supplemental brief is served. fn1[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.]16-33009
11/14/2016MotionFiled Motion For Additional Time to File Appellant's Supplemental Brief Responsive to the October 21, 2016 Order.16-35297
11/16/2016Order/ProceduralFiled Order Granting Motion. Supplemental Brief due: December 12, 2016.16-35793
12/05/2016Order/ProceduralFiled Notice of Voluntary Disclosure.16-37563
12/13/2016MotionFiled Motion For Additional Time to File Appellant's Supplemental Brief Responsive to the October 21, 2016 Order (Second Request).16-38535
01/03/2017Order/ProceduralFiled Order Granting Motion. Appellant's Supplemental Brief due: January 11, 2017.17-00060
01/11/2017MotionFiled Motion For Additional Time to File Appellant's Supplemental Brief Responsive to the October 21, 2016 Order (Third Request).17-01092
01/17/2017Order/ProceduralFiled Order Granting Motion. Supplemental Brief due: January 25, 2017. Respondent shall have 20 days from the date of service of appellant's supplemental brief to file and serve its supplemental brief.17-01586
01/31/2017MotionFiled Appellant's Motion to Late File Supplemental Briefing Pursuant to Order Filed on October 21, 201617-03375
04/17/2017Order/ProceduralFiled Order Granting Motion. The clerk shall file appellant's supplemental brief received on January 31, 2017. Respondent's Supplemental Brief due: 20 days.17-12665
04/17/2017BriefFiled Appellant's Supplemental Brief.17-12667
05/08/2017BriefFiled Respondent's Supplemental Brief.17-15225
05/17/2017MotionFiled Appellant's Motion for Permission to File a Reply to the Respondent's Supplemental Brief.17-16629
06/28/2017Order/ProceduralFiled Order Granting Motion. Appellant's Supplemental Reply Brief due: 20 days.17-21446
07/19/2017BriefFiled Reply to Respondent's Supplemental Brief.17-23918
12/13/2017Order/Clerk'sFiled Order Re: Scheduling of Oral Argument. This court has determined that oral argument may be of assistance in resolving this matter. Accordingly, this matter will be scheduled for oral argument on the next available calendar.17-42936
12/28/2017Notice/OutgoingIssued Notice Scheduling Oral Argument. Argument is scheduled for Monday, February 5, 2018, at 1:30 p.m. for 30 minutes in Las Vegas.17-44826
01/12/2018MotionFiled Notice of Appearance and Request to Associate Counsel (Patricia M. Erickson) for Appellant.18-01912
01/22/2018Notice/OutgoingIssued Oral Argument Reminder Notice.18-02857
01/25/2018MotionFiled Respondent's Motion to Reschedule Oral Argument.18-03618
01/26/2018Order/ProceduralFiled Order Denying Motion to Continue Oral Argument. Oral argument will be held as scheduled on February 5, 2018, at 1:30 p.m. in Las Vegas.18-03704
01/31/2018Order/ProceduralFiled Order Granting Motion. Appellant's motion to associate attorney Patricia Erickson for purposes of oral argument is granted. The clerk of this court shall add Ms. Erickson to the docket in this appeal.18-04338
02/05/2018Case Status UpdateOral argument held this day. Case submitted for decision. Before the En Banc Court.
08/02/2018Opinion/DispositionalFiled Authored Opinion. 'Reversed and remanded." Before the Court En Banc. Author: Cherry, J. Majority: Cherry/Douglas/Gibbons/Parraguirre/Stiglich. Hardesty, J., with whom Pickering, J., agrees, concurring in part and dissenting in part. 134 Nev. Adv. Opn. No. 54. EN BANC18-29615
08/27/2018RemittiturIssued Remittitur.18-33418
08/27/2018Case Status UpdateRemittitur Issued/Case Closed.
09/07/2018RemittiturFiled Remittitur. Received by District Court Clerk on August 31, 2018.18-33418
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