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Court

Nevada Supreme Court

Nevada

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Case Information

Filed 2025-02-20
Status Set For Submission
Type Criminal Appeal Life Direct
Docket 65 entries

Docket Entries

  1. Filed Appellant's Amended Proof of Sanction Payment. (SC)
  2. Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. (C357869-1). (SC)
  3. Issued Notice to File Corrected Request for Transcripts. Due date: 14 days. (SC)
  4. Issued Notice Appeal Docketed. Docketing statement due: 21 days; Opening brief and appendix due: 120 days. (SC)
  5. Filed District Court Minutes (SEALED). (SC).
  6. Filed Motion for Waiver of Costs Associated with Preparation and Delivery of Transcripts and Certificate of Transcript Request. (STRICKEN PER ORDER FILED ON 2/28/25)(SC)
  7. Filed Order Striking Deficient Document. Order Striking Deficient Transcript Request Form. Corrected Transcript Request Form due: 14 days from the date of this order. (SC)
  8. Filed Appelant's Order for Transcripts to be paid at State expense. (SC)
  9. Filed Appellant's Request for Transcript of Proceedings. To Court Reporter: Jessica Kirkpatrick & Gina Villani Transcripts requested:10/25/21, 08/20/24, 10/15/24, 10/21/24, 10/22/24, 10/23/24, 10/24/24, 10/28/24, 10/29/24, 10/30/24, 10/31/24 and 01/21/25. (SC)
  10. Filed Appellant's Service for Transcript Request. (SC)
  11. Filed Notice of Voluntary Disclosure for Justice Bell. (SC)
  12. Filed Appellant's Docketing Statement Criminal. (SC)
  13. Filed Notice of Completion from Gina Villani for date(s) 10/25/21. (SC)
  14. Filed Jessica Kirkpatrick Certificate of Compliance Notice of Completion and Delivery of Transcripts for 08/20/24, 10/15/24, 10/22/24, 10/23/24, 10/24/24, 10/28/24, 10/29/24, 10/30/24, 10/31/24 and 01/21/25. (SC)
  15. Filed Appellant's Clarence Martin's Motion for Enlargement of Time to File the Opening Brief (STRICKEN PER 6/23/25 ORDER). (SC)
  16. Filed Order Striking Deficient Document. Order Striking Deficient Appellant's Clarence Martin's Motion for Enlargement of Time to File the Opening Brief. Corrected motion due: 7 days. (SC)
  17. Filed Appellant's Motion to Extend Time to File Opening Brief and Appendix. (SC)
  18. Filed Order Granting Motion. Appellant's opening brief and appendix due: July 21, 2025. (SC)
  19. Filed Appellant's Opening Brief. (SC)
  20. Filed Appellant's Appendix to Opening Brief - Vol. 1. (SC)
  21. Filed Appellant's Appendix to Opening Brief - Vol. 2. (SC)
  22. Filed Appellant's Appendix to Opening Brief - Vol. 3. (SC)
  23. Filed Appellant's Appendix to Opening Brief - Vol. 4. (SC)
  24. Filed Appellant's Appendix to Opening Brief - Vol. 5. (SC)
  25. Filed Order to File Index Volume to Appendix. On July 20, 2025, appellant filed an appendix to the opening brief. Although indexes are included in the appendix, NRAP 30(c)(4) requires the chronological and alphabetical indexes to be filed together as a volume separate from the appendix. Appellant shall have 7 days from the date of this order to file an index volume that contains both the chronological and alphabetical indexes. (SC)
  26. Filed Appellant's Motion for Order Directing District Court to Transmit Exhibits. (STRICKEN PER 7/21/25 ORDER). (SC)
  27. Filed Appellant's Index Volume to Appendix to Opening Brief. (SC)
  28. Filed Order Striking Deficient Document. Order Striking Deficient Motion for Order Directing District Court to Transmit Exhibits. Corrected motion due: 7 days. (SC)
  29. Filed Appellant's Motion for Order Directing District Court to Transmit Exhibits. (SC)
  30. Filed Order Granting Motion in Part and Denying Motion in Part. Appellant has filed a motion to transmit State's exhibit 459 and Defendant's exhibits A, B, C, D, and E in district court case no. C-21-357869-1. The motion as it relates to this exhibit is granted. The clerk of the district court shall have 14 days from the date of this order to transmit State's exhibit 459. The motion is denied without prejudice as it relates to Defendant's exhibits A, B, C, D, and E. (SC)
  31. Filed Appellant's Motion for Order Directing District Court to Transmit Exhibits. (SC)
  32. Filed Order Denying Motion. Appellant has filed a motion to transmit Defendant's exhibits A, B, C, D, and E in district court case no. C-21-357869-1. The motion is denied without prejudice. (SC)
  33. Filed Appellant's Amended Motion for Order Directing District Court to Transmit Exhibits. (STRICKEN PER ORDER FILED ON 8/18/25) (SC)
  34. Filed Order Striking Deficient Document. Order Striking Deficient Motion for Order Directing District Court to Transmit Exhibits. Corrected Motion due: 7 days from the date of this order. (SC)
  35. Filed Respondent's Notice of Appearance for Karen Mishler. (Counsel Updated.) (SC)
  36. Filed Respondent's Motion for Enlargement of Time to File Answering Brief. (SC)
  37. Filed Appellant's Amended Motion for Order Directing District Court to Transmit Exhibits. (SC)
  38. Filed Order Granting Motion. Respondent shall have until October 20, 2025, to file and serve the answering brief. (SC)
  39. Filed Order Denying Motion. Appellant has filed a second amended motion asking this court to direct the district court to transmit State's Exhibit 459 and Defense Exhibits A-E to this court. Appellant first filed a procedurally compliant version of this motion on July 21, 2025. This court granted the motion as to State's Exhibit 459, but denied the motion as to the defense exhibits. This court explained that appellant did not demonstrate that the defense exhibits are incapable of inclusion in the appendix as required. Appellant then filed an amended motion requesting transmission of the defense exhibits. Appellant asserted that the exhibits were confidential and too voluminous to be filed in the appendix. This court denied the motion because appellant did not demonstrate the exhibits could not be included in the appendix. This court again advised appellant that if he believes that the exhibits should be filed under seal in this court, he should file a motion in accordance with Howard v. State, along with any appendix containing the documents. The motion is denied as moot with respect to State's Exhibit 459. This court already granted appellant's motion with respect to this exhibit and directed its transmission on August 1, 2025. The motion is also denied with respect to Defense Exhibits A-E. Appellant still does not demonstrate that the exhibits are incapable of inclusion in the appendix or that review of the original exhibits is necessary for determination of the issues on appeal. (SC)
  40. Filed Appellant's Second Amended Motion for Order Directing District Court to Transmit Exhibits. (DETACHED EXHIBITS AND RETURNED UNFILED PER ORDER ON 9/22/25) (SC)
  41. Filed Order Denying Motion. Appellant has filed a third amended motion asking this court to direct the district court to transmit certain exhibits to this court. Appellant still does not demonstrate that transmission of the defense exhibits from the district court is warranted. As repeatedly explained, to warrant transmission of original documents from the clerk of the district court to this court, a movant must demonstrate that the exhibits are incapable of inclusion in the appendix or that review of the original exhibits is necessary for determination of the issues on appeal. NRAP 30(d). Appellant does not even allege that these circumstances exist with respect to the exhibits. Counsel for appellant, Betsy Allen, is admonished for her repeated filing of unsupported and unwarranted motions to transmit exhibits. Although the current motion does not request such relief, it appears Ms. Allen is attempting to seek leave to file the documents attached to the motion in a sealed, supplemental appendix. The documents may be appropriate for filing under seal. But this court is unable to file them at this time because they do not bear the file-stamp of the district court clerk as required. The clerk shall detach the documents from the motion filed on September 11, 2025, and return them unfiled. Ms. Allen shall have 14 days from the date of this order to file and serve any motion for leave to file a supplemental appendix under seal. Along with the motion, Ms. Allen should provide this court, via mail, with a proposed supplemental appendix, along with supplemental indexes, containing the documents she seeks to file under seal. All documents included in the supplemental appendix must bear the district court clerk's file stamp, or its equivalent, exhibit stickers. (SC)
  42. Filed Appellant's Fourth Amended Motion for Order Directing the District Court to Transmit Defense Exhibits A-D and F-G to the Supreme Court of Nevada. (SC)
  43. Filed Respondent's Motion for Extension of Time to File Answering Brief. (SC)
  44. Filed Order Regarding Motion and Imposing Sanctions. Appellant has filed a fourth amended motion asking this court to direct the district court to transmit certain exhibits to this court. Ms. Allen's repeated failure to comply with this court's rules and orders has caused this court to unnecessarily expend its limited judicial resources to address what should be a simple motion. We conclude the imposition of sanctions is warranted. Ms. Allen shall have 14 days from the date of this order to pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of payment. The fourth amended motion is treated as a motion for leave to file a supplemental appendix under seal and granted as such. However, this court is unable to file the submitted appendix because it lacks a cover, it exceeds the page limitation, and the pages are not numbered consecutively. The clerk shall return the supplemental appendix and indexes received on September 29, 2025, unfiled. Ms. Allen's amended supplemental appendix and index due: 7 days. If compliant, the clerk shall file the amended supplemental appendix under seal.
  45. Filed Appellant's Motion for Additional Time to File Appendix Under Seal. (SC)
  46. Filed Appellant's Motion for Reconsideration of Sanctions. (SC)
  47. Filed Order Granting Motions. Respondent's motion requesting a second extension of time to file the answering brief is granted. Respondent shall have until November 3, 2025, to file and serve the answering brief. Appellant's motion for an extension of time to file the sealed appendix is granted to the following extent. Appellant shall have until November 6, 2025, to file and serve the amended supplemental sealed appendix and indexes. The appendix must comply with all requirements of NRAP 30 and NRAP 32. If compliant, the clerk shall file the amended supplemental appendix under seal. (SC)
  48. Filed Certificate of Service for Appellant's Supplemental Transcript (Request to File Under Seal). (SC)
  49. Filed Respondent's Answering Brief. (SC)
  50. Filed Index to Appendix to Answering Brief (SC)
  51. Filed Appendix to Answering Brief (SC)
  52. Filed Respondent's Motion to Transmit Exhibit 465 Under NRAP 30(d). (SC)
  53. Filed (SEALED) Appellant's Supplemental Index, Volume 1. (SC)
  54. Filed (SEALED) Appellant's Supplemental Index, Volume 2. (SC)
  55. Filed (SEALED) Appellant's Supplemental Index, Volume 3. (SC)
  56. Filed (SEALED) Appellant's Supplemental Index. (SC)
  57. Filed Order Denying Motion for Reconsideration. The motion for reconsideration of the order imposing sanctions is denied. Sanction payment due: 14 days. (SC).
  58. Filed Order Granting Motion to Transmit Original Exhibit. District court's exhibit 465 due: 14 days. (SC)
  59. Filed Appellant's Motion to Extend Time to Pay Sanction. (SC)
  60. Filed Appellant's Motion to Extend Time to File Reply Brief. (SC)
  61. Filed Proof of Payment of Sanction (Betsy Allen) (SC).
  62. Filed Appellant's Reply Brief (SC)
  63. Filed Order. On December 1, 2025, Ms. Allen filed a motion for an extension of time, until December 3, 2025, so that she could personally deliver the sanctions to the library. On December 4, 2025, the Supreme Court Law Library filed documents demonstrating that the sanctions were paid on December 3. To date, however, Ms. Allen has failed to comply with this court's directive to provide proof of payment. Nevertheless, because the sanctions have been paid and the reply brief filed, this court declines to impose further sanctions on Ms. Allen at this time. The motions for extensions of time are granted to the following extent. The reply brief was filed on December 9, 2025. Ms. Allen shall have 7 days from the date of this order to provide this court with proof of payment of the sanctions. (SC)
  64. Briefing Completed/To Screening. (SC)
  65. Filed Appellant's Proof of Sanction Payment. (SC)

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