Carlos Noguera v. Robert Legrand, Warden, et al
| CARLOS NOGUERA |
| GREG SMITH, ROBERT LEGRAND, Warden and ATTORNEY GENERAL FOR THE STATE OF NEVADA |
| 11-18072 |
| December 29, 2011 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 39 MANDATE ISSUED.(SR, SRT and WKS) [9024570] (JFF) [Entered: 03/20/2014 02:17 PM] |
| Filing 38 FILED MEMORANDUM DISPOSITION (STEPHEN R. REINHARDT, SIDNEY R. THOMAS and WILLIAM K. SESSIONS, III) REVERSED AND REMANDED. FILED AND ENTERED JUDGMENT. [8991199] (PH) [Entered: 02/25/2014 09:41 AM] |
| Filing 37 SUBMITTED ON THE BRIEFS TO STEPHEN R. REINHARDT, SIDNEY R. THOMAS and WILLIAM K. SESSIONS, III. [8972873] (SYS) [Entered: 02/10/2014 02:37 PM] |
| Filing 36 Filed clerk order (Deputy Clerk: SM): The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and records and the decisional process would not be significantly aided by oral argument. Therefore, this matter is ordered submitted without oral argument on Monday, February 10, 2014, in San Francisco, California. Fed. R. App. P. 34(a)(2). [8962742] (SAM) [Entered: 02/03/2014 10:54 AM] |
| Filing 35 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Adam L. Woodrum for Appellees Robert LeGrand and Nevada Attorney General. [8887138] (Woodrum, Adam) [Entered: 12/03/2013 04:12 PM] |
| Filing 34 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Jonathan Michael Kirshbaum for Appellant Carlos Noguera. [8887002] (Kirshbaum, Jonathan) [Entered: 12/03/2013 03:49 PM] |
| Filing 33 Notice of Oral Argument on Monday, February 10, 2014 - 9:30 AM - Courtroom 3, 3rd Floor - James R. Browning US Courthouse - San Francisco, CA. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SAN FRANCISCO Office. Please open attached documents to view details about your case. [8886272] (RB) [Entered: 12/03/2013 01:31 PM] |
| Filing 32 Terminated John C. Lambrose for Carlos Noguera. [8660300] (RL) [Entered: 06/07/2013 04:04 PM] |
| Filing 31 Filed (ECF) notice of appearance of Jonathan M. Kirshbaum for Appellant Carlos Noguera. Date of service: 06/07/2013. [8660189] (Kirshbaum, Jonathan) [Entered: 06/07/2013 03:42 PM] |
| Filing 30 Added attorney Jonathan Michael Kirshbaum for Carlos Noguera. [8618962] (RL) [Entered: 05/07/2013 10:16 AM] |
| Filing 29 Filed (ECF) notice of appearance of Jonathan Michael Kirshbaum for Appellant Carlos Noguera. Date of service: 05/07/2013. [8618713] (Kirshbaum, Jonathan) [Entered: 05/07/2013 09:23 AM] |
| Filing 28 Received 7 paper copies of Reply brief [ # 26 ] filed by Carlos Noguera. [8609633] (SD) [Entered: 04/30/2013 10:36 AM] |
| Filing 27 Filed clerk order: The reply brief [ # 26 ] submitted by Carlos Noguera is filed. Within 7 days of the filing of this order, appellant is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8602669] (GV) [Entered: 04/24/2013 11:13 AM] |
| Filing 26 Submitted (ECF) Reply Brief for review. Submitted by Appellant Carlos Noguera. Date of service: 04/24/2013. [8602293] (Lambrose, John) [Entered: 04/24/2013 09:41 AM] |
| Filing 25 Received 7 paper copies of Answering brief [ # 23 ] filed by Robert LeGrand and Nevada Attorney General. [8594966] (SD) [Entered: 04/18/2013 01:35 PM] |
| Filing 24 Filed clerk order: The answering brief [ # 23 ] submitted by Robert LeGrand and Nevada Attorney General is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8588868] (GV) [Entered: 04/12/2013 04:02 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees Robert LeGrand and Nevada Attorney General. Date of service: 04/12/2013. [8587592] (Woodrum, Adam) [Entered: 04/12/2013 08:52 AM] |
| Filing 22 Streamlined request [21] by Appellees Robert LeGrand and Nevada Attorney General to extend time to file the brief is approved. Amended briefing schedule: Appellees Nevada Attorney General and Robert LeGrand, Warden answering brief due 04/12/2013. The optional reply brief is due 14 days from the date of service of the answering brief. [8539493] (GS) [Entered: 03/06/2013 02:20 PM] |
| Filing 21 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Robert LeGrand and Nevada Attorney General. New requested due date is 04/12/2013. [8539457] (Woodrum, Adam) [Entered: 03/06/2013 02:08 PM] |
| Filing 19 Received 7 paper copies of Opening brief [ # 17 ] filed by Carlos Noguera. [8513199] (SD) [Entered: 02/13/2013 03:17 PM] |
| Filing 20 Filed Appellant Carlos Noguera paper copies of excerpts of record [ # 17 ] in 4 volume(s). [8513278] (GV) [Entered: 02/13/2013 03:45 PM] |
| Filing 18 Filed clerk order: The opening brief [ # 17 ] submitted by Carlos Noguera is filed. Within 7 days of the filing of this order, appellant is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 17 ] submitted by Carlos Noguera. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8505868] (GV) [Entered: 02/08/2013 10:10 AM] |
| Filing 17 Submitted (ECF) Opening Brief and excerpts of record in 4 volume(s) for review. Submitted by Appellant Carlos Noguera. Date of service: 02/07/2013. [8505231] (Lambrose, John) [Entered: 02/07/2013 04:22 PM] |
| Filing 16 Filed clerk order (Deputy Clerk: amt): Granting unopposed (ECF Filing) motion to extend time to file the opening brief. The opening brief is due 02/11/2013. The answering brief is due 03/13/2013. The optional reply brief is due 14 days after service of the answering brief. [8421313] [11-18072] (AT) [Entered: 11/30/2012 01:23 PM] |
| Filing 15 Filed (ECF) Appellant Carlos Noguera Motion to extend time to file Opening brief until 02/11/2013. Date of service: 11/29/2012. [8420416] (Lambrose, John) [Entered: 11/29/2012 04:41 PM] |
| Filing 14 Added attorney John C. Lambrose for Carlos Noguera. [8326258] (RL) [Entered: 09/17/2012 02:18 PM] |
| Filing 13 Filed (ECF) notice of appearance of John C. Lambrose for Appellant Carlos Noguera. Date of service: 09/17/2012. [8326243] (Lambrose, John) [Entered: 09/17/2012 02:14 PM] |
| Filing 12 Appellee Greg Smith in 11-18072 substituted by Appellee Robert LeGrand in 11-18072 [8324147] (DL) [Entered: 09/14/2012 12:59 PM] |
| Filing 11 Fee status changed ( [Case Number 11-18072: IFP] ). [8324143] (DL) [Entered: 09/14/2012 12:56 PM] |
| Filing 10 Filed order (Appellate Commissioner): The motion for substitution of respondent is granted. The docket shall be amended to reflect the proper respondent-appellee, Robert Legrand, Warden, in place of respondent-appellee Greg Smith. The motion to proceed in forma pauperis is granted. The Clerk shall amend the docket to reflect this status. Appellants motion for appointment of counsel in this appeal from the denial of a 28 U.S.C. 2254 petition for writ of habeas corpus is granted. See 18 U.S.C. 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983) (per curiam). Counsel will be appointed by separate order. The Clerk shall electronically serve this order on the appointing authority for the District of Nevada, who will locate appointed counsel. The appointing authority shall send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. If new counsel identifies uncertified issues that should be raised on appeal, counsel shall include them in the opening brief as permitted by Ninth Circuit Rule 22-1(e). The motion for enlargement of time is denied as unnecessary. The opening brief and excerpts of record are due December 12, 2012; the answering brief is due January 11, 2013; and the optional reply brief is due within 14 days after service of the answering brief. (MOATT) [8324138] (DL) [Entered: 09/14/2012 12:51 PM] |
| Filing 9 Filed Appellant Carlos Noguera reply to opposition to motion for appointment of counsel. Served on 07/08/2012 [8249195] (RL) [Entered: 07/13/2012 09:59 AM] |
| Filing 8 Filed (ECF) Appellees Nevada Attorney General and Greg Smith response opposing motion (for appointment of counsel). Date of service: 06/27/2012. [8230582] (Woodrum, Adam) [Entered: 06/27/2012 03:10 PM] |
| Filing 7 Filed (ECF) Appellees Nevada Attorney General and Greg Smith response to Court order dated 05/23/2012. Date of service: 06/27/2012. [8230084] (Woodrum, Adam) [Entered: 06/27/2012 12:27 PM] |
| Filing 6 Filed Appellant Carlos Noguera motion for appointment of counsel. Served on 06/18/2012. [8225463] (RL) [Entered: 06/22/2012 03:31 PM] |
| Filing 5 Filed Appellant Carlos Noguera motion for leave to appeal In Forma Pauperis. Served on 06/18/2012. [8225458] (RL) [Entered: 06/22/2012 03:30 PM] |
| Filing 4 Received notice of change of address dated 06/08/2012 from Carlos Noguera. Current new address: Lovelock Correctional Center, 1200 Prison Road, Lovelock, NV 89419. [8213964] (RL) [Entered: 06/13/2012 04:07 PM] |
| Filing 3 Received Appellant Carlos Noguera motion for enlargement of time (first request). Served on 06/07/2012 [8210464] (RL) [Entered: 06/12/2012 09:00 AM] |
| Filing 2 Filed order (SUSAN P. GRABER and CONSUELO M. CALLAHAN) After reviewing the underlying petition and concluding that it states at least two federal constitutional claims debatable among jurists of reason, namely whether the jury instructions relieved the prosecution of its burden of proof and whether the trial judges refusal to give appellants proposed jury instruction on reasonable mistaken belief violated appellants right to present a defense, we grant the request for a certificate of appealability. A review of this courts docket reflects that the filing and docketing fees for this appeal remain due. Within 21 days of the filing date of this order, appellant shall either (1) pay to the district court the $455.00 filing and docketing fees for this appeal and file in this court proof of such payment, or (2) file in this court a motion to proceed in forma pauperis, accompanied by a completed CJA Form 23. Failure to pay the fees or file a motion to proceed in forma pauperis shall result in the automatic dismissal of the appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. If appellant moves to proceed in forma pauperis, appellant may simultaneously file a motion for appointment of counsel. The Clerk shall serve a copy of CJA Form 23 on appellant. If appellant pays the fees, the following briefing schedule shall apply: the opening brief is due August 6, 2012; the answering brief is due September 5, 2012; the optional reply brief is due within 14 days after service of the answering brief. If appellant files a motion to proceed in forma pauperis, the briefing schedule will be set upon disposition of the motion. If Greg Smith or the Nevada Attorney General are no longer the appropriate appellees in this case, counsel for appellees shall notify this court by letter of the appropriate substitute party within 21 days of the filing date of this order. See Fed. R. App. P. 43(c). [8189075] (AG) [Entered: 05/23/2012 02:01 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 12/14/2011. Record on appeal included: Yes. (Case file available electronically through PACER). [8015267] (RT) [Entered: 12/29/2011 02:45 PM] |
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