|
2 CA-CR 2006-0215 STATE OF ARIZONA v. JAMES PRENTISS COGHILL
Department: B County: Pima Cause Numbers: CR20042573 Ted B. Borek Submitted: 08/09/2007 At Issue Date: 07/25/2007 At Issue Number: 2006-02995 |
|---|
| Party/Attorney Information | |
|---|---|
| Party Information | Attorney Information |
|
JAMES COGHILL Appellant |
Michael J. Miller ASSISTANT PIMA COUNTY PUBLIC DEFENDER Appointed Robert J. Hooker PIMA COUNTY PUBLIC DEFENDER Appointed |
|
THE STATE OF ARIZONA Appellee |
Diane Leigh Hunt ASSISTANT ATTORNEY GENERAL Appointed ARIZONA ATTORNEY GENERAL Appointed |
| Filings, Dues and Continuances | |||||
|---|---|---|---|---|---|
| Document Type | Due Date | Document Title | Filing Date | Attorney/Firm | Type |
| Motion for Extension to File Answer Brief | MOTION FOR EXTENSION TO FILE ANSWER BRIEF | 06/18/2007 | Hunt, Diane Leigh | Filing | |
| Answering Brief | APPELLEE'S ANSWERING BRIEF | 07/02/2007 | Hunt, Diane Leigh | Filing | |
| Reply Brief | 07/27/2007 | Reply Brief | 07/25/2007 | Miller, Michael J. | Filing |
| Motion for Extension to File Petition for Review | Motion for Extension of Time to File Petition for Review | 11/28/2007 | Hunt, Diane Leigh | Filing | |
| Transmittal Letter | TRANS. LETTER | 06/13/2006 | Filing | ||
| Notice of Appeal | NOTICE OF APPEAL | 06/13/2006 | Filing | ||
| Minute Entry | SENTENCE OF IMPRISONMENT | 06/02/2006 | Filing | ||
| Trial Court Record | 07/28/2006 | Trial Court Record | 07/27/2006 | Filing | |
| Notice | Notice - Request Extension of Time for Indigency Determination | 08/15/2006 | Bair, Mary Jo | Filing | |
| Supplemental Certificate | SUPP. CERT. | 08/29/2006 | Filing | ||
| Letter | Letter from superior court re: PD's record | 09/08/2006 | Filing | ||
| Motion for Extension to File Petition for Review | MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR REVIEW | 01/03/2008 | Hunt, Diane Leigh | Filing | |
| Petition for Review to Supreme Court | The State of Arizona's Petition for Review | 01/10/2008 | Hunt, Diane Leigh | Filing | |
| Notice | Notice of Counsel and Request for Hard Copies of Transcripts | 11/15/2006 | Miller, Michael J. | Filing | |
| Motion for Extension to File Opening Brief | Motion for Extension of Time for Filing Opening Brief | 12/06/2006 | Miller, Michael J. | Filing | |
| Motion for Extension to File Opening Brief | Motion for Extension of Time for Filing Opening Brief | 01/16/2007 | Miller, Michael J. | Filing | |
| Opening Brief | 02/01/2007 | APPELLANT'S OPENING BRIEF | 01/31/2007 | Miller, Michael J. | Filing |
| Motion to Exceed Word Count | Motion to Exceed Word Limit for Filing Opening Brief | 03/08/2007 | Miller, Michael J. | Filing | |
| Notice of Appearance | NOTICE OF APPEARANCE | 03/15/2007 | Hunt, Diane Leigh | Filing | |
| Motion for Extension to File Answer Brief | MOTION FOR EXTENSION TO FILE ANSWER BRIEF | 03/15/2007 | Hunt, Diane Leigh | Filing | |
| Motion for Extension to File Answer Brief | MOTION FOR EXTENSION TO FILE ANSWER BRIEF | 04/18/2007 | Hunt, Diane Leigh | Filing | |
| Motion for Extension to File Answer Brief | MOTION FOR EXTENSION TO FILE ANSWER BRIEF | 05/18/2007 | Hunt, Diane Leigh | Filing | |
| Notice of Transmittal of Record | Letter from Superior Court re record | 08/24/2007 | Filing | ||
| Motion | Motion to Clarify Issues to be Addressed at Oral Argument | 09/18/2007 | Miller, Michael J. | Filing | |
| Notice of Erratum | NOTICE OF ERRATUM | 09/24/2007 | Miller, Michael J. | Filing | |
| Notice of Supplemental Authority | NOTICE OF FILING SUPPLEMENTAL AUTHORITY | 09/24/2007 | Miller, Michael J. | Filing | |
| Status Report re Stay | 09/11/2006 | Status Report re Stay | Coghill, James | Due | |
| Trial Court Record | 07/28/2006 | Trial Court Record | Due | ||
| Opening Brief | 02/01/2007 | Opening Brief | Miller, Michael J. | Due | |
| Answering Brief | 07/02/2007 | Answering Brief | Hunt, Diane Leigh | Due | |
| Petition for Review to Supreme Court | 01/10/2008 | Petition for Review to Supreme Court | Due | ||
| Motion for Reconsideration | 11/21/2007 | Motion for Reconsideration | Due | ||
| Reply Brief | 07/27/2007 | Reply Brief | Miller, Michael J. | Due | |
| Calendar and Decision Information | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| OA Request Due | OA Request By | OA Request Result | OA Filed | OA Date | OA Time | OA Type | Decision Type | Decision Date | Result Type |
| 08/08/2007 | 10/03/2007 | 2:00pm | Opinion | 11/01/2007 | Reversed and Remanded | ||||
| Mandate | |
|---|---|
| Mandate Date | Mandate Vacated Date |
| 06/27/2008 | |
| MR/PR Outcome | |||
|---|---|---|---|
| MR Outcome | MR Outcome Date | PR Outcome | PR Outcome Date |
| Denied | 06/11/2008 | ||
| Ticklers | ||
|---|---|---|
| Tickler Date | Due Date | Description |
| No ticklers available for this case. | ||
| Proceedings | ||
|---|---|---|
| Type | Date | Proceeding |
| Record | 07/21/2006 | Filed: Transcript, jury trial day three, Transcript date: 03/30/2006. (Filed by Kristine B. Valdez) (e-filer) |
| Record | 07/21/2006 | Filed: Transcript, jury trial day six, Transcript date: 04/05/2006. (Filed by Kristine B. Valdez) (e-filer) |
| Record | 07/21/2006 | Filed: Transcript, sentencing, Transcript date: 06/02/2006. (Filed by Kristine B. Valdez) (e-filer) |
| Record | 07/21/2006 | Filed: Transcript, Jury Trial Day Four, Transcript date: 03/31/2006. (Filed by Kristine B. Valdez) (e-filer) |
| Record | 07/27/2006 | Filed: NOTIFICATION OF ELECTRONIC RECORD; . (Filed by Patricia A. Noland)G.J. TRANS. - 1 Vol. and trans. letter; QUESTIONS SUBMITTED DURING JURY TRIAL - 1 Envelope; QUESTIONS SUBMITTED DURING DELIBERATIONS - 1 Envelope; LETTERS SUBMITTED AT SENTENCING - 1 Envelope; PRE-SENTENCE REPORT/PSYCHOLOGICAL EVALUATIONS/LETTERS - 1 Envelope; EXHIBITS - 2 Envelopes |
| Record | 08/29/2006 | Filed: SUPP. CERT.; and trans. letter. (Filed by Patricia A. Noland) |
| Record | 09/15/2006 | Filed: Transcript, Jury Trial Day One, Transcript date: 03/28/2006. (Filed by Cheryl Austin) (e-filer) |
| Record | 09/15/2006 | Filed: Transcript, Jury Trial Day Five, Transcript date: 04/04/2006. (Filed by Cheryl Austin) (e-filer) |
| Record | 09/18/2006 | Filed: Transcript, Jury Trial Day Two, Transcript date: 03/29/2006. (Filed by Cheryl Austin) (e-filer) |
| Briefs | 01/31/2007 | Filed: APPELLANT'S OPENING BRIEF. (Filed by Michael J. Miller) |
| Briefs | 07/02/2007 | Filed: APPELLEE'S ANSWERING BRIEF. (Filed by Diane Leigh Hunt) (e-filer) |
| Briefs | 07/25/2007 | Filed: APPELLANT'S REPLY BRIEF. (Filed by Michael J. Miller) |
| Briefs | 09/24/2007 | Filed: NOTICE OF ERRATUM. (Filed by Michael J.Miller) |
| Briefs | 09/24/2007 | Filed: NOTICE OF FILING SUPPLEMENTAL AUTHORITY. (Filed by Michael J.Miller) |
| All Other | 06/14/2006 | Filed: First Notice of Appeal. Transmittal Letter dated 06/13/2006, Notice of Appeal dated, 06/13/2006 and Sentencing Minute Entry dated 06/02/2006. |
| All Other | 06/26/2006 | Pursuant to Request for Appointment of Counsel filed in Pima County Superior Court, ORDERED: James P. Lagattuta is relieved from further responsibility for the Appellant in connection with this appeal. FURTHER ORDERED: The above-entitled appeal is remanded and jurisdiction is revested in the trial court, to and including July 26, 2006, for a hearing to determine if appellant is indigent. In the event that such order is filed, the clerk of the superior court shall forward same forthwith as a supplement to the record on appeal. |
| All Other | 07/28/2006 | On the court's own motion, ORDERED: The stay of appeal is continued and the trial court shall retain jurisdiction until August 25, 2006, for the limited purpose of determining indigency. FURTHER ORDERED: In the event that such order is filed, the clerk of the superior court shall forward same forthwith as a supplement to the record on appeal. |
| All Other | 08/15/2006 | Filed: Notice - Request Extension of Time for Indigency Determination. (Filed by Mary Jo Bair) (e-filer) |
| All Other | 08/21/2006 | Pursuant to Notice - Request Extension of Time for Indigency, ORDERED: The stay of appeal is continued and the trial court shall retain jurisdiction until September 11, 2006, for the limited purpose of determining indigency. At the discretion of the trial court, the hearing may be conducted telephonically. FURTHER ORDERED: In the event that such order is filed, the clerk of the superior court shall forward same forthwith as a supplement to the record on appeal. |
| All Other | 08/31/2006 | Pursuant to Pima County Superior Court Minute Entry dated August 22, 2006, finding appellant indigent, ORDERED: The stay of appeal is vacated, jurisdiction is revested in this court, and the above-entitled appeal is reinstated. FURTHER ORDERED: Pima County Public Defender is appointed to represent Appellant for all purposes of appeal. FURTHER ORDERED: Clerk Pima County Superior Court shall transmit record on appeal forthwith to newly appointed counsel with a notice of transmittal to be filed with this court. It appearing that the transcript(s) of the proceedings of: Cheryl L. Austin 3/28/2006 - Jury Trial 1st day 3/29/2006 - Jury Trial 2nd day 4/04/2006 - Jury Trial 5th day is/are not included in the record on appeal as required by Ariz. R. Crim. P. 31.8(b)(1), FURTHER ORDERED: The court reporter(s) shall prepare and file the required transcript(s) in this court, with requisite copies for counsel on or before August 31, 2006. If the transcript(s) are filed electronically with this court, the court reporter(s) shall prepare a paper copy of the transcript for prosecution counsel. If the transcript(s) are filed electronically with this court, AND IF DEFENSE COUNSEL NOTIFIES THE COURT REPORTER THAT A PAPER COPY WILL BE NEEDED, the court reporter shall prepare a paper copy for defense counsel and file the transcript(s) in the office of the Managing Court Reporter. FURTHER ORDERED: The cost of the transcript(s) shall be paid by Pima County Superior Court. |
| All Other | 09/08/2006 | Filed: Letter from superior court re: PD's record. (Filed by Patricia A. Noland) |
| All Other | 09/18/2006 | Notice record complete |
| All Other | 11/08/2006 | It appearing counsel for Appellant did not receive a copy of this court’s notice dated September 18, 2006 (copy attached), ORDERED: Time for filing Appellant’s Opening Brief is extended to and including December 18, 2006. |
| All Other | 11/15/2006 | Filed: Notice of Counsel and Request for Hard Copies of Transcripts. (Filed by Michael J.Miller) |
| All Other | 12/06/2006 | Filed: Motion for Extension of Time for Filing Opening Brief. (Filed by Michael J.Miller) |
| All Other | 12/07/2006 | Pursuant to Motion for Extension of Time for Filing Opening Brief, and there being no objection, ORDERED: The time for filing Appellant's Opening Brief is extended to and including January 18, 2007. |
| All Other | 01/16/2007 | Filed: Motion for Extension of Time for Filing Opening Brief. (Filed by Michael J.Miller) |
| All Other | 01/17/2007 | Pursuant to Motion for Extension of Time for Filing Opening Brief, and there being no objection, ORDERED: The time for filing Appellant's Opening Brief is extended to and including February 01, 2007. |
| All Other | 03/06/2007 | Filed: Motion to Exceed Word Limit for Filing Opening Brief. (Filed by Michael J.Miller) |
| All Other | 03/08/2007 | Pursuant to Motion to Exceed Word Limit for Filing Opening Brief, ORDERED: Appellant is allowed to exceed word limitation by filing a brief consisting of 14,904 words in length, including footnotes and quotations, but excluding table of contents, table of citations, certificate of service, certificate of compliance, and any addendum containing statutes, rules, or regulations pursuant to Arizona Rules of Criminal Procedure 31.13 (b)(2). |
| All Other | 03/15/2007 | Filed: NOTICE OF APPEARANCE. (Filed by Diane Leigh Hunt) (e-filer) |
| All Other | 03/15/2007 | Filed: MOTION FOR EXTENSION TO FILE ANSWER BRIEF. (Filed by Diane Leigh Hunt) (e-filer) |
| All Other | 03/16/2007 | Pursuant to Motion for Extension to File Answer Brief, and there being no objection, ORDERED: The time for filing Appellee's Answering Brief is extended to and including April 18, 2007. |
| All Other | 04/18/2007 | Filed: MOTION FOR EXTENSION TO FILE ANSWER BRIEF. (Filed by Diane Leigh Hunt) (e-filer) |
| All Other | 04/18/2007 | Pursuant to Motion for Extension to File Answer Brief, ORDERED: The time for filing Appellee's Answering Brief is extended to and including May 18, 2007. |
| All Other | 05/18/2007 | Filed: MOTION FOR EXTENSION TO FILE ANSWER BRIEF. (Filed by Diane Leigh Hunt) (e-filer) |
| All Other | 05/21/2007 | Pursuant to Motion for Extension to File Answer Brief, and there being no objection, ORDERED: The time for filing Appellee's Answering Brief is extended to and including June 18, 2007. |
| All Other | 06/18/2007 | Filed: MOTION FOR EXTENSION TO FILE ANSWER BRIEF. (Filed by Diane Leigh Hunt) (e-filer) |
| All Other | 06/19/2007 | Pursuant to Motion for Extension to File Answer Brief, and there being no objection, ORDERED: The time for filing Appellee's Answering Brief is extended to and including July 02, 2007. |
| All Other | 08/09/2007 | SUBMITTED |
| All Other | 09/11/2007 | On the court's own motion, ORDERED: Oral argument shall be conducted before Division Two of the Court of Appeals at The James E. Rogers College of Law, 1201 E. Speedway Blvd., room 146, Tucson, Arizona, on October 03, 2007 at 2:00 p.m. Each side may have twenty-five minutes to be heard. |
| All Other | 09/12/2007 | Filed: Copy of oral argument acknowledgment received from Michael J. Miller |
| All Other | 09/17/2007 | Filed: Copy of oral argument acknowledgment received from Diane Leigh Hunt |
| All Other | 09/18/2007 | Filed: Motion to Clarify Issues to be Addressed at Oral Argument. (Filed by Michael J.Miller) |
| All Other | 09/20/2007 | Having considered Appellant's Motion to Clarify Issues to be Addressed at Oral Argument, and noting that, pursuant to this court's practice, the parties will receive a draft decision several working days in advance of said argument, and trusting counsel for both parties to exercise good judgment in determining which issues to address in the limited time provided, ORDERED: Appellant's Motion to Clarify Issues to be Addressed at Oral Argument is DENIED. |
| All Other | 10/04/2007 | SIGN-IN SHEET |
| All Other | 11/01/2007 | ORDER: Opinion be filed. |
| All Other | 11/01/2007 | OPINION - REVERSED AND REMANDED - Eckerstrom with Espinosa and Vasquez. (28) |
| All Other | 11/28/2007 | Filed: Motion for Extension of Time to File Petition for Review. (Filed by Diane LeighHunt) |
| All Other | 11/29/2007 | Pursuant to Motion for Extension of Time to File Petition for Review, ORDERED: Time for filing Petition for Review is extended to and including January 03, 2008. |
| All Other | 01/03/2008 | Filed: MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR REVIEW. (Filed by Diane Leigh Hunt) (e-filer) |
| All Other | 01/04/2008 | Pursuant to Motion for Extension of Time to File Petition for Review, ORDERED: Time for filing Petition for Review is extended to and including January 10, 2008. |
| All Other | 01/10/2008 | Filed: The State of Arizona's Petition for Review. (Filed by Diane LeighHunt) |
| All Other | 01/16/2008 | Petition for Review having been filed January 10, 2008, the partial record, as listed below, is transmitted herewith. Receipt is requested. X PETITION FOR REVIEW 8 X DECISION OF THE COURT (electronically transmitted) X OPENING BRIEF (electronically transmitted) X ANSWERING BRIEF (electronically transmitted) X REPLY BRIEF (electronically transmitted) X NOTICE OF ERRATUM (electronically transmitted) X NOTICE OF SUPPLEMENTAL AUTHORITY (electronically transmitted) X MOTION TO REDESIGNATE (None) |
| All Other | 01/23/2008 | PARTIAL RECEIPT. CR-08-0012-PR |
| All Other | 06/11/2008 | Copy of Minute Entry Order of Arizona Supreme Court re action taken June 3, 2008, ORDERED: The State of Arizona's Petition for Review = DENIED. |
| All Other | 06/11/2008 | Notice of Errata. |
| All Other | 06/11/2008 | Opposition to State's Petition for Review. |
| All Other | 06/27/2008 | MANDATE ISSUED; receipt requested. |
| All Other | 07/16/2008 | FINAL RECEIPT |