District Court Case No: C-21-355642-2
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`Electronically Filed
`Apr 17 2025 09:41 AM
`Elizabeth A. Brown
`Clerk of Supreme Court
`IN THE EIGHTH JUDICIAL DISTRICT COURT OF THE
`STATE OF NEVADA IN AND FOR
`THE COUNTY OF CLARK
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`Plaintiff(s),
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`vs.
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`Defendant(s).
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`THE STATE OF NEVADA,
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`JOHN CAVER,
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`NOTICE OF APPEAL PACKET
`COVER SHEET
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`Docket 90490 Document 2025-17284
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`NTC
`BETSY ALLEN, ESQ
`Nevada Bar No. 6878
`Law Office of Betsy Allen
`P.O. Box 46991
`Las Vegas, Nevada 89114
`(702) 386-9700
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`THE STATE OF NEVADA.
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` Plaintiff,
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` v.
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`JOHN CAVER,
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` Defendnant.
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`DISTRICT COURT
`CLARK COUNTY, NEVADA
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` Case No. C-21-355642-2
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` Dept. No. II
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`NOTICE OF APPEAL
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`COMES NOW, Defendant, JOHN CAVER, by and through his counsel of
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`record, BETSY ALLEN ESQ, and hereby files this Notice of Appeal, appealing the
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`Judgement of Conviction filed in this case.
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`DATED this 16th day of April, 2025.
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`By: _/s/ Betsy Allen_______
`BETSY ALLEN, ESQ.
`Nevada Bar No. 6878
`Law Office of Betsy Allen
`P.O. Box46991
`Las Vegas, Nevada 89114
`(702) 386-9700
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`Case Number: C-21-355642-2
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`Electronically Filed
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`4/16/2025 8:26 AM
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`Steven D. Grierson
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`CLERK OF THE COURT
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`CAS
`BETSY ALLEN, ESQ
`Nevada Bar No. 6878
`Law Office of Betsy Allen
`P.O. Box 46991
`Las Vegas, Nevada 89114
`Phone (702) 386-9700
`Fax (702) 386-4723
`betsyallenesq@yahoo.com
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`THE STATE OF NEVADA.
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` Plaintiff,
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` v.
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`JOHN CAVER,
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` Defendant.
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`DISTRICT COURT
`CLARK COUNTY, NEVADA
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` Case No. C-21-355642-2
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` Dept. No. II
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`CASE APPEAL STATEMENT
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`1. Name of appellant filing this case appeal statement: JOHN CAVER
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`2. Identify the judge issuing the decision, judgment, or order appealed from:
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`3. Identify each appellant and the name and address of counsel for each
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`appellant:
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`JOHN CAVER
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`Betsy Allen, Esq
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`Nevada Bar No. 006878
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`P.O. Box 46991
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`Las Vegas, Nevada 89114
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`(702) 386-9700
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`betsyallenesq@yahoo.com
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`Attorney for Defendant/Appellant
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`CARLI KIERNY.
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`Case Number: C-21-355642-2
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`Electronically Filed
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`4/16/2025 8:27 AM
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`Steven D. Grierson
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`CLERK OF THE COURT
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`N/A
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`6. Indicate if appellant was represented by appointment or retained
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`4. Identify each respondent and the name and address of appellate counsel, if
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`know, for each all parties involved in this appeal:
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`THE STATE OF NEVADA
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`Clark County District Attorney
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`200 Lewis Avenue
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`Las Vegas, Nevada 89155
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`Attorney for Respondent
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`5. Indicate whether any attorney identified above in response to question 3 or
`4 is not licensed to practice law in Nevada and, if so, whether the district court
`granted that attorney permission to appear under SCR 42:
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`counsel in the district court: Appointed
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`7. Indicate whether the appellant is represented by appointed or retained
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`counsel on appeal: Appointed
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`8. Indicate whether the appellant was granted leave to proceed in forma
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` pauperis, and the date of entry of the district court order granting such leave:
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`Did not apply.
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`9. Indicate the date the proceedings commenced in the district court:
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`04/30/21
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`10. Provide a brief description of the nature of the action and result in the
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`district court, including the type of judgment or order being appealed and the relief
`granted by the district court:
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`Appellant was charged with numerous offenses, to include murder. He
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`proceeded to trial and was convicted. This appeal follows.
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`11. Indication whether the case has previously been the subject of an appeal
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`to or original writ proceeding in the Supreme Court or Court of Appeals and, if so,
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`the caption and appellate court docket number of the prior proceeding:
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`12. Does this appeal raise issues involving child custody, the guardianship of
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`a minor, parenting time, or visitation?
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`None
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`NO
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`N/A
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`DATED this 16th day of April, 2025.
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`Respectfully Submitted,
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`__/s/ Betsy Allen________
`BETSY ALLEN, ESQ
`Nevada Bar No. 6878
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`13. If this is a civil case, indicate whether this appeal involves the possibility
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`of a settlement:
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`CERTIFICATE OF SERVICE
`I hereby certify on the 16th day of April, 2025, I served a true and correct copy
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`of the foregoing CASE APPEAL STATEMENT via email, to:
`motions@clarkcountydanv.gov
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`And via U.S. Mail, postage prepaid to:
`JOHN CAVER
`#2846256
`CCDC
`330 S. Casino Center Blvd
`Las Vegas, Nevada 89101
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`/s/ Betsy Allen, Esq.
`Betsy Allen
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`REQT
`BETSY ALLEN, ESQ
`Nevada Bar No. 6878
`Law Office of Betsy Allen
`P.O. Box 46991
`Las Vegas, Nevada 89114
`Phone (702) 386-9700
`Fax (702) 386-4723
`betsyallenesq@yahoo.com
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`THE STATE OF NEVADA.
`
`DISTRICT COURT
`CLARK COUNTY, NEVADA
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` Plaintiff,
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`CaseNo.C-22-355642-2
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` v.
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`JOHN CAVER,
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` Defendant.
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`Dept. No. II
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`MOTION FOR WAIVER OF COSTS ASSOCIATED WITH PREPARATION AND
`DELIVERY OF TRANSCRIPTS AND CERTIFICATE OF TRANSCRIPT REQUEST
`COMES NOW, JOHN CAVER, by and through his counsel of record,
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`BETSY ALLEN, ESQ., and hereby moves this Court for a waiver of the costs associated
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`with the preparation and delivery of transcripts and certifies that transcripts are
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`requested.
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`DATED this 16th day of April, 2025.
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`By: _/s/ Betsy Allen_______
`BETSY ALLEN, ESQ.
`Nevada Bar No. 6878
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`Case Number: C-21-355642-2
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`Electronically Filed
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`4/16/2025 8:28 AM
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`Steven D. Grierson
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`CLERK OF THE COURT
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`MEMORANDUM
`I, BETSY ALLEN, ESQ., am the attorney in the above captioned case. I was
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`appointed in the district court to represent Defendant, JOHN CAVER. Counsel is
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`requesting the following transcripts from the case below, to be prepared at county
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`expense. The transcripts are necessary for the preparation of the appeal in this matter.
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`The dates requested are: 01/07/25, 01/21/25, 04/15/25
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`DATED this 16th day of April, 2025.
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`By: _/s/ Betsy Allen_______
`BETSY ALLEN, ESQ.
`Nevada Bar No. 6878
`Law Office of Betsy Allen
`P.O. Box46991
`Las Vegas, Nevada 89114
`(702) 386-9700
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY AND AFFIRM that this document was filed electronically with
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`the Eighth Judicial District Court on the 15th of January, 2025. Electronic Service of the
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`foregoing document shall be made in accordance with the Master Service List as follows:
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`AARON FORD, ESQ.
`Nevada Attorney General
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`ALEXANDER G. CHEN, ESQ.
`Chief Deputy District Attorney
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`I further certify that I served a copy of this document by mailing a true and correct
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`copy thereof, postage pre-paid, addressed to:
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`CLARENCE MARTIN
`Inmate No: 1293305
`HDSP
`P.O. Box 46991
`Indian Springs, Nevada 89070
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`/s/ BETSY ALLEN
`BETSY ALLEN, ESQ
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`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
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`Location: Department 2
`Judicial Officer: Kierny, Carli
`Filed on: 04/30/2021
`Case Number History:
`Cross-Reference Case
`Number:
`Defendant's Scope ID #: 2846256
`Grand Jury Case Number: 19CGJ183B
`ITAG Case ID: 2325398
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`C355642
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`§§§§§§§§
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`CASE INFORMATION
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`State of Nevada
`vs
`John Caver
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`Offense
`1. CONSPIRACY TO COMMIT MURDER
`Arrest: 04/30/2021
`2. MURDER WITH USE OF A DEADLY
`WEAPON
`3. ATTEMPT MURDER WITH USE OF A
`DEADLY WEAPON
`4. ATTEMPT MURDER WITH USE OF A
`DEADLY WEAPON
`5. BATTERY WITH USE OF A DEADLY
`WEAPON RESULTING IN
`SUBSTANTIAL BODILY HARM
`6. BATTERY WITH USE OF A DEADLY
`WEAPON RESULTING IN
`SUBSTANTIAL BODILY HARM
`7. DISCHARGING FIREARM AT OR INTO
`OCCUPIED STRUCTURE, VEHICLE,
`AIRCRAFT OR WATERCRAFT
`Filed As: ASSAULT WITH A DEADLY
`WEAPON
`8. DISCHARGING FIREARM AT OR INTO
`OCCUPIED STRUCTURE, VEHICLE,
`AIRCRAFT OR WATERCRAFT
`Filed As: ASSAULT WITH A DEADLY
`WEAPON
`9. DISCHARGING FIREARM AT OR INTO
`OCCUPIED STRUCTURE, VEHICLE,
`AIRCRAFT, OR WATERCRAFT
`10. DISCHARGING FIREARM AT OR INTO
`OCCUPIED STRUCTURE, VEHICLE,
`AIRCRAFT, OR WATERCRAFT
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`Statute
`200.010
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`200.010
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`200.010
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`200.010
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`200.481.2e2
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`200.481.2e2
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`202.285.1b
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`Deg
`F
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`F
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`F
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`F
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`F
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`F
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`F
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`Date
`02/06/2021
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`02/06/2021
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`Case Type: Felony/Gross Misdemeanor
`Subtype: Homicide
`Case
`Status: 04/15/2025 Closed
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`02/06/2021
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`02/06/2021
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`02/06/2021
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`02/06/2021
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`02/06/2021
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`F
`202.285.1b
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`4/30/2021
`F
`02/06/2021
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`F
`202.285.1b
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`4/30/2021
`F
`02/06/2021
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`202.285.1b
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`F
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`02/06/2021
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`Related Cases
`C-21-355642-1 (Multi-Defendant Case)
`Statistical Closures
`04/15/2025 Jury Trial - Conviction - Criminal
`Warrants
`Indictment Warrant - Caver, John (Judicial Officer: Bell, Linda Marie )
`05/24/2021
`12:21 PM Returned - Served
`04/30/2021
`11:00 AM Active
`Fine:
`Bond:
`Bonds
`Surety #AS250K-11774 $250,000.00
`5/26/2022
`Surrendered
`7/27/2021
`Active
`Counts: 1, 10, 2, 3, 4, 5, 6, 7, 8, 9
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`$0
`$500,000.00
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`Any
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`DATE
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`CASE ASSIGNMENT
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`PAGE 1 OF 22
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`Printed on 04/17/2025 at 8:21 AM
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`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
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`Current Case Assignment
`Case Number
`Court
`Date Assigned
`Judicial Officer
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`C-21-355642-2
`Department 2
`04/04/2022
`Kierny, Carli
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`PARTY INFORMATION
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`Defendant
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`Caver, John
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`Plaintiff
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`State of Nevada
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`Lead Attorneys
`Allen, Betsy
`Retained
`702-386-9700(W)
`Wolfson, Steven B
`702-671-2700(W)
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`DATE
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`04/30/2021
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`04/30/2021
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`05/01/2021
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`05/03/2021
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`05/10/2021
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`05/13/2021
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`05/13/2021
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`05/13/2021
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`05/19/2021
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`05/21/2021
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`06/16/2021
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`EVENTS & ORDERS OF THE COURT
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`EVENTS
`Indictment
`[1] Indictment
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`Warrant
`[2] C-21-355642-2 - WARR - JOHN CAVER
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`Reporters Transcript
`[3] Reporter's Transcript of Proceedings - Grand Jury - Hearing - 04/22/21 - Volume 1
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`Indictment Warrant Return
`[4]
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`Notice of Department Reassignment
`[5] Notice of Department Reassignment
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`Transcript of Proceedings
`[6] Reporter's Transcript of Proceedings, Grand Jury Hearing, April 29, 2021, Volume 2
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`Motion to Set Bail
`Filed By: Defendant Caver, John
`[7] Motion to Request Lower Bail
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`Clerk's Notice of Hearing
`[8] Notice of Hearing
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`Media Request and Order
`[9] Media Request and Order Allowing Camera Access to Court Proceedings
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`Opposition
`[10] State's Opposition to Defendant's Motion for Bail Reduction
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`Motion
`Filed By: Defendant Caver, John
`[11] Motion to Conduct Source Hearing
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`INDEX
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`Index #1
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`Index #2
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`Index #3
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`Index #4
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`Index #5
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`Index #6
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`Index #7
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`Index #8
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`Index #9
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`Index #10
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`Index #11
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`PAGE 2 OF 22
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`Printed on 04/17/2025 at 8:21 AM
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`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
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`06/16/2021
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`07/07/2021
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`08/06/2021
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`11/19/2021
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`12/02/2021
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`Clerk's Notice of Hearing
`[12] Notice of Hearing
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`Order
`[13] Pre-Trial Order Setting Bail
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`Bail Bond
`[14] Power Number AS250K-11774 amount $250,000.00
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`Notice of Witnesses and/or Expert Witnesses
`[15] State's Notice of Witnesses and/or Expert Witnesses
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`Motion to Continue Trial
`Filed By: Defendant Caver, John
`[16] Motion to Continue Trial Date
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`12/02/2021
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`Clerk's Notice of Hearing
`[17] Notice of Hearing
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`04/04/2022
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`Case Reassigned to Department 2
`Judicial Reassignment - From Judge Cristina D. Silva to Judge Carli Kierny
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`04/28/2022
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`04/28/2022
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`06/01/2022
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`06/06/2022
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`02/08/2023
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`02/09/2023
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`02/15/2023
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`06/07/2023
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`Motion
`Filed By: Defendant Caver, John
`[18] Defendant's Motion to Request Reinstatement on House Arrest
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`Clerk's Notice of Hearing
`Party: Defendant Caver, John
`[19] Notice of Hearing
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`Bond
`[20] "Bond surrendered; bonding company notified via mail". AS250K-11774
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`Opposition
`Filed By: Plaintiff State of Nevada
`[21] State's Opposition to Defendant's Motion to Request Reinstatement to House Arrest
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`Joinder To Motion
`Filed By: Defendant Caver, John
`[22] Defendant's Joinder in Motion for Discovery
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`Clerk's Notice of Hearing
`Party: Defendant Caver, John
`[23] Notice of Hearing
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`Notice of Change of Hearing
`[24] Notice of Change of Hearing
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`Motion
`Filed By: Defendant Caver, John
`[25] Motion to Withdraw as Counsel of Record
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`Index #12
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`Index #13
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`Index #14
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`Index #15
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`Index #16
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`Index #17
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`Index #18
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`Index #19
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`Index #20
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`Index #21
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`Index #22
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`Index #23
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`Index #24
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`Index #25
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`PAGE 3 OF 22
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`Printed on 04/17/2025 at 8:21 AM
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`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
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`Clerk's Notice of Hearing
`[26] Clerk's Notice of Hearing
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`Notice of Change of Hearing
`[27] Notice Of Change Of Hearing
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`Motion
`Filed By: Defendant Caver, John
`[28] Motion to Compel Production of Discovery and Brady Material
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`Clerk's Notice of Hearing
`[29] Clerk's Notice of Hearing
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`Motion to Compel
`Filed By: Defendant Caver, John
`[30] Motion to Compel Henthorn Matierials, Gang Files, Juvenile Records, Records of
`Interactions Between Defendant Caver and NLVPD Officer Cook, and all other Brady
`Material and Discovery
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`Clerk's Notice of Hearing
`[31] Clerk's Notice of Hearing
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`Motion
`Filed By: Defendant Caver, John
`[32] Defendant's Motion to Sever Defendants
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`Motion
`Filed By: Defendant Caver, John
`[33] Amended Motion to Sever Defendants
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`Notice of Change of Hearing
`[34] Notice of Change of Hearing
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`Clerk's Notice of Hearing
`Party: Defendant Caver, John
`[35] Notice of Hearing
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`Notice of Expert Witnesses
`Filed By: Defendant Caver, John
`[36] Notice of Expert Witness
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`Motion
`Filed By: Defendant Caver, John
`[37] Motion In Limine to Exclude Prejudicial and Duplicative Gruesome Photographs
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`Motion
`Filed By: Defendant Caver, John
`[38] Motion to Suppress Evidence Obtained in Violation of the Fourth Amendment, and/or
`Request for Franks Hearing
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`Motion
`Filed By: Defendant Caver, John
`[39] Motion in Limine To Preclude Gang Testimony
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`Index #26
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`Index #27
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`Index #28
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`Index #29
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`Index #30
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`Index #31
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`Index #32
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`Index #33
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`Index #34
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`Index #35
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`Index #36
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`Index #37
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`Index #38
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`Index #39
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`06/08/2023
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`08/22/2023
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`09/20/2023
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`09/21/2023
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`12/09/2024
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`12/09/2024
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`12/09/2024
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`12/09/2024
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`12/09/2024
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`12/10/2024
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`12/10/2024
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`12/10/2024
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`12/10/2024
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`12/10/2024
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`PAGE 4 OF 22
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`Printed on 04/17/2025 at 8:21 AM
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
`
`Motion
`Filed By: Defendant Caver, John
`[40] Motion in Limine to Exclude the State From Introducing Irrelevant and Non-Probative
`Evidence, Including Evidence Obtained in Violation of the Fourth Amendment
`
`Clerk's Notice of Hearing
`[41] Notice of Hearing
`
`Temporary Seal Pending Court Approval
`Filed By: Defendant Caver, John
`[42] Ex Parte Motion to Compel
`
`Ex Parte Order
`Filed By: Defendant Caver, John
`[43] Ex Parte Order for Records
`
`Ex Parte Order
`Filed By: Defendant Caver, John
`[44] Ex Parte Order for Records
`
`Ex Parte Order
`Filed By: Defendant Caver, John
`[45] Ex Parte Order for Records
`
`Ex Parte Order
`Filed By: Defendant Caver, John
`[46] Ex Parte Order for Records
`
`Ex Parte Motion
`Filed By: Defendant Caver, John
`[47] Ex Parte Motion for Order to Transport Adreon Caver
`
`Clerk's Notice of Hearing
`[48] Clerk's Notice of Hearing
`
`Opposition and Countermotion
`Filed By: Plaintiff State of Nevada
`[49] State's Opposition to Defendant's Motion to Exclude Gang Affiliation and Countermotion
`to Admit Evidence of Gang Affiliation to Prove Motive
`
`Opposition
`Filed By: Plaintiff State of Nevada
`[50] Opposition to Defendants Motion To Exclude Autopsy Photos
`
`Response
`[51] Response to Defendant's Motion to Compel and Request for Reciprocal Discovery
`
`Supplemental Witness List
`[52] State's Supplemental Notice of Witnesses and/or Expert Witnesses
`
`Opposition to Motion
`Filed By: Plaintiff State of Nevada
`[53] State's Opposition to Defendants Motion to Exclude Evidence
`
`Index #40
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`Index #41
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`Index #42
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`Index #43
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`Index #44
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`Index #45
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`Index #46
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`Index #47
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`Index #48
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`Index #49
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`Index #50
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`Index #51
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`Index #52
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`Index #53
`
`12/10/2024
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`12/10/2024
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`12/23/2024
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`12/27/2024
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`12/27/2024
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`12/27/2024
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`12/27/2024
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`12/30/2024
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`12/30/2024
`
`01/02/2025
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`01/02/2025
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`01/02/2025
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`01/03/2025
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`01/06/2025
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`PAGE 5 OF 22
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`Printed on 04/17/2025 at 8:21 AM
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
`
`Supplemental Witness List
`[54] State's Second Supplemental Notice of Witnesses and/or Expert Witnesses
`
`Notice of Witnesses and/or Expert Witnesses
`Filed By: Defendant Caver, John
`[55] Notice of Witness and/or Expert Witness
`
`Supplemental Witness List
`[56] State's Third Supplemental Notice of Witnesses and/or Expert Witnesses
`
`Opposition
`Filed By: Plaintiff State of Nevada
`[57] States Opposition to Defendants Motion to Suppress Evidence Obtained in Violation of
`the Fourth Amendment And/Or Request for Franks Hearing
`
`Order for Production of Inmate
`[58] Order for Production of Inmate
`
`Notice of Witnesses and/or Expert Witnesses
`Filed By: Defendant Caver, John
`[59] Notice of Witness
`
`Amended Indictment
`[60] Amended Indictment
`
`Amended Indictment
`[61] Amended Indictment - Filed in Open Court
`
`Jury List
`[62] Jury List - Filed in Open Court
`
`Stipulation and Order
`Filed by: Plaintiff State of Nevada
`[63] Stipulation and Order
`
`Amended Indictment
`[64] Second Amended Indictment
`
`Jury List
`[65] Jury List - Filed in Open Court
`
`Instructions to the Jury
`[66] Instructions to the Jury - Filed in Open Court
`
`Notice
`[67] Speaker Notification
`
`Verdict
`[68] Verdict - Filed in Open Court
`
`01/06/2025
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`01/06/2025
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`01/16/2025
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`01/16/2025
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`01/21/2025
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`01/21/2025
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`01/28/2025
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`01/28/2025
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`01/29/2025
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`01/31/2025
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`02/04/2025
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`02/04/2025
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`02/04/2025
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`02/05/2025
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`02/05/2025
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`02/28/2025
`
`PSI
`
`Index #54
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`Index #55
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`Index #56
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`Index #57
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`Index #58
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`Index #59
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`Index #60
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`Index #61
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`Index #62
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`Index #63
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`Index #64
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`Index #65
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`Index #66
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`Index #67
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`Index #68
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`Index #69
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`PAGE 6 OF 22
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
`
`[69]
`
`02/28/2025
`
`PSI - Miscellaneous
`[70]
`
`03/03/2025
`
`03/24/2025
`
`03/24/2025
`
`03/24/2025
`
`03/24/2025
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`03/24/2025
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`03/24/2025
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`03/24/2025
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`03/25/2025
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`04/15/2025
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`04/16/2025
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`04/16/2025
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`04/16/2025
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`04/16/2025
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`04/16/2025
`
`PSI - Miscellaneous
`[71]
`
`Recorders Transcript of Hearing
`[72] Recorders Transcript of Hearing Re: Jury Trial - Day 1, January 28, 2025
`
`Recorders Transcript of Hearing
`[73] Recorders Transcript of Hearing Re: Jury Trial - Day 2, January 29, 2025
`
`Recorders Transcript of Hearing
`[74] Recorders Transcript of Hearing Re: Jury Trial - Day 3, January 30, 2025
`
`Recorders Transcript of Hearing
`[75] Recorders Transcript of Hearing Re: Jury Trial - Day 4, January 31, 2025
`
`Recorders Transcript of Hearing
`[76] Recorders Transcript of Hearing Re: Jury Trial - Day 5, February 3, 2025
`
`Recorders Transcript of Hearing
`[77] Recorders Transcript of Hearing Re: Jury Trial - Day 6, February 4, 2025
`
`Recorders Transcript of Hearing
`[78] Recorders Transcript of Hearing Re: Jury Trial - Day 7, February 5, 2025
`
`Media Request and Order
`[79] Media Request and Order Allowing Camera Access to Court Proceedings
`
`Judgment of Conviction
`[80] C355642-2 CAVER JOHN
`
`Notice of Appeal (Criminal)
`Party: Defendant Caver, John
`[81] Notice of Appeal
`
`Case Appeal Statement
`Filed By: Defendant Caver, John
`[82] Case Appeal Statement
`
`Motion for Production of Transcript
`Filed By: Defendant Caver, John
`[83] Transcript Request
`
`Order
`[84] Order for Transcripts
`
`Clerk's Notice of Hearing
`[85] Clerk's Notice of Hearing
`
`Index #70
`
`Index #71
`
`Index #72
`
`Index #73
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`Index #74
`
`Index #75
`
`Index #76
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`Index #77
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`Index #78
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`Index #79
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`Index #80
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`Index #81
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`Index #82
`
`Index #83
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`Index #84
`
`Index #85
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`PAGE 7 OF 22
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`Printed on 04/17/2025 at 8:21 AM
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`

`

`02/04/2025
`
`04/30/2021
`
`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
`
`DISPOSITIONS
`Plea (Judicial Officer: Kierny, Carli)
` 9. DISCHARGING FIREARM AT OR INTO OCCUPIED STRUCTURE, VEHICLE,
`AIRCRAFT, OR WATERCRAFT
` Charges Amended/Dropped
` PCN: Sequence:
`
` 10. DISCHARGING FIREARM AT OR INTO OCCUPIED STRUCTURE, VEHICLE,
`AIRCRAFT, OR WATERCRAFT
` Charges Amended/Dropped
` PCN: Sequence:
`
`HEARINGS
`Grand Jury Indictment (11:00 AM) (Judicial Officer: Bell, Linda Marie)
`MINUTES
`Warrant
`04/30/2021 Inactive Indictment Warrant
`Matter Heard;
`Journal Entry Details:
`Kenneth Dickinson, Grand Jury Foreperson, stated to the Court that at least twelve members
`had concurred in the return of the true bill during deliberation, but had been excused for
`presentation to the Court. State presented Grand Jury Case Number 19CGJ183B to the Court.
`COURT ORDERED, the Indictment may be filed and is assigned Case Number C-21-355642-
`2, Department X. State requested a warrant, argued bail, and advised Deft. is in custody.
`COURT ORDERED, $500,000.00 BAIL SET with a Source Hearing prior to release and High-
`Level Electronic Monitoring; INDICTMENT WARRANT ISSUED, and matter SET for
`Arraignment. Upon Court's inquiry, the State advised there are no material witness warrants
`to quash. COURT FURTHER ORDERED, Exhibits 1-32 to be lodged with the Clerk of the
`Court; North Las Vegas Justice Court case no. 21CRN000449 DISMISSED per the State's
`request. In addition, a Pre-Trial Risk Assessment will be prepared if one was not previously
`done. I.W. (CUSTODY) 05/05/21 8:30 A.M. INITIAL ARRAIGNMENT (DEPT X) CLERKS
`NOTE: The minute order has been amended to reflect the change in date for the Initial
`Arraignment and distributed to Chief Deputy District Attorney Binu Palal at
`binu.palal@clarkcountyda.com and Andrew Leavitt Esq., at andrewleavitt@ymail.com. 5/3/21
`gs;
`SCHEDULED HEARINGS
`Initial Arraignment (05/05/2021 at 8:30 AM) (Judicial Officer: Jones, Tierra)
`
`05/05/2021
`
`Initial Arraignment (8:30 AM) (Judicial Officer: Jones, Tierra)
`
`05/05/2021
`
`Indictment Warrant Return (8:30 AM) (Judicial Officer: Jones, Tierra)
`
`05/05/2021
`
`05/14/2021
`
`All Pending Motions (8:30 AM) (Judicial Officer: Jones, Tierra)
`Matter Heard;
`Journal Entry Details:
`APPEARANCES CONTINUED: Parties present via video, through bluejeans technology.
`INDICTMENT WARRANT RETURN...INITIAL ARRAIGNMENT DEFT CAVER RETURNED
`ON THE INDICTMENT WARRANT. Upon Court's inquiry, the State is not seeking death is
`this case. DEFT CAVER ARRAIGNED AND PLED NOT GUILTY and WAIVED the 60-DAY
`RULE. COURT ORDERED, case ASSIGNED to DC9 and SET for status check on trial setting
`in DC9, on the date given. CUSTODY 05/14/21 1:30 P.M. STATUS CHECK: TRIAL
`SETTING;
`
`Status Check (1:30 PM) (Judicial Officer: Silva, Cristina D.)
`Status Check: Trial Setting
`Trial Date Set;
`Journal Entry Details:
`APPEARANCES CONTINUED: Parties present via video, through bluejeans technology. Mr.
`
`PAGE 8 OF 22
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`

`

`05/24/2021
`
`06/28/2021
`
`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
`Purdy standing in for Mr. Leavitt, on behalf of co-deft., Caver. Court made the disclosure, that
`it previously worked as a Supervisor at the U.S. Attorney's office. However, this Court did not
`prosecute the case, but remembers the name. Counsel advised there are no issues. Mr.
`Dollente advised deft. waived last week. Mr. Purdy advised co-deft Caver waived also. Mr.
`Palal advised the state is stipulating to move the writ deadline to 6-28-21. COURT SO
`ORDERED, as to both defts. FURTHER COURT ORDERED, as to co-deft Caver, 5-17-21 bail
`motion VACATED and RE-SET to 5-24-21. COURT FURTHER ORDERED, trial date SET as
`to both defts on the date given. CUSTODY COLEMAN / CAVER 12/10/21 1:30 P.M.
`CALENDAR CALL (BOTH) 12/13/21 9:30 A.M. JURY TRIAL (BOTH);
`
`Motion to Set Bail (11:00 AM) (Judicial Officer: Silva, Cristina D.)
`Defendant's Motion to Request Lower Bail
`Matter Heard; Defendant's Motion to Request Lower Bail
`Journal Entry Details:
`Court stated this Motion was already heard and addressed in Justice Court and inquired as to
`why the Court should reconsider this Motion. Parties argued as to the Motion to Request
`Lower Bail. Mr. Palal requested a Source Hearing be ordered as well. Having reviewed the
`pleadings, COURT FINDS that proof is evident and presumption is great based upon all of the
`circumstantial evidence that has been reviewed; however, based upon the other factors set
`forth in NRS 178.4853, COURT FURTHER FINDS that bail is appropriate in this matter due
`to the Defendant having no other factors. Court noted its concerns in light of the information
`set forth in the State's Opposition. Court stated there is limited information as to other factors
`that may be relevant and noted those factors. COURT FINDS the State has met its burden by
`clear and convincing evidence that the Defendant is a risk of non appearance as well as the
`Defendant posing a risk of danger to the community for the reasons already set forth on the
`record. COURT ORDERED, bail SET at $250,000.00 with high level electronic monitoring;
`Defendant is to provide source information as to the source of the funds for bail; Defendant is
`to stay away from and have no direct or indirect contact with all associates of the H2O gang
`and any GPK members; Defendant is to remain in Clark County. CUSTODY;
`
`Motion (11:00 AM) (Judicial Officer: Silva, Cristina D.)
`06/28/2021, 07/12/2021, 07/23/2021, 07/26/2021
`Defendant's Motion to Conduct Source Hearing
`Matter Continued;
`Matter Continued; Defendant's Motion to Conduct Source Hearing
`Judge Silva in trial. Calendar being covered by Judge Leavitt.
`Matter Continued; Defendant's Motion to Conduct Source Hearing
`Granted; Defendant's Motion to Conduct Source Hearing
`Journal Entry Details:
`Kayla Joshua present. Mr. Leavitt informed the Court he has the Silver State School's Account
`on behalf of Kayla Joshua, and provided them to the Court for review. Upon Court's inquiry,
`Mr. Palal stated he believes the documents are what Mr. Leavitt reports them to be, which is
`the Statements that show the transfer from the witness Kayla Joshua, salary from employment.
`Mr. Palal stated when there was argument last week the witness was speaking about a second
`and third bank account she was drawing from, and requested the bank statements from the
`Wells Fargo account. Upon Court's inquiry, Ms. Joshua stated she can provide the records
`from Wells Fargo. COURT DIRECTED Ms. Joshua to provide the last three months of bank
`statements from Wells Fargo. MATTER TRAILED. MATTER RECALLED. All parties present
`as before. Deputy District Attorney Binu Palal not present. COURT STATED they have
`provided copies to the State and to the Defense regarding Ms. Joshua's bank account of Wells
`Fargo. COURT REMINDED Ms. Joshua she is still under oath. Kayla Joshua testified. Mr.
`Leavitt stated they have met their burden. COURT FINDS the Defendant has met their burden
`in establishing the source of the funds that will be posted for purposes of the bail, are from
`lawful sources, and the Court does not have indication or evidence before the court, that even
`by a preponderance the funds are illegally source funds and therefor Ms. Joshua can post the
`required amount in order to meet the bail, and the Defendant has to meet the other conditions
`set forth in the order. COURT ORDERED, Motion to Conduct Source Hearing GRANTED.
`COURT ADVISED they will make the bank funds as Defense's Exhibits and ORDERED all of
`the Defense Exhibits SEALED. CUSTODY 12/3/2021 1:30 P.M. CALENDAR CALL
`12/13/2021 9:30 A.M. JURY TRIAL;
`Matter Continued;
`Matter Continued; Defendant's Motion to Conduct Source Hearing
`Judge Silva in trial. Calendar being covered by Judge Leavitt.
`Matter Continued; Defendant's Motion to Conduct Source Hearing
`
`PAGE 9 OF 22
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`Printed on 04/17/2025 at 8:21 AM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. C-21-355642-2
`Granted; Defendant's Motion to Conduct Source Hearing
`Journal Entry Details:
`Kayla Joshua sworn and testified. (Exhibits present). Mr. Palal requested the other bank
`statements from the accounts that were listed during testimony. Mr. Leavitt stated his next
`witness is the Defendant's mother. Mr. Palal informed the Court Mr. Leavitt advised him of
`what the Defendant's mother would be testifying to, and the State would stipulate to her
`testimony. COURT SO NOTED. Mr. Leavitt stated the testimony that would be stipulated to
`was the Defendant's mother, once the Defendant was arrested, started selling dinners on H
`and Owens, and also created T-Shirts and Buttons that were sold, and has raised about
`$17,000.00, adding she has done so well she plans on getting a food truck and selling food
`over there full time. Mr. Leavitt stated Ms. Davis' money would be the difference between the
`money being submitted by Ms. Joshua. Mr. Palal stated he has Detective Cook ready to testify,
`and has Jail phone calls, that were provided to Mr. Leavitt, adding Ms. Joshua is not on the
`jail phone calls, however there are calls where Felicia Davis is taking with the Defendant
`about the jail process, adding the Defendant's brothers have money and they will provide the
`money to Ms. Joshua, adding it was fraudulent money, and Ms. Davis will act as it's her
`money. Mr. Palal stated there is another call from the Defendant to his mother, where they
`state they have the secured funds, however Ms. Davis is waiting on them from Mr. Cavier so
`she can provide it to Ms. Joshua. Mr. Palal further stated there is another phone call
`Defendant tells his child's mother, that his brother Adrian Cavier is planning on conducting a
`PPP Loan, and another person will charge him $4,000.00 to do it, however it would provide
`Mr. Cavier with funds to give to Ms. Joshua to front the money. Mr. Palal requested the jail
`calls be made an Exhibit. Mr. Leavitt stated objection. COURT SO ADMITTED. Mr. Leavitt
`argued everyone was doing everything they could to try and get money together on behalf of
`the Defendant, and he made sure that none of that money went through. COURT
`REQUESTED the documentation of the other bank accounts of Kayla Joshua, and ORDERED,
`Motion CONTINUED. COURT STATED for the record the name Sherman Cherry sounds
`familiar, however the Court does not believe they have personally prosecuted him, however
`that individual may have come through the U.S. Attorney's Office at some point, however that
`will not affect this Court's ability to be fair and impartial. Mr. Palal informed the Court Mr.
`Cherry is not a percipient witness in the substance of this case, however is just an ancillary to
`this situation. CUSTODY CONTINUED TO: 7/26/2021 11:00 A.M. 12/3/2021 1:30 P.M.
`CALENDAR CALL 12/13/2021 9:30 A.M. JURY TRIAL;
`Matter Continued;
`Matter Continued; Defendant's Motion to Conduct Source Hearing
`Judge Silva in trial. Calendar being covered by Judge Leavitt.
`Matter Continued; Defendant's Motion to Conduct Source Hearing
`Granted; Defendant's Motion to Conduct Source Hearing
`Journal Entry Details:
`Mr. Leavitt stated he just spoke with Mr. Palal who informed him he is missing a witness and
`requested the matter be continued. Ms. Palal indicated he was delayed in sending Mr. Leavitt
`the jail calls, and he thought this hearing was a status check, and he did not contact the
`Detective to be present today. COURT ORDERED, matter CONTINUED. CUSTODY
`CONTINUED TO: 7/12/2021 11:00 A.M. 12/3/2021 1:30 P.M. CALENDAR CALL 12/13/2021
`9:30 A.M. JURY TRIAL CLERK'S NOTE: This Minute Order was prepared by listening to the
`JAVs recording. (7-22-2021 ks);
`Matter Continued;
`Matter Continued; Defendant's Motion to Conduct Source Hearing
`Judge Silva in trial. Calendar being covered by Judge Leavitt.
`Matter Continued; Defendant's Motion to Conduct Source Hearing
`Granted; Defendant's Motion to Conduct Source Hearing
`Journa