| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/11/2003 | Filing Fee | Filing Fee Waived. | | |
| 03/11/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) | | 03-04075
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| 03/11/2003 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 03/19/2003 | Notice of Appeal Documents | Filed Case Appeal Statement. Copy filed in district court on 3/12/03. | | 03-04664
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| 03/24/2003 | Notice/Incoming | Filed Notice. Notice from Lisa Makowski that appellant is not able to pay for the transcripts, so none have been prepared. | | 03-04975
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| 04/22/2003 | Notice/Incoming | Filed Substitution of Attorneys. David Lee Phillips in place of Liborius Agwara as counsel for appellant. | | 03-06868
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| 06/09/2003 | Order/Procedural | Filed Order/Briefing Schedule. Order Directing Full Briefing and Substituting Counsel for Appellant. Although this appeal was docketed in this court as a fast track appeal, this court has now concluded that full briefing is warranted. This appeal shall hereafter proceed in accordance with the rules of appellate procedure governing criminal appeals that are not subject to NRAP 3C. fn1[We suspend the requirement in NRAP 14 regarding the filing of the docketing statement. We caution appellant's new counsel David Lee Phillips that he must fully comply with this court's remaining rules governing the litigation of criminal appeals.] Appellant's retained counsel, attorney Liborius Agwara, has filed a document in this court purporting to substitute attorney David Lee Phillips as appellate counsel in the place and stead of Agwara. The motion is granted. Attorney David Lee Phillips shall hereafter proceed as sole counsel of record for appellant in this matter. Attorney Phillips shall have 10 days from the date of this order to file and serve on the court reporter and all parties a transcript request form pursuant to NRAP 9(a) or notify this court within that same period that no transcripts are necessary. fn3[On March 24, 2003, this court received and filed a notice from the court reporter notifying this court that appellant is unable to pay for the transcripts, and therefore, none have been prepared. If appellant is indigent, attorney Phillips may request the district court to permit appellant to proceed in forma pauperis. Otherwise, appellant must pay the cost of the preparation of any transcripts needed in this appeal.] Attorney Phillips shall have to and including August 4, 2003, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-09533
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| 06/09/2003 | Letter/Incoming | Filed Letter. from David Lee Phillips informing the court of the status of this appeal. | | 03-09577
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| 06/20/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 12/11/02, 12/16/02, 12/17/02, 12/18/02, and 12/19/02. To Court Reporter: Mary Beth Cook and Lisa Makowski. | | 03-10329
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| 07/07/2003 | Notice/Incoming | Filed Notice. Notice from Lisa Makowski that appellant is not able to pay for the transcripts, so none have been prepared. | | 03-11331
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| 07/08/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Amended Request for Transcript of Proceedings. Transcripts requested: 12/11/02, 12/16/02, 12/17/02, 12/18/02, and 12/19/02. To Court Reporter: Mary Beth Cook and Lisa Makowski. | | 03-11371
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| 08/11/2003 | Motion | Filed Motion. Motion for Bond Pending Appeal. | | 03-13355
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| 10/15/2003 | Order/Procedural | Filed Order Denying Motion. for Bail and directing counsel to file Opening Brief and Appendix. On August 11, 2003, appellant filed a motion in this court seeking bail pending appeal. We conclude that appellant has failed to demonstrate that this court should exercise its independent judgment and depart from the district court's decisions. Accordingly, we deny the motion for bail pending appeal. On June 9, 2003, this court entered an order substituting attorney David Lee Phillips as new counsel for appellant. fm2[Phillips requested preparation of specified transcripts on June 20, 2003. On July 7, 2003, however, this court received and filed a second notice from the court reporter stating that appellant is unable to pay the costs of the transcripts and that, therefore, none have been prepared. We again note that if appellant is indigent, attorney Phillips may move the district court to permit appellant to proceed in forma pauperis; otherwise, appellant must pay the costs of any transcripts necessary for this appeal.] To date, Phillips has not complied with this court's order, and the opening brief and appendix are over two months overdue. This court is not unfamiliar with Mr. Phillips' history of dilatory conduct and failure to communicate to this court the reasons for the delay in his prosecution of criminal appeals. We caution Phillips that his continued failure to abide by and respect this court's rules and orders may have severe consequences. Attorney Phillips shall have to and including October 24, 2003, to file and serve the opening brief and appendix or show cause why he should not be held in contempt of this court. | | 03-17102
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| 10/23/2003 | Motion | Filed Motion. Motion for Leave for Reconsideration of Bail and Response to Order Directing Counsel to File an Opening Brief and Appendix. | | 03-17694
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| 10/27/2003 | Notice/Incoming | Filed Proof of Service. Motion for Leave for Reconsideration of Bail and Response to Order Directing Counsel to File an Opening Brief and Appendix. | | 03-17893
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| 10/29/2003 | Letter/Incoming | Filed Letter. from Court Reporter Lisa Makowski regarding preparing transcripts in this matter. | | 03-18060
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| 11/03/2003 | Transcript | Filed Transcript. Proceedings: December 11, 2002. Court Reporter: Mary Beth Cook. | | 03-18308
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| 11/07/2003 | Order/Procedural | Filed Order Denying Motion. to Reconsider Bail Pending Appeal and Granting Extension of Time. Appellant has moved for reconsideration of this court's order of October 15, 2003, denying his motion for bail pending appeal. We conclude reconsideration of our prior order is not warranted. We deny the motion for reconsideration. We grant the motion of appellant for an extension of time to file the opening brief and appendix. Appellant shall have to and including December 4, 2003, to file and serve the opening brief and appendix. | | 03-18659
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| 11/24/2003 | Transcript | Filed Transcript. Proceedings: 11/19/02 (a.m.); 11/19/02 (p.m.); 12/16/02; 12/17/02; 12/18/02. Court Reporter: Lisa Makowski. | | 03-19612
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| 12/04/2003 | Motion | Filed Motion to Extend Time. Defendant's Second Motion for Enlargement of Time to File Opening Brief and Appendix. Defendant's Counsel has not received Trial Transcripts to Prepare the Opening Brief and Appendix. | | 03-20173
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| 12/09/2003 | Notice/Incoming | Filed Affidavit. Supplemental Affidavit of David Lee Phillips and Josefina Garcia in Support of Enlargement of Time to Prepare Opening Brief and Transcript. | | 03-20489
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| 12/16/2003 | Order/Procedural | Filed Order Granting Motion. filed December 4, 2003. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-20887
|
| 01/20/2004 | Brief | Filed Opening Brief. STRICKEN BY ORDER 03/25/04. | | |
| 01/20/2004 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2.
VOLUME 1 OF APPENDIX TO OPENING BRIEF STRICKEN BY ORDER 03/25/04. | | 04-01134
|
| 02/17/2004 | Appendix | Filed Appendix to Opening Brief. Volume III (Sentencing Transcripts). | | 04-03033
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| 02/23/2004 | Motion | Filed Motion to Strike. Motion to Strike Appellant's Opening Brief and Appendix. | | 04-03367
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| 03/03/2004 | Motion | Filed Response to Motion. Appellant's Motion in Opposition to Respondent's Motion to Strike Opening Brief and Appendix. | | 04-04021
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| 03/03/2004 | Brief | Filed Amended Brief. Appellant's Amended Opening Brief. | | 04-04030
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| 03/03/2004 | Appendix | Filed Appendix. Appellant's Amended Appendix. | | 04-04032
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| 03/08/2004 | Other | Other. Received Index to Amended Appendix filed on 03/03/04. Attached to inside front cover of appendix. | | |
| 03/25/2004 | Order/Procedural | Filed Order Granting Motion. to Strike in Part. Respondent has moved to strike the opening brief and appendix filed on January 20, 2004, asserting that they are procedurally deficient. Appellant opposes the motion. We grant respondent's motion to strike, in part, and direct the clerk to strike the opening brief and volume 1 of the appendix filed on January 20, 2004. When taking this appeal under consideration, this court will consider volume 2 of the appendix filed on January 20, 2004; volume 3 of the appendix filed on February 17, 2004; and the amended opening brief and amended volume 1 of the appendix filed on March 3, 2004. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-05576
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| 04/28/2004 | Brief | Filed Answering Brief. | | 04-07826
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| 04/28/2004 | Appendix | Filed Appendix to Answering Brief. | | 04-07827
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| 06/11/2004 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 02/02/2005 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). | | 05-02144
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| 02/02/2005 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP05-RR/MG/JH | | |
| 03/17/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." SNP05-RR/MG/JH | | 05-05265
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| 04/12/2005 | Remittitur | Issued Remittitur. | | 05-05321
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| 04/12/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/18/2005 | Remittitur | Filed Remittitur. Received by County Clerk on April 14, 2005. | | 05-05321
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