| 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. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 03-04072
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| 03/11/2003 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
| 07/09/2003 | Order/Procedural | Filed Order. On March 11, 2003, this court issued a notice directing appellant to file a case appeal statement. To date, appellant has failed to comply with this court's notice. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement. To date appellant has failed to file the docketing statement. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement. Finally, appellant shall, within 10 days from the date of this order, file the appropriate document pursuant to NRAP 9. We caution counsel for appellant that failure to comply timely with this order may result in the imposition of sanctions. | | 03-11500
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| 10/24/2003 | Order/Counsel | Filed Order/Sanctions. To date, appellant has failed to comply with the July 9, 2003, order or otherwise communicate with this court. Further, we note that appellant was required to file the opening brief and appendix by July 9, 2003. To date, appellant has also failed to file the opening brief and appendix. We conclude that attorney Paul W. Drakulich's dilatory actions in prosecuting this appeal warrant the imposition of sanctions. Mr. Drakulich shall have 15 days from the date of this order to personally pay the sum of $500.00 to the Supreme Court Law Library. Within that same time period, Mr. Drakulich shall file with this court proof of payment of the sanction. Appellant shall have 20 days from the date of this order to: (1) file a case appeal statement with the district court and file 2 certified copies of the case appeal statement with this court, (2) comply with NRAP 9(a), (3) file and serve the docketing statement and (4) file and serve the opening brief and appendix. We caution appellant's counsel that failure to comply with this order in a timely manner may result in the imposition of additional sanctions. | | 03-17755
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| 02/12/2004 | Order/Counsel | Filed Order/Sanctions. To date, Mr. Drakulich has failed to comply with NRAP 9(a); failed to file the case appeal statement, docketing statement and opening brief and appendix; failed to pay the $500.00 sanction and file proof of payment of the sanction; and failed to otherwise respond to this court's July 9, 2003, or October 24, 2003, orders. We conclude that the imposition of an additional $500.00 sanction is warranted. Accordingly, Mr. Drakulich shall have 15 days from the date of this order to personally pay the sum of $1,000.00 to the Supreme Court Law Library. Within the same time period, Mr. Drakulich shall file proof of payment with the clerk of this court. Mr. Drakulich shall have 15 days from the date of this order to comply with NRAP 9(a) and file and serve the case appeal statement, docketing statement and opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We caution Mr. Drakulich that failure to comply with this order or failure to communicate with this court regarding that status of this appeal may result in his removal as counsel of record for appellant and his referral to the State Bar for investigation. Fn1 [This amount includes the $500.00 sanction imposed on October 24, 2003.] | | 04-02757
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| 02/20/2004 | Notice/Incoming | Filed Proof of Payment of Sanction. Paul Drakulich - cashier's check no. 639478341 in the amount of $1,000.00. | | 04-03357
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| 05/05/2004 | Order/Procedural | Filed Order. To date, Mr. Drakulich has failed to file the case appeal statement, docketing statement, transcript request form, opening brief and appendix; and failed to communicate with this court regarding the status of this appeal. We conclude that Mr. Drakulich's dilatory conduct in prosecuting this appeal warrants his removal as counsel for appellant. The clerk shall remove Mr. Drakulich as counsel of record for appellant. Further, we refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days from the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. We remand this appeal to the district court for the appointment of new counsel for appellant. The district court shall have 30 days from the date of this order to appoint new counsel for appellant. Within 5 days from the appointment of counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court. | | 04-08242
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| 05/13/2004 | Notice/Incoming | Filed Notice of Appointment of Counsel. Carl Joerger is appointed to represent Robert Paul Spangler. | | 04-08978
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| 05/17/2004 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Carl M. Joerger. (Docketing Statement mailed to counsel for appellant.) | | 04-09156
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| 05/19/2004 | Notice/Outgoing | Issued Notice to Appointed Counsel. Case Appeal Statement due: 15 days. Docketing Statement: 15 days. Request for transcripts: 15 days. Opening brief: 120 days | | |
| 06/04/2004 | Transcript | Filed Transcript. Proceedings: June 9, 1998. Court Reporter: Jeanie Wright. | | 04-10290
|
| 06/04/2004 | Letter/Incoming | Filed Letter. addressed to Mr. Joerger from Court Reporter Jeanie Wright regarding requested transcripts. | | 04-10292
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| 07/01/2004 | Notice/Incoming | Filed Status Report. Status Report from State Bar of Nevada re attorney Paul W. Drakulich. NOTE: This original document was placed in attorney Drakulich's bar file. No copy was placed in the correspondence file for this case. Nos. 41064, 41093 and 42658 (not consolidated) | | |
| 08/31/2004 | Order/Procedural | Filed Order. to File Case Appeal Statement and docketing Statement and to Request Transcritps. To date, appellant has failed to comply with this court's notice of May 19, 2004. Appellant shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement. Appellant shall also, within 10 days from the date of this order, file and serve the docketing statement. Appellant has failed to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve the appropriate document. | | 04-15808
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| 09/20/2004 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: Preliminary Hearing, Trial, and Sentencing. To Court Reporter: Jeannie Wright. Filed in district court on: 05/27/04. | | 04-17417
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| 09/20/2004 | Docketing Statement | Filed Docketing Statement. | | 04-17422
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| 09/20/2004 | Notice of Appeal Documents | Filed Case Appeal Statement. Not filed in district court. | | 04-17424
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| 09/30/2004 | Order/Procedural | Filed Order. to file Opening Brief. To date, appellant has failed to file the opening brief and appendix. Appellant shall have 10 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). | | 04-18132
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| 10/14/2004 | Motion | Filed Motion to Extend Time. | | 04-19102
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| 10/27/2004 | Order/Procedural | Filed Order Granting Motion. for extension of time and denying request to be sanctioned. On October 14, 2004, Mr. Joerger filed a motion requesting a 45-day extension of time to file the opening brief and appendix. Mr. Joerger states that he feels a "monetary sanction is warranted" for his delay of this appeal. Because this court prefers to decide cases on their merits, we grant appellant's unpposed motion for an extension of time. Appellant shall have until November 23, 2004, to file and serve the opening brief and appendix. We conclude that counsel's inadvertent error does not warrant the imposition of sanctions at this time. We decline Mr. Joerger's request to be sanctioned. Failure to timely comply with this order may result in the imposition of sanctions. | | 04-19833
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| 11/18/2004 | Transcript | Filed Transcript. Proceedings: November 5, 2001. Court Reporter: Jeanne Wright. | | 04-21326
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| 11/24/2004 | Brief | Filed Opening Brief. | | 04-21586
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| 11/24/2004 | Appendix | Filed Appendix to Opening Brief. | | 04-21587
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| 02/25/2005 | Order/Procedural | Filed Order. to file Answering Brief. To date, respondent has failed to file the answering brief. Respondent shall, within 15 days from the date of this order, file and serve the answering brief. Appellant may file a reply brief, if deemed necessary, within 30 days from service of the answering brief. | | 05-03820
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| 03/11/2005 | Notice/Incoming | Filed Status Report. Investigative Report from State Bar of Nevada re attorney Paul W. Drakulich. NOTE: This original document was placed in attorney Drakulich's bar file. No copy was placed in the correspondence file for these cases. Nos. 41093, 41064, 42658. | | |
| 03/16/2005 | Brief | Filed Answering Brief. | | 05-05180
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| 03/16/2005 | Appendix | Filed Appendix to Answering Brief. | | 05-05183
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| 05/03/2005 | Case Status Update | Submitted for Decision. No reply brief filed. | | |
| 06/01/2005 | Notice/Outgoing | Issued Letter. to Nye County Clerk requesting transcripts of 7/8/97 and 3/16/98. | | 05-10738
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| 06/09/2005 | Transcript | Filed Transcript. Proceedings: 06/27/97; 03/16/98; 03/17/98; 03/18/98; 03/19/98; and 03/20/98. Court Reporters: Dina Dalton and Jeanie Wright. | | 05-11385
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| 07/13/2005 | Motion | Filed Motion. Motion to Withdraw as Attorney of Record Memorandum of Points and Authorities, and Affidavit of Counsel. | | 05-13952
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| 08/16/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP | | 05-16251
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| 08/22/2005 | Notice/Incoming | Filed Proof of Service. Order Denying Petition and the Order of Affirmance. | | 05-16633
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| 08/24/2005 | Order/Procedural | Filed Order Denying Motion. On August 16, 2005, this court entered an order affirming the district court's order denying Spangler's petition. This court's order neglected to address two pending motions. Nonetheless, this court has reviewed the motions and has concluded that no relief is warranted. | | 05-16724
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| 09/13/2005 | Remittitur | Issued Remittitur. | | 05-16416
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| 09/13/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 09/15/2005 | Notice/Incoming | Filed Notice. Withdrawal as Attorney of Record. | | 05-18369
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| 09/21/2005 | Remittitur | Filed Remittitur. Received by County Clerk on September 15, 2005. | | 05-16416
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