| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 03/13/2003 | Filing Fee | Filing Fee Waived. | | |
| 03/13/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 03-04248
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| 04/02/2003 | Order/Counsel | Filed Order/Remand for Designation of Counsel. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, district court shall have 30 days to appoint counsel. Otherwise, district court shall order that within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. District court clerk: 5 days to transmit district court order to this court and serve a copy of this order of remand on appellant's counsel. Counsel: 10 days to enter appearance. fn1[All filing deadlines, including those set forth in NRAP 9, 14, and 31(a)(1), shall run from the date on which counsel enters an appearance with this court.] | | 03-05521
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| 04/10/2003 | Order/Incoming | Filed District Court Order. Filed certified copy of order filed in district court on April 7, 2003 appointing Charles C. Diaz as counsel for appellant. | | 03-06062
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| 05/12/2003 | Order/Procedural | Filed Order. To date, attorney Charles C. Diaz has not filed a notice of appearance. Mr. Diaz shall file a notice of appearance within 15 days from this order, file and serve the docketing statement and either a transcript request form or a certificate indicating that no transcripts are requested. Appellant shall have 120 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). (Docketing statement mailed to counsel for appellant.) | | 03-07992
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| 06/30/2003 | Docketing Statement | Received Docketing Statement. | | 03-11035
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| 07/01/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Charles C. Diaz. | | 03-11032
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| 07/01/2003 | Motion | Filed Motion to Extend Time. | | 03-11034
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| 07/09/2003 | Notice/Incoming | Filed Proof of Service. for Notice of Appearance filed on 07/01/03. | | 03-11555
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| 07/28/2003 | Transcript | Filed Transcript. Proceedings: December 5, 2002. Court Reporter: Debbie Vieira. | | 03-12694
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| 08/05/2003 | Order/Procedural | Filed Order Granting Motion. filed July 1, 2003. The clerk of this court shall file the docketing statement and the transcript request form received on July 1, 2003. | | 03-13147
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| 08/05/2003 | Docketing Statement | Filed Docketing Statement. | | 03-11035
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| 08/05/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 12/5/02; 12/6/02; and 2/13/03. To Court Reporter: D. Vieira. | | 03-11036
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| 09/08/2003 | Brief | Filed Opening Brief. | | 03-15015
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| 09/08/2003 | Appendix | Filed Appendix to Opening Brief. | | 03-15016
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| 10/09/2003 | Motion | Filed Stipulation and Order. Brief due: November 7, 2003. | | 03-16842
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| 10/17/2003 | Motion | Filed Motion to Dismiss Appeal. | | 03-17337
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| 10/24/2003 | Order/Procedural | Filed Order. Regarding Transcripts. Appellant's transcript request form was filed on August 5, 2003. Appellant specifically requested court reporter Debbie Vieira to prepare and file the transcripts for proceedings conducted on December 5, 2002; December 6, 2002; and February 13, 2003. To date, Ms. Vierra has failed to file the transcripts for proceedings conducted on December 6, 2002; and February 13, 2003. We note, however, that these transcripts were included in appellant's appendix. We additionally note that because these transcripts had not been filed in the district court prior to the docketing of this appeal, their inclusion in the appendix was improper. Despite this procedural deficiency, in the interest of judicial economy we waive the requirements of NRAP 9(a), 10(b) and 30(b)(1). Accordingly, Ms. Vieira is no longer obligated to file with this court certified transcripts for proceedings conducted on December 6, 2002, and February 13, 3003. | | 03-17770
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| 10/27/2003 | Order/Procedural | Filed Order. To date court reporter Debbie Vieira has failed to file the transcripts for proceedings conducted on December 6, 2002, and February 13, 2003. We note that these transcripts were included in appellant's appendix. Because these transcripts had not been filed in the district court prior to the docketing of this appeal, their inclusion in the appendix was improper. In the interest of judicial economy we waive the requirements of NRAP 9(a), 10(b) and 30(b)(1). Ms. Vieira is no longer obligated to file with this court certified transcripts for proceedings conducted on December 6, 2002, and February 13, 2003. | | 03-17868
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| 11/10/2003 | Motion | Filed Motion to Extend Time. | | 03-18790
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| 02/11/2004 | Order/Procedural | Filed Order Resolving Motion or Stipulation. The State has filed a motion to dismiss this appeal. Appellant opposes the motion. fn1[Appellant submitted a 'reply brief' in opposition to the State's motion to dismiss. The opposition is improperly entitled a 'reply brief' and is untimely. Appellant has not moved this court for permission to file an untimely opposition. In the interest of judicial economy, the clerk of this court shall file the opposition and shall correct the title of that document to reflect that it is in fact appellant's opposition to the State's motion to dismiss.] Contrary to appellant's assertion, the Nevada Rules of Appellate Procedure clearly entitle the State to file a motion to dismiss, and this court has repeatedly recognized, entertained, and resolved such motions. We have concluded that the questions raised should be considered and resolved after full briefing and after review of the record submitted by the parties. We deny the motion to dismiss. The State shall have 30 days from the date of this order to file and serve its answering brief and any additional appendix it may elect to submit. fn4[We deny as moot the State's motion for an extension of time to file the answering brief.] The State may reassert in its brief the grounds for dismissal that are urged in the instant motion. Appellant shall file and serve the reply brief within 30 days of service of the State's answering brief. | | 04-02675
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| 02/11/2004 | Motion | Filed Response to Motion. Appellant's opposition to the State's motion to dismiss. | | 03-19064
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| 03/11/2004 | Brief | Filed Answering Brief. | | 04-04599
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| 04/14/2004 | Brief | Filed Reply Brief. | | 04-06915
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| 05/18/2004 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. | | 04-09229
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| 05/18/2004 | Case Status Update | Submitted for Decision. | | |
| 06/04/2004 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04S-MS/RR/MD | | 04-10253
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| 06/29/2004 | Remittitur | Issued Remittitur. | | 04-10402
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| 06/29/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 08/03/2004 | Remittitur | Filed Remittitur. Received by County Clerk on June 30, 2004. | | 04-10402
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