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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 43345
Short Caption:DAVIS (JAMES) VS. STATECourt:Supreme Court
Related Case(s): 43563 , 45330 , 47812 , 54109 , 54696 , 61316 , 63864 , 64959 , 65689 , 68935 , 68935-COA , 69057
Lower Court Case(s):Clark Co. - Eighth Judicial District - C197660Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
05/20/2004Filing Fee Filing Fee Waived.
05/20/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 04-09429
06/22/2004Order/ProceduralFiled Order/Temporary Remand. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. The district court shall have 30 days from the date of this order to appoint counsel for appellant. Within 5 days from the date of appointment, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order appointing appellante counsel. 04-11323
07/30/2004Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on July 27, 2004 enclosing a copy of minute order. Marvin Longabaugh is appointed as counsel for appellant. 04-13927
07/30/2004Notice/OutgoingIssued Notice to Appointed Counsel. Docketing statement due: 15 days. Request for transcripts: 15 days. Opening brief: 120 days (mailed docketing statement to counsel for appellant).
08/16/2004Docketing StatementFiled Docketing Statement. 04-14757
08/16/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 04/12/04 and 04/27/04. To Court Reporter: Dept. XVIII. 04-14758
10/18/2004Notice/IncomingFiled Notice. Notice of Withdrawal as Counsel Withdrawal of Attorney. 04-19267
10/18/2004Notice/IncomingFiled Notice. Notice of Withdrawal of Appeal. 04-19268
10/21/2004Order/Clerk'sFiled Clerk's Order. On October 18, 2004, counsel for appellant filed a notice of withdrawal of appeal and a withdrawal of attorney. Neither document was served on appellant. Counsel for appellant shall serve a copy of these two documents on appellant and file proof of such service with this court within 5 days from the date of this order. 04-19482
10/21/2004Notice/OutgoingIssued Letter. to appellant James Davis, returning unfiled, the letter dated August 9, 2004.
10/26/2004Notice/IncomingFiled Proof of Service. for notice of withdrawal of appeal and a withdrawal of attorney. 04-19759
12/16/2004Order/DispositionalFiled Voluntary Dismissal. Order Dismissing Appeal and Removing Counsel of Record. Appellant has moved for a voluntary dismissal of this appeal. Appellant consents to a voluntary dismissal. Cause appearing, appellant's motion for a voluntary dismissal is granted and ' . . . this appeal is dismissed.' NRAP 42(b). fn1[Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order. We also note that appellant filed a request for transcripts on August 16, 2004. Those transcripts were due on September 15, 2004, but the court reporter has not yet filed a certificate acknowledging delivery of the completed transcripts and a certified copy of the transcripts. With the dismissal of this appeal, the court reporter is no longer obligated to comply with NRAP 9.] Counsel for appellant, attorney Marvin L. Longabaugh, also has filed a 'Withdrawal of Attorney' pursuant to SCR 46. Because no remittitur will issue in this matter, see NRAP 42(b), this order dismissing appeal constitutes this court's final determination of this appeal. Consistent with the notice of withdrawal submitted by Mr. Longabaugh, the clerk shall remove Mr. Longabaugh as counsel of record for appellant. SNP04D-RR/WM/MD 04-22922
12/16/2004Case Status Update Case Closed. No remittitur issued.