| Case Information: 43345 | |||
| Short Caption: | DAVIS (JAMES) VS. STATE | Court: | 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 - C197660 | Classification: | 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 | ||||
| Date | Type | Description | Pending? | Document |
| 05/20/2004 | Filing Fee | Filing Fee Waived. | ||
| 05/20/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 04-09429 | |
| 06/22/2004 | Order/Procedural | Filed 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 | |
| 07/30/2004 | Notice/Incoming | Filed 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 | |
| 07/30/2004 | Notice/Outgoing | Issued 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). | ||
| 08/16/2004 | Docketing Statement | Filed Docketing Statement. | 04-14757 | |
| 08/16/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 04/12/04 and 04/27/04. To Court Reporter: Dept. XVIII. | 04-14758 | |
| 10/18/2004 | Notice/Incoming | Filed Notice. Notice of Withdrawal as Counsel Withdrawal of Attorney. | 04-19267 | |
| 10/18/2004 | Notice/Incoming | Filed Notice. Notice of Withdrawal of Appeal. | 04-19268 | |
| 10/21/2004 | Order/Clerk's | Filed 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 | |
| 10/21/2004 | Notice/Outgoing | Issued Letter. to appellant James Davis, returning unfiled, the letter dated August 9, 2004. | ||
| 10/26/2004 | Notice/Incoming | Filed Proof of Service. for notice of withdrawal of appeal and a withdrawal of attorney. | 04-19759 | |
| 12/16/2004 | Order/Dispositional | Filed 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 | |
| 12/16/2004 | Case Status Update | Case Closed. No remittitur issued. | ||