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United States Court Cases

Nevada Supreme/Appellate Court Record

WOLF (GREGORY) VS. STATE

Case Information: 41457
Short Caption:WOLF (GREGORY) VS. STATECourt:Supreme Court
Related Case(s): 31528 , 33313 , 43103
Lower Court Case(s):Clark Co. - Eighth Judicial District - C141393Classification:Criminal Appeal - Life - Post-Conviction/Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:06/24/2004How Submitted:On Record

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/22/2003OtherDisqualification of Justice Leavitt.
05/22/2003Filing Fee Filing Fee Waived.
05/22/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 03-08737
12/30/2003Order/ProceduralFiled Order/Show Cause. It appears from the documents before this court that appellant filed a proper person post-conviction petition for a writ of habeas corpus on October 5, 2001. Ms. Christina Hinds was appointed to represent appellant in the post-conviction proceedings. This court directs Ms. Hinds within thirty days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. Ms. Hinds' response shall address whether the April 28, 2003 decision was a final decision on the October 5, 2001 habeas corpus petition. 03-21657
01/07/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 04/28/03. To Court Reporter: Sonia L. Riley. 04-00339
01/20/2004TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: April 28, 2003. Court Reporter: Sonia L. Riley.
02/13/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 04-02900
02/17/2004MotionFiled Motion to Extend Time. Motion for Enlargement of Time to Answer Order to Show Cause. 04-02959
03/12/2004Notice/OutgoingIssued Notice to Transmit Required Document. 3/1/04 Findings of Fact, Conclusions of Law and Order. Due Date: 10 days
03/22/2004Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on March 1, 2004. 04-05350
03/29/2004Order/ProceduralFiled Order. Granting Motion, Allowing Appeal to Proceed, and Directing Transmission of Record on Appeal. The documents before this court revealed that appellant filed a proper person post-conviction petition for a writ of habeas corpus on October 5, 2001, and the district court appointed attorney Cristina Hinds to represent appellant in the post-conviction proceedings below. Further, it appeared from the district court minute entries that the district court denied appellant's proper person petition in its "entirety" on April 28, 2003. It also appeared, however, that the district court continued the matter for a hearing on a supplement to the petition. Prior to the entry of a written order, appellant filed a second notice of appeal from the oral decision denying the supplement. That notice of appeal was subsequently docketed as part of the instant appeal. Thereafter, the district court entered a written order finally resolving appellant's post-conviction petition on March 1, 2004. Because it appeared that the post-conviction proceedings below might still be on going, this court directed Hinds to show cause why the appeal should not be dismissed as premature. Hinds has now submitted a response to that show cause order, along with a motion for an extension of time to file the response. The motion for an extension of time is granted. The clerk of this court shall file the response received on March 24, 2004. Having reviewed the response and the appended documents, this court concludes that this appeal may now proceed. The documents before this court do not indicate whether Ms. Hinds has been appointed to represent appellant in this appeal. Thus, until such time as counsel may enter an appearance in this court on appellant's behalf, this appeal will proceed as a proper person appeal. As such, this court's review of the complete record is warranted. The clerk of the district court shall have 120 days from the date of this order within which to transmit to the clerk of this court a certified copy of the complete trial court record of this appeal. See NRAP 11(a)(2) (the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings). fn5[The record shall not include any physical, non-documentary exhibits or the original documentary exhibits filed in the district court, but copies of documentary exhibits submitted in the district court proceedings shall be transmitted as part of the record on appeal. The record shall also include any presentence investigation reports submitted in this matter. The clerk of the district court shall transmit the reports to this court in a sealed envelope identifying the contents and marked confidential.] 04-05808
03/29/2004MotionFiled Response to Order to Show Cause. 04-05561
04/27/2004Order/ProceduralFiled Order. Order Administratively Closing Appeal in Docket No. 43103. On March 29, 2004, this court entered an order setting forth that appellant's appeal from the district court's March 1, 2004 order denying his post-conviction petition for a writ of habeas corpus was to proceed in Docket No. 41457. fn1[Two separate notices of appeal were filed and docketed in Docket No. 41457.] On April 7, 2003, this court received and filed a third notice of appeal from the March 1, 2004 order denying appellant's post-conviction petition for a writ of habeas corpus. This notice of appeal was docketed as a new matter in Docket No. 43103. Because appellant filed multiple notices of appeal, the clerk of this court inadvertently opened two separate cases. We direct the clerk of this court to administratively close Docket No. 43103 and transfer to Docket No. 41457 all documents received in Docket No. 43103. Nos. 43103/41457 - cases are not consolidated. 04-07747
04/27/2004OtherOther. 04/27/04 ORDER: NO. 43103 ADMINISTRATIVELY CLOSED. TRANSFERRED ORIGINAL PROPER PERSON DOCUMENTS FROM NO. 43103 TO NO. 41457. NOS 43103/41457 ? CASES ARE NOT CONSOLIDATED. 04-07-04 Filing Fee Waived: Criminal.clerk 7 04-07-04 Filed Certified Copy of proper person Notice of Appeal. Appeal docketed in the Supreme Court this day.clerk7 (04-06417) 04-07-04 Received Proper Person Motion. Motion to Proceed in Forma Pauperis on Appeal.clerk7 (04-06418) 04-07-04 Received Proper Person Motion. Motion for Appointment of Counsel on Apepal.clerk7 (04-06419) 04-21-04 Received Proper Person Notice. Notice of Intent to Proceed on Appeal in Pro Se. Nos. 41457/41303-cases not consolidated.clerk7 (04-07368) 04-23826
06/24/2004Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 6.
06/24/2004Case Status Update Submitted for Decision.
08/12/2004Order/ProceduralFiled Order. The record on appeal does not contain a transcript of the evidentiary hearing held on October 29, 2003. If the transcript has been prepared and filed with the district court, the clerk of the district court shall transmit, as a supplemental record on appeal, a certified copy of this transcript to the clerk of this court within 10 days from the date of this order. If the transcript has not been prepared and filed below, the district court shall order its prompt preparation. If such an order is required, the clerk of the district court shall have 15 days from the date of this order within which to transmit a copy of the district court's order to the clerk of this court. The clerk of the district court shall then have 10 days from the date the transcript is filed within which to transmit a certified copy of this transcript to the clerk of this court as a supplemental record on appeal. 04-14584
08/19/2004TranscriptFiled Transcript. Proceedings: October 29, 2003. Court Reporter: Sonia L. Riley.
09/22/2004Order/DispositionalFiled Order of Affirmance. We conclude that Wolf is not entitled to relief and that briefing and oral argument are unwarranted. "ORDER the judgment of the district court AFFIRMED." fn32[We have reviewed all documents that Wolf has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that Wolf has attempted to present claims or facts in those submissions that were not previously presented in the proceedings below, we have declined to consider them in the first instance.] SNP04D-RR/WM/MD "MISSING" 04-17520
10/19/2004RemittiturIssued Remittitur. 04-17638
10/19/2004Case Status Update Remittitur Issued/Case Closed.
10/27/2004RemittiturFiled Remittitur. Received by County Clerk on October 21, 2004. 04-17638