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United States Court Cases

Nevada Supreme/Appellate Court Record

GONCE VS. STATE

Case Information: 38124
Short Caption:GONCE VS. STATECourt:Supreme Court
Related Case(s): 37718 , 38123 , 38159 , 38681 , 39162 , 40071 , 40707 , 41176 , 41303 , 41490 , 41942 , 42099 , 42105 , 42564 , 43454 , 43785 , 44152 , 44453 , 45201 , 46180 , 47498 , 48046 , 48134 , 65825 , 66275
Lower Court Case(s):Clark Co. - Eighth Judicial District - C158587Classification:Criminal Appeal - Fast Track - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/06/2001Filing Fee Filing Fee Waived.
07/06/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day (fast track notice mailed to all counsel). 01-11353
09/06/2001Order/ProceduralFiled Order. To date no fast track statement has been filed. Counsel for appellant shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 01-15054
11/02/2001Order/CounselFiled Order/Sanctions. On September 6, 2001, this court ordered appellant's counsel David Lee Phillips to file the fast track statement within 10 days of show cause why Mr. Phillips should not be sanctioned. Mr. Phillips has failed to respond to this court's order. We conclude that the imposition of a monetary sanction is appropriate. Mr. Phillips shall personally pay the sum of $500.00 to the Supreme Court Law Library within 20 days of the date of this order. Mr. Phillips shall file and serve the fast track statement within 10 days of this order or show cause why Mr. Phillips should not be sanctioned further. 01-18344
11/26/2001MotionFiled Motion to Extend Time. 01-19775
12/10/2001Order/ProceduralFiled Order Granting Motion. filed November 26, 2001. Counsel for appellant shall have 10 days to file and serve the fast track statements and appendices in these appeals. Nos. 38123-38124-cases are not consolidated. 01-20637
01/07/2002Order/ProceduralFiled Order. To date, no fast track statement has been filed. Mr. Phillips shall file and serve the fast track statement and appendix within 10 days of this order or show cause why Mr. Phillips should not be sanctioned. 02-00333
03/05/2002Order/CounselFiled Order/Sanctions. On January 7, 2002, this court ordered appellant's counsel David Lee Phillips to file the fast track statement within 10 days or show cause why Mr. Phillips should not be sanctioned. Mr. Phillips has failed to respond to this court's order. We conclude that the imposition of a monetary sanction is appropriate. Mr. Phillips shall personally pay the sum of $500.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Mr. Phillips shall file and serve the fast track statement (and appendix) within 10 days of this order or show cause why Mr. Phillips should not be sanctioned further. 02-03951
03/27/2002Notice/IncomingFiled Substitution of Attorneys. Richard A. Gonce, in proper person hereby substitutes in the place and stead of David Lee Phillips Esq., Attorney of Record. 02-05417
05/06/2002Order/CounselFiled Order/Sanctions. On March 27, 2002, Mr. Phillips submitted a substitutionof attorney purporting to substitute appellant in proper person. We construe the notice as a motion to withdraw. NRAP 3C provides that counsel in a fast track appeal may not withdraw without leave of this court. The motion to withdraw is therefore denied. Moreover, we note that Mr. Phillips has once again disregarded an order of this court by failing to file the fast track statement or show cause why he should not be sanctioned. Accordingly, Mr. Phillips shall pay $1,000 to the Supreme Court Law Library and provide the clerk of this court with proof of payment within 20 days of the date of this order. Further, Mr. Phillips shall file and serve the fast track statement and appendix within 10 days of the date of this order or show cause why he should not be sanctioned further, including referral to the State Bar of Nevada fro investigation and possible imposition of disciplinary measures. 02-07860
05/31/2002MotionFiled Motion to Extend Time. 02-09562
06/18/2002Order/ProceduralFiled Order Granting Motion. To date, no rough draft transcript requests have been filed. Counsel for appellant shall, within 10 days of this order, file a transcript request form. The motion for an extension of time filed on May 31, 2002, is granted. Counsel for appellant shall have 30 days from the date of this order to file and serve the fast track statement and appendix. Counsel for appellant is cautioned that no further extensions will be granted barring extreme and unforeseen circumstances. 02-10519
07/25/2002MotionFiled Motion. Motion for Leave of the Court to Withdrawal or Alternate to Dismiss Appeal. 02-12766
08/05/2002Notice/IncomingFiled Proof of Service. (Motion to Withdraw or Dismiss). 02-13344
10/31/2002Order/ProceduralFiled Order. Order Directing Attorneys David Lee Phillips and Alan R. Harter to Appear and Show Cause. David Lee Phillips is counsel of record in Docket No. 38123 and Docket No. 38124. We conclude that Phillips' dilatory actions and neglect of his obligations to this court and his clients require his removal as counsel of record. Because appellants should be represented by counsel, we remand these appeals to the district court for a determination of whether appellants are indigent. If appellants are indigent, it shall appoint new counsel to represent appellants in these appeals within 30 days of the date of this order. If not indigent, the district court shall forthwith inform appellants of its determination. Appellants shall have 30 days from the date of the determination that they are not indigent to secure new counsel and have counsel enter an appearance with this court. The clerk of the district court shall promptly file with the clerk of this court either (1) a copy of the written order of appointment of counsel, or of the minute order reflecting the date of appointment and the individual attorney appointed; or (2) a copy of the written or minute order determining that appellant is not indigent. If counsel is appointed, the clerk of the district court shall serve a copy of this order on the attorney appointed to represent appellant in this matter and provide proof of such service to the clerk of this court. Thereafter, counsel shall have 10 days to file a notice of appearance in this court. Counsel shall, within 10 days of the date of appointment file transcript request forms or certificate that no transcripts are required, and shall file the fast track statements and appendices within 60 days of appointment. Thereafter, these appeals shall proceed in accordance with the provisions of NRAP 3. Alan R. Harter is counsel in Docket No. 39697. To date, Harter has failed to comply with this court's order of August 29, 2002. In the interest of expediting the briefing in this appeal, previously-appointed appellate counsel Robert M. Draskovich shall have 10 days from the date of this order to file a rough draft transcript request form or a certificate that no transcript is required and shall have 40 days from the date of this order to file a fast track statement and appendix. We direct Phillips and Harter to appear personally before this court on November 13, 2002, at 11:30 a.m., in Carson City following the conclusion of the oral arguments scheduled on that date. Phillips and Harter shall be prepared to show cause why each should not be held in contempt and suspended immediately from the practice of law. Any evidence which Phillips or Harter desire to present on their behalf shall be filed in affidavit form on or before November 8, 2002. Nos. 38123/38124/39697-cases are not consolidated. 02-18738
11/08/2002Order/ProceduralFiled Order. Vacating Directive to Appear and Show Cause. On October 31, 2002, this court directed attorneys David Lee Phillips and Alan R. Harter to appear personally before this court on November 13, 2002, and to show cause why they should not be held in contempt and suspended immediately from the practice of law. Pending further order of this court, we hereby vacate the directive that Phillips and Harter appear and show cause on November 13. The remainder of our October 31 order remains in effect. Nos. 38123/38124/39697-cases are not consolidated. 02-19326
11/13/2002Notice/IncomingFiled Affidavit. Affidavit of David Lee Phillips in Response to Order to Appear and Show Cause. Nos. 38123, 38124 and 39697. (02-19474)
11/13/2002Notice/IncomingFiled Affidavit. Affidavit of James P. Bulah in Support of David Lee Phillips, Esq., Response to Order to Appear and Show Cause. Nos. 38123, 38124 and 39697. (02-19478)
11/25/2002Notice/IncomingFiled Proof of Payment of Sanction. David Lee Phillips - cashier's check no. 24215902 in the amount of $1,000.00 02-20294
12/06/2002Notice/IncomingFiled Proof of Payment of Sanction. David Lee Phillips - cashers check #242159156 in the amount of $500.00. 02-20928
12/06/2002Notice/IncomingFiled Proof of Payment of Sanction. David Lee Phillips - cashier's check #242159155 in the amount of $500.00. 02-20929
01/17/2003Order/CounselFiled Order/Remand for Designation of Counsel. The district court has apparently not entered an order as directed by this court on October 31, 2002. The district court is again directed to determine whether appellant is indigent. If appellant is indigent, the district court shall have 30 days to appoint counsel. Otherwise, the 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. fn2[All filing deadlines set forth in NRAP 3C shall commence to run from the date on which counsel is required, under this order, to enter an appearance with this court.] 03-00959
02/06/2003Order/IncomingFiled District Court Order. Certified copy of Notice of Appointment of Counsel filed in district court on: January 31, 2003. David Schieck as counsel for appellant. 03-02153
02/10/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: David M. Schieck. 03-02355
02/26/2003Order/CounselFiled Order/Sanctions. Order Removing David Lee Phillips as Counsel of Record and Referring Counsel to the State Bar of Nevada. We refer Phillips to the State Bar of Nevada for commencement of disciplinary proceedings to determine whether his performance in these matters complies with the Nevada Rules of Professional Conduct. Bar counsel shall have 90 days from the date of this order within which to inform this court of the status or results of the investigation and the disciplinary proceedings. This court shall review bar counsel's report to ensure that the discipline imposed is appropriate and sufficient.Docket Nos. 38123/ 38124 /39243 /40068 /40249 /40540 (not consolidated). 03-03162
02/26/2003Notice/OutgoingIssued Letter. to State Bar re: Order Removing Phillips and Referring Counsel to State Bar entered this day; certified copies of all documents in correspondence file sent to State Bar.
03/17/2003MotionFiled Motion to Extend Time. Motion for Extension of Time to File Appellant's Fast Track Statement. 03-04461
03/26/2003Order/ProceduralFiled Order Granting Motion. filed March 17, 2003. Appellant shall have to and including April 25, 2003, to file and serve the fast track statement and appendix. 03-05089
04/28/2003Fast Track BriefFiled Fast Track Statement. 03-07191
04/28/2003AppendixFiled Appendix to Fast Track Statement. 03-07192
05/06/2003Transcript RequestFiled Request for Rough Draft Transcript(s). (Respondent's) Amended Request for Rough Draft Transcript. Transcripts requested: 08/31/99 and 05/29/01. Court Reporter: Shirlee Prawalsky. Filed in district court on: 05/02/03. 03-07713
05/07/2003TranscriptFiled Transcript. Proceedings: August 31, 1999 and May 29, 2001. Court Reporters: Shirlee Prawalsky and Debra Van Blaricom. 03-07778
05/16/2003Fast Track BriefFiled Fast Track Response. 03-08393
05/16/2003AppendixFiled Appendix to Fast Track Response. 03-08394
05/27/2003Notice/IncomingFiled Status Report. Final Status Report from State Bar of Nevada re attorney David Lee Phillips. NOTE: This original document was placed in attorney Phillip's bar file. No copy was placed in the correspondence file for these cases. Nos. 38123, 38124, 39243, 40068, 40249, 40540.
09/19/2003Order/DispositionalFiled Order of Affirmance. For the reasons stated in the attached order of the district court, we "ORDER the judgment of the district court AFFIRMED." NNP04S-NB/MS/MG 03-15660
10/14/2003RemittiturIssued Remittitur. 03-15894
10/14/2003Case Status Update Remittitur Issued/Case Closed.
10/27/2003RemittiturFiled Remittitur. Received by County Clerk on October 16, 2003. 03-15894