| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 04/24/2003 | Filing Fee | Filing Fee Waived. | | |
| 04/24/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | | 03-07007
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| 04/29/2003 | Notice/Outgoing | Issued Notice to Transmit Required Document. Judgment of Conviction filed on 4/23/03. Due Date: 10 days | | |
| 05/02/2003 | Order/Procedural | Filed Order/Briefing Schedule. Because it appeared this matter was subject to NRAP 3C, this court mailed the fast track notice to counsel for appellant. Upon further review, we conclude that this appeal is not a fast track appeal. Appellant shall, within 15 days from the date of this order, file and serve the docketing statement and transcript request form or a certificate indicating that no transcripts are requested and shall have 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn1[The clerk of this court shall mail the docketing statement to counsel for appellant.] (Docketing statement mailed to counsel for appellant.) | | 03-07429
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| 05/05/2003 | Notice of Appeal Documents | Filed District Court Order/Judgment. Certified copy of judgment of conviction filed in district court on 4/23/03. | | 03-07564
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| 06/19/2003 | Order/Procedural | Filed Order. On May 2, 2003, this court entered an order that directed appellant to file, by May 19, 2003, a docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. To date appellant has failed to file these documents. Appellant shall, within 10 days from the date of this order, file and serve the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. Failure to comply timely with this order may result in the imposition of sanctions against counsel for appellant. | | 03-10260
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| 07/09/2003 | Notice/Incoming | Filed Notice of Appearance. William J. Taylor appointed to represent appellant. | | 03-11545
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| 07/30/2003 | Order/Procedural | Filed Order. Re: Counsel and Briefing. fn1[Because it appeared that this appeal was subject to NRAP 3C, Mr. Ruggeroli, counsel for appellant in the district court, was determined to be counsel for appellant on appeal. See NRAP 3C(b). The court later concluded in its June 19, 2003, order that this appeal was not subject to NRAP 3C.] It appears that Mr. Ruggeroli is not counsel for appellant. Accordingly, the clerk of this court shall remove Mr. Ruggeroli as counsel for appellant. On July 9, 2003, attorney William J. Taylor filed a notice of appearance on behalf of appellant. No copy of the district court minutes were attached to the notice. Mr. Taylor shall have 10 days from the date of this order to file with this court a copy of the district court minutes indicating that he was appointed to represent appellant. Appellant shall have 15 days from the date of this order to file and serve the docketing statement and comply with NRAP 9(a) and 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). On June 23, 2003, appellant submitted a proper person document. We note that appellant has not been granted permission to file documents in proper person. See NRAP 46(b). We direct the clerk of this court to return, unfiled, appellant's proper person motion received on June 23, 2003. We also note that appellant is now represented by Mr. Taylor and remind appellant that he needs to address all concerns relating to this appeal to his counsel of record. (Docketing statement mailed to attorney William J. Taylor, counsel for appellant). | | 03-12798
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| 07/30/2003 | Notice/Outgoing | Issued Letter. to appellant Willie J. Smith, Jr. Returned unfiled, the original "Proper Person Motion for Post Conviction Relief & Remedy" received on June 23, 2003. | | |
| 08/11/2003 | Motion | Filed Motion to Extend Time. Appellant's Motion for Enlargement of Time to File Transcript Request Form and Docketing Statement. | | 03-13403
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| 08/11/2003 | Transcript Request | Received Request for Transcript of Proceedings. Transcripts requested: 06/26/02; 06/27/02; 06/28/02; 07/01/02; 10/15/02; 02/24/03; and 04/08/03. To Court Reporters: Prock; Pike; Riley-Bennet; Magnusen; Liston; and Isom. | | 03-13404
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| 08/11/2003 | Docketing Statement | Received Docketing Statement. | | 03-13407
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| 08/13/2003 | Other | Returned Mail. Order filed 07/30/03 addressed to James J. Ruggeroli remailed to corrected address. | | |
| 08/18/2003 | Notice/Incoming | Filed Substitution of Attorneys. William J. Taylor in place and stead of James J. Ruggeroli as counsel for appellant. | | 03-13720
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| 09/04/2003 | Motion | Filed Motion. Counsel's Motion to Withdraw as Attorney & Request to Extend Briefing Schedule for New Attorney (Motion is submitted by attorney James J. Ruggeroli. Mr. Ruggeroli was removed as counsel on July 10, 2003). | | 03-14868
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| 09/05/2003 | Order/Procedural | Filed Order. Filing Transcript Request Form and Docketing Statement, and Returning Proper Person Document. Appellant has filed a motion for an extension of time to file the docketing statement and transcript request form. This court received those documents for filing on August 11, 2003. Because appellant timely submitted those documents for filling, we deny the motion. The clerk of this court shall file the transcript request form and the docketing statement received on August 11, 2003. On August 12, 2003, appellant submitted a proper person document entitled 'Petition for En Banc Hearing.' On September 2, 2003, appellant submitted an addendum to the petition. Because appellant is represented by counsel, we decline to grant him permission to file documents in proper person. See NRAP 46(b). The clerk of this court shall return, unfilled, the proper person documents received on August 12, 2003, and September 2, 2003. Appellant shall proceed by and through counsel in the prosecution of this appeal. The clerk shall return, unfilled, any future proper person document submitted or filing. | | 03-14924
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| 09/05/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 06/26/02; 06/27/02; 06/28/02; 07/01/02; 10/15/02; 02/24/03; and 04/08/03. To Court Reporters: Prock; Pike; Riley-Bennet; Magnusen; Liston; and Isom. | | 03-13404
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| 09/05/2003 | Docketing Statement | Filed Docketing Statement. | | 03-13407
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| 09/05/2003 | Notice/Outgoing | Issued Letter. to appellant Willie J. Smith, Jr. Returned unfiled, "the proper person Petition for En Banc Hearing received on August 12, 2003 and the Appellant's Addendum to Proper Person Petition for En Banc Hearing received September 2, 2003." | | |
| 09/08/2003 | Motion | Filed Motion to Extend Time.
09/26/03 Order: This court will take no action with respect to Mr. Ruggeroli's motion. | | 03-15014
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| 09/26/2003 | Order/Procedural | Filed Order. On July 30, 2003, this court entered an order concluding that attorney James J. Ruggeroli is not counsel for appellant and directing the clerk of this court to remove Mr. Ruggeroli as counsel in this appeal. The order also concluded that pursuant to a notice of appearance, attorney William J. Taylor is counsel of record for appellant. Mr. Ruggeroli has filed a motion requesting permission to withdraw as appellant's counsel of record and for an extension of time for new counsel to file and serve the opening brief and appendix. As noted above, appellant is represented by Mr. Taylor and Mr. Ruggeroli is not counsel of record for appellant. Accordingly, this court will take no action with respect to Mr. Ruggeroli's motion. | | 03-16132
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| 10/03/2003 | Order/Procedural | Filed Order Denying Motion. On July 30, 2003, this court entered an order that directed appellant to file and serve the opening brief and appendix within 120 days. The opening brief and appendix are due to be filed by December 1, 2003. Appellant has filed a motion requesting an extension of 60 days to file the opening brief and appendix. We deny the motion. Appellant shall file and serve the opening brief and appendix by December 1, 2003. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-16500
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| 11/26/2003 | Order/Procedural | Filed Order. Regarding Transcritps. Our review of the district court docket entries reveals that transcripts for proceedings conducted on June 26, 2002, June 27, 2002, June 28, 2002, and October 15, 2002, were filed in the district court prior to the docketing of this appeal. Accordingly, these transcripts should be included in appellant's appendix. Therefore, court reporters DiAnn Prock, Holly Pike and Cindy Magnusen are not obligated to produce these transcripts. We admonish appellant's counsel for improperly requesting preparation of these transcripts. The requested transcripts for proceedings conducted on July 1, 2002, February 24, 2003, and April 8, 2003, still need to be filed with this court. Accordingly, court reporters/recorders Sonya L. Riley-Bennett, Janice Liston and Peggy Isom shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, each court reporter or recorder shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, each court reporter or recorder shall notify this court, in writing, of this fact. | | 03-19795
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| 12/08/2003 | Transcript | Filed Transcript. Proceedings: July 1, 2002. Court Reporter: Sonia L. Riley. | | 03-20383
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| 12/12/2003 | Transcript | Filed Transcript. Proceedings: April 8, 2003. Court Reporter: Peggy Isom. | | |
| 12/15/2003 | Transcript | Filed Transcript. Proceedings: February 24, 2003. Court Reporter: Janice R. Liston. | | 03-20798
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| 02/23/2004 | Motion | Filed Motion to Extend Time. (Second Request). | | 04-03491
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| 02/23/2004 | Transcript Request | Filed Request for Transcript of Proceedings. (Second Request). Transcripts requested: 06/26/02, 06/27/02, 06/28/02, 07/01/02, 10/15/02, 02/24/03, and 04/08/03. To Court Reporter: Prock/Pike/Riley-Bennett/Magnussen/Liston and Isom. | | 04-03493
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| 03/03/2004 | Order/Procedural | Filed Order Granting Motion. In support of the second motion for extension of time, appellant's counsel represents that "he has been unable to obtain the necessary transcripts required to prepare the Opening Brief." It appears that all the transcripts appellant requested have been produced and filed with either this court or the district court. Appellant shall have until April 19, 2004, to file and serve the opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 04-04015
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| 03/10/2004 | Letter/Incoming | Filed Letter. from attorney William J. Taylor in regards to transcripts.
07/23/04 ORDER:-FN2: NO ACTION WILL BE TAKEN ON THIS LETTER. | | 04-04544
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| 03/12/2004 | Letter/Incoming | Filed Letter. from Court Reporter Janice R. Liston regarding transcripts in this matter.
07/23/04 ORDER:-FN2: NO ACTION WILL BE TAKEN ON THIS LETTER. | | 04-04725
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| 03/18/2004 | Transcript | Filed Transcript. Proceedings: April 8, 2003. Court Reporter: Peggy Isom. | | 04-05181
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| 04/07/2004 | Brief | Filed Opening Brief.
07/23/04 ORDER: OPENING BRIEF STRICKEN. | | |
| 04/07/2004 | Notice/Outgoing | Issued Notice of Deficient Appendix. Returned Unfiled Appellant's Appendix. Corrected appendix due: 10 days. | | |
| 05/03/2004 | Motion | Filed Motion to Extend Time. Request for Enlargement of Time to File Amended Opening Brief and Amended Appendix. | | 04-08068
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| 06/01/2004 | Other | Returned Unfiled Document. Original document entitled, "Motion for Leave to Amend Direct Appeal or Supplement Brief." | | |
| 07/23/2004 | Order/Procedural | Filed Order. to File Corrected Opening Brief and Appendix. On April 7, 2004, this court returned, unfiled, appellant's appendix because it was deficient. On May 3, 2004, appellant filed an untimely motion for an extension of time until May 8, 2004, to file the "Amended Opening Brief and Amended Appendix." fn1[Because appellant intends to file a corrected opening brief, we direct the clerk of this court to strike the opening brief filed on April 7, 2004.] Because appellant did not submit the documents for filing by the date requested in the motion for an extension of time, we deny the motion. Appellant shall have 10 days from the date of this order to file and serve the corrected opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn2[As appellant has filed the opening brief, it appears that appellant has all the transcripts necessary to brief this appeal. Accordingly, this court will take no action on the letter from counsel for appellant received on March 8, 2004, and the letter from court recorder Janet Liston filed on March 12, 2004.] | | 04-13392
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| 08/06/2004 | Brief | Filed Opening Brief. | | 04-14281
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| 08/06/2004 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 3. | | |
| 09/07/2004 | Brief | Filed Answering Brief. | | 04-16228
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| 09/07/2004 | Appendix | Filed Appendix to Answering Brief. | | |
| 09/27/2004 | Brief | Filed Reply Brief. | | 04-17861
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| 10/27/2004 | Order/Procedural | Filed Order. to file Supplemental Appendix. On August 6, 2004, appellant filed the opening brief and appendix. The appendix does not contain all of the documents required pursuant to NRAP 30(b)(2). Accordingly, appellant shall have 10 days from the date of this order to file and serve a supplemental appendix containing the required documents. On September 5, 2003, this court entered an order returning appellant's proposed proper person documents. That order declined to grant appellant permission to file documents in proper person because appellant is represented by counsel. On October 14, 2004, appellant submitted a letter to this court in response to the September 5, 2003, order. fn1[We direct the clerk of this court to file the letter.] To the extent that appellant requests this court to reconsider its September 5, 2003, order denying him permission to file documents in proper person, we deny the request. See NRAP 46(b). Further, to the extent appellant requests this court to dismiss this appeal so he can 'proceed immediately to federal court,' we deny the request. Appellant shall proceed hereafter by and through counsel of record. The clerk of this court shall return, unfiled, any future proper person document submitted for filing. | | 04-19845
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| 10/27/2004 | Other Incoming Document | Filed Proper Person Document. Letter dated October 8, 2004. | | 04-19115
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| 12/09/2004 | Order/Procedural | Filed Order. To date, appellant has failed to comply with our order of October 27, 2004. Appellant shall have 10 days from the date of this order to file and serve a supplemental appendix that contains the required documents pursuant to NRAP 30(b)(2). Failure to comply with this order may result in the imposition of sanctions against counsel for appellant. | | 04-22481
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| 02/02/2005 | Order/Counsel | Filed Order/Sanctions. Order to File Supplemental Appendix and Imposing Sanctions. To date, appellant still has not filed the supplemental appendix. We conclude that Mr. Taylor's dilatory actions in prosecuting this appeal and disregard of this court's rules and orders warrant the imposition of sanctions. Mr. Taylor shall have 10 days from the date of this order to personally pay the total amount of $250.00 to the Supreme Court Law Library and to file proof of payment with this court. Further, appellant shall have 10 days from the date of this order to file a supplemental appendix containing all the necessary documents. We caution Mr. Taylor that failure to comply fully with this order in a timely manner may result in the imposition of additional sanctions, including, but not limited, referral to the State Bar of Nevada. | | 05-02097
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| 02/18/2005 | Notice/Incoming | Filed Proof of Payment of Sanction. Check no. 2595 in the amount of $250.00 payable the Nevada Supreme Court Law Library. | | 05-03346
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| 02/18/2005 | Brief | Filed Opening Brief.
06/20/05 ORDER: OPENING BRIEF FILED 02/18/05-STRICKEN.jcr | | |
| 02/18/2005 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2. | | |
| 02/24/2005 | Appendix | Filed Appendix to Opening Brief. Vols. 3 and 4. | | |
| 02/25/2005 | Notice/Incoming | Filed Proof of Service. -Amended Proof of Service for volumes 1 and 2 of Appellant's Appendix. | | 05-03766
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| 02/25/2005 | Notice/Incoming | Filed Notice. Notice of Compliance with Supreme Court Order. | | 05-03767
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| 02/25/2005 | Other | Other. Filed amended table of contents to Appellant's Appendix. (Attached to inside front cover of each volume of appendix.) | | 05-03768
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| 03/07/2005 | Appendix | Filed Appendix. Supplement to Appellant's Appendix. | | |
| 03/22/2005 | Motion | Filed Motion to Strike. State's Motion to Strike Appellant's Opening Brief Submitted February 2005. | | 05-05619
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| 04/04/2005 | Motion | Filed Response to Motion. Appellant's Consent to State's Motion to Strike Appellant's Amended Opening Brief. | | 05-06517
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| 04/06/2005 | Motion | Filed Motion. William J. Taylor. | | 05-06791
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| 04/11/2005 | Motion | Received Proper Person Motion. Motion Requesting Appointment of Appellant Counsel. | | 05-07008
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| 06/20/2005 | Order/Procedural | Filed Order. Regarding Sanctions and Appellant's Appendix, Striking Opening Brief, Granting Motion to Withdraw, Remanding for the Designation of New Counsel, and Denying Proper Person Motion to Dismiss. Appellant failed to comply with our December 9, 2004, order. Therefore, on February 2, 2005, we entered an order imposing sanctions on appellant's counsel. On February 18, 2005, appellant's counsel filed proof of payment of the sanctions imposed against him. As appellant's counsel has paid the sanctions imposed against him, we conclude he has fulfilled his obligations in this regard. Also on February 18, 2005, appellant filed a second opening brief and volumes 1 and 2 of a second appendix. On February 24, 2005, appellant filed volumes 3 and 4 of the second appendix. Appellant's counsel will have no further obligations to supplement or amend the appendix absent an order from this court. Respondent has moved to strike appellant's second opening brief. Appellant has filed a consent to the motion to strike. We grant respondent's motion and direct the clerk of this court to strike the opening brief filed on February 18, 2005. Briefing in this matter is now complete. Appellant's counsel, William J. Taylor, has filed a motion to withdraw as counsel. Appellant has also submitted a proper person motion requesting appointment of counsel. fn1[As we have considered appellant's motion in resolving this issue, we direct the clerk to file the proper person motion received on April 11, 2005.] We grant Mr. Taylor's motion to withdraw and appellant's motion requesting appointment of counsel to the extent that we remand this appeal for the limited purpose of appointing counsel for appellant. The district court shall have 30 days from the date of this order to appoint counsel for appellant. fn2[We note that, in his motion to withdraw, Mr. Taylor represents that attorney Jeannie Hua has assisted him with this case in the past and that Ms. Hua has agreed to represent appellant.] Within 5 days of the appointment of counsel, the district court shall transmit to the clerk of this court a copy of the district court's written or minute order. On May 31, 2005, appellant submitted a proper person 'Motion To Dismiss.' fn3[We direct the clerk to file the proper person motion received on May 31, 2005. While we have directed the clerk to file the two most recent proper person documents received from appellant, we decline to grant appellant permission to file further documents in proper person.] It appears that appellant requests this court to dismiss his appeal based upon his dissatisfaction with his attorney and 'delay' in the proceedings. In light of the facts that new counsel is being appointed for appellant and that briefing is now complete in this appeal, we deny the motion. | | 05-12048
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| 06/20/2005 | Motion | Filed Proper Person Motion. Motion Requesting Appointment of Appellant Counsel. | | 05-07008
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| 06/20/2005 | Motion | Filed Proper Person Motion. Motion to Dismiss. | | 05-10654
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| 08/01/2005 | Order/Incoming | Filed District Court Order. Filed certified copy of order filed in district court on July 28, 2005, appointing Marvin Longabaugh, Esq., as counsel for appellant. | | 05-15282
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| 09/06/2005 | Notice/Incoming | Filed Notice of Appearance. Marvin L. Longabaugh. | | 05-17536
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| 01/18/2006 | Order/Procedural | Filed Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. | | 06-01242
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| 01/18/2006 | Case Status Update | Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH | | |
| 03/22/2006 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH | | 06-06030
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| 04/18/2006 | Remittitur | Issued Remittitur. | | 06-06101
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| 04/18/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 05/05/2006 | Remittitur | Filed Remittitur. Received by County Clerk on April 21, 2006. | | 06-06101
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