judyrecords
600 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

ABBIE (JAMES) VS. STATE

Case Information: 38126
Short Caption:ABBIE (JAMES) VS. STATECourt:Supreme Court
Related Case(s): 37750 , 37751 , 51241
Lower Court Case(s):Washoe Co. - Second Judicial District - CR002302Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/15/2003How Submitted:On Briefs

+ 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. 01-11354
07/10/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-11591
08/28/2001Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within 10 days of the date of this order, file and serve the required documents. Failure to comply with this order may result in the imposition of sanctions. (Docketing statement mailed to counsel for appellant.) 01-14585
09/20/2001TranscriptFiled Transcript. Proceedings: April 30 - May 3, 2001 (3). Court Reporter: Isolde Zihn. 01-15899
09/24/2001Transcript RequestFiled Certificate of No Transcript Request. 01-16083
11/28/2001Order/CounselFiled Order/Sanctions. To date, Mr. Lindsay has failed to comply with our August 28, 2001, order or otherwise communicate with this court. Additionally, the opening brief and appendix were due to be filed by November 5, 2001, and that Mr. Lindsay has failed to file these documents or a motion to extend time. We conclude that Mr. Lindsay's dilatory actions in prosecuting this appeal warrant the imposition of sanctions. Mr. Lindsay shall personally pay the sum of $500 to the Supreme Court Law Library and file proof of such payment with this court within 15 days of the date of this order. Within the same time period, Mr. Lindsay shall file and serve the docketing statement, opening brief and appendix. (Docketing statement mailed to counsel for appellant). 07/31/02 order: we vacate that portion of our Novemer 28, 2001, order imposing sanctions of $500.00 on Mr. Lindsay. 01-19892
11/30/2001MotionFiled Motion. Motion to Withdraw as Attorney of Record and Request to have Sanctions Set Aside. 01-20095
07/31/2002Order/ProceduralFiled Order Granting Motion. to Withdraw and Vacating Monetary Sanctions. On November 30, 2001, appellant's counsel, attorney Robert Bruce Lindsay, filed a "Motion to Withdraw as Attorney of Record for Appellant and Request to have Sanctions Set Aside. We grant the motion. We remand this appeal for the limited purpose of securing counsel for appellant. If indigent, the district court shall have 30 days from the date of this order to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days of appointment or counsel or of retained counsel's entering an appearance with the district court, the district court clerk shall: (1) transmit to this court, a copy of the district court's written or minute order; and (2) serve a copy of this order on new counsel. Thereafter, new counsel shall have 10 days to file a notice of appearance with the clerk of this court. New counsel shall have 15 days from the filing of the notice of appearance to file and serve a docketing statement and shall have 90 days to file and serve the opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). In his November 30, 2001, motion to withdraw, Mr. Lindsay also requests an extension of time to pay the sanctions. fn1[Although the title of the motion includes a 'Request to Have Sanctions Set Aside,' the body of the motion requests an extension of time to pay the sanctions.] We have reconsidered the monetary sanctions imposed in this appeal in light of Mr. Lindsay's indications that they may pose a financial hardship. Under the circumstances, we conclude that the monetary sanctions should be vacated. We vacate that portion of our November 28, 2001, order imposing sanctions of $500.00 on Mr. Lindsay. 02-13144
08/16/2002Order/IncomingFiled District Court Order. Certified copy of order filed in district court on August 8, 2002, appointing the Washoe County Public Defender's Office as counsel for appellant. 02-14036
08/22/2002Notice/IncomingFiled Notice of Appearance. Representing appellant: Cheryl Bond, Deputy Washoe County Public Defender. (Docketing Statement mailed to counsel for appellant.) 02-14417
08/23/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 4/27/01 and 4/30/01. To Court Reporter: I. Zihn. 02-14546
09/09/2002Docketing StatementFiled Docketing Statement. 02-15569
09/19/2002TranscriptFiled Transcript. Proceedings: April 27, 2001 (a.m. and p.m.) Court Reporter: Isolde Zihn. 02-16334
12/13/2002Order/ProceduralFiled Order. Appellant shall, within 15 days from the date of this order, file and serve the opening brief and appendix. Respondent shall, within 30 days from service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 30 days from service of the answering brief. 02-21342
12/30/2002MotionFiled Motion to Extend Time. Response to Order, and Motion for Extension of Time to File Opening Brief. 02-22178
01/02/2003Order/ProceduralFiled Order Granting Motion. filed December 30, 2002. Appellant shall have until January 30, 2003, to file and serve the opening brif and appendix. 03-00062
01/31/2003MotionFiled Motion to Extend Time. 03-01745
02/05/2003Order/ProceduralFiled Order Granting Motion. filed January 31, 2003. Appellant shall have until March 3, 2003, to file and serve the opening brief and appendix. 03-01930
03/04/2003MotionFiled Motion to Extend Time. 03-03578
03/06/2003Order/ProceduralFiled Order Granting Motion. filed March 4, 2003. Appellant shall have until April 2, 2003, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-03810
04/03/2003BriefFiled Opening Brief. 03-05601
04/03/2003AppendixFiled Joint Appendix. Vols. 1 through 4. 03-05602
05/05/2003BriefFiled Answering Brief. 03-07544
06/02/2003Notice/IncomingFiled Notice of Election Not to File a Reply Brief. 03-09141
07/15/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. 03-11959
07/15/2003Case Status Update Submitted for Decision.
08/15/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." NNP03-RR/WM/MG 03-13632
09/09/2003RemittiturIssued Remittitur. 03-13887
09/09/2003Case Status Update Remittitur Issued/Case Closed.
09/24/2003RemittiturFiled Remittitur. Received by County Clerk on September 10, 2003. 03-13887