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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 45100
Short Caption:GRUD (SCOTT) VS. STATECourt:Supreme Court
Lower Court Case(s):Nye Co. - Fifth Judicial District - HC4322
Nye Co. - Fifth Judicial District - CR4322
Classification: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
04/19/2005Filing Fee Filing Fee Waived.
04/19/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 05-07604
06/28/2005Order/ProceduralFiled Order. To date, no fast track statement has been filed. Appellant's counsel Carl M. Joerger shall file and serve the fast track statement and appendix within 10 days of the date of this order or show cause why counsel for appellant should not be sanctioned. 05-12680
07/13/2005MotionFiled Motion. Motion to Withdraw as Attorney of Record Memorandum of Points and Authorities, and Affidavit of Counsel. 05-13951
07/28/2005Order/ProceduralFiled Order Denying Motion. On May 18, 2005, this court received a proper person opening brief. On June 21, 2005, the Nye County District Attorney's Office submitted an answering brief, and on July 7, 2005, appellant submitted a proper person reply brief. On July 13, 2005, appellant's counsel Carl M. Joerger filed his first document in this appeal, namely a motion to withdraw as counsel. This is a fast track appeal. Appellant, acting in proper person, and the State have attempted to fully brief this appeal. Appellant has not been granted leave to file documents in proper person in this matter. The clerk of this court shall return unfiled, the opening brief received on May 18, 2005, the answering brief received on June 21, 2005, and the reply brief received on July 7, 2005. Turning to Joerger's motion to withdraw. Joerger may not withdraw until he has fulfilled the obligations placed on trial counsel by NRAP 3C(b). Joerger must first file a rough draft transcript request form and a fast track statement. The motion to withdraw is therefore denied. Joerger shall have 5 days from the date of this order within which to file the rough draft transcript request form in compliance with NRAP 3C, or a certificate stating that no transcript is required in this appeal and 40 days from the date of this order to file and serve the fast track statement and appendix. In preparing the fast track statement, Joerger may wish to review the arguments presented in appellant's proper person brief with a view toward selecting the most promising issues for review. This court notes, however, that counsel is under no obligation to raise every colorable issue requested by his client. fn3[If transcripts have already been prepared and are on filed in the district court, the parties may include such transcripts in the appendix without filing a transcript request form.] 05-15054
09/21/2005Fast Track BriefReceived Fast Track Statement. 05-18729
09/21/2005AppendixReceived Appendix. Appellant's Fast Track Appendix. 05-18730
10/04/2005MotionFiled Motion to Extend Time. Joint Motion. 05-19682
10/12/2005Order/ProceduralFiled Order Granting Motion. The clerk shall file the fast track statement and appendix submitted on September 21, 2005. 05-20174
10/12/2005Fast Track BriefFiled Fast Track Statement. 05-18729
10/12/2005AppendixFiled Appendix to Fast Track Statement. 05-18730
12/01/2005Order/ProceduralFiled Order. respondent shall file and serve the fast track response within 10 days of the date of this order or show cause why counsel for respondent should not be sanctioned. 05-23545
12/12/2005Fast Track BriefFiled Fast Track Response. Issued Notice to Provide Proof of Service. 05-24221
12/22/2005Notice/IncomingFiled Proof of Service. - Fast Track Response. 05-24955
06/12/2006Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED and REMAND this matter to the district court for proceedings consistent with this order." fn6[The clerk shall return to appellant unfiled all proper person documents appellant has submitted to this court in this matter.] NNP06-MD/NB/RP 06-12288
06/12/2006Other Returned Unfiled Document. Notice to the Court received on September 1, 2005, to appellant Scott Grud.
07/07/2006RemittiturIssued Remittitur. 06-12381
07/07/2006Case Status Update Remittitur Issued/Case Closed.
07/13/2006RemittiturFiled Remittitur. Received by County Clerk on July 10, 2006. 06-12381