| Case Information: 45100 | |||
| Short Caption: | GRUD (SCOTT) VS. STATE | Court: | 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 | ||||
| Date | Type | Description | Pending? | Document |
| 04/19/2005 | Filing Fee | Filing Fee Waived. | ||
| 04/19/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 05-07604 | |
| 06/28/2005 | Order/Procedural | Filed 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 | |
| 07/13/2005 | Motion | Filed Motion. Motion to Withdraw as Attorney of Record Memorandum of Points and Authorities, and Affidavit of Counsel. | 05-13951 | |
| 07/28/2005 | Order/Procedural | Filed 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 | |
| 09/21/2005 | Fast Track Brief | Received Fast Track Statement. | 05-18729 | |
| 09/21/2005 | Appendix | Received Appendix. Appellant's Fast Track Appendix. | 05-18730 | |
| 10/04/2005 | Motion | Filed Motion to Extend Time. Joint Motion. | 05-19682 | |
| 10/12/2005 | Order/Procedural | Filed Order Granting Motion. The clerk shall file the fast track statement and appendix submitted on September 21, 2005. | 05-20174 | |
| 10/12/2005 | Fast Track Brief | Filed Fast Track Statement. | 05-18729 | |
| 10/12/2005 | Appendix | Filed Appendix to Fast Track Statement. | 05-18730 | |
| 12/01/2005 | Order/Procedural | Filed 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 | |
| 12/12/2005 | Fast Track Brief | Filed Fast Track Response. Issued Notice to Provide Proof of Service. | 05-24221 | |
| 12/22/2005 | Notice/Incoming | Filed Proof of Service. - Fast Track Response. | 05-24955 | |
| 06/12/2006 | Order/Dispositional | Filed 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 | |
| 06/12/2006 | Other | Returned Unfiled Document. Notice to the Court received on September 1, 2005, to appellant Scott Grud. | ||
| 07/07/2006 | Remittitur | Issued Remittitur. | 06-12381 | |
| 07/07/2006 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 07/13/2006 | Remittitur | Filed Remittitur. Received by County Clerk on July 10, 2006. | 06-12381 | |