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United States Court Cases

Nevada Supreme/Appellate Court Record

LEDBETTER (JOHN) VS. STATE

Case Information: 43093
Short Caption:LEDBETTER (JOHN) VS. STATECourt:Supreme Court
Related Case(s): 48297
Lower Court Case(s):Clark Co. - Eighth Judicial District - C185182Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/14/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/06/2004Filing Fee Filing Fee Waived.
04/06/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 04-06327
04/20/2004Other Returned Mail. Receipt for documents dated 04/06/04 addressed to John Ledbetter remailed to corrected address.
04/20/2004Order/ProceduralFiled Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. The district court shall have 30 days from the date of this order to appoint counsel for appellant. Within 5 days from the date of appointment, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order appointing appellate counsel. 04-07324
04/26/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.) 04-07588
05/12/2004Docketing StatementFiled Docketing Statement. 04-08833
05/12/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 09/24/02, 01/21/03, 01/31/03, 02/05/03, 06/18/03, 07/10/03, 11/12/03, 11/17/03, 11/18/03, 11/19/03, 11/20/03, 11/21/03, 11/24/03, 11/25/03, and 11/26/03. To Court Reporter: P. Isom, Scott, Slabe, M. Isom, Caldwell, and Prock. 04-08834
05/17/2004Letter/IncomingFiled Letter. from Court Reporter Leta Haupt addressed to Sharon G. Dickinson, Deputy Public Defender dated May 11, 2004 in regards to requested transcripts. 04-09181
05/24/2004TranscriptFiled Transcript. Proceedings: Thursday, July 10, 2003. Court Reporter: Cindy Caldwell. Proceedings: Wednesday, November 12, 2003; Monday, November 24, 2003; Tuesday, November 25, 2003; and Wednesday, November 26, 2003. Court Reporter: Diann Prock. 04-09547
06/01/2004Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on May 26, 2004, enclosing a copy of minute order. David Schieck appointed as counsel for appellant. 04-10076
06/23/2004Order/ProceduralFiled Order. On May 12, 2004, the Clark County Public Defender filed a transcript request form requesting the production of transcripts for several proceedings. In response to the transcript request form, Leta Haupt, of Free Lance Court Reporters, submitted a letter to this court on May 17, 2004, indicating that several of the requested transcripts had previously been prepared. Upon further inquiry into this matter, our review of the district court docket entries indicates that the transcripts for the requested proceedings conducted on January 21, 2003, January 31, 2003, February 5, 2003, November 19, 2003, November 20, 2003, and November 21, 2003, were previously prepared and filed in the district court prior to the docketing of this appeal. Accordingly, the court reporters and court recorders are not required to file transcripts for these proceedings. On March 30, 2004, appellant filed a proper person notice of appeal in the district court. On April 20, 2004, this court entered an order remanding this appeal to the district court for the limited purpose of securing counsel for appellant. On that same date, the Clark County Public Defender filed a notice of appeal on behalf of appellant in the district court. On June 1, 2004, a Notice of Appointment of Counsel was filed with this court. Attached to the notice is a copy of the district court minutes of May 26, 2004, during which the district court appointed attorney David Schieck to represent appellant on appeal. Because Mr. Schieck's appointment was in compliance with our order of limited remand, we conclude that he is the proper counsel of record for appellant on appeal. Accordingly, the clerk shall remove the Clark County Public Defender as counsel for appellant. Mr. Scieck shall, within 15 days from the date of this order, request transcripts in comliance with NRAP 9(a). The new due date for filing the opening brief and appendix is September 27, 2004. Thereafter briefing shall proceed in accordance with NRAP 31(a)(1).Fn1 [The clerk shall file the letter received from Ms. Haupt on May 17, 2004.] 04-11393
06/23/2004Letter/IncomingFiled Letter. from Court Reporter Leta Haupt addressed to Sharon G. Dickinson, Deputy Public Defender dated May 11, 2004 in regards to requested transcripts. 04-09181
07/01/2004Other Returned Mail. Order filed 06/23/04 addressed to Court Reporter Cindy Caldwell remailed to corrected address.
07/01/2004TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 09/24/02, 06/18/03, 11/17/03, 11/18/03, and 11/19/03. Court Reporter: Peggy Isom. 04-12137
07/06/2004MotionFiled Motion to Extend Time. to file Request for Transcripts. 04-12338
07/29/2004Notice/IncomingFiled Notice of Appearance. Representing appellant: Christopher Oram. 04-13783
08/12/2004Order/ProceduralFiled Order. On July 6, 2004, Mr. Schieck filed a motion for an extension of time until August 2, 2004, to request transcripts. We elect to consider Mr. Schieck's motion for an extension of time as a motion to withdraw as appellant's counsel in this court. Cause appearing, we grant the motion. See SCR 46(2). The clerk shall remove Mr. Schieck as counsel of record for appellant. On July 29, 2004, Mr. Oram filed a notice of appearance with this court. Accordingly, we conclude that Mr. Oram is now counsel of record for appellant in this appeal. In light of Mr. Oram's recent appointment as appellant's counsel, we vacate the portions of our June 23, 2004, order that established due dates for requesting transcripts and filing briefs. Mr. Oram shall have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a). If the transcripts previously requested by the Clark County Public Defender are sufficient, Mr. Oram shall file and serve a certificate indicating that no new transcripts are being requested. Mr. Oram shall have 90 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). On July 1, 2004, Court Reporter Peggy Isom filed rough draft transcripts for proceedings conducted on September 24, 2002, June 18, 2003, November 17, 2003, November 18, 2003, and November 19, 2003. We note, however, that this is not a fast track appeal subject to NRAP 3C. Accordingly, it was improper for Ms. Isom to have filed rough draft transcripts with this court and not certified copies of transcripts. Nevertheless, in the interest of judicial economy, we waive this requirement unless any of the parties to this appeal files an objection to the use of the rough draft transcripts within 10 days from the date of this order. 04-14576
09/02/2004Transcript RequestFiled Certificate of No Transcript Request. 04-16009
11/12/2004MotionFiled Motion and Order Extending Time. Brief due: December 10, 2004. 04-20790
12/13/2004MotionFiled Motion to Extend Time. 04-22654
12/14/2004Order/ProceduralFiled Order Granting Motion. filed December 13, 2004. Appellant shall have until January 17, 2005, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We note that the court disapproves of repeated requests for extensions of time to brief appeals in criminal cases. Consequently, 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. 04-22817
01/19/2005BriefFiled Opening Brief. 05-01190
01/19/2005AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 05-01192
02/22/2005BriefFiled Answering Brief. 05-03544
02/22/2005AppendixFiled Appendix to Answering Brief. 05-03547
03/22/2005MotionFiled Motion and Order Extending Time. Brief due: April 20, 2005. 05-05569
03/24/2005TranscriptFiled Transcript. Proceedings: 11/21/03. Court Reporter: Peggy Isom. 05-05818
04/21/2005MotionFiled Motion and Order Extending Time. Brief due: May 10, 2005. 05-07826
05/20/2005Case Status Update Briefing Completed. No reply brief filed.
07/14/2005Order/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. 05-14014
07/14/2005Case Status Update Submitted for Decision.
03/16/2006Opinion/DispositionalFiled Authored Opinion. "Affirmed and remanded for the limited purpose of correcting errors in the written judgment of conviction.' Before the Court EN BANC. Author: Maupin, J. We concur: Gibbons, Douglas, Hardesty and Parraguirre, JJ Rose, C.J., with whom Becker, J., agrees, dissenting. 122 Nev. Adv. Opn. No. 22. EN BANC. 06-05639
04/11/2006RemittiturIssued Remittitur. 06-06042
04/11/2006Case Status Update Remittitur Issued/Case Closed.
04/20/2006RemittiturFiled Remittitur. Received by County Clerk on April 13, 2006. 06-06042