| Case Information: 43269 | |||
| Short Caption: | HOUSTON (BRICK) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 45813 , 46104 , 46946 , 47136 , 47508 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C198821 | Classification: | Criminal Appeal - Fast Track - Direct |
| Disqualifications: | Case Status: | Disposition Filed/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 |
| 05/10/2004 | Filing Fee | Filing Fee Waived. | ||
| 05/10/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 04-08659 | |
| 05/20/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. | 04-09428 | |
| 06/04/2004 | Letter/Incoming | Filed Letter. Courtesy copy of letter addressed to Craig D. Creel, Deputy P.S. from Court Reporter Leta Haupt regarding the request for rough draft transcript in this matter. | 04-10270 | |
| 06/30/2004 | Motion | Filed Motion. | 04-12021 | |
| 07/14/2004 | Order/Procedural | Filed Order Denying Motion. This appeal is subject to the fast track provisions of Nevada Rule of Appellate Procedure 3C. On June 30, 2004, appellant's counsel Robert L. Miller filed a motion to withdraw as appellant's attorney of record. Miller may not withdraw until he has fulfilled the obligations set forth in NRAP 3C(b). Moreover, NRAP 3C(b)(1) provides that in order to withdraw in a fast track appeal, trial counsel must file a motion with this court. Should the district court appoint additional appellate counsel, that order will not relieve Miller of his obligations pursuant to NRAP 3C. Miller should note that claims of ineffective assistance of counsel are more appropriately raised in the district court in the first instance by way of a petition for post-conviction relief. The motion to withdraw is therefore denied. If Miller filed a rough draft transcript request form in the district court, Miller is directed to file 2 copies of that rough draft transcript request form and proof of service as required by NRAP 3C(d)(3) in this court within 5 days of this order. If Miller did not file a rough draft transcript request form in the district court, Miller is ordered to file such a request form within 5 days of this order, and file 2 copies of the transcript request form and proof of service in this court within 10 days of this order. Miller shall have 30 days from the date of this order within which to file and serve the fast track statement and appendix. | 04-12780 | |
| 07/21/2004 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 02/17/04 and 03/30/04. Court Reporter: Diann Prock. Filed in district court on: 05/14/04. | 04-13235 | |
| 09/14/2004 | Order/Procedural | Filed Order. To date, no fast track statement has been filed. This court notes that the transcripts requested by counsel have not yet been filed. Court reporter or recorder Diann Prock shall file the requested transcripts within 10 days of this order. Counsel for appellant shall have 20 days from the filing of the transcripts within which to file the fast track statement and appendix. | 04-16798 | |
| 09/20/2004 | Letter/Incoming | Filed Letter. from court reporter Leta Haupt. The transcripts were previously prepared and filed per her letter dated June 1, 2004. | 04-17336 | |
| 09/24/2004 | Order/Procedural | Filed Order. On September 14, 2004, this court entered an order noting that the fast track statement was overdue. This court's order further noted that the requested transcripts had not been filed in this court. On September 20, 2004, this court received a letter from Leta Haupt of Free Lance Court Reporters. In the letter, Haupt informs this court that the transcripts were filed in the district court prior to the filing of the notice of appeal. Counsel for appellant shall have 10 days from the date of this order within which to file and serve the fast track statement and appendix. | 04-17685 | |
| 11/02/2004 | Letter/Incoming | Filed Letter. from Robert L. Miller, Deputy Public Defender, regarding the extension of time in this matter. | 04-20137 | |
| 11/02/2004 | Motion | Filed Motion to Extend Time. | 04-20138 | |
| 11/10/2004 | Order/Procedural | Filed Order Granting Motion. filed November 2, 2004. Counsel shall file the fast track statement and appendix on or before November 29, 2004. | 04-20705 | |
| 12/03/2004 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to File Request for Voluntary Dismissal of Appeal. | 04-22108 | |
| 12/13/2004 | Order/Procedural | Filed Order Granting Motion. filed December 3, 2004. Counsel for appellant shall have 20 days from the date of this order to file a motion to withdraw this appeal voluntarily, or to file and serve the fast track statement and appendix. | 04-22647 | |
| 12/16/2004 | Motion | Filed Motion to Dismiss Appeal. Notice of Withdrawal of Appeal. | 04-22982 | |
| 01/20/2005 | Order/Dispositional | Filed Voluntary Dismissal. On December 16, 2004, counsel for appellant filed a motion to withdraw this appeal voluntarily. Appellant consents to a voluntary dismissal of this appeal. Cause appearing, the motion is granted and we "ORDER this appeal DISMISSED." fn1[Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.] SNP05-RR/MG/JH | 05-01256 | |
| 01/20/2005 | Case Status Update | Case Closed. No remittitur issued. | ||
| 04/25/2005 | Order/Procedural | Filed Order. Having reviewed the document that appellant has submitted in proper person to the clerk of this court in this matter on March 31, 2005 and April 4, 2005, we conclude that no relief based upon those submissions is warranted. | 05-08072 | |