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United States Court Cases

Nevada Supreme/Appellate Court Record

RODRIGUEZ (CHARLES) VS. DISTRICT COURT (EDDOWES)

Case Information: 42991
Short Caption:RODRIGUEZ (CHARLES) VS. DISTRICT COURT (EDDOWES)Court:Supreme Court
Related Case(s): 37948 , 39273 , 39726 , 39786 , 39905
Lower Court Case(s):Clark Co. - Eighth Judicial District - D241955Classification:Original Proceeding - Criminal - Proper Person Writ Petition
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:08/27/2004How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/18/2004Filing Fee Filing Fee Waived.
03/18/2004Petition/WritFiled Proper Person Petition for Writ. Petition for Writ of Habeas Corpus by a Person in Custody in Violation of the Constitution of the United States and the Constitution of the State of Nevada Pursuant to NRS 34.370. 04-05121
03/18/2004Order/ProceduralFiled Order. Directing Petitioner's Immediate Temporary Discharge from Custody and Temporarily Staying District Court's Order of Contempt. Having reviewed the petition and the appended documentation, this court has determined that petitioner's immediate, temporary release from custody is warranted pending this court's further review of this matter. Accordingly, the Sheriff of Clark County is hereby directed to immediately release petitioner from custody pending further order of this court. Counsel for the real party in interest and the Clark County District Attorney shall have 20 days from the date of this order within which to file in this court and serve upon petitioner answering points and authorities to the petition. The district court's order of contempt is hereby temporarily stayed pending this court's resolution of the instant petition. 04-05176
04/08/2004Notice/IncomingFiled Notice of Association of Counsel. Daniel F. Polsenberg of Beckley Singleton, Chtd. As attorney for respondents Eighth Judicial District Court and the Honorable Steven E. Jones, District Judge, Family Division. 04-06512
04/08/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to Answer Petition. 04-06513
04/13/2004Order/ProceduralFiled Order Granting Motion. filed April 8, 2004. Respondents shall have to and including May 7, 2004 to file and serve an answer to the petition. No further extensions will be granted. 04-06759
04/14/2004Notice/IncomingFiled Proof of Service. Amended Certificate of Service. 04-06903
05/11/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to file Answer (second request). 04-08692
05/13/2004AppendixReceived Appendix. Respondents' Appendix to Answer to Petition for Writ of Habeas Corpus. 04-08939
05/14/2004Order/ProceduralFiled Order Granting Motion. Cause appearing, respondent's motion for an extension of time to file the answer is granted. The clerk of this court shall file the answer and appendix provisionally submitted and received in this court on May 13, 2004. 04-08994
05/14/2004Petition/WritFiled Answer to Petition for Writ. Respondents' Answer to Petition for Writ of Habeas Corpus. 04-08938
05/14/2004AppendixFiled Appendix. Respondents' Appendix to Answer to Petition for Writ of Habeas Corpus. 04-08939
05/14/2004MotionFiled Motion. Nicole Eddowes' Joinder to Respondents' Answer to Petition for Writ of Habeas Corpus. 04-09068
06/16/2004Order/ProceduralFiled Order/Motion Granted in Part. Petitioner has moved this court for permission to reply to respondents' answer. Petitioner requests to and including July 13, 2004, within which to submit the reply. Petitioner shall have to and including June 30, 2004, within which to submit a reply and any additional documentation relating to the proceedings below. 04-11049
06/30/2004MotionFiled Proper Person Response. Petitioner's Reply to Respondent's Answer to Petition for Writ of Habeas Corpus. 04-12011
06/30/2004Other Incoming DocumentFiled Proper Person Document. Petitioner's Video: Exhibit 1. 04-12012
08/27/2004Order/ProceduralFiled Order. Cause appearing, oral argument will not be scheduled and this matter shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the papers filed herein. See NRAP 34(f)(1). 04-15593
08/27/2004Case Status Update Submitted for Decision. Submitted on the papers filed herein. To the Southern Nevada Panel. SNP04D-RR/WM/MD
12/09/2004Opinion/DispositionalFiled Authored Opinion. "Petition granted in part." We grant the petition in part and direct the clerk of this court to issue a writ of habeas corpus instructing the district court to make specific findings concerning Rodriguez's indigency, to hold a further hearing if necessary, and thereafter to determine whether Rodriguez is in contempt of court, the penalty for such contempt, and the amount that will be necessary to purge that contempt. Rodriguez shall remain free from custody until these determinations are made. The remaining relief requested by Rodriguez is denied. Before Rose, Maupin and Douglas, JJ. Author: Rose, J. We concur: Maupin, J. and Douglas, J. 120 Nev. Adv. Opn. No. 87. SNP04D 04-22460
12/09/2004WritIssued Writ. Certified copy of writ and opinion mailed to Judge Steven Jones by this office. 04-22461
12/09/2004WritFiled Writ. Certified copy served on Judge Steven E. Jones by mail from this office on this day. 04-22461
12/20/2004Order/ProceduralFiled Order Granting Motion. On December 16, 2004, petitioner submitted a proper person motion requesting leave to file a motion to stay issuance of the remittitur. NRAP 46(b). The clerk shall file this motion, as we elect to resolve it on the merits. Cause appearing, we grant the motion. The clerk shall also file the motion to stay issuance of the remittitur received on December 16, 2004. In support of the motion to stay issuance of the remittitur, petitioner represents he will be filing a petition for a writ of certiorari with the United States Supreme Court. Cause appearing, we grant the motion. See NRAP 41(b). We hereby stay issuance of the remittitur until March 28, 2005. fn1[We have enlarged the requested stay period by 20 days to allow the clerk of the United States Supreme Court sufficient time after the filing of the certiorari petition to prepare and mail written notification to the clerk of this court.] If the clerk of this court receives written notice by March 28, 2005, from the clerk of the United States Supreme Court that appellant has filed a petition for a writ of certiorari, the stay shall continue in effect until final disposition of the certiorari proceedings. If such notice is not received by March 28, 2005, the remittitur shall issue on March 29, 2005. 04-23151
12/20/2004MotionFiled Proper Person Motion. Motion for Leave to Proceed in Proper Person. 04-22962
12/20/2004MotionFiled Proper Person Motion. Motion to Stay Issuance of Remittitur Pendng Application for Certiorari to the Supreme Court of the United States. 04-22963
01/25/2005Notice/OutgoingIssued Letter. to the Publishers from Cay Jordan, Editor. Corrections on pages 10, 11 and 12 of the opinion filed December 19, 2004.
03/23/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed on March 8, 2005 and placed on the docket as Case No. 04-9097. 05-05680
06/20/2005Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 05-12116
06/22/2005Order/ProceduralFiled Order. Issuing Remittitur. On December 20, 2004, this court stayed issuance of the remittitur pending final disposition of petitioner's petition for a writ of certiorari filed in the United States Supreme Court. On June 20, 2005, the clerk received notice that the United States Supreme Court denied petitioner's petition on June 13, 2005. We direct the clerk of this court to issue the notice in lieu of remittitur in this writ petition. 05-12278
06/22/2005RemittiturIssued Notice in Lieu of Remittitur. 05-12294
06/22/2005Case Status Update Remittitur Issued/Case Closed.