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United States Court Cases

Nevada Supreme/Appellate Court Record

AUSTIN (LAWRENCE) VS. STATE

Case Information: 43132
Short Caption:AUSTIN (LAWRENCE) VS. STATECourt:Supreme Court
Related Case(s): 42907 , 48156
Lower Court Case(s):Clark Co. - Eighth Judicial District - C195915Classification:Criminal Appeal - Fast Track - Direct
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
DateTypeDescriptionPending?Document
04/13/2004Filing Fee Filing Fee Waived.
04/13/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 04-06798
04/13/2004Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
04/21/2004Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on April 16, 2004. 04-07360
05/18/2004Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement and Appendix due: June 1, 2004. 04-09203
06/03/2004MotionFiled Motion to Extend Time. Appellant's Motion for Extension of Time to file Fast Track Statement. 04-10187
06/11/2004Order/ProceduralFiled Order Granting Motion. Counsel has not filed a copy of a rough draft transcript request form in this court. If counsel for appellant filed a rough draft transcript request form in the district court, counsel for appellant 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 counsel for appellant did not file a rough draft transcript request form in the district court, counsel 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. Cause appearing, appellant's motion for an extension of time is granted. Appellant shall have 20 days from the filing of the transcripts in this appeal in which to file the fast track statement and appendix. 04-10824
06/17/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: January 6, 2004 through January 9, 2004. Court Reporter: Shirlee Prawalsky. Filed in district court on: June 2, 2004. 04-11112
08/20/2004Fast Track BriefFiled Fast Track Statement. 04-15097
08/20/2004AppendixFiled Appendix to Fast Track Statement. 04-15098
09/08/2004MotionFiled Motion and Order/Excess Pages. Motion for Leave to File 14 Page Fast Track Statement. Granted: 14 pages. 04-16415
09/08/2004Fast Track BriefFiled Fast Track Response. 04-16420
09/16/2004MotionFiled Motion. Attorney James L. Buchanan II 04-17113
09/22/2004Order/ProceduralFiled Order Granting Motion. This appeal is subject to the provisions of Nevada Rule of Appellate Procedure 3C. On September 16, 2004, counsel for appellant filed a motion to withdraw as counsel of record in this appeal. Because counsel for appellant has fulfilled the obligations placed on trial counsel by NRAP 3C(b), the motion is granted. fn1[The granting of this motion is, of course, conditioned upon trial counsel's full cooperation with appellate counsel during the pendency of this appeal. NRAP 3C(b)(1).] We remand this appeal to the district court for the limited purpose of securing appellate counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint appellate counsel. Otherwise, the district court shall order that, within 30 days, appellant must retain appellate counsel and appellate counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of appellate counsel, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order or counsel's notice of appearance. 04-17553
10/25/2004Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on October 13, 2004 enclosing a copy of minute order. Clark County Public Defender appointed as counsel for appellant. 04-19690
10/25/2004Notice/IncomingFiled Notice of Appearance. Representing appellant: Clark County Public Defender. 04-19693
11/10/2004Order/ProceduralFiled Order/Briefing Schedule. The Clark County Public Defender shall have 20 days from the date of this order within which to file either a supplemental fast track statement pursuant to NRAP 3C(g) or a notice that no supplemental fast track statement will be filed. Should the Clark County Public Defender file a supplemental fast track statement, the State shall have 10 days from the date of the filing of the supplemental fast track statement within which to file a supplemental fast track response. 04-20701
11/19/2004Notice/IncomingFiled Notice. Clark County Public Defender's Notice of Receipt of Order Filed November 10, 2004, and Record Regarding Response to Appointment as Appellate Counsel. 04-21381
12/13/2004MotionFiled Motion to Extend Time. (Supplemental fast track statement) 04-22737
12/22/2004Order/ProceduralFiled Order Granting Motion. filed December 13, 2004. Counsel for appellant shall have 30 days from the date of this order within which to file and serve the supplemental fast track statement or a notice that no supplemental fast track statement will be filed. 04-23297
12/28/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 03/09/04. Court Reporter: Shirlee Prawalsky. Filed in district court on: 12/10/04. 04-23578
01/14/2005TranscriptFiled Transcript. Proceedings: 3/9/04. Court Reporter: Richard L. Kangas. 05-00937
01/24/2005MotionFiled Motion to Extend Time. Supplemental Fast Track Statement. 05-01509
01/28/2005Order/ProceduralFiled Order Granting Motion. filed January 24, 2005. Counsel for appellant shall have 30 days from the date of this order to file and serve the supplemental fast track statement. No further extensions will be granted absent extreme and unforeseeable circumstances. 05-01877
02/28/2005MotionFiled Motion to Extend Time. Supplemental Fast Track Statement. 05-03898
03/02/2005MotionFiled Motion for Excess Pages. Motion for Leave to File a 21 Page (Supplemental) Fast Track Statement. 05-04059
03/02/2005Fast Track BriefReceived Fast Track Statement. 05-04060
03/02/2005AppendixReceived Appendix. Appellant's Supplemental Fast Track Appendix 05-04061
03/07/2005Order/ProceduralFiled Order Granting Motion. filed February 28, 2005 and March 2, 2005. The clerk of this court shall file, forthwith, the 21-page (supplemental) fast track statement and appendix provisionally submitted on March 2, 2005. 05-04362
03/07/2005Fast Track BriefFiled Fast Track Statement. 05-04060
03/07/2005AppendixFiled Appendix to Fast Track Statement. 05-04061
03/29/2005MotionFiled Motion to Extend Time. Supplemental Fast Track Response. 05-06095
03/29/2005MotionFiled Motion for Excess Pages. Motion for Leave to File 14 Page Supplemental Fast Track Response. 05-06096
03/29/2005Fast Track BriefReceived Fast Track Response. 05-06097
04/08/2005Order/ProceduralFiled Order Granting Motion. filed March 29, 2005. The clerk of this court shall file the supplemental fast track response provisionally submitted on March 29, 2005. 05-06903
04/08/2005Fast Track BriefFiled Fast Track Response. Respondent's Supplemental Fast Track Response. 05-06097
05/25/2005Order/ProceduralFiled Order. We direct court reporter Shirlee Prawalsky to file the rough draft transcripts of the jury trial conducted on January 6-9, 2004, within 10 days of the date of this order or show cause why she should not be sanctioned. 05-10264
06/03/2005TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 01/05/04 - 01/09/04 (one vol.); 01/07/04; 01/08/04; 01/09/04. Court Reporter: Shirlee Prawalsky. 05-10962
08/12/2005MotionFiled Motion. Appellant's Motion to File Amended Supplemental Fast Track Statement. 05-16005
08/19/2005Order/ProceduralFiled Order Granting Motion. filed August 12, 2005. The clerk of this court shall file forthwith, the amended supplemental fast track statement provisionally submitted on August 12, 2005. 05-16485
08/19/2005Fast Track BriefFiled Fast Track Statement. Amended Supplemental Fast Track Statement. 05-16006
09/09/2005Order/DispositionalFiled Dispositional Order/Appeal. Order of Affirmance and Limited Remand to Correct the Judgment of Conviction. "ORDER the judgment of the district court AFFIRMED and REMAND this matter to the district court for the limited purpose of correcting the judgment of conviction." fn26[Because Austin is represented by counsel, we decline to grant him permission to file documents in proper person. The clerk shall return to Austin unfiled all proper person documents he has submitted to this court.] NNP05-WM/MD/RP 05-17883
09/09/2005Other Other. Returned unfiled to appellant Lawrence Austin, the proper person Notice of motion received on March 7, 2005 and the proper person Letter received on May 3, 2005 with a copy of the 09/09/05 order and without a letter.
10/04/2005RemittiturIssued Remittitur. 05-17967
10/04/2005Case Status Update Remittitur Issued/Case Closed.
10/18/2005RemittiturFiled Remittitur. Received by County Clerk on October 6, 2005. 05-17967