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United States Court Cases

Nevada Supreme/Appellate Court Record

BOWMAN (JACK) VS. STATE

Case Information: 34925
Short Caption:BOWMAN (JACK) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C153465Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:09/12/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/05/1999Filing Fee Filing Fee Waived.
10/05/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 99-09530
10/05/1999Filing Fee Filing Fee Waived.
04/05/2000Order/ProceduralFiled Order/Show Cause. To date, no fast track statement has been filed. Counsel for appellant shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 00-05491
05/17/2000Order/ProceduralFiled Order. Green has failed to respond to this court's order of April 5, 2000. We conclude that the imposition of a monetary sanction is appropriate. Green shall personally pay the sum of $100.00 to the Supreme Court Law Library and provide the clerk of this court with proof of said payment within 20 days of the date of this order and shall file and serve the fast track statement within 10 days of this order or show cause why Green should not be sanctioned further. 00-08264
05/31/2000Fast Track BriefFiled Fast Track Statement. STRICKEN BY ORDER 07/11/00. 00-09154
06/09/2000MotionFiled Motion to Strike. Motion to Strike Fast Track Statement. 00-09789
07/03/2000Letter/IncomingFiled Letter. from attorney Donald J. Green enclosing proof of payment of sanctions ($100). 00-11307
07/11/2000Order/ProceduralFiled Order Granting Motion. On June 9, 2000, counsel for respondent filed a motion to strike the fast track statement. The motion to strike the fast track statement is granted. Counsel for appellant shall, within 10 days from the date of this order, file on behalf of this appellant a transcript request form in compliance with NRAP 3C, or a certificate stating that no transcript is required and shall file a fast track statement within 30 days of this order. Thereafter, this appeal shall proceed in accordance with NRAP 3C. Failure to comply with the requirements of NRAP 3C and the orders of this court may result in sanctions. 00-11877
08/28/2000Order/ProceduralFiled Order/Fast Track. Counsel for appellant shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 00-15005
10/13/2000Order/CounselFiled Order/Sanctions. On August 28, 2000, this court ordered appellant's counsel Donald J. Green to file the fast track statement within 10 days or show cause why Green should not be sanctioned. Green has failed to respond to this court's order. We conclude that the imposition of a monetary sanction is appropriate. Green shall personally pay the sum of $100.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Further, Green shall file and serve the fast track statement within 10 days of this order or show cause why Green should not be sanctioned further. 00-18143
12/26/2000Order/ProceduralFiled Order. Green has again failed to respond to our order of August 28, 2000. We therefore conclude that the imposition of a monetary sanction is appropriate. Green shall personally pay the sum ot $250.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made to the Supreme Court law Library within 20 days of the date of this order. fn1[This sanction is in addition to the $100.00 sanction imposed on October 13, 2000, which is overdue.] Green shall file and serve the fast track statement within 10 days of this order or show cause why Green should not be sanctioned further. (Order mailed to attorney Green by regular and certified mail.) 00-22415
02/13/2001Order/CounselFiled Order/Sanctions. Green has again failed to respond to our order filed on December 26, 2000. We therefore conclude that imposition of additional monetary sanctions is appropriate. Green shall personally pay the sum of $500.00 to the Supreme Court Law Library and provide the clerk of this court, within 20 days of the date of this order, with an affidavit or certificate verifying that payment has been made. fn1[This amount is in addition to the previously-impose sanctions which are still unpaid and overdue.] Green shall file and serve the fast track statement and appendix within 10 days of this order or show cause why Green should not be sanctioned further and referred to the State Bar of Nevada for investigation and possible discipline. 01-02852
04/09/2001Order/ProceduralFiled Order. To date, Green has entirely disregarded four orders of this court, and the requirements of NRAP 3C. We conclude that Green's failure to comply wit the direct orders of this court and NRAP 3C warrants additional sanctions. Green shall personally pay the sum of $1,000.00 to the Supreme Court law Library, and shall proved the clerk of this court with an affidavit or certificate verifying that payment has been made to the Supreme Court Law Library within 20 days of the date of this order. fn1[This amount is in addition to the previously-imposed sanctions which are still unpaid and overdue.] Moreover, we refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. We further conclude that Green's dilatory actions and neglect of his obligations to this court and his client require his removal as counsel of record. We remand this appeal to the district court for a determination of whether appellant is indigent. The clerk of the district court shall promptly file with the clerk of this court either (1) a copy of the written order of appointment of counsel, or of the minute order reflecting the date of appointment and the individual attorney appointed; or (2) a copy of the written or minute order determining that appellant is not indigent. If counsel is appointed, the clerk of the district court shall serve a copy of this order on the attorney appointed and provide proof of such service to the clerk of this court. Whether appointed or retained, new counsel shall enter an appearance with the clerk of this court within 10 days of appointment or retention. Counsel shall, within 10 days of appointment file a transcript request form or a certificate stating that no transcripts are required. Counsel shall file the fast track statement and appendix within 10 days of his or her appointment. Thereafter this appeal shall proceed with NRAP 3C. 01-06015
05/03/2001MotionFiled Motion. Motion to Reconsider and Vacate Sanctions. 01-07422
05/14/2001Notice/IncomingFiled Notice of Appearance. Thomas J. Fitzpatrick enters his appearance as counsel of record for Appellant Jack Weldon Bowman. 01-07986
05/23/2001Notice/IncomingFiled Notice of Appearance. Certified copy of Notice of Appearance of Counsel filed in district court on 5/9/01. Thomas J. Fitzpatrick as counsel for appellant Jack Bowman. 01-08687
06/14/2001Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: July 1999 and 9/14/99. Court Reporter: Department 15. (No district court file stamp.) 01-09994
07/06/2001Order/ProceduralFiled Order Denying Motion. On May 3, 2001, attorney Donald J. Green filed a motion to reconsider and vacate sanctions imposed by this court. Mr. Green has not demonstrated that this court should vacate the sanctions orders, and the motion is denied. 01-11410
07/06/2001Other Other. Filed status report of the State Bar of Nevada and Motion to Seal (placed in attorney Donald J. Green's bar file).
07/09/2001Notice/OutgoingIssued Letter. addressed to Rob Bare at the State Bar re: Status Report and Motion to Seal.
07/16/2001MotionFiled Motion to Extend Time. Request for forty-five days. 01-11952
07/17/2001TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 06/29/99; 06/30/99; 07/01/99; and 07/02/99. Court Reporter: Lisa Makowski. 01-12142
07/27/2001Order/ProceduralFiled Order Granting Motion. filed July 17, 2001. In his affidavit in support of the motion, counsel informs this court that he has not yet received the requested transcripts. This court notes that the requested transcripts were filed on July 17, 2001. The fast track statement and appendix shall be filed and served within 30 days of this order. 01-12710
07/27/2001Notice/IncomingFiled Status Report. Supplemental Status Report of the State Bar of Nevada. NOTE: This original document was placed in attorney Green's bar file. No copy was placed in the correspondence file for this case.
09/11/2001Other Returned Unfiled Document. (late and appendix attached.)
09/17/2001MotionFiled Motion to Extend Time. Motion to Allow Late Filing of Amended Fast Track Statement and Appendix. 01-15635
09/21/2001Order/ProceduralFiled Order Granting Motion. filed September 17, 2001. The clerk of this court shall file, forthwith, the fast track statement and appendix provisionally submitted on September 17, 2001. 01-15979
09/21/2001Fast Track BriefFiled Fast Track Statement. 01-15636
09/21/2001AppendixFiled Appendix. Appellant's Appendix to Amended Fast Track Statement. 01-15638
10/04/2001Notice/IncomingFiled Status Report. Final Supplemental Status Report of the State Bar Of Nevada. NOTE: This original document was placed in attorney Green's bar file. No copy was placed in the correspondence file for this case.
10/08/2001Fast Track BriefFiled Fast Track Response. 01-16841
10/23/2001Order/ProceduralFiled Order/Full Briefing. Counsel for appellant filed an amended fast track statement on September 21, 2001. In any future fast track appeals, counsel should include all alleged errors that he intends to raise on appeal in the fast track statement. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 40 days. fn1[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] fn2[We suspend the requirement in NRAP 9 for counsel to file a certified transcript.] Answering brief and reply brief shall be filed in compliance with NRAP 31. 01-17858
01/18/2002Order/ProceduralFiled Order/Briefing Schedule. On October 23, 2001, we entered an order determining that full briefing would assist this court in the disposition of this appeal. The opening brief and appendix were due December 3, 2001. To date, appellant has failed to file the required documents. Appellant shall file and serve the opening brief and, if necessary, supplemental appendix within 15 days from the date of this order, or show cause why sanctions should not be imposed. Respondent shall file and serve the answering brief within 30 days from service of opening brief. Reply brief, if necessary, 30 days thereafter. 02-01260
03/11/2002MotionFiled Motion to Extend Time. Motion for Enlargement of Time to Allow Filing of Opening Brief now Lodged with the Supreme Court Clerk. 02-04398
04/08/2002Order/ProceduralFiled Order Granting Motion. filed March 11, 2002. The clerk shall file the opening brief received on March 1, 2002. Further, the clerk shall file the answering brief received on April 1, 2002. Appellant shall have 30 days from the date of this order to file a reply brief, if any. 02-06180
04/08/2002BriefFiled Opening Brief. Mailed on: Fed Ex 02/28/02. Signed by: Thomas J. Fitzpatrick. 02-03830
04/08/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. Signed by: James Tufteland. 02-05688
05/22/2002Case Status Update Briefing Completed. No reply brief filed.
09/12/2002Order/ProceduralFiled Order/Submit on Briefs. Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 02-15846
09/12/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB
11/21/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB 02-20053
12/17/2002RemittiturIssued Remittitur. 02-20339
12/17/2002Case Status Update Remittitur Issued/Case Closed.
12/30/2002RemittiturFiled Remittitur. Received by County Clerk on December 19, 2002. 02-20339