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United States Court Cases

Nevada Supreme/Appellate Court Record

EBELING (GREGG) VS. STATE

Case Information: 38315
Short Caption:EBELING (GREGG) VS. STATECourt:Supreme Court
Related Case(s): 50782
Lower Court Case(s):Washoe Co. - Second Judicial District - CR000594Classification: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:02/24/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/14/2001Filing Fee Filing Fee Waived.
08/14/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-13829
08/17/2001Letter/IncomingFiled Letter. from attorney Mary Lou Wilson enclosing copy of district court order filed 8/14/01 allowing her to withdraw as counsel and appointing the Washoe County Public Defender to represent appellant. Docketing statement was hand delivered to Chief Appellate Deputy Public Defender. 01-14021
08/20/2001Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on August 14, 2001, appointing Washoe County Public Defender as counsel for appellant. 01-14072
08/27/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: May 14, 15, 16, 17, 18, and 21, 2001. To Court Reporters: E. Nelson, K. Yates, D. Phipps, and C. Wolden. 01-14433
08/27/2001Docketing StatementFiled Docketing Statement. 01-14435
09/11/2001TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: October 31, 2001. Court Reporter: Corrie L. Wolden. 01-15342
09/26/2001TranscriptFiled Transcript. Proceedings: 10/26/00; 5/14/01; 5/15/01; 5/16/01; 5/16/01 (sealed); 5/17/01; 5/18/01; 5/21/01;7/30/01. Court Reporters: Eric V. Nelson, Denise Phipps, Karen Yates. 01-16257
12/17/2001MotionFiled Stipulation and Order. Brief due: January 11, 2002. 01-21154
01/14/2002MotionFiled Motion to Extend Time. 02-00896
01/17/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed January 14, 2002. Appellant shall file and serve the opening brief and appendix by February 11, 2002. 02-01158
01/22/2002MotionFiled Motion. Motion to Withdraw as Counsel on Appeal Due to a Conflict of Interest and Request for Appointment of New Counsel and for a Stay of Proceedings pending the Outcome of This Motion. 02-01350
02/11/2002MotionFiled Motion to Extend Time. 02-02634
02/22/2002Order/ProceduralFiled Order Granting Motion. On January 22, 2002, Washoe County Deputy Public Defender Cheryl D. Bond filed a motion to withdraw as counsel for appellant and to appoint new counsel for appellant. Cause appearing, we grant the unopposed motion. We remand this appeal for the limited purpose of securing counsel for appellant. The district court shall have 30 days from the date of this order to appoint new counsel for appellant. Within 5 days from the date of appointment of counsel, the district court clerk shall: (1) transmit to the clerk of this court, a copy of the district court's written or minute order; and (2) serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court. New counsel shall file and serve the opening brief and appendix within 60 days from the date upon which counsel is required to file a notice of appearance with this court. On February 11, 2002, appellant, through Ms. Bond, filed a motion for an extension of time to file the opening brief and appendix. Because we grant Ms. Bond's motion to withdraw, we deny, as moot, the motion for an extension of time. 02-03409
04/30/2002Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on March 26, 2002, appointing Washoe County Public Defender as counsel for appellant. 02-07583
05/06/2002MotionFiled Motion. Notice from Washoe Co. Public Defender--they were removed as counsel, and re-appointed by the district court. 02-07878
05/30/2002Order/ProceduralFiled Order. Because we have already determined that the Washoe County Public Defender's Office is disqualified from representing appellant in this appeal, we again remand this appeal for the limited purpose of securing counsel for appellant. The district court shall have 30 days from the date of this order to appoint new counsel for appellant. Within 5 days from the date of appointment of counsel, the district court clerk shall: (1) transmit to the clerk of this court, a copy of the district court's written or minute order; and (2) serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court. New counsel shall file and serve the opening brief and appendix within 60 days from the date upon which counsel is required to file a notice of appearance with this court. 08/28/02 ORDER: ORDER OF 5/30/02 VACATED. 02-09407
08/28/2002Order/ProceduralFiled Order. Vacating Prior Order and Reinstating the Washoe County Public Defender as Appellate Counsel. In a recent letter dated August 14, 2002, and addressed to Chief Justice Maupin and Justice Rose, Chief Judge Hardesty of the Second Judicial District Court has now requested this court to reconsider its order of May 30, 2002. fn1[The clerk of this court shall place Chief Judge Hardesty's letter of August 14, 2002, in this court's official correspondence file of these proceedings.] Having now been fully informed that due to changed circumstances, the Office of the Washoe County Public Defender is no longer disqualified in this matter, this court hereby vacates its order of May 30, 2002. The district court's prior order of March 26, 2002, re-appointing the Washoe County Public Defender to represent appellant in the instant proceedings before this court shall be given full force and effect. The public defender shall have 60 days from the date of this order to file and serve the opening brief and appendix. 02-14804
09/17/2002Order/ProceduralFiled Order. On August 28, 2002, this court entered an order that reinstated the Washoe County Public Defender as appellate counsel. Because appellant is represented by counsel in this appeal, we direct the clerk of this court to return, unfiled, the proper person documents received on June 21, 2002, and September 3, 2002. Appellant shall address all concerns regarding this appeal to counsel, and shall proceed through counsel in the prosecution of this appeal. 02-16172
09/17/2002Notice/OutgoingIssued Letter. to appellant Gregg Ebeling. Returned unfiled, the original proper person "In Response to the Second Judicial District Courts Order" received on June 21, 2002, and "In Response to the Second Judicial District Courts Order" received on September 3, 2002.
10/23/2002MotionFiled Motion and Order Extending Time. Brief due: November 27, 2002. 02-18382
12/02/2002MotionFiled Motion to Extend Time. 02-20520
12/03/2002Order/ProceduralFiled Order Granting Motion. filed December 2, 2002. Appellant shall have until December 27, 2002, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 02-20631
12/30/2002MotionFiled Motion to Extend Time. 02-22180
01/02/2003Order/ProceduralFiled Order Granting Motion. filed December 30, 2002. Appellant shall have until January 27, 2003, to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-00064
01/24/2003MotionFiled Motion. Motion Requesting the Court to Direct the Clerk of the Second Judicial District Court to Forward Certain Pages from the Exhibits Held with the Evidence in CR00-0594. 03-01297
01/24/2003MotionFiled Motion. Motion Requesting the Court to Direct the Clerk of Second Judicial District Court to Forward the Videotapes (Exhibits 45 A,B, and C) and Corresponding Transcripts (Exhibits 31 A, B, and C) Held with the Evidence in CR00-0594). 03-01298
01/24/2003MotionFiled Motion for Excess Pages. Motion for Leave to File Open Brief in Excess on 30 Pages (67 pages). 03-01302
01/24/2003MotionFiled Motion. Motion for Court to Review Sealed Exhibit or in the Alternative to Order Second Judicial District Court to Allow Counsel to Review Sealed Document for Purpose to Determining need for Supplemental Brief. 03-01303
01/29/2003MotionFiled Response to Motion. Oppsition to Motion for Court to Review Sealed Exhibit or in the Alternative to Allow counsel to Review the Sealed Exhibit. 03-01579
01/29/2003MotionFiled Response to Motion. Opposition to Motion Respecting the Forwarding of Certain Pages from Exhibits held in Evidence. 03-01590
01/29/2003MotionFiled Response to Motion. Opposition to Motion Regarding Videotapes and Corresponding Transcripts. 03-01591
04/18/2003Order/ProceduralFiled Order. And Directing Transmission of Original Exhibits. The clerk of the district court shall have 30 days from the date of this order to certify and transmit, in their entirety, Exhibits 2, 4, 10, 25 and 44. The clerk of the district court shall have 30 days from the date of this order to certify and transmit the original videotaped interviews marked as Exhibits 45 B, C and D and the corresponding transcripts of those interviews marked as Exhibits 31 B, 3 and D. We grant appellant's motion to transmit Exhibit B for this court's review and we deny appellant's alternative request for relief. The clerk of the district shall have 30 days from the date of this order to certify and transmit the ORIGINAL SEALED EXHIBIT marked as Exhibit B. The clerk of this court shall file the 67-page opening brief and appendix received on January 24, 2003. Respondent shall have 30 days from the date of this order to file the answering brief. Appellant shall have 30 days from service of the answering brief to file a reply brief. 03-06675
04/18/2003BriefFiled Opening Brief. Mailed on: UPS 01/23/03. 03-01305
04/18/2003AppendixFiled Joint Appendix. Volumes 1 through 3. 03-01306
05/16/2003MotionFiled Stipulation and Order. Brief due: June 18, 2003. 03-08372
06/17/2003BriefFiled Answering Brief. 03-10094
07/22/2003MotionFiled Stipulation and Order. Brief due: August 15, 2003. 03-12337
08/18/2003MotionFiled Motion to Extend Time. 03-13727
08/21/2003Order/ProceduralFiled Order Granting Motion. filed August 18, 2003. Appellant shall have until September 15, 2003, to file and serve the reply brief. 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. 03-14150
09/15/2003MotionFiled Motion to Extend Time. 03-15415
10/13/2003Order/ProceduralFiled Order. Denying Proper Person Motion and Granting Extension of time to file Reply Brief. On August 20, 2003, appellant Gregg Ebeling submitted a proper person motion requesting an extension of time to file a reply brief, removal of his current counsel and appointment of new counsel. Appellant has neither sought nor been granted leave to file documents in proper person. See NRAP 46(b). Because we address this motion on its merits, we direct the clerk to file the motion received on August 20, 2003. We deny appellant's motion to remove and substitute appointed counsel. Because appellant is represented by counsel, we deny appellants motion for an extension of time to file a reply brief. We grant the motion filed on September 15, 2003. Appellant shall have until October 15, 2003, to file and serve the reply brief. 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. 03-16962
10/13/2003MotionFiled Proper Person Motion. Letter (motion) requesting an extension of time to file the reply brief and for Dennis Widdis to be appointed as counsel. 03-14033
10/17/2003BriefFiled Reply Brief. 03-17318
02/24/2004Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 04-03515
02/24/2004Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP04-NB/DA/MG.
06/15/2004Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed in part, reversed in part and remanded." Before Becker, Agosti and Gibbons, JJ. Author: Per Curiam. 120 Nev. Adv. Opn. No. 45. NNP04 04-10950
07/13/2004RemittiturIssued Remittitur. Returned Exhibits: 2,4,10,25 and 44; Exhibits 45 A,B,C and D -- original videotaped interviews; Exhibts 31A, 31B, 31C and 31D (transcripts of those interviews); and Exhibit B -- Original SEALED exhibit this day. 04-11444
07/13/2004Case Status Update Remittitur Issued/Case Closed.
07/30/2004RemittiturFiled Remittitur. Received by County Clerk on Juky 14, 2004. 04-11444