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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 41638
Short Caption:GEORGE (DONALD) VS. STATECourt:Supreme Court
Related Case(s): 40685 , 47675 , 52807 , 74014
Lower Court Case(s):Clark Co. - Eighth Judicial District - C066403Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:10/10/2005 at 2:00 PMOral Argument Location:William S. Boyd School of Law - UNLV
Submission Date:10/10/2005How Submitted:After Oral Argument

+ Party Information

Docket Entries
06/25/2003Filing Fee Filing Fee Waived.
06/25/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 03-10661
07/09/2003Order/ProceduralFiled Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. Otherwise, the district court shall order that, within thirty 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance 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 of remand on appellant's counsel. Thereafter, counsel shall have ten (10) days within which to file a notice of appearance with the clerk of this court. fn2-[All filing deadlines, including those set forth in NRAP 9, NRAP 14, and NRAP 31(a)(1), shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court.] 03-11477
07/15/2003Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on 7/10/03 enclosing a copy of minute order. Terrence Jackson appointed as counsel for appellant on 7/2/03. 03-11879
09/02/2003MotionFiled Motion. 03-14727
03/09/2004Order/ProceduralFiled Order Denying Motion. to Withdraw as Counsel of Record. On July 2, 2003, the district court appointed attorney Terrence M. Jackson as appellant's counsel. Attorney Jackson has now moved this court to withdraw as appellant's counsel of record. Jackson has appended to his motion copies of documents that appellant submitted to this court in proper person requesting to withdraw or voluntarily dismiss his appeal. fn2[Although appellant is represented by counsel in this matter, under the unusual circumstances presented, we direct the clerk of this court to file the proper person documents submitted on July 14, 2003, and July 22, 2003l Appellant shall present all future concerns to his counsel of record and shall hereafter proceed in this court only by and through counsel. We direct the clerk of this court to return to appellant unfilled any future proper person documents appellant may submit.] First, we deny counsel's motion to withdraw as counsel of record. An indigent criminal defendant's uncooperative attitude does not merit the appointment of substitute counsel. Second, appellant's proper person requests to dismiss this appeal reflect a fundamental lack of understanding regarding the legal effects and consequences of such a dismissal. Therefore, because the voluntary dismissal of a criminal appeal involves a waiver of important constitutional rights, this court prefers that a request for such action be accompanied by the affidavit of appellant or appellant's counsel reciting that counsel has explained to appellant the legal effects and consequences of a dismissal of the appeal and that appellant nonetheless knowingly and voluntarily consents to the dismissal. Accordingly, attorney Jackson shall have 30 days from the date of this order within which to fully advise appellant of the legal effects and consequences of a voluntary dismissal of this appeal and within which to file an affidavit notifying this court of whether appellant nonetheless continues to insist upon dismissing his appeal knowingly and voluntarily. In the event that appellant still elects to dismiss his appeal, counsel shall supplement appellant's proper person requests to dismiss with an affidavit containing the declarations noted above. We defer ruling on appellant's proper person requests, and we suspend the briefing schedule in this appeal pending our receipt and consideration of counsel's response to this order. 04-04435
03/09/2004Other Incoming DocumentFiled Proper Person Document. Notice to Withdraw from Appeal. 03-11840
03/09/2004MotionFiled Proper Person Motion. Motion of Appellant to Withdraw from Criminal direct Appeal. 03-11842
03/09/2004MotionFiled Proper Person Motion. Notice to Withdraw from Appeal; Motion of Appellant to Withdraw from Criminal Direct Appeal. 03-12331
04/02/2004MotionFiled Motion to Extend Time. Motion for Leave to Have Additional Time to Respond to Supreme Court Order Denying Motion to Withdraw. 04-06124
04/05/2004Notice/IncomingFiled Notice of Change of Address. Attorney Terrence M. Jackson. 04-06261
04/06/2004Order/ProceduralFiled Order Granting Motion. filed April 2, 2004. Appellant's counsel shall have to and including May 28, 2004, to comply with the directives of this court's order of March 9, 2004. 04-06293
04/22/2004MotionFiled Motion. Motion to Remand to District Court. 04-07490
05/26/2004Other Returned Unfiled Document. Original document entitled, "Affidavit of Appellant."
05/27/2004Order/ProceduralFiled Order. Terrence M. Jackson has moved this court to remand this matter to the district court for the purpose of determining appellant's competency to waive his right to appeal. Cause appearing, we grant the motion and remand this matter to the district court for the limited purpose of conducting whatever evidentiary proceedings the district court deems necessary to determine whether appellant is presently competent to proceed with this appeal or to knowingly and voluntarily waive his right to proceed with the appeal. In addressing these concerns, the district court shall determine whether appellant has "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational and factual understanding of the proceedings." The district court shall have 180 days from the date of this order within which to enter and transmit to this court specific written findings of fact addressing the foregoing concerns. 11/30/04 ORDER: WE VACATE OUR PRIOR ORDER OF MAY 27, 2004. 04-09756
05/27/2004MotionFiled Motion. 04-09842
06/09/2004Order/ProceduralFiled Order Denying Motion. Attorney Terrence M. Jackson has filed a second motion requesting permission to withdraw as counsel of record for appellant. This court has now remanded this matter to the district court for a determination of appellant's competency to waive his right to appeal. Counsel's motion to withdraw at this stage of these proceedings is hereby denied. Upon the conclusion of the proceedings on remand, however, and after counsel has ascertained with certainty the availability of a record on appeal, counsel may renew his motion to withdraw. 04-10641
06/23/2004Notice/IncomingFiled Substitution of Attorneys. Linda Marie Bell, Assistant Public Defender in place of Terrence M. Jackson as counsel for appellant. 04-11447
06/25/2004Order/ProceduralFiled Order Granting Motion. to substitute. Linda Marie Bell, Assistant Federal Public Defender shall hereafter proceed as counsel of record for appellant in the proceedings in this court, as well as in the proceedings that this court directed the district court to conduct respecting appellant's competency to waive his appeal. 04-11689
11/05/2004Order/ProceduralFiled Order/Status Report. Attorney Bell shall have 15 days from the date of this order within which to file in this court and serve upon respondent and the district court a report regarding the status of this appeal. Given unusual circumstances resulting in the extraordinary delay at issue in this appeal, this court expects this appeal to be litigated without unnecessary or unjustified further delay. 04-20392
11/22/2004Notice/IncomingFiled Status Report. 04-21448
11/30/2004Order/ProceduralFiled Order. Vacating Prior Order and Granting Extension of Time. On November 5, 2004, this court directed appellant's counsel to file and serve a report regarding the status of this appeal. Counsel has now notified this court that: appellant no longer wishes to withdraw his appeal; the competency hearing this court ordered the district court to conduct is no longer necessary; and with the exception of missing transcripts, counsel has assembled "all available records necessary to complete [this] appeal." Counsel further seeks a brief extension of time within which to prepare and file the opening brief. Under these circumstances, we vacate our prior order of May 27, 2004, remanding this matter to the district court for the limited purpose of determining appellant's competence to waive this appeal. Appellant's counsel shall have to and including December 22, 2004, within which to file and serve the opening brief and appendix. 04-21794
12/23/2004Order/ProceduralFiled Order. in light of this court's order of November 30, 2004, all proper person matters received or filed to date in this appeal are hereby denied as moot. 04-23407
12/27/2004BriefFiled Opening Brief. 04-23528
12/27/2004AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 04-23529
01/31/2005BriefFiled Answering Brief. 05-02011
03/02/2005BriefFiled Reply Brief. 05-04062
09/01/2005Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on October 10, 2005, at 1:30 p.m. (SNP06-WM/MG/JH)
09/26/2005Notice/OutgoingIssued Notice Rescheduling Oral Argument. Oral Argument is rescheduled for 30 minutes on October 10, 2005, at 2:00 p.m. (SNP06-WM/MG/JH)
10/10/2005Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP06-WM/MG/JH
01/19/2006Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before Maupin, Gibbons and Hardesty, JJ. Author: Maupin, J. We concur: Gibbons, J. and Hardesty, J. 122 Nev. Adv. Opn. No. 1. SNP06 06-01267
02/14/2006RemittiturIssued Remittitur. 06-01433
02/14/2006Case Status Update Remittitur Issued/Case Closed.
03/02/2006RemittiturFiled Remittitur. Received by County Clerk on February 16, 2006. 06-01433