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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 43994
Short Caption:BACON (JODY) VS. STATECourt:Supreme Court
Related Case(s): 50420
Lower Court Case(s):Clark Co. - Eighth Judicial District - C193141Classification: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:09/14/2006How Submitted:On Briefs

+ Party Information

Docket Entries
09/24/2004Filing Fee Filing Fee Waived.
09/24/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 04-17728
10/12/2004Notice/OutgoingIssued Notice to Transmit Required Document. Judgment of Conviction filed 10/04/04. Due Date: 10 days
10/20/2004Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on October 4, 2004. 04-19377
10/26/2004Other Returned Mail. Notice issued 10/12/04 addressed to Jody Bacon remailed to corrected address.
11/09/2004Order/ProceduralFiled Order. of Limited Remand for Appointment of Counsel. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. The district court shall have 30 days from the date of this order to appoint counsel for appellant. Within 5 days from the date of appointment, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order appointing appellate counsel. 04-20621
01/18/2005Letter/IncomingFiled Letter. from Clark County Clerk. There has not been a hearing set to appoint counsel in this matter. 05-01108
02/08/2005Order/ProceduralFiled Order. Directing District Court to Appoint Appellate Counsel. On November 9, 2004, this court temporarily remanded this matter to the district court for the appointment of appellate counsel. fn1[See Evitts v. Lucey, 469 U.S. 387 (1985). It is clear from the minutes of the proceedings below that appellant is indigent and will require appointed counsel.]On January 18, 2005, this court received a letter from the clerk of the district court indicating that no proceedings had been conducted to appoint counsel, and therefore, the clerk was unable to comply with this court's prior order. This court again directs that the district court shall appoint counsel for appellant within 30 days from the date of this order. The clerk of the district court shall then have 5 days to transmit to the clerk of this court a copy of the district court's written or minute order appointing appellate counsel. 05-02524
02/22/2005Order/IncomingFiled District Court Order. Certified copy of order filed in district court on February 17, 2005. Anthony Sgro is appointed as counsel for appellant. 05-03463
02/22/2005Notice/OutgoingIssued Notice to Appointed Counsel. Docketing statement due: 15 days. Request for transcripts: 15 days. Opening brief: 120 days.
03/11/2005MotionFiled Motion to Extend Time. Motion for Enlargement of Time to file Docketing Statement and Request for Transcripts. 05-04881
03/23/2005Order/Clerk'sFiled Clerk's Order Granting Motion. filed March 11, 2005. Appellant shall have 10 days from the date of this order to file and serve the docketing statement and to comply with NRAP 9. 05-05657
04/04/2005Docketing StatementFiled Docketing Statement. 05-06580
04/04/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 07/30/04, 08/02/04, 08/03/04, 08/04/04, and 09/16/04. To Court Reporter: Jo A. Scott. 05-06582
05/27/2005TranscriptFiled Transcript. Proceedings: Friday, July 30, 2004. Court Reporter: Yvonne M. Valentin. Filed in the district court on May 24, 2005. 05-10497
06/01/2005TranscriptFiled Transcript. Proceedings: 9/16/04. Court Reporter: Jennifer Daly. 05-10695
06/27/2005MotionFiled Motion and Order Extending Time. Brief due: July 22, 2005. 05-12606
08/04/2005Order/ProceduralFiled Order. Regarding Transcripts. On April 4, 2005, appellant filed a transcript request form requesting court reporter Jo A. Scott to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] Our review of the district court minute entries indicates that Gina Shrader was the court reporter for those proceedings. Ms. Scott is not obligated to prepare transcripts for these dates. Ms. Shrader shall have 30 days from the date of this order to prepare and file the requested transcripts for proceedings held on August 2, 2004, August 3, 2004, and August 4, 2004. If more time is needed, Ms. Shrader shall, within the same time period, file a motion requesting an extension of time. If the requested transcripts cannot be produced, Ms. Shrader shall notify this court, in writing, of this fact. Appellant's opening brief and appendix were due to be filed on July 22, 2005. To allow appellant sufficient time to review the transcripts prior to preparing and filing the opening brief, appellant shall have 50 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 05-15454
09/19/2005TranscriptFiled Transcript. Proceedings: 08/02/04. Court Reporter: Gina M. Shrader. 05-18575
09/26/2005MotionFiled Stipulation and Order. Brief due: October 24, 2005. 05-19112
11/07/2005MotionFiled Motion to Extend Time. Issued Notice to Provide Proof of Service. 05-21956
11/14/2005Notice/IncomingFiled Proof of Service. Certificate of Mailing Motion to Extend the Deadline for filing of Opening Brief and Appendix. 05-22374
11/28/2005Order/ProceduralFiled Order Granting Motion. Order Regarding Transcripts and Granting Extension of Time. Transcripts from court reporter Gina Shrader due: 10 days. Failure to comply with this order may result in the imposition of sanctions, including monetary sanctions and referral to the Certified Shorthand Reporters Board of Nevada. Opening brief and appendix due: 30 days. 05-23205
12/30/2005MotionFiled Motion to Extend Time. 05-25465
01/17/2006Order/ProceduralFiled Order Granting Motion. Order Imposing Sanctions on Court Reporter, Directing Court Reporter to file Transcripts, and Granting Extension of time. We conclude that court reporter Gina Shrader's failure to file the transcripts or to otherwise communicate with this court, warrants the imposition of sanctions. Ms. Shrader shall personally pay the sum of $100.00 to the Supreme Court Law Library within 20 days from the date of this order and shall file proof of payment with this court indicating that she has paid the sanction. In addition, we refer this matter to the Certified Shorthand Reporters Board of Nevada for investigation of whether Ms. Shrader's conduct warrants further disciplinary action. Transcripts due: 10 days. Failure to comply with our appellate rules and orders may result in the imposition of additional sanctions. We grant appellant's motion for an extension of time. Opening brief and appendix due: 30 days. 06-01062
01/27/2006TranscriptFiled Transcript. Proceedings: 08/04/04. Court Reporter: Gina Shrader. 06-02046
01/31/2006Other Returned Mail. Order filed 01/17/06 addressed to Nevada Certified Court Reporters Board remailed to corrected address.
02/21/2006BriefFiled Opening Brief. 06-03825
02/21/2006AppendixFiled Appendix to Opening Brief. Vols. 1 and 2. 06-03826
03/14/2006Order/ProceduralFiled Order. We note that appellant included a copy of the August 3, 2004, transcript in the appendix to the opening brief. Ms. Shrader is not longer obligated to file such a transcript in this court. Ms. Shrader shall have 10 days to file proof that she has paid the $100.00 sanction to the Supreme Court Law Library. Failure to timely comply with this order may result in the imposition of additional sanctions. 06-05490
03/23/2006MotionFiled Motion to Dismiss Appeal. 06-06220
04/03/2006Letter/IncomingFiled Letter. (copy) from Certified Court Reporters Board addressed to court reporter Gina Shrader re: payment of sanction. 06-06963
04/10/2006MotionFiled Motion to Extend Time. to for Filing of Opposition to the State's Motion to Dismiss. 06-07504
04/28/2006Notice/IncomingFiled Proof of Payment of Sanction. $100 paid to the Supreme Court Law Library by Court Reporter Gina M. Shrader. 06-09009
05/03/2006Order/ProceduralFiled Order Granting Motion. Opposition to Motion to Dismiss due: 10 days. 06-09296
05/08/2006MotionFiled Response to Motion. Opposition. 06-09600
07/06/2006Order/ProceduralFiled Order Denying Motion. to dismiss. The State shall have 20 days from the date of this order to file and serve the answering brief. 06-13904
08/01/2006BriefFiled Answering Brief. 06-15969
08/01/2006AppendixFiled Appendix to Answering Brief. 06-15970
09/08/2006Case Status Update Briefing Completed. No reply brief filed.
09/14/2006Order/ProceduralFiled Order/Submit on Briefs. Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order on the briefs filed herein. 06-18995
09/14/2006Case Status Update Submitted for Decision.
10/19/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP07-NB/JH/RP 06-21524
11/15/2006RemittiturIssued Remittitur. 06-22904
11/15/2006Case Status Update Remittitur Issued/Case Closed.
11/28/2006RemittiturFiled Remittitur. Received by County Clerk on November 17, 2006. 06-22904