| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 08/09/2004 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | | |
| 08/09/2004 | Filing Fee | Filing Fee Waived. | | |
| 08/09/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | | 04-14431
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| 08/16/2004 | Transcript | Filed Transcript. Proceedings: October 15, 2003, 8:30 a.m. Court Reporter: Lisa Makowski. | | 04-14767
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| 10/06/2004 | Order/Procedural | Filed Order. To date, no fast track statement has been filed. Appellant's counsel Gabriel L. Grasso shall file and serve the fast track statement and appendix within 10 days of the date of this order or show cause why counsel for appellant should not be sanctioned.
10/22/04 ORDER: THE OCTOBER 6, 2004 ORDER IS VACATED. | | 04-18452
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| 10/08/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. | | 04-18681
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| 10/22/2004 | Order/Procedural | Filed Order. When this appeal was docketed, it appeared that appellant was represented by attorney Gabriel L. Grasso. Accordingly, when appellant filed his proper person notice of appeal, this court sent a notice to Grasso informing him that this appeal is subject to the provisions of NRAP 3C, and ordering Grasso to file the fast track statement. fn1[On October 6, 2004, this court entered an order directing Grasso to file a fast track statement and appendix. That order is hereby vacated.] Upon further review, this court has determined that appellant was acting in proper person in the district court, and Grasso was actually standby counsel. Because appellant was acting in proper person, this appeal is not subject to the provisions of NRAP 3C. 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 from the date of this order to appoint counsel for appellant. Otherwise, within 30 days from the date of this order, the district court shall order that appellant must retain counsel and that retained counsel must enter an appearance in the district court on appellant's behalf within 30 days from the date of the district court's order. Within 5 days from the appointment or appearance of counsel, the district court clerk shall transmit to the clerk of this court: (1) a copy of the district court's written or minute order appointing appellate counsel; or (2) a copy of the notice of appearance filed by retained counsel. | | 04-19613
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| 12/03/2004 | Order/Procedural | Filed Order. Docket No. 43751 is an appeal from a judgment of conviction, upon a jury verdict in district court case no. C173682, of trafficking in a controlled substance. The district court entered a written judgment of conviction on August 16, 2004. Docket No. 44250 is a proper person appeal from a written order entered by the district court on October 15, 2004, memorializing the district court's prior, oral denial of appellant's proper person, presentence motion for a new trial in the same district court case. fn1[It appears that the district court entered the written order of October 15, 2004, in response to an order issued by this court on September 20, 2004, in a separate appeal presently pending in this court in Docket No. 43809. Docket No. 43809 is a separate appeal from an order of the district court denying appellant's post-conviction petition for a writ of habeas corpus in district court case no. C182521. A written order denying appellant's post-conviction habeas petition in that matter was entered by the district court on September 16, 2004.] Any and all issues respecting the district court's denial of the motion for a new trial in district court case no. C173682 can be asserted in the context of the direct appeal from the judgment of conviction presently pending in Docket No. 43751. Thus, the appeal in Docket No. 44250 was unnecessarily docketed in this court as a separate proceeding. Accordingly, the clerk of this court shall administratively close the appeal in Docket No. 44250 and transfer all documents filed or received in that matter to Docket No. 43751. fn2[On October 22, 2004, this court remanded the appeal in Docket No. 43751 to the district court for the limited purpose of appointing counsel to represent appellant in this court. To date, this court has not received notice that the district court has appointed appellate counsel for appellant.] Nos. 43751/44250 – cases are not consolidated. | | 04-22061
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| 12/03/2004 | Other | Other. 12/03/04 Order: transferred original documents from Docket No. 44250 to Docket No. 43751:
11/15/04 Filing Fee Waived: Criminal.clerk7
11/15/04 Filed Certified Copy of proper person Notice of Appeal. Appeal docketed in the Supreme Court this day.clerk7 | | |
| 12/09/2004 | Order/Incoming | Filed District Court Order. Filed copy of order filed in district court on November 29, 2004 appointing Anthony P. Sgro of the law firm of Patti & Sgro as counsel for appellant. | | 04-22513
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| 12/09/2004 | Notice/Outgoing | Issued Notice to Appointed Counsel. Docketing statement due: 15 days. Request for transcripts: 15 days. Opening brief: 120 days | | |
| 12/17/2004 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on December 14, 2004, enclosing a copy of minute order. Anthony P. Sgro appointed as counsel for appellant on 12/7/04. | | 04-23071
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| 01/04/2005 | Motion | Filed Motion to Extend Time. (Docketing Statement and Transcript Request) First Request. | | 05-00204
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| 01/04/2005 | Transcript Request | Received Request for Transcript of Proceedings. Transcripts Requested: April 13-15, 2004 and August 3, 2004. Court Reporter: Tessa Heishman and Jo A. Scott. | | 05-00211
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| 01/14/2005 | Motion | Filed Motion. Attorney Anthony P. Sgro. | | 05-00863
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| 03/22/2005 | Order/Procedural | Filed Order. Filing Transcript Request Form, Directing Appellant to file Docketing Statement, and Denying Counsel's Motion to Withdraw. The clerk of this court shall file the transcript request form received on January 4, 2005. The docketing statement was not properly completed and did not indicate that it was served on respondent's counsel. Appellant's counsel shall have 10 days from the date of this order to file and serve a properly completed docketing statement. Failure to comply timely with this order may result in the imposition of sanctions against Mr. Sgro. We deny Mr. Sgro's motion to withdraw. Mr. Sgro shall prosecute this appeal to the best of his ability, notwithstanding the bar complaint filed against him by appellant. | | 05-05539
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| 03/22/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: April 13-15, 2004 and August 3, 2004. To Court Reporters: Tessa Heishman and Jo A. Scott. | | 05-00211
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| 03/22/2005 | Notice/Outgoing | Issued Letter. to attorney Anthony P. Sgro. Returned unfiled, "Handwritten Docketing Statement received on January 4, 2004." | | |
| 04/04/2005 | Docketing Statement | Filed Docketing Statement. | | 05-06585
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| 04/04/2005 | Motion | Filed Stipulation and Order. Brief due: May 9, 2005. | | 05-06586
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| 05/09/2005 | Motion | Filed Motion to Extend Time. Motion for Enlargement of Time, First Request. (second request-30 days requested) | | 05-08988
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| 05/23/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: April 13-15, 2004 and August 3, 2004. To Court Reporter: Tessa Heishman and Jo A. Scott. | | 05-10071
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| 06/06/2005 | Order/Procedural | Filed Order. to File Transcripts and Granting Motion for Extension of Time. To date, Ms. Heishman and Ms. Scott have not filed the requested transcripts. Ms. Heishman and Ms. Scott shall have 20 days from the date of this order to prepare and file the requested transcripts for April 13, 2004, April 14, 2004, April 15, 2004, and August 3, 2004. If more time is needed to complete the preparation of the transcripts, Ms. Heishman and Ms. Scott shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. See NRAP 9(c). If the requested transcripts cannot be produced, Ms. Heishman and Ms. Scott shall notify this court, in writing, of this fact. Appellant has moved for a second extension of time to file the opening brief and appendix. In support of the motion, appellant's counsel states that he has not received the requested transcripts. Cause appearing, we grant the unopposed motion. See NRAP 31(a)(1). Appellant shall have 30 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). | | 05-10989
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| 07/25/2005 | Motion | Filed Motion to Extend Time. Motion for Enlargment of Time-Second Request. | | 05-14682
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| 08/10/2005 | Transcript | Filed Transcript. Proceedings: 4/13/04 and 4/14/04. Court Reporter: Jo A. Scott. | | 05-15781
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| 08/26/2005 | Order/Procedural | Filed Order. To file Transcripts and Granting Motion for Extension of Time. On August 10, 2005, Ms. Scott filed certified copies of transcripts for proceedings conducted on April 13, 2004, and April 14, 2004. To date, however, the transcripts for April 15, 2004, and August 3, 2004, have not been filed with this court. Ms. Heishman and Ms. Scott shall have 20 days from the date of this order to prepare and file the requested transcripts for April 15, 2004, and August 3, 2004. Appellant has moved for a third extension of time to file the opening brief and appendix. Appellant shall have 30 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). This 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. | | 05-16970
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| 09/19/2005 | Transcript | Filed Transcript. Proceedings: 08/03/04. Court Reporter: Gina Shrader. | | 05-18577
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| 09/28/2005 | Brief | Filed Opening Brief. | | 05-19254
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| 09/28/2005 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 3. | | 05-19257
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| 10/11/2005 | Brief | Filed Amended Brief. Amended Opening Brief. | | 05-20139
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| 10/11/2005 | Appendix | Filed Appendix to Opening Brief. Appendix to Amended Opening Brief. | | 05-20140
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| 10/12/2005 | Transcript | Filed Transcript. Proceedings: April 14, 2004. Court Reporter: Jo A. Scott. | | 05-20245
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| 10/13/2005 | Transcript | Filed Transcript. Proceedings: February 27, 2001. Court Reporter: Gina M. Shrader. | | 05-20259
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| 10/26/2005 | Brief | Filed Answering Brief. | | 05-21252
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| 10/26/2005 | Appendix | Filed Appendix to Answering Brief. | | 05-21253
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| 12/05/2005 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 12/21/2005 | Transcript | Filed Rough Draft Transcript of Proceedings. Proceedings: 04/15/04. Court Reporter: Tessa Heishman. | | 05-24816
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| 01/03/2006 | Order/Procedural | Filed Order. Regarding Rough Draft Transcript. This appeal is not subject to the fast track provisions of NRAP 3C. Ms. Heishman filed a rough draft copy of the transcript conducted on April 15, 2004. In the interest of judicial efficiency, we shall consider the rough draft transcript unless either party objects within 10 days of the date of this order. | | 06-00082
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| 02/15/2006 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. | | 06-03391
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| 02/15/2006 | Case Status Update | Submitted for Decision. | | |
| 03/14/2006 | Order/Procedural | Filed Order. Regarding Proper Person Document. Appellant has submitted a proper person motion. fn1[We direct the clerk to file the proper person document received on February 13, 2006. We decline to grant appellant permission to file additional documents in proper person. The clerk shall return, unfiled, any future proper person documents submitted to this court.] We deny any and all relief requested in appellant's proper person document. | | 06-05481
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| 03/14/2006 | Motion | Filed Proper Person Motion. Motion to Reopen Direct Appeal due to Ineffective Assistance of Appellate Counsel. | | 06-03126
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| 05/02/2006 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH | | 06-09177
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| 05/30/2006 | Remittitur | Issued Remittitur. | | 06-09560
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| 05/30/2006 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 06/07/2006 | Remittitur | Filed Remittitur. Received by County Clerk on June 1, 2006. | | 06-09560
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