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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 43950
Short Caption:WEIKEL (JAMES) VS. STATECourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CR011191Classification:Criminal Appeal - Fast Track - Post-Conviction
Disqualifications:HardestyCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:10/20/2004How Submitted:On Record

+ Party Information

Docket Entries
09/15/2004Filing Fee Filing Fee Waived.
09/15/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 04-17021
09/28/2004Order/ProceduralFiled Order/Transmit Record. Record due in District Court Case No. CR01P1191: 90 days. See NRAP 11(a)(2) (the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.) fn1[The record shall not include any physical, non-documentary exhibits or the original documentary exhibits filed in the district court, but copies of documentary exhibits submitted in the district court proceedings shall be transmitted as part of the record on appeal. The record shall also include any presentence investigation reports submitted in this matter. The clerk of the district court shall transmit the reports to this court in a sealed envelope identifying the contents and marked confidential.] Nos. 43928/43950 - cases are not consolidated. 04-17888
10/20/2004Record on Appeal DocumentsFiled Record on Appeal Copy. 04-19418
10/20/2004Case Status Update Submitted for Decision.
11/10/2004Order/ProceduralFiled Order. Upon further review, this court has determined that appellant was represented by Carter R. King during the lower court proceedings, and this appeal is governed by Nevada Rule of Appellate Procedure 3C. Therefore, Carter R. King is hereby ordered to comply with NRAP 3C and file a fast track statement within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. Fn1 [This court previously ordered the transmission of the district court record, and it was filed in this court on October 20, 2004. Accordingly, counsel need not file a new appendix and may utilize the record on appeal filed in the district court. Counsel should note, however, that every reference in citation to the page of the transcript or record on appeal where the matter is found. Further, should either counsel cite to transcripts not previously prepared, counsel shall file and serve a rough draft transcript request for the necessary transcripts pursuant to NRAP 3C(d)(3).] 04-20685
11/16/2004Notice/IncomingFiled Notice. 04-21068
11/30/2004Order/ProceduralFiled Order Denying Motion. On November 16, 2004, appellant's counsel Carter R. King filed a "Notice of Withdrawal of Counsel" which this court construes as a motion to withdraw as counsel of record in this appeal. King may not withdraw until he has fulfilled the obligations placed on trial counsel by NRAP 3C(b). Specifically, counsel must first file a fast track statement. The motion to withdraw is therefore denied. King shall have 30 days from the date of this order to file and serve the fast track statement. 04-21787
11/30/2004Notice/IncomingFiled Notice of Appearance. Representing appellant: Carter R. King. 04-21820
12/09/2004Fast Track BriefFiled Fast Track Statement. FAST TRACK STATEMENT-STRICKEN 01/21/05 ORDER.
12/30/2004MotionFiled Motion. Motion to Dismiss Appeal, or to Strike Fast Track Statement, and to Suspend Briefing Schedule. 04-23722
01/03/2005OtherDisqualification of Justice Hardesty. Sat in district court proceedings.
01/21/2005Order/ProceduralFiled Order. Granting Motion to strike Fast Track Statement. On December 9, 2004, counsel for appellant filed a fast track statement. On December 30, 2004, the State filed a motion to strike the fast track statement. On January 7, 2005, this court received a proposed amended fast track statement from appellant's counsel. The fast track statement filed in this appeal is inadequate. First, the fast track statement does not contain a single reference to the record on appeal. fn1[This appeal was originally docketed as a proper person appeal, and the entire district court record was transmitted to this court on October 20, 2004.] In this court's order of November 10, 2004, this court relieved counsel of the obligation to file an appendix in this appeal because the entire district court record had already been filed in this appeal. Accordingly, the State's motion to strike the fast track statement is granted. The clerk of this court shall strike the fast track statement filed on December 9, 2004, and return unfiled the amended fast track statement provisionally submitted on January 7, 2005. 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 in this appeal. Counsel for appellant shall have 30 days from the date of this order within which to file and serve a fast track statement that comports with the requirements of the rules of appellate procedure. Failure to comply with the orders of this court and the provisions of NRAP 3C may result in the imposition of sanctions. 05-01351
01/21/2005Notice/OutgoingIssued Letter. to attorney Carter R. King. Returned unfiled, the original "Appellant's Amended Fast Track Statement received on January 7, 2005."
01/31/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: July 27, 2001. To Court Reporter: Court Reporter for Dept. 9 Second Judicial Dist. Ct. 05-01944
02/18/2005Fast Track BriefFiled Fast Track Statement. 05-03399
03/10/2005Fast Track BriefFiled Fast Track Response. 05-04812
06/02/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP 05-10768
06/28/2005RemittiturIssued Remittitur. 05-12549
06/28/2005Case Status Update Remittitur Issued/Case Closed.
07/22/2005RemittiturFiled Remittitur. Received by District Court Clerk on June 29, 2005. 05-12549