| Case Information: 43950 | |||
| Short Caption: | WEIKEL (JAMES) VS. STATE | Court: | Supreme Court |
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CR011191 | Classification: | Criminal Appeal - Fast Track - Post-Conviction |
| Disqualifications: | Hardesty | Case Status: | Remittitur Issued/Case Closed |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 10/20/2004 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 09/15/2004 | Filing Fee | Filing Fee Waived. | ||
| 09/15/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 04-17021 | |
| 09/28/2004 | Order/Procedural | Filed 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 | |
| 10/20/2004 | Record on Appeal Documents | Filed Record on Appeal Copy. | 04-19418 | |
| 10/20/2004 | Case Status Update | Submitted for Decision. | ||
| 11/10/2004 | Order/Procedural | Filed 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 | |
| 11/16/2004 | Notice/Incoming | Filed Notice. | 04-21068 | |
| 11/30/2004 | Order/Procedural | Filed 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 | |
| 11/30/2004 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Carter R. King. | 04-21820 | |
| 12/09/2004 | Fast Track Brief | Filed Fast Track Statement. FAST TRACK STATEMENT-STRICKEN 01/21/05 ORDER. | ||
| 12/30/2004 | Motion | Filed Motion. Motion to Dismiss Appeal, or to Strike Fast Track Statement, and to Suspend Briefing Schedule. | 04-23722 | |
| 01/03/2005 | Other | Disqualification of Justice Hardesty. Sat in district court proceedings. | ||
| 01/21/2005 | Order/Procedural | Filed 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 | |
| 01/21/2005 | Notice/Outgoing | Issued Letter. to attorney Carter R. King. Returned unfiled, the original "Appellant's Amended Fast Track Statement received on January 7, 2005." | ||
| 01/31/2005 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: July 27, 2001. To Court Reporter: Court Reporter for Dept. 9 Second Judicial Dist. Ct. | 05-01944 | |
| 02/18/2005 | Fast Track Brief | Filed Fast Track Statement. | 05-03399 | |
| 03/10/2005 | Fast Track Brief | Filed Fast Track Response. | 05-04812 | |
| 06/02/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP | 05-10768 | |
| 06/28/2005 | Remittitur | Issued Remittitur. | 05-12549 | |
| 06/28/2005 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 07/22/2005 | Remittitur | Filed Remittitur. Received by District Court Clerk on June 29, 2005. | 05-12549 | |