| Case Information: 43809 | |||
| Short Caption: | SMITH, JR. (WILLIE) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 40590 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C182521 | Classification: | Criminal Appeal - Other - Post-Conviction/Proper Person |
| Disqualifications: | Douglas | Case Status: | Remittitur Issued/Case Closed |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 12/03/2004 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 08/20/2004 | Filing Fee | Filing Fee Waived. | ||
| 08/20/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 04-15067 | |
| 08/23/2004 | Other | Disqualification of Justice Douglas. Sat in district court proceedings. | ||
| 09/01/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. | 04-15952 | |
| 09/20/2004 | 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. 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. On August 20, 2004, this court sent a notice to the parties directing counsel for appellant to file a fast track statement and appendix and counsel for respondent to file a fast track response. The parties shall disregard that notice. This court's review of this appeal reveals that as of the date of this order, the district court has not entered a written order denying appellant's petition. Accordingly, the district court shall have thirty (30) days from the date of this order within which to: (1) enter a written judgment or order or (2) inform this court that it is reconsidering its decision. This court has concluded that its review of the complete record is warranted. The clerk of the district court shall have 90 days from the date of this order within which to transmit to the clerk of this court a certified copy of the complete trial court record of this appeal. fn4[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). 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.] | 04-17311 | |
| 09/27/2004 | Notice of Appeal Documents | Filed District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on September 16, 2004. | 04-17873 | |
| 12/03/2004 | Record on Appeal Documents | Filed Record on Appeal Copy. Vols. 1 and 2. | 04-22124 | |
| 12/03/2004 | Case Status Update | Submitted for Decision. | ||
| 01/20/2005 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Affirmance and Limited Remand to Correct the Judgment of Conviction. We conclude that Smith is not entitled to relief and that briefing and oral argument are unwarranted. "ORDER the judgment of the district court AFFIRMED, and REMAND this matter to the district court for the limited purpose of correcting the judgment of conviction." SNP05-RR/MG/JH | 05-01257 | |
| 02/15/2005 | Remittitur | Issued Remittitur. | 05-01575 | |
| 02/15/2005 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 03/07/2005 | Remittitur | Filed Remittitur. Received by County Clerk on February 18, 2005. | 05-01575 | |