judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

BISHOP (TOBY) VS. STATE

Case Information: 43458
Short Caption:BISHOP (TOBY) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C170773Classification:Criminal Appeal - Fast Track - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/17/2004Filing Fee Filing Fee Waived.
06/17/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 04-11122
08/05/2004MotionFiled Motion to Extend Time. 04-14205
08/16/2004MotionFiled Motion to Extend Time. (Second Motion). 04-14751
08/17/2004Order/ProceduralFiled Order Denying Motion. On August 5, 2004, counsel for appellant filed a motion for an extension of time to file the fast track statement. This court concludes that appellant has not demonstrated extreme need or merit, and the motion is therefore denied. Counsel for appellant shall have 15 days from the date of this order to file and serve the fast track statement and appendix. 04-14821
09/01/2004Order/ProceduralFiled Order re: Entry Written Judgment or Order. The district court shall have 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. In the event the district court enters a written judgment or order (or has already entered a written judgment or order of which this court is unaware), the clerk of the district court shall immediately transmit a certified copy of the judgment or order to the clerk of this court. fn2[Counsel for appellant shall have 20 days from the entry of the order within which to file and serve the fast track statement and appendix.] 04-15892
09/16/2004Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of Findings of Fact, Conclusions of Law, and Order Denying Defendant's Petition for Writ of Habeas Corpus filed in district court on August 23, 2004. 04-17089
11/01/2004Order/ProceduralFiled Order. On September 1, 2004, this court ordered appellant's counsel William J. Taylor to file the fast track statement within 20 days of the district court's entry of the order denying appellant's petition. A copy of the district court order was filed in this court on September 16, 2004. fn1[The order was actually entered by the district court on August 23, 2004.] To date, no fast track statement has been filed. Taylor shall file the fast track statement and appendix within 10 days of the date of this order, or this court will order Taylor to appear personally before a single justice of this court and show cause why he should not be held in contempt and sanctioned further, including referral to the State Bar. 04-20085
12/13/2004Order/ProceduralFiled Order. On September 1, 2004, this court ordered appellant's counsel William J. Taylor to file the fast track statement within 20 days of the district court's entry of the order denying appellant's petition. A copy of the district court order was filed in this court on September 16, 2004. Because no fast track statement was filed, on November 1, 2004, this court ordered Taylor to file the fast track statement on or before November 12, 2004. Taylor was warned that failure to file the fast track statement would result in this court ordering Taylor to appear personally and show cause why he should not be sanctioned further and referred to the State Bar of Nevada. Taylor has failed to file the fast track statement and appendix, or to respond to this court's order of November 1, 2004, or otherwise communicate with this court regarding this appeal. Cause appearing, Taylor is ordered to appear personally before this court on December 21, 2004, at 9:30 a.m., in Carson City. Taylor shall be prepared to show cause why he should not be held in contempt and referred to the State Bar of Nevada for investigation and imposition of appropriate discipline based on Taylor's neglect of this matter and disregard of this court's orders. Any evidence which Taylor desires to present on his behalf shall be filed in affidavit form on or before December 17, 2004. Fn1[The order was actually entered by the district court on August 23, 2004]. 04-22692
12/20/2004Notice/IncomingFiled Affidavit. Affidavit of William J. Taylor, Esq., in Response to Order of December 13, 2004. 04-23120
12/20/2004Fast Track BriefFiled Fast Track Statement. 04-23121
12/20/2004AppendixFiled Appendix to Fast Track Statement. 04-23122
12/20/2004Order/ProceduralFiled Order. Vacating Show Cause Hearing. On December 13, 2004, this court ordered William Taylor to appear personally before this court on December 21, 2004. Taylor has now contacted this court and has filed an affidavit in response to this court's order of December 13, 2004, as well as the fast track statement and appendix. Because Taylor has now complied with the requirements of NRAP 3C and the orders of this court, and good cause appearing, the show cause hearing scheduled for December 21, 2004, is hereby vacated. This court should not have to utilize its scarce resources reminding attorneys of deadlines and enforcing compliance with those deadlines. Although the court has elected not to sanction Taylor in the instant case, Taylor is cautioned that this court will not tolerate his failure to comply with the rules of appellate procedure and orders of this court in the future. 04-23138
01/12/2005MotionFiled Motion. Motion to Strile Appellants Fast Track Statement and Appellant's Appendix and Motion to Hold Briefing Schedule in Abeyance. 05-00683
01/21/2005MotionFiled Response to Motion. Opposition to Respondent's Motion to Strike Appellants Fast Track Statement and Appellant's Appendix and Motion to Hold Briefing Schedule in Abeyance. 05-01396
01/21/2005AppendixFiled Appendix. Appellant's Supplemental Appendix. 05-01398
01/31/2005Order/ProceduralFiled Order. Denying Motion to Strike. On January 12, 2005, respondent filed a motion to strike appellant's fast track statement. The motion is opposed. Respondent argues that the fast track statement should be stricken because appellant did not file an adequate appendix and appellant has failed to comply with NRAP 3c(e)(2). Although the fast track statement is deficient in this respect, this court concludes that such deficiency will not impede this court's review of this matter. Accordingly, the motion to strike is denied. Respondent shall file and serve the fast track response within 20 days of this order. 05-01990
02/18/2005Fast Track BriefFiled Fast Track Response. 05-03341
02/18/2005AppendixFiled Appendix to Fast Track Response. 05-03342
02/18/2005MotionFiled Motion. William J. Taylor. 05-03349
02/28/2005Order/ProceduralFiled Order. This appeal is subject to the provisions of Nevada Rule of Appellate Procedure 3C. On February 18, 2005, counsel for appellant filed a motion to withdraw as counsel of record in this appeal. Because counsel for appellant has fulfilled the obligations placed on trial counsel by NRAP 3C(b), the motion is granted. fn1[The granting of this motion is, of course, conditioned upon trial counsel's full cooperation with appellate counsel during the pendency of this appeal.] 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. 05-03840
04/13/2005Notice/IncomingFiled Notice of Appearance. Representing appellant: Michael P. Villani, Esq. 05-07267
04/14/2005Notice/IncomingFiled Affidavit. Affidavit of Appellant Counsel. A Request to File an Amended Appellant's Fast Track Statement or Supplemental Appendix is unwarranted at this time. 05-07350
05/17/2005Order/ProceduralFiled Order/Show Cause. We direct counsel for Bishop to show cause, within 20 days of the date of this order, why the judgment of the district court should not be affirmed because the petition was procedurally barred. 05-09646
06/06/2005MotionFiled Response to Order to Show Cause. 05-11029
07/01/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP 05-13067
07/26/2005RemittiturIssued Remittitur. 05-13316
07/26/2005Case Status Update Remittitur Issued/Case Closed.
08/04/2005RemittiturFiled Remittitur. Received by County Clerk on July 29, 2005. 05-13316