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United States Court Cases

Nevada Supreme/Appellate Court Record

GUERRERO (ALBERTO) VS. STATE C/W 32242

Case Information: 32173
Short Caption:GUERRERO (ALBERTO) VS. STATE C/W 32242Court:Supreme Court
Consolidated:32173*, 32242 Related Case(s): 32242 , 41023 , 41024 , 53441 , 53839 , 53943 , 55789 , 55790 , 72581 , 72581-COA , 72582 , 72582-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C141455Classification:Criminal Appeal - Life - Direct
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
04/17/1998Filing Fee Filing Fee Waived.
04/17/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for Appellant.)
05/29/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Filed by Appellant on May 27, 1998.
06/05/1998MotionFiled Motion. Motion for Leave to file late Docketing Statement.
06/05/1998Docketing StatementReceived Docketing Statement.
06/08/1998Order/ProceduralFiled Order Granting Motion. Appellant's motion for an extension of time to file the docketing statement. The clerk shall file docketing statement, submitted provisionally on June 5, 1998, forthwith.
06/08/1998Docketing StatementFiled Docketing Statement.
06/26/1998Order/ProceduralFiled Order. Appellant has failed to file either a transcirpt request form or a certificate of no transcript request. Appellant shall have 10 days from the date of this order or file one of the required documents or show cause why sanctions should not be imposed against Appellant's counsel.
07/02/1998MotionFiled Motion.
07/06/1998Transcript RequestFiled Request for Transcript of Proceedings. To Court Reporter: Laurie Webb.
08/06/1998TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 1/12/98; 1/14/98; 1/15/98; 1/16/98; and 1/20/98. Court Reporters: Marilyn Waggoner; Jennifer D. Church; Suzanne M. Nichols; Teresa Lyn DeRossett; and Janie L. Olsen.
08/21/1998Order/CounselFiled Order/Remand for Designation of Counsel. Appellant's counsel, Kirk T. Kennedy, has filed a motion to withdraw as counsel of record for Appellant. We grant counsel's motion. We remand this appeal to the district court for the limited purpose of securing counsel for Appellant. Within 30 days of the date of this order, the district court shall determine whether Appellant qualifies for the appointment of counsel. If Appellant does qualify, the district court shall immediately appoint counsel to represent Appellant and serve a copy of this order of remand on appointed counsel. Otherwise, the district court shall certify that Appellant is not entitled to the appointment of counsel. Within 5 days of the district court's determination, the district court shall transmit to this court either a copy of the district court's order appointing counsel or its certification that Appellant is not entitled to court appointed counsel. If appointed, counsel shall have 15 days from the date of appointment to file a notice of appearance with this court. fn1[The filing deadlines contained in NRAP 31(a)(1) shall commence to run from the date on which counsel is required to enter an appearance in this court. Should new counsel deem it necessary to request additional transcripts, counsel should file a supplemental transcript request within 15 days from the date on which counsel enters an appearance in this court.]
09/24/1998Notice/IncomingFiled Notice. Notice of Appointment of Counsel filed in district court on September 21, 1998. Donald Beury as counsel for Appellant.
11/06/1998TranscriptFiled Transcript. Proceedings: Jury Trial - 1/12/98, 1/13/98, 1/14/98, 1/15/98, 1/16/98; Penalty Hearing - 1/20/98. Court Reporter: Laurie Webb & Associates.
02/01/1999MotionFiled Motion to Consolidate. Consolidate the above entitled case with State v. Albert Guerrero, Supreme Court Number 32173. (Nos. 32173, 32242)
03/25/1999Order/ProceduralFiled Order/Consolidation. These matters are consolidated for the purposes of disposition and argument if deemed warranted. Briefing shall be conducted independently in these matters. We do not believe it is appropriate for attorney Beury to represent both Appellants herein or to file consolidated briefs. We remove attorney Beury as counsel of record for Appellant Alberto Guerrero. We remand Docket No. 32173 to the district court for the limited purpose of appointing new counsel within 30 days of the date of this order to represent Appellant Alberto Guerrero. Within 5 days of the district court's appointment, the district court clerk shall serve a copy of the order on the newly appointed counsel and the clerk of this court and shall also serve a copy of this order on appointed counsel. Within 15 days of appointment, newly appointed counsel shall file a notice of appearance with this court; within 45 days of the date of appointment, counsel shall file an opening brief and appendix in Docket No. 32173. fn1[Newly appointed counsel should contact attorney Beury to obtain copies of all documents filed herein and all documents related to Alberto Guerrero's appeal. Attorney Beury shall provide newly appointed counsel with all relevant documents.] Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). The clerk shall file the certificate of no transcript request provisionally submitted on February 1, 1999, in Docket No. 32242. Attorney Beury shall, within 45 days of this order, file and serve an opening brief and appendix on behalf of Rudiberto Guerrero in Docket No. 32242. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 32173, 32242.
05/05/1999Notice/IncomingFiled Notice of Appearance. Representing appellant: Ronald A. Colquitt. (Nos. 32173 & 32242)
07/29/1999Other Other. Filed Appellant's Request for an Extension of time to file Opening Brief.
07/30/1999Notice/IncomingFiled Notice. Appointment of Counsel. Filed in the District Court July 26, 1999.
10/01/1999Order/ProceduralFiled Case Processing Order. On July 29, 1999, counsel filed a motion for a thirty-day extension of time to file the opening brief. Attorney Colquitt was not served with a copy of this court's March 25, 1999, order until July 26, 1999. We deny the July 29, 1999, motion. Nevertheless, attorney Colquitt shall, within 30 days from the date of this order, serve and file the Opening Brief and Appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
10/07/1999Order/ProceduralFiled Case Processing Order. On May 27, 1999, attorney Donald D. Beury filed an Opening Brief on behalf of appellant in Docket No. 32242. On June 28, 1999, Respondent filed a motion to compel Appellant to file an Appendix. The Brief submitted by attorney Beury was not accompanied by an Appendix. We note that the transcripts cited within the brief were previously filed with this court in Docket No. 32173. We grant Respondent's motion to the extent that it requests counsel to file an Appendix. We deny the motion to the extent that it requests the inclusion of the transcripts in that Appendix. Attorney Beury shall, within 20 days of the date of this order, file and serve an Appendix in Docket No. 32242. Respondent in Docket No. 32242 shall, within 45 days of the date of this order, file and serve an Answering Brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 32173, 32242.
12/29/1999Other Other. Filed Appellant's Request to Supplement Opening Brief. TRANSFERRED TO NO. 32242 ON 1/10/00.
01/10/2000Other Other. Transferred 12/29/99 request to Supplement Opening Brief to Docket No. 32242.
01/31/2000Order/ProceduralFiled Order/Show Cause. To date, counsel has failed to file the Opening Brief and Appendix. Attorney Colquitt shall have 15 days from the date of this order to comply with this court's order entered October 1, 1999, or show cause why sanctions should not be imposed.
05/26/2000Order/CounselFiled Order/Sanctions. To date, attorney Colquitt has failed to file the Opening Brief and Appendix, or otherwise to respond to our orders of October 1, 1999, and January 31, 2000. We conclude that the imposition of sanctions is warranted. Attorney Colquitt shall personally pay the sum of $100 to the Supreme Court Law Library and file proof of payment with this court within 10 days from the date of this order and shall have 15 days to file and serve the Opening Brief and Appendix or show cause why additional sanctions should not be imposed. (Mailed order to attorney Colquitt by regular and certified mail.) SNP99B - WM/MS/NB.
06/12/2000Letter/IncomingFiled Letter. (copy) to Supreme Court Law Library enclosing check for $100 in payment of sanctions.
10/04/2000Order/CounselFiled Order/Sanctions. To date, attorney Colquitt has failed to comply with this court's orders of October 1, 1999, January 31, 2000, and May 26, 2000, directing him to file and serve the opening brief in this appeal. Accordingly, we conclude that the imposition of sanctions is warranted. Colquett shall personally pay the sum of $250 to the Supreme Court Law Library and file proof of such payment with this court within 15 days from the date of this order. Further, attorney Colquitt shall file and serve the opening brief and appendix within 15 days from the date of this order. Failure to comply with this order may result in the imposition of additional sanctions, including, but not limited to, referral of this matter to the State Bar of Nevada for investigation. 00-17633
10/17/2000Other Other. A copy of the Order Imposing Sanctions sent to Ronald Colquitt was returned to the Supreme Court and remailed by certified mail to an updated address provided by the state bar on this day.
02/14/2001Order/ProceduralFiled Order. The appeal in Docket No. 32173 was docketed in this court on April 17, 1998. On March 25, 1999, this court entered an order consolidating the appeal in Docket No. 32173 with the appeal in Docket No. 32242 for the limited purpose of disposition and argument, if any. On October 4, 2000, this court entered an order directing attorney Colquitt to pay an additional two hundred fifty dollar sanction and file the opening brief and appendix within fifteen days of the date of that order. To date, attorney Colquitt has failed to comply with our October 4, 2000, order or otherwise communicate with this court. We remove attorney Colquitt as counsel of record for appellant in Docket No. 32173. In addition, we refer attorney Colquitt to the State Bar of Nevada for investigation of this matter and possible disciplinary action. Bar counsel shall, within 90 days of this order, inform this court of the status of results of the investigation and any disciplinary proceedings in this matter. We remand Docket No. 32173 for the appointment of new counsel to represent appellant. The district court shall, within thirty 30 days of the date of this order, appoint new counsel to represent appellant immediately advise the clerk of this court of the date of appointment and name of the attorney appointed. The clerk of the district court shall also serve a copy of this order on the attorney appointed and shall provide the clerk of this court with proof of such service within 10 days of appointment. New counsel shall enter an appearance with the clerk of this court within 10 days of the date of appointment; within 90 days of the date of appointment, file and serve the opening brief and appendix in Docket No. 32173. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 32173/32242. (01-02939) 01-02939
04/09/2001Order/IncomingFiled District Court Order. Copy of order confirming appointment of counsel on appeal filed in district court on March 28, 2001. E. Brent Bryson of the law offices of E. Brent Bryson is appointed and confirmed as attorney of record for Alberto Guerrero in case no. 32173. Nos. 32173/32242. 01-06110
04/09/2001Other Other. Filed copy of Notice of Entry of Order Confirming Appointment of Counsel on Appeal (no filed stamp). Nos. 32173/32242. 01-06113
04/26/2001Notice/IncomingFiled Notice. Notice of Appointment of Counsel filed in the District Court on April 20, 2001 (certified copy of order confirming appointment of counsel on appeal filed on March 28, 2001 attached). Nos. 32173/32242. 01-07033
05/14/2001Notice/IncomingFiled Notice. Report of Bar Counsel In Re: Ronald A. Colquitt, Esq. (see 2/14/01 order). Report placed in attorney Colquitt's file. Nos. 32173/32242. 01-08051
05/29/2001MotionFiled Motion to Extend Time. (no. 32173 only) Nos. 32173/32242. 01-08949
06/01/2001Order/ProceduralFiled Order Granting Motion. As counsel for appellant was appointed on March 28, 2001, the opening brief and appendix are not due to be filed until June 26, 2001. Nevertheless, good cause having been shown, we grant appellant's motion filed on May 29, 2001, for a 30-day extension of time. Appellant shall have until July 26, 2001, to file and serve the opening brief and appendix in Docket No. 32173. Nos. 32173/32242. (01-09153) 01-09153
07/27/2001BriefFiled Opening Brief. Mailed on: 07/26/01. (no. 32173 only) Nos. 32173/32242. 01-12763
07/27/2001AppendixFiled Appendix to Opening Brief. (no. 32173 only) Nos. 32173/32242. 01-12765
08/27/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. (no. 32173 only) Nos. 32173/32242. 01-14421
09/24/2001BriefFiled Reply Brief. Mailed on: 09/21/01. (no. 32173 only) Nos. 32173/32242. 01-16091
11/19/2001Order/DispositionalFiled Order of Affirmance. fn1[By previous order of this court, these appeals have been consolidated for the purpose of disposition.] "ORDER the judgments of the district court AFFIRMED." fn16[Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in these appeals.] NNP02-MS/RR/NB. Nos. 32173/32242. 01-19275
11/30/2001Order/ProceduralFiled Order. On February 14, 2001, we entered an order that removed appellant Alberto Guerrero's counsel of record and remanded the appeal in Docket No. 32173 for the appointment of new counsel for Alberto Guerrero. On April 9, 2001, the district court clerk filed, with this court, a certified copy of a district court order indicating that the district court had appointed attorney E. Brent Bryson to represent appellant Alberto Guerrero on appeal. Thereafter, on April 26, 2001, the district court clerk filed, with this court, a certified copy of a Notice of Appointment of Counsel. We note, however, that although the notice correctly identifies Alberto Guerrero's district court case number, the caption on the notice contains a clerical error indicating that the appointment was for Rudiberto Guerrero. Despite the clerical error on the Notice of Appointment of Counsel, we conclude that the appointment of counsel was for Alberto Guerrero, rather than for Rudiberto Guerrero, as was properly indicated on the district court's order appointing appellate counsel. Accordingly, we conclude that attorney Donald D. Beury remains counsel of record for Rudiberto Guerrero (Docket No. 32242). In order to prevent any possible prejudice resulting from the clerical error, we enlarge the time period for filing a petition for rehearing. Appellants shall each have 18 days from the date of this order to file a petition for rehearing, if deemed necessary. If a petition for rehearing is not timely filed, the remittitur shall issue 25 days from the date of this order. Nos. 32173/32242. (01-20041) 01-20041
12/26/2001RemittiturIssued Remittitur. 01-21698
12/26/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 31, 2001. 01-21698
06/03/2002Notice/IncomingFiled Notice. Notice of Withdrawal of Counsel filed in the district court. Nos. 32173/32242. 02-09621
06/18/2002Notice/IncomingFiled Proof of Payment of Sanction. Check no. 1534 in the amount of $250.00 received from Ronald A. Colquitt. 02-22250