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United States Court Cases

Nevada Supreme/Appellate Court Record

MIRAMONTES-SANCHEZ (FIDEL) VS. STATE

Case Information: 43589
Short Caption:MIRAMONTES-SANCHEZ (FIDEL) VS. STATECourt:Supreme Court
Lower Court Case(s):Elko Co. - Fourth Judicial District - CRFP031218Classification:Criminal Appeal - Fast Track - 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
07/13/2004Filing Fee Filing Fee Waived.
07/13/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 04-12746
07/13/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: April 13-15, 2004. Court Reporter: Lisa Manley. Filed in district court on: July 8, 2004. 04-12747
07/22/2004MotionFiled Motion to Dismiss Appeal. Notice of Withdrawal of Appeal. 04-13311
07/22/2004Notice/IncomingFiled Notice. Withdrawal of Request for Transcript of Proceedings. 04-13312
08/26/2004Order/DispositionalFiled Voluntary Dismissal. On July 22, 2004, counsel for appellant filed a motion to withdraw this appeal voluntarily. Appellant consents to a voluntary dismissal of this appeal. Cause appearing, the motion is granted and we "ORDER this appeal DISMISSED." fn1[Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post -conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.] SNP04D-RR/WM/MD 04-15468
08/26/2004Case Status Update Case Closed. No remittitur issued.
09/30/2004Order/ProceduralFiled Order. On July 22, 2004, counsel for appellant filed a motion to withdraw this appeal voluntarily and that appellant consented to the dismissal. On August 26, 2004, this court granted counsel's motion and dismissed the appeal. On September 9, 2004, this court received a copy of a letter from appellant addressed to appellant's counsel. In the letter, appellant asserts that he did not consent to a voluntary withdrawal of his appeal. Counsel for appellant shall have 20 days from the date of this order to show cause why appellant's letter should not be treated as a petition for rehearing, and this appeal reinstated. Counsel shall inform this court specifically when he spoke to appellant regarding the withdrawal of this appeal, and counsel's reasons for recommending that this appeal be withdrawn. 04-18151
10/15/2004MotionFiled Response to Order to Show Cause. Response to Order to Show Cause; Conditional Motion to Withdraw as Counsel. 04-19122
10/22/2004Other Other. Filed Supplemental Response to Order to Show Cause and Conditional Motion to Withdraw as Counsel. 04-19614
12/08/2004Post-Judgment OrderFiled Order/Rehearing Granted. Order Granting Rehearing and Reinstating Appeal. On July 22, 2004, counsel for appellant filed a motion to withdraw this appeal voluntarily. In the motion, counsel informed this court that he had informed appellant of the consequences of withdrawing his appeal, and that appellant consented to the dismissal. On August 26, 2004, this court granted counsel's motion and dismissed the appeal. On September 9, 2004, this court received a copy of a letter from appellant addressed to appellant's counsel. In the letter, appellant asserted that he did not consent to a voluntary withdrawal of his appeal. On September 30, 2004, this court ordered appellant's counsel to show cause why the letter from appellant should not be treated as a petition for rehearing and this appeal reinstated. Appellant's counsel filed a response on October 15, 2004, and a supplemental response on October 22, 2004. Having reviewed the documents before this court, we conclude that appellant did not intend to withdraw his appeal, and we therefore grant rehearing and reinstate this appeal. This appeal is governed by Nevada Rule of Appellate Procedure 3C. Therefore, appellant's counsel David B. Lockie is hereby ordered to comply with NRAP 3C and, 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. fn1[ See NRAP 3C(b), 3C(c), 3C(d)(3). If transcripts have already been prepared and are on file in the district court, the parties may include such transcripts in the appendix without filing a transcript request form. See, e.g., NRAP 10(b); NRAP 30(b)(1).] Further, Lockie shall file a fast track statement within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 04-22352
12/20/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: April 13-15, 2004. Court Reporter: Lisa Manley. Not filed in district court. 04-23165
01/18/2005Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement and Appendix due: January 25, 2005. 05-01004
01/24/2005MotionFiled Motion to Extend Time. 05-01514
01/26/2005MotionFiled Motion to Extend Time. 05-01737
01/31/2005Order/ProceduralFiled Order Granting Motion. filed January 24, 2005 and January 26, 2005. Court reporter Lisa Manley shall have 15 days from the date of this order to file the transcripts. Counsel for appellant shall have 20 days from the filing of the transcripts within which to file and serve the fast track statement and appendix. 05-01904
02/23/2005TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 4/13/04, 4/14/04, 4/15/04. Court Reporter: Lisa Manley. 05-03568
03/09/2005Fast Track BriefFiled Fast Track Statement. 05-04729
03/09/2005AppendixFiled Appendix to Fast Track Statement. - Joint Appendix. 05-04731
03/28/2005Fast Track BriefFiled Fast Track Response. 05-06013
03/28/2005AppendixFiled Appendix to Fast Track Response. 05-06015
03/28/2005MotionFiled Motion. Motion by Respondent for Order Requiring/Permitting the Filing of Supplemental Transcipts, and Stipulation thereto by the Appellant. 05-06016
04/01/2005Notice/IncomingFiled Proof of Service. Supplemental Certificate of Service. 05-06450
04/08/2005Order/ProceduralFiled Order Granting Motion. filed March 28, 2005. Counsel for respondent shall have 10 days from the date of this order to file a supplemental request for rough draft transcript in the district court, and provide to this court 2 file-stamped copies of the transcripts request form and proof of service of the form upon the court reporter. 05-06919
04/19/2005Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 3/8/04. Court Reporter: Lisa Manley Filed in district court on: 4/14/05. 05-07591
06/01/2005TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: March 8, 2004. Court Reporter: Lisa Manley. 05-10686
06/01/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." SNP05-RR/MG/JH 05-10699
06/28/2005RemittiturIssued Remittitur. 05-10820
06/28/2005Case Status Update Remittitur Issued/Case Closed.
07/22/2005RemittiturFiled Remittitur. Received by County Clerk on June 30, 2005. 05-10820