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United States Court Cases

Nevada Supreme/Appellate Court Record

ELLIS (CHRISTOPHER) VS. STATE

Case Information: 27646
Short Caption:ELLIS (CHRISTOPHER) VS. STATECourt:Supreme Court
Related Case(s): 38019 , 50579 , 50930 , 52563
Lower Court Case(s):Clark Co. - Eighth Judicial District - C125920Classification: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:02/07/2000How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/01/1995Record on Appeal DocumentsFiled Record on Appeal. Vols. 1 and 2 (Originals) (Docketing statement mailed to counsel for appellant).
11/29/1995Other Incoming DocumentReceived Proper Person Document. Proper person Request for Extension of Time in Which to File the Record on Appeal (Appeal Brief).
12/20/1995Order/ProceduralFiled Case Processing Order. Appellant shall, within 10 days from the date of this order, file the completed docketing statement or show cause why this appeal should not be dismissed. The records of this court list Peter R. LaPorta as counsel for appellant. If attorney LaPorta does not represent appellant in this matter, he shall so inform the court within the time limit set forth above. Attorney LaPorta's failure to file a response to this order may result in the imposition of sanctions against counsel.
01/08/1996Other Other. Filed Affidavit of Peter R. LaPorta, Esq.
01/30/1996Order/ProceduralFiled Case Processing Order. On November 28, 1995, appellant submitted a proper person request for an extension of time to file the opening brief. 1[We have received and considered appellant's request]. On January 8, 1996, attorney Peter R. LaPorta filed his response to our order of December 20, 1995, informing us that he no longer represents appellant, that attorney Ulrich Smith was appointed for that purpose. Attorney Smith shall, wihtin 10 days from the date of this order, file a notice of appearance and the completed docketing statement or show cause why this appeal should not be dismissed. We deny appellant's proper person motion. Appellant shall have 30 days from the date of this order to file the opening brief. Briefing shall proceed thereafter in accordance with NRAP 31 (a) (1). (Docketing statement mailed to attorney Smith).
02/12/1996Letter/IncomingReceived Letter. Received letter from Ulrich W. Smith. He was appointed by the State as the attorney for Mr. Ellis for sentencing purposes only. A copy of the order terminating his appointment is attached to the letter.
02/28/1996Order/ProceduralFiled Case Processing Order. We remand this matter to the district court for the appointment of new counsel within 30 days from the date of this order. The clerk of the district court shall immediately advise the clerk of this court of the date of the appointment and individual attorney appointed and shall also serve a copy of this order on the attorney appointed to represent appellant and provide the clerk of this court with proof of such service. Counsel shall do the following from the date of appointment: enter an appearance within 10 days, shall file the docketing statement within 20 days, shall have 30 days to supplement the record and shall have 60 days to file an opening brief. Briefing shall then proceed in accordance with NRAP 31 (a).
03/15/1996Other Other. Received a certified copy of the Criminal Court Minutes dated 03/06/96. Lee McMahon confirmed as counsel for defendant Ellis. (Docketing statement and copy of February 28, 1996 order mailed to attorney McMahon.)
03/18/1996Notice/IncomingFiled Notice. Filed Notice of Appearance. Lee Elizabeth McMahon appointed on March 6, 1996, to represent appellant Christopher Cornell Ellis.
03/28/1996Docketing StatementFiled Docketing Statement.
04/22/1996MotionFiled Motion to Extend Time. Filed Application for Enlargement of Time in which to file Supplemental Record on Appeal and Application for Enlargement of Time to file Opening Brief.
04/25/1996Order/Clerk'sFiled Clerk's Order. Granting the motion filed April 22, 1996. Appellant shall have to and including April 29, 1996, to cause transmission of the supplemental record on appeal to the clerk of this court. The opening brief shall be served and filed on or before May 29, 1996.
05/02/1996Notice of Appeal DocumentsReceived Documents from District Court Clerk. Received from Clark County Clerk, certified documents designated by appellant's counsel, and placed in record on appeal as pages 246 through 307.
07/25/1997Order/ProceduralFiled Case Processing Order. Appellant shall, within 15 days from the date of this order, file the opening brief or show cause why sanctions should not be imposed against counsel for appellant.
08/11/1997MotionFiled Motion to Extend Time. Filed Second Motion to Supplement Record on Appeal and Motion to Extend Time in Which to File Appellant's Opening Brief.
09/29/1997Order/ProceduralFiled Case Processing Order. Appellant shall have 20 days from the date of this order to cause the clerk of the district court to certify and transmit to this court, as a supplemental record on appeal, the transcript of the hearing cunducted on May 30, 1997. Appellant shall have 30 days from the date of this order to file and serve the opening brief. We caution appellant's counsel, Lee Elizabeth McMahon, that any further oversights which result in the delay of this appeal may result in the imposition of sanctions.
10/08/1997Other Other. The transcript requested in the Order of September 29, 1997, should be May 30, 1995, (not May 30, 1997). Per telephone call from the Clark County Clerk's Office.
12/17/1997Other Other. Received Supplemental Record on Appeal (Copy).
11/17/1998Order/ProceduralFiled Case Processing Order. The record on appeal was received on December 17, 1997, well past the time it was due. To date, however, appellant has failed to file the opening brief. In the interest of judicial economy and to avoid further prejudice to appellant's rights, we direct the clerk to forthwith file the supplemental record on appeal received on December 17, 1997. We cannot condone, however, attorney McMahon's complete disregard of this court's orders entered on April 25, 1996, and September 29, 1997, and we conclude that the imposition of sanctions is warranted. Attorney McMahon shall personally pay the sum of $500 to the Clark County Law Library and file proof of payment of the sanction with this court within 15 days of the date of this order. Attorney McMahon shall have 20 days from the date of this order to file and serve the opening brief. Failure to comply with this order in timely manner may result in the imposition of additional sanctions, including her removal as counsel for appellant and a referral to the State Bar of Nevada for investigation and any appropriate disciplinary action related to her representation of appellant. (Copy of order mailed to attorney Lee Elizabeth McMahon by regular and certified mail.)
11/17/1998Record on Appeal DocumentsFiled Record on Appeal. Filed Supplemental Record on Appeal (copy).
12/30/1998Other Incoming DocumentReceived Proper Person Document. Received proper person Judicial Notice. (Received the original only).
02/16/1999MotionFiled Motion. Filed Motion for New Briefing Schedule.
03/12/1999Order/ProceduralFiled Case Processing Order. To date, attorney McMahon has not complied with our order of November 17, 1998. On December 30, 1998, appellant, in proper person, submitted a notice regarding attorney McMahon's delay in this matter. 1[Even though appellant has not been granted leave to file papers in proper person, we have received and considered appellant's submission.] On February 16, 1999, respondent filed a motion for a new briefing schedule. We will allow attorney McMahon one more opportunity to comply with our November 17, 1998, order. Attorney McMahon shall, within 15 days from the date of this order, file proof of payment of the sanction and file and serve the opening brief. We deny as moot respondent's motion for a new briefing schdule. (Mailed order to attorney McMahon by regular and certified mail.)
09/14/1999MotionFiled Motion to Extend Time. Filed Application for Extension of Time.
09/14/1999BriefReceived Brief. Received Appellant's Opening Brief. (Mailed on: Express Mail-No Postmark).
09/29/1999Order/ProceduralFiled Case Processing Order. We grant appellant's motion for an extension of time to file the opening brief. The clerk shall file the opening brief submitted with the motion. Respondent shall, within 30 days of the date of this order, file and serve the aswering brief.
09/29/1999BriefFiled Brief. Filed Appellant's Opening Brief.
10/21/1999BriefFiled Brief. Filed Respondent's Answering Brief. (Mailed on: Express-No Postmark)
11/18/1999BriefFiled Brief. Filed Appellant's Reply Brief. (Mailed on: Express-No Postmark)
02/07/2000Order/ProceduralFiled Case Processing Order. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs filed herein.
02/07/2000Other Other. Case submitted on the record and briefs this day.
02/07/2000Case Status Update Submitted for Decision.
07/11/2000Other Other. Received proof of payment of sanction imposed by order of 11/17/98. (Attached to motion for extension of time filed on 09/14/99).
07/24/2000Order/DispositionalFiled Dispositional Order/Appeal. Filed Order Dismissing Appeal. "Order this appeal dismissed." NNP99B-CY/DA/ML
08/21/2000RemittiturIssued Remittitur. Returned Record on Appeal, Vols. 1 through 3 this day. 00-14580
08/21/2000Case Status Update Remittitur Issued/Case Closed.
09/20/2000RemittiturFiled Remittitur. Received by County Clerk on September 1, 2000. 00-14580