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United States Court Cases

Nevada Supreme/Appellate Court Record

DAVIS (DAVID) VS. STATE

Case Information: 38588
Short Caption:DAVIS (DAVID) VS. STATECourt:Supreme Court
Related Case(s): 36427 , 37128
Lower Court Case(s):Clark Co. - Eighth Judicial District - C126518Classification:Criminal Appeal - Other - 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:09/11/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/09/2001Filing Fee Filing Fee Waived.
10/09/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 01-17009
12/21/2001Order/ProceduralFiled Order. To date, no fast track statement has been filed. Counsel for appellant shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 01-21520
01/03/2002MotionFiled Motion to Extend Time. 02-00129
01/18/2002Order/ProceduralFiled Order. An attorney may not withdraw from representation of an appellant in a fast track appeal without leave of this court. The district court's order allowing Mr. Oram to withdraw was therefore without effect. Oram shall have 10 days from the date of this order to file a transcript request form or certificate of no transcript request. Oram shall file a fast track statement and appendix within 30 days of the date of this order. 02-01295
02/19/2002MotionFiled Motion to Extend Time. 02-03106
02/27/2002Order/ProceduralFiled Order Denying Motion. On February 19, 2002, counsel for appellant filed a motion for an extension of 30 days to file the fast track statement. The motion is denied. Counsel for appellant shall file and serve the fast track statement (and appendix) within 10 days of this order or show cause why he should not be sanctioned. 02-03675
03/12/2002MotionFiled Motion for Excess Pages. Motion Appellant's Motion to Enlarge Page Limitation on Appellant's Fast Track Statement. 02-04449
03/14/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed March 12, 2002. The clerk shall file the 15-page fast track statement and appendix received on march 12, 2002. Respondent shall file and serve the fast track response within 20 days from the date of this order. 02-04584
03/14/2002Fast Track BriefFiled Fast Track Statement. STRICKEN BY ORDER 05/09/02.
03/14/2002AppendixFiled Appendix to Fast Track Statement. STRICKEN BY ORDER 05/09/02.
04/05/2002Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due: April 10, 2002. 02-06116
04/10/2002MotionFiled Motion. Motion to Strike Appellant's Fast Track Statement and Appendix and Motion to Hold Briefing Schedule in Abeyance. 02-06412
05/09/2002Order/ProceduralFiled Order/Briefing Schedule. On April 10, 2002, the State filed a motion to strike the fast track statement and appendix. The motion is granted. The clerk of this court shall strike the fast track statement and appendix filed on March 14, 2002. We have determined that full briefing will assist the court in the disposition of this appeal. The appellant shall file and serve the opening brief (and appendix) within 40 days after the date of this order. The answering brief and reply brief shall be filed in compliance with NRAP 31. 02-08132
06/18/2002MotionFiled Motion and Order Extending Time. Brief due: July 18, 2002. 02-10544
07/18/2002MotionFiled Motion to Extend Time. 02-12296
07/19/2002Order/ProceduralFiled Order Granting Motion. filed July 18, 2002. Appellant shall have until August 19, 2002, to file and serve the opening brief and appendix. 02-12446
08/19/2002MotionFiled Motion to Extend Time. 02-14091
08/22/2002Order/ProceduralFiled Order Granting Motion. filed August 19, 2002. Appellant shall have until September 18, 2002, to file and serve the opening brief and appendix. 02-14397
09/19/2002MotionFiled Motion to Extend Time. (Fourth Request) 02-16297
10/02/2002Order/ProceduralFiled Order Granting Motion. filed September 19, 2002. Appellant shall have 5 days from the date of this order to file and serve the opening brief and appendix. 02-17012
10/09/2002BriefFiled Opening Brief. Mailed on: Fed Ex 10/09/02. 02-17458
10/09/2002AppendixFiled Appendix to Opening Brief. Vols. 1 through 4. 02-17459
10/10/2002BriefFiled Opening Brief. Filed Opening Brief with original signature. 02-17526
10/31/2002MotionFiled Stipulation and Order. Brief due: December 12, 2002. 02-18786
12/16/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-21419
01/15/2003MotionFiled Motion and Order Extending Time. Brief due: February 14, 2003. 03-00821
01/29/2003Order/ProceduralFiled Order. On October 22, 2001, November 21, 2001, January 17, 2002, and May 6, 2002, appellant submitted four proper person motions in this appeal. fn1[Because appellant has not been granted leave to file papers in proper person, the motions were received but not filed. NRAP 46(b).] We note that appellant is represented by counsel in this appeal. Accordingly, we direct the clerk of this court to return, unfiled, the proper person documents received on October 22, 2001, November 21, 2001, January 17, 2002, and May 6, 2002. Appellant should address all concerns regarding this appeal to counsel, and shall proceed through counsel in the further prosecution of this appeal. 03-01551
01/29/2003Notice/OutgoingIssued Letter. to appellant David Stanley Davis. Returned unfiled, the original proper person Letter with District Court Minutes attached received on October 22, 2001; Motion for Leave to file Proper Person Appeal Brief from Habeas Corpus received November 21, 2001; Memorandum received January 17, 2002; and Motion for Leave to Include Supplemental Points and Authorities in Support of Petition for Writ of Habeas Corpus Post-Conviction as Supplement to Attorney's Fast Track Appeal and or to be included as part of the Record on Appeal received May 6, 2002.
02/18/2003BriefFiled Reply Brief. Mailed on: Fed Ex 02/14/03. 03-02678
02/18/2003Case Status Update Submitted for Decision.
06/02/2003Order/ProceduralFiled Order. On May 21, 2003, appellant submitted a motion for leave to file a proper person motion. The motion for leave to file is accompanied by a proposed "Motion to Stop Gross Miscarriage of Justice and Exhaust Five Plain Errors." We note that appellant is represented by counsel in this appeal. Accordingly, we deny appellant leave to file papers in proper person. NRAP 46(b). The clerk of this court shall return, unfiled, appellant's motions received on May 21, 2003. Appellant shall proceed hereafter by and through his counsel of record and shall address concerns relating to this appeal to counsel. 03-09128
06/02/2003Notice/OutgoingIssued Letter. to appellant David Stanley Davis. Returned unfiled, the original "Proper Person Motion for Leave to file Motion to Stop Gross Miscarriage of Justice and Exhaust Five Plain Errors and the Proper Person Motion for Leave to file Motion to Stop Gross Miscarriage of Justice and Exhaust Five Plain Errors" received on May 21, 2003.
06/11/2003MotionFiled Motion. Motion to Endorse Defendant's Pro Per Motion for Leave to File Motion to Stop Gross Miscarraiage of Justice and Exhaust Five Plain Errors and Motion to Stop Gross Misscarriage of Justice and Exhaust Five Plain Errors. 03-09700
06/20/2003Order/ProceduralFiled Order. Denying Request to File Proper Person Documents. On June 11, 2003, counsel for appellant, Christopher R. Oram filed a document entitled 'Motion to Endorse Defendant's Pro Per Motion for Leave to File Motion to Stop Gross Miscarriage of Justice and Exhaust Five Plain Errors and Motion to Stop Miscarriage of Justice and Exhaust Five Plain Errors.' Attached to counsel's motion are appellant's proper person motions. We note that these proper person motions are identical to the motions that were returned to appellant pursuant to the June 2, 2003, order. Accordingly, to the extent that Mr. Oram seeks to file the proper person motions for appellant, we deny the request. See NRAP 46(b). Mr. Oram may file a motion for leave to file a supplemental brief prepared by counsel that addresses the issues raised in the proper person motions if he deems in his professional judgment that those issues have merit. See NRAP 27. fn1[The clerk of this court shall detach the proper person motions and return them, unfiled, to Mr. Oram.] 03-10299
07/03/2003Order/ProceduralFiled Order. Returning Proper Person Document. Appellant has again submitted a proper person document for filing entitled 'Motion to Dismiss Counsel and Exhaust Five Plain Errors.' We note that a criminal defendant has no right to proceed in proper person on appeal. Additionally, under NRAP 3C, appellant's counsel in the district court, attorney Christopher Oram, is required to remain as counsel for appellant in this appeal. We deny appellant's request to dismiss Mr. Oram as his attorney. The clerk of this court shall return the motion to appellant, unfiled. Because appellant is represented by counsel in this appeal, we decline to grant him permission to file additional documents in proper person. Appellant shall proceed by and through his counsel in the prosecution of this appeal and address all concerns relating to this appeal to his counsel of record. The clerk of this court shall return, unfiled, any future proper person document submitted for filing by appellant. 03-11180
07/03/2003Notice/OutgoingIssued Letter. to appellant David Stanley Davis. Returned unfiled, the original proper person "Motion to Dismiss Counsel and Exhaust Five Plain Errors" received on June 23, 2003.
08/12/2003MotionFiled Motion. Attorney Christopher R. Oram. 03-13461
09/11/2003Case Status Update Resubmitted for Decision. Panel: Southern Nevada Panel. SNP04-RR/ML/WM
10/07/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04-RR/ML/WM 03-16693
11/04/2003RemittiturIssued Remittitur. 03-16812
11/04/2003Case Status Update Remittitur Issued/Case Closed.
12/04/2003RemittiturFiled Remittitur. Received by County Clerk on November 6, 2003. 03-16812
02/02/2004Order/ProceduralFiled Order. This court entered an Order of Affirmance in this appeal on October 7, 2003. The remittitur issued on November 4, 2003, and this court was divested of jurisdiction over this case. Attorney Christopher R. Oram, has moved to withdraw as counsel of record for appellant. Because this case is closed and this court no longer has jurisdiction over this case, we elect to treat the motion as notice pursuant to SCR 46 that Mr. Oram no longer represents appellant in this court. 04-02042