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United States Court Cases

Nevada Supreme/Appellate Court Record

ELLIOT (CLARENCE) VS. STATE

Case Information: 33630
Short Caption:ELLIOT (CLARENCE) VS. STATECourt:Supreme Court
Related Case(s): 35329 , 49245 , 51432
Lower Court Case(s):Clark Co. - Eighth Judicial District - C142132Classification: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:11/09/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/19/1999Filing Fee Filing Fee Waived.
01/19/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 99-00346
01/26/1999Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
02/08/1999Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: 2/5/99. 99-00872
02/08/1999Docketing StatementFiled Docketing Statement. 99-00873
04/06/1999Order/ProceduralFiled Order. Appellant shall, within 10 days of this order, file and serve the transcript request form or a certificate of no transcript request. 99-02580
04/16/1999Transcript RequestFiled Request for Transcript of Proceedings. 08/24/98 and 08/26/98 Proceedings: To Court Reporter: Shirlee Prawalsky. 99-02979
04/26/1999MotionFiled Motion to Extend Time. 99-03257
04/28/1999Order/Clerk'sFiled Clerk's Order. The appellant's opening brief and appendix shall be served and filed on or before June 21, 1999. 99-03350
07/23/1999MotionFiled Motion to Extend Time. 99-06656
08/25/1999Order/ProceduralFiled Order Granting Motion. We grant appellant's July 23, 1999, motion for a second extension of time. Appellant shall have to and includuing August 31, 1999, within which to file and serve the opening brief and appendix. On August 16, 1999, appellant submitted several proper person documents. We note that appellant has not been granted leave to file documents in proper person. Accordingly, the clerk of this court shall return the proper person submissions unfiled. 99-07943
08/25/1999Other Returned Unfiled Document. Miscellaneous documents returned with letter and copy of 8/25/99 order. 99-07626
09/09/1999BriefFiled Opening Brief. Mailed on: 9/3/99. 99-08480
09/09/1999AppendixFiled Appendix to Opening Brief. 99-08481
10/01/1999MotionFiled Motion. Motion to Strike Appellant's Opening Brief and Appendix and Motion to Hold Briefing Schedule in Abeyance. 99-09458
02/23/2000Order/ProceduralFiled Order. On October 1, 1999, respondent filed a motion to strike appellant's opening brief and appendix and to hold the briefing schedule in abeyance. We grant respondent's unopposed motion. We direct the clerk to strike the opening brief and appendix previously filed on September 9, 1999. fn1[On April 16, 1999, appellant filed a request for transcript of proceedings. The transcripts requested had been filed with the district court prior to the docketing of this appeal. The court reporter need not transmit the requested transcripts to this court. Transcripts filed with the district court prior to the docketing of an appeal may be included in the appendix.] Appellant shall, within 20 days of the date of this order, file and serve an amended opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Appellant shall consult with the respondent in an attempt to file a sufficient joint appendix. 00-02863
03/17/2000MotionFiled Motion to Extend Time. Motion for Extension of Time in Which to Resubmit Opening Brief. 00-04304
04/04/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have until April 17, 2000, to file the amended opening brief and appendix. 00-05431
04/19/2000MotionFiled Motion for Excess Pages. Appellant's Request to File a Volume of Appendix Containing Pages in Excess of 250. 00-06295
04/19/2000BriefFiled Amended Brief. Appellant's Opening Brief. (Mailed on 4/17/00.) 00-06297
04/19/2000AppendixReceived Appendix to Opening Brief. Volumes 1 through 5. 00-06298
05/12/2000Order/ProceduralFiled Order Granting Motion. On April 19, 2000, appellant filed a motion seeking leave to file Volume IV of appellant's appendix which contains over two hundred and fifty pages. We grant appellant's unopposed motion. The clerk of this court shall forthwith file appellant's appendix, Volumes I through V, which was provisionally submitted on April 19, 2000. 00-07984
05/12/2000AppendixFiled Appendix to Opening Brief. Volumes I through V. 00-06298
05/23/2000BriefFiled Answering Brief. Mailed on: Express-No postmark. 00-08598
05/24/2000Notice/IncomingFiled Certificate of Compliance. (Compliance for Answering Brief.) 00-08683
06/08/2000MotionFiled Motion. 00-09679
08/29/2000Order/ProceduralFiled Order. On June 8, 2000, appellant's counsel, Judith H. Braecklein filed a motion to withdraw as appellant's counsel of record. We grant the motion. Counsel shall have 10 days from the date of this order to serve a copy of this order on appellant and to file proof of such service with this court. We remand this appeal to the district court for a determination of whether appellant is indigent and the possible appointment of new counsel. If indigent, it shall appoint new counsel to represent appellant within 20 days from the date of this order. If new counsel is appointed, the district court clerk shall promptly file with the clerk of this court a copy of the written order of appointment of counsel, and shall advise the clerk of this court of the date of appointment and the name of the attorney appointed. If appellant is not indigent, the district court shall forthwith inform appellant of its determination, and the district court clerk shall promptly file with this court a copy of the written order embodying a determination of non-indigency. Appellant shall have 30 days from the date of the determination he is not indigent within which to secure counsel and to have counsel enter an appearance with this court. Whether appointed or retained, new counsel shall file a notice of appearance with this court within 10 days of appointment or retention and shall have 60 to file and serve the reply brief. On August 10, 2000, appellant submitted a proper person motion to submit a reply brief. We deny appellant's proper person motion. fn1[We also note that appellant has not been granted leave to file papers in proper person.] The clerk of this court shall forthwith return unfiled appellant's proper person submissions of August 10, 2000. 00-15197
08/29/2000Notice/OutgoingIssued Letter. to appellant Elliot: returned unfiled, original proper person Motion to Submit Reply Brief received August 10, 2000.
09/05/2000Notice/IncomingFiled Proof of Service. Order of 08/29/00. 00-15610
11/01/2000Notice/IncomingFiled Notice of Appearance. Representing appellant: David M. Schieck. 00-19245
11/22/2000Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on November 14, 2000 appointing David M. Schieck as counsel for appellant. 00-20509
12/21/2000MotionFiled Motion. Motion to Allow Supplemental Opening Brief. 00-22234
01/17/2001Order/ProceduralFiled Order Granting Motion. We grant appellant's unopposed motion. Appellant shall have 30 days from the date of this order to file and serve a supplemental opening brief. Respondent shall have 30 days from the filing of the supplemental opening brief to file a supplemental answering brief. Any reply brief filed in this matter, shall be filed within 30 days of the filing of the supplemental answering brief. 01-01006
02/20/2001MotionFiled Motion and Order/Excess Pages. Granted: 41 pages. 01-03092
02/20/2001BriefFiled Supplemental Brief. Appellant's Supplemental Opening Brief. Mailed on: LV drop box 2/16/01. 01-03093
02/20/2001AppendixFiled Appendix to Opening Brief. Appellant's Appendix, Vol. VI 01-03094
03/29/2001MotionFiled Motion to Extend Time. 01-05509
03/29/2001MotionFiled Motion for Excess Pages. 01-05511
03/29/2001BriefReceived Answering Brief. Mailed on: No Postmark. 01-05512
04/03/2001Order/Clerk'sFiled Clerk's Order. The clerk shall file the thirty-six page supplemental answering brief received on March 29, 2001. Appellant shall have 30 days from the date of this order to file and serve the reply brief, if any. 01-05723
04/03/2001BriefFiled Supplemental Brief. Respondent's Supplemental Answering Brief. Mailed on: Express-no postmark. 01-05512
05/04/2001BriefFiled Reply Brief. Mailed on: LV Drop Box 05/03/01. 01-07488
11/09/2001Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 01-18712
11/09/2001Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML
02/08/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." - SNP02-CY/DA/ML. 02-02555
03/05/2002RemittiturIssued Remittitur. 02-02744
03/05/2002Case Status Update Remittitur Issued/Case Closed.
03/18/2002RemittiturFiled Remittitur. Received by County Clerk on March 7, 2002. 02-02744