| Case Information: 33645 | |||
| Short Caption: | OLAUSEN (JOHN) VS. WARDEN | Court: | Supreme Court |
| Related Case(s): | 34568 , 35880 , 36918 , 47205 , 48841 , 49989 , 50057 , 50633 , 51318 , 55507 , 56066 , 58316 , 58596 , 58604 , 58605 , 58606 , 58694 , 59867 , 59970 , 60305 , 60431 , 60647 , 62459 , 63101 , 63360 , 63577 , 64122 , 64426 , 66319 , 66319-COA , 66337 , 67227 , 67371 , 67371-COA , 67590 , 68363 , 69342 , 69343 , 69343-COA , 69576 , 69652 , 69653 , 74825 | ||
| Lower Court Case(s): | Washoe Co. - Second Judicial District - C791086 | Classification: | Criminal Appeal - Life - 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: | 04/01/1999 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 01/21/1999 | Filing Fee | Filing Fee Waived. | ||
| 01/21/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | 99-00406 | |
| 03/02/1999 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Record due: 120 days. [fn1]--The record shall not include any exhibits filed in the district court. Nos. 33558, 33645, 33655. | 99-01437 | |
| 04/01/1999 | Record on Appeal Documents | Filed Record on Appeal Copy. Mailed on: 3/31/99. | 99-02447 | |
| 04/01/1999 | Case Status Update | Submitted for Decision. | ||
| 05/30/2000 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Kenneth J. McKenna. (Docketing Statement mailed to counsel for appellant.) | 00-09070 | |
| 07/20/2000 | Order/Procedural | Filed Order. Appellant filed his notice of appeal in proper person on January 13, 1999. On May 30, 2000, attorney Kenneth J. McKenna filed a notice of appearance as counsel for appellant. On this same date, the clerk of this court mailed a docketing statement to attorney McKenna. Attorney McKenna shall have ten (10) days from the date of this order within which to file the completed docketing statement and shall have 40 days from the date of this order to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). The parties' briefs may cite to the record on appeal which was prepared by the district court clerk and filed in this court on April 1, 1999. Alternatively, the parties may submit with the opening brief a joint appendix prepared pursuant to NRAP 30 and include citations to this appendix. We direct the clerk of this court to return to appellant, unfiled, the proper person documents received on February 12, 1999, March 2, 1999, May 18, 1999, June 25, 1999, July 21, 1999, and October 27, 1999. Appellant shall hereafter proceed by and through counsel who may file any motion which he, in his professional judgment, deems warranted. | 00-12526 | |
| 07/20/2000 | Notice/Outgoing | Issued Letter. to appellant John Steven Olausen. Returned unfiled the original proper person documents: Request for Transcript of Proceedings received 02/12/99; Motion for Leave to File Written Briefs and Other Papers in Proper Person received 03/02/99; Appellant's Opening Brief and Supplemental Appendix of Exhibits received 05/18/99; Notice of Motion and Motion to Strike received 06/25/99; Motion for Extension of Time to Retain Private Counsel 07/21/99; Notice of Withdrawal of Motion for Extension of Time and/or Motion for Assignment of Briefing Schedule received 10/27/99. | ||
| 07/28/2000 | Docketing Statement | Filed Docketing Statement. | 00-13147 | |
| 08/29/2000 | Motion | Filed Motion and Order Extending Time. Brief due: September 28, 2000. | 00-15205 | |
| 09/12/2000 | Motion | Filed Motion for Stay. Emergency Motion to Stay Lower Court Proceedings. | 00-16067 | |
| 09/15/2000 | Motion | Filed Response to Motion. Opposition Olausen's Emergency Motion to Stay Lower Court Proceedings. | 00-16318 | |
| 09/19/2000 | Motion | Filed Motion for Permission to File Document. Permission to File Reply to Opposition Emergency Motion to Stay Lower Court Proceedings. | 00-16555 | |
| 09/21/2000 | Order/Dispositional | Filed Order of Remand. On September 12, 2000, appellant's present counsel filed an emergency motion requesting this court to stay further proceedings of the district court. fn2[Appellant's former post-conviction counsel was apparently permitted to withdraw as counsel of record. Appellant is presently represented in this matter by attorney Kenneth J. McKenna.] In his emergency motion for a stay, appellant specifically contends that the district court has scheduled a hearing for September 23, 2000, and that the district court has no jurisdiction to proceed. fn3[We recognize that September 23, 2000, is a Saturday, and it appears unlikely that the district court would have scheduled a hearing on that date.] " . . . we have elected to dispense with the requirement that the district court certify to this court its inclination to modify its prior decision, and we remand this matter to the district court for further proceedings." We deny appellant's emergency request for a stay, and we conclude that the district court's order rescinding the prior order denying appellant's petition shall remain valid and effective. We remand this appeal to the district court for further proceedings concerning appellant's petition. This order constitutes our final disposition of this appeal. Any subsequent appeal shall be docketed as a new matter. fn5[At this time we express no opinion concerning the merits of any other contention asserted in appellant's emergency motion requesting a stay.] fn6[We grant appellant's motion of September 19, 2000, seeking permission to file a reply to the State's opposition to the motion for a stay. The clerk of this court shall file appellant's reply and appellant's motion to strike. We deny the motion to strike.] SNP00A-CY/WM/NB | 00-16659 | |
| 09/21/2000 | Motion | Filed Reply to Response. Reply to Opposition Emergency Motion to Stay Lower Court Proceedings/Motion to Strike. | 00-16556 | |
| 10/17/2000 | Remittitur | Issued Remittitur. | 00-16697 | |
| 10/17/2000 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 10/25/2000 | Remittitur | Filed Remittitur. Received by County Clerk on October 23, 2000. | 00-16697 | |