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United States Court Cases

Nevada Supreme/Appellate Court Record

YOUNG (JEROME) VS. STATE

Case Information: 25625
Short Caption:YOUNG (JEROME) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C102812Classification: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:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/24/1994Record on Appeal DocumentsFiled Record on Appeal.
05/26/1994Order/CounselFiled Order/Remand for Designation of Counsel. We remand this appeal to the district court for a determination of whether Appellant is indigent. If the district court determines that appellant is indigent, it shall appoint counsel to represent Appellant on appeal within 20 days from the date of this order. If Appellant is not indigent, the district court shall forthwith inform Appellant of its determination. Appellant shall have 30 days from the date of determination that he is not indigent to secure counsel and have counsel enter an appearance with this court. The clerk of the district court shall promptly file with the clerk of this court either (1) a copy of the written order of appointment of counsel, or of the minute order reflecting the date of appointment; or (2) a copy of the written order of non-indigency. The clerk of the district court shall immediately advise the clerk of this court of the date of appointment and individual attorney appointed. If new counsel is appointed, the clerk of the district court shall also serve a copy of this order on the attorney appointed to represent Appellant and provide proof of such service to the clerk of this court. Counsel shall enter an appearance with this court within 10 days of appointment, shall file the docketing statement within 20 days of the date of first appearance, shall have 30 days from the date of appointment or retention to supplement the record, and shall have 60 days from first appearance in this court to file an Opening Brief. Briefing shall then proceed pursuant to NRAP 31(a).
06/30/1994Other Other. Filed Entrance of Appearance. Dennis M. Leavitt enters his appearance as counsel for Appellant Young. (Docketing Statement and copy of May 26, 1994, mailed to attorney Leavitt.)
07/11/1994Notice of Appeal DocumentsReceived Documents from District Court Clerk. Copy of the district court minutes. Dennis M. Leavaitt confirmed as counsel on June 22, 1994.
07/18/1994Docketing StatementFiled Docketing Statement.
12/22/1994Order/CounselFiled Order/Remand for Designation of Counsel. For the reasons stated in the opinion entered this day in Burke v. State, Docket No. 23418, we remand this matter to the district court with instructions that the firm of Moran & Weinstock be removed as counsel of record for Appellant. We further instruct the district court that neither the firm of Moran & Weinstock, no attorney Dennis M. Leavitt shall be compensated in any manner for their handling of this matter. The district court shall appoint new counsel to represent Appellant within 15 days from the date of this order. The clerk of the district court shall immediately inform the clerk of this court of the appointment, and new counsel shall promptly enter an appearance with this court. New counsel shall have 60 days from the date of this order within which to file an Opening Brief on Appellant's behalf. Thereafter, briefing shall proceed in strict accordance with NRAP 31(a). Because Leavitt has materially violated our procedural rules in the case, we hereby sanction him personally. Dennis Leavitt shall pay to the Clark County Law Library the sum of $1,000.00, and shall provide the clerk of this court with proof of such payment within 15 days from the date of this order. In addition, Leavitt shall serve a copy of this order on Appellant Jerome Arthur Young, and shall provide the clerk of this court with proof of such service within 15 days from the date of this order. Leavitt's failure to comply with these directives in a timely manner will result in the imposition of further sanctions, and possibly a citation for contempt of this court. Finally, we hereby refer this matter to the State Bar of Nevada for further investigation concerning possible violations of the Supreme Court Rules governing professional conduct.
12/30/1994Other Other. Filed Compliance with Order.
01/11/1995Notice of Appeal DocumentsReceived Documents from District Court Clerk. Copy of district court minutes confirming James Ronald Kent as counsel for Appellant on January 4, 1995. (Copy of Order filed December 22, 1995, mailed to counsel for Appellant.)
07/29/1998Order/ProceduralFiled Order. We hereby remove attorney Kent as Appellant's counsel and remand this matter to the district court for the appointment of new counsel within 20 days of the date of this order. The clerk of the district court shall immediately advise the clerk of this court of the date of appointment and attorney appointed, shall serve a copy of this order on the attorney appointed and shall provide this court with proof of such service within 10 days of appointment. Newly-appointed counsel shall enter an appearance with this court within 10 days of the date of appointment, shall have 20 days from the date of appointment to file the docketing statement and supplement the record. fn1[The Nevada Rules of Appellate Procedure in effect prior to the September 1, 1996, amendments and revisions govern this appeal.] Counsel shall have 60 days from the date of appointment to file an Opening Brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Attorney Kent shall, within 20 days from the date of this order, show cause for the delay in the prosecution of this appeal. Failure to timely comply with this order may result in the imposition of sanctions, including referral to the State Bar of Nevada for investigation and appropriate disciplinary action. (Order mailed to attorney Kent by regular and certified mail.)
12/31/1998Order/ProceduralFiled Order. The district court shall, if it has not done so already, appoint counsel to represent appellant herein within 20 days and shall advise this court, within 25 days from the date of this order, the date of appointment and name of the attorney appointed and provide this court with proof of service of the July 29, 1998, order on newly-appointed counsel. To date, attorney Kent has not responded to our order of July 29, 1998. We refer attorney Kent to the State Bar of Nevada for investigation and any disciplinary action relating to attorney Kent's representation of Appellant herein.
04/07/1999Notice/IncomingFiled Notice. Notice of Appointment of Counsel with attached certified copy of Order Appointing Counsel filed in district court on March 17, 1999. Michael V. Cristalli appointed as acounsel for appellant.
05/05/1999Order/ProceduralFiled Case Processing Order. On April 7, 1999, we received a certified copy of the order of the district court appointing Michael V. Cristalli, Esq. as appellant's counsel. Attorney Cristalli shall, within 10 days from the date of this order, file in this court a notice of appearance. Counsel shall have 20 days from the date of this order to file the docketing statement and any motion to supplement the record and 60 days to serve and file the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn1[The Nevada Rules of Appellate Procedure in effect prior to the September 1, 1996, amendments and revisions govern this appeal]. fn2[We hereby vacate the briefing schedule established by our July 29, 1998, order]. Docketing statement mailed to counsel for Appellant.
05/25/1999Letter/IncomingFiled Letter. from attorney Michael V. Cristalli regarding docketing statement.
06/11/1999Letter/IncomingFiled Letter. from attorney Michael V. Cristalli regarding status of this case.
07/06/1999Notice/IncomingFiled Notice. Change of address for attorney Michael V. Cristalli.
07/30/1999MotionFiled Motion to Extend Time. Appellant's Opening Brief.
07/30/1999Docketing StatementReceived Docketing Statement.
08/10/1999Order/ProceduralFiled Order Granting Motion. Appellant shall, on or before August 30, 1999, serve and file the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). In the interest of judicial economy, we direct the clerk to file the docketing statement received on July 30, 1999.
08/10/1999Docketing StatementFiled Docketing Statement.
08/30/1999MotionFiled Motion to Extend Time. (Second request.)
09/22/1999Order/ProceduralFiled Order Granting Motion. Appellant shall serve and file a transcript request form within 15 days, and serve and file the opening brief within 60 days. No further extensions absent extreme and unforeseeable circumstances.
10/07/1999Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/15/93; 3/16/93; 3/17/93; 4/21/93; 4/26/93. To Court Reporter: Donna Little.
11/19/1999MotionFiled Motion to Extend Time.
11/24/1999Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including December 17, 1999, to file and serve the openng brief. No further extensions of time absent extreme and unforeseeable circumstances.
12/17/1999MotionFiled Motion to Extend Time. (Fourth request.)
12/21/1999Order/ProceduralFiled Order Granting Motion. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. No further extensions of time absent extreme and unforeseeable circumstances.
01/19/2000MotionFiled Motion to Extend Time. (Fifth request.)
04/25/2000Order/ProceduralFiled Order. As of the date of this order, court reporter Donna Little has not contacted the clerk of this court in any manner, nor has any extension of time for filing the transcripts been requested. Cause appearing, we direct court reporter Little to serve and file the requested transcripts, or to inform the court if there is some reason that the transcripts cannot be produced, within 20 days of the date of this order. We defer ruling on the motion for extension of time to file the opening brief and appendix pending our resolution of the preparation of the transcripts.
08/25/2000Order/ProceduralFiled Order Extending Time. It appears that Donna Little is no longer a Nevada certified court reporter and is no longer a resident of the State of Nevada. Therefore, it may not be possible for appellant to secure preparation of the transcripts requested. If transcripts are not available, appellant shall proceed with this appeal according to the provisions of NRAP 9(d). Cause appearing, we grant appellant's January 19, 2000, motion for an extension of time to file and serve the opening brief and appendix within 60 days from the date of this order. Further, we note that this court's instruction to appellant to proceed according to the provisions of NRAP 9(d) does not effect this court's ability to impose appropriate sanctions against court reporter Little. Such sanctions may include requiring court reporter Litlle to show cause why she should not be punished for contempt of court, or why damages should not be awarded to either or both parties, and to the State of Nevada due to loss of court time. 00-14952
10/24/2000MotionFiled Motion to Dismiss Appeal. Motion to Withdraw Appellant's Appeal. 00-18786
10/30/2000MotionFiled Response to Motion. State's Opposition to Counsel's Motion to Withdraw. 00-19026
11/14/2000Order/ProceduralFiled Order. On October 24, 2000, counsel for appellant Michael V. Cristalli filed a motion to withdraw this appeal voluntarily. The motion is opposed by the State. The transcripts were filed in the district court on January 4, 2000. The clerk of the district court shall have 10 days from the date of this order to forward copies of the transcripts to this court to be included with the record on appeal and provide copies of the transcript to attorney Cristalli. This court has determined that this appeal shall proceed pursuant to the provisions of Nevada Rule of Appellate Procedure 3C. Cristalli shall file a fast track statement within 30 days of the date of this order. fn2[It is not necessary to file an appendix because this court has the record on appeal.] Thereafter, this appeal shall proceed with the provisions of NRAP 3C. No further extensions shall be granted absent extreme and unforeseeable circumstances. 00-19882
11/20/2000Order/DispositionalFiled Order Dismissing Appeal. We conclude that appellant has abandoned this appeal, and we "ORDER this appeal dismissed." fn1[In light of this disposition, we hereby vacate this court's order of November 14, 2000, directing this appeal to be briefed pursuant to NRAP 3C.] NNP00A-MS/DA/ML 00-20372
11/27/2000TranscriptFiled Transcript. March 15, 1993; March 15, 1993; March 16, 1993; March 17, 1993; April 21, 1993; April 26, 1993. 00-20630
12/18/2000RemittiturIssued Remittitur. Returned Record on Appeal this day. 00-20722
12/18/2000Case Status Update Remittitur Issued/Case Closed.
01/11/2001RemittiturFiled Remittitur. Received by County Clerk on December 28, 2000. 00-20722