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United States Court Cases

Nevada Supreme/Appellate Court Record

MARSEE (RAYMOND) VS. STATE

Case Information: 38350
Short Caption:MARSEE (RAYMOND) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C132570Classification:Criminal Appeal - Fast Track - Post-Conviction
Disqualifications:Case Status: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
08/21/2001Filing Fee Filing Fee Waived.
08/21/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 01-14134
09/05/2001Order/ProceduralFiled Order/Show Cause. Response due from counsel for appellant: 20 days from the date of this order. fn1[Appellant apparently signed the notice of appeal before the expiration of the appeal period. It therefore appears possible that the notice of appeal was delivered to prison officials within the 30 day period, and may therefore be timely.] 01-15002
09/27/2001MotionFiled Response to Order to Show Cause. Response to September 5, 2001 Order. 01-16332
10/04/2001Notice/IncomingFiled Proof of Service. Certificate of Service on Clark County District Attorney. 01-16708
10/15/2001Order/ProceduralFiled Order. Prior to making a final determination of jurisdiction over this appeal, a copy of the entry in the log book of appellant's notice of appeal is required. Counsel for appellant shall have 20 days from the date of this order to supplement his response. 01-17297
11/05/2001MotionFiled Response to Order to Show Cause. October 15, 2001 Order. 01-18434
11/16/2001Order/ProceduralFiled Order. On September 27, 2001, counsel for appellant submitted a response to this court's order, and on November 5, 2001, counsel for appellant supplemented his response with a copy of the prison log. Pursuant to Kellogg, this court concludes that it has jurisdiciton over this appeal. Counsel for appellant shall have 40 days from the date of this order to file and serve a fast track statement and appendix. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 01-19247
11/20/2001MotionFiled Motion. 01-19459
12/11/2001Order/ProceduralFiled Order Denying Motion. On November 20, 2001, counsel for appellant filed a motion to withdraw as counsel for appellant. Counsel may not withdraw until he has fulfilled the obligations placed on trial counsel by NRAP 3C(b). Specifically, counsel must first file a rough draft transcript request form and a fast track statement. The motion to withdraw is therefore denied. Counsel for appellant shall file and serve the fast track statement within 40 days of the date of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 01-20755
01/22/2002Fast Track BriefFiled Fast Track Statement. 02-01419
01/22/2002AppendixFiled Appendix to Fast Track Statement. 02-01420
01/28/2002Other Other. Filed Verification and Certificate of Service for the Fast Track Statement and Appendix. 02-01832
02/13/2002MotionFiled Motion for Excess Pages. 02-02832
02/15/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed February 13, 2002. The clerk shall file the 15-page fast track response and appendix received on February 13, 2002. 02-03057
02/15/2002Fast Track BriefFiled Fast Track Response. 02-02833
02/15/2002AppendixFiled Appendix to Fast Track Response. 02-02834
03/14/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP02-MS/RR/NB 02-04600
04/25/2002MotionReceived Proper Person Motion. Motion for an Additional 7 Day Enlargement of Time, up to and including, April 22, 2002, to file Petition for Rehearing (Amended) and Supplemental Appendix (Exhibits). 02-07373
04/25/2002MotionReceived Proper Person Motion. Motion for Additional 7 Day Enlargement of time to file Petition for Rehearing (Amended) and Supplemental Arguments, Cites and Exhibits (NRAP 26b). 02-07374
05/07/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40( c). fn1[We grant Marsee's motion for permission to file documents in proper person. The clerk shall file the documents received in this court on April 4, 2002, and April 25, 2001, including the proper person petition and amended petition for rehearing received on those dates. We deny Marsee's proper person motions for extensions of time to file additional documents.] NNP02-MS/RR/NB 02-07963
05/07/2002MotionFiled Proper Person Motion. Appellant's Motion for Leave to file Proper Person Briefs and Papers (NRAP 46(b)). 02-06043
05/07/2002MotionFiled Proper Person Motion. Motion for Enlargement of Time NRAP 26(b) for 7 Days to file Supplement Arguments and Cites to Motion for Rehearing. 02-06044
05/07/2002MotionFiled Proper Person Motion. Motion for an Additional 7 Day Enlargement of Time, up to and including, April 22, 2002, to file Petition for Rehearing (Amended) and Supplemental Appendix (Exhibits). 02-07373
05/07/2002MotionFiled Proper Person Motion. Motion for Additional 7 Day Enlargement of time to file Petition for Rehearing (Amended) and Supplemental Arguments, Cites and Exhibits (NRAP 26b). 02-07374
05/07/2002Post-Judgment PetitionFiled Proper Person Petition for Rehearing. 02-07375
05/07/2002Other Incoming DocumentFiled Proper Person Document. Appellant's Appendix to Petition for Rehearing. 02-07376
05/22/2002RemittiturIssued Remittitur. 02-07992
05/22/2002Case Status Update Remittitur Issued/Case Closed.
06/10/2002Order/ProceduralFiled Order Granting Motion. On May 29, 2002, appellant submitted a proper person motion for permission to fax a petition for en banc reconsideration or alternatively an enlargement of time to file the petition. It appears appellant attempted to deliver the petition to prison officials for mailing on May 17, 2002, which would have been the last day for appellant to file a timely petition for en banc reconsideration. We deem the petition to have been timely submitted. The clerk shall file the petition and motion received on May 29, 2002. fn1[We note that the filing of a petition for en banc reconsideration does not affect the finality of a judgment and does not stay the issuance of the remittitur. We decline to recall the remittitur.] In light of this order, we deny as moot appellant's motion for permission to fax or an extension of time. 02-10003
06/10/2002MotionFiled Proper Person Motion. Motion for Permission to Fax Petition for En Banc Reconsideration or, Alternatively, Additional 3 Day Enlargement of Time to Mail Petition. 02-09359
06/10/2002Post-Judgment PetitionFiled Answer to Petition for En Banc Reconsideration. 02-09360
06/17/2002RemittiturFiled Remittitur. Received by County Clerk on May 24, 2002. 02-07992
07/22/2002Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC 02-12540
07/30/2002Order/ProceduralFiled Order. On May 7, 2002, this court entered an order denying appellant's petition for rehearing. Accordingly, on May 22, 2002, the remittitur was issued. On June 10, 2002, this court entered an order allowing appellant to file a proper person petition for en banc reconsideration. fn1[The petition for en banc reconsideration was received on May 29, 2002, along with a motion for permission to file the petition.] On June 13, 2002, appellant submitted proper person document entitled, "Notice of Motion and Motion to Stay Remittitur Pending Application to the United States Supreme Court for Writ of Certiorari Pursuant to NRAP 41(b) and Rules of the Supreme Court Rules 10 through 14." fn2[Because we elect to resolve the motion, we direct the clerk of this court to file the proper person documents received on June 13, 2002. We decline to grant appellant permission to file additional documents in proper person. NRAP 46(b).] On July 22, 2002, this court entered an order denying appellant's proper person petition for en banc reconsideration. The remittitur having issued in this appeal and this court having denied appellant's petition for en banc reconsideration, we deny appellant's motion for a stay of the remittitur. The denial of appellant's motion is without prejudice to appellant's right to file a motion to recall the remittitur in the event appellant files a petition for a writ of certiorari and the United States Supreme Court grants the petition. 02-13044
07/30/2002MotionFiled Proper Person Motion. Notice of Motion and Motion to Stay Remittitur Pending Application to the United States Supreme Court for Writ of Certiorari Pursuant to NRAP 41(b) and Rules of the Supreme Court Rules 10 through 14. 02-10239