judyrecords
search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record

MCGUIRE (EDWARD) VS. STATE

Case Information: 37461
Short Caption:MCGUIRE (EDWARD) VS. STATECourt:Supreme Court
Related Case(s): 44803
Lower Court Case(s):Clark Co. - Eighth Judicial District - C170476Classification:Criminal Appeal - Life - Direct
Disqualifications:GibbonsCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:03/31/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/20/2001Filing Fee Filing Fee Waived.
02/20/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 01-03163
04/17/2001Order/CounselFiled Order/Remand for Designation of Counsel. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, district court shall have 30 days to appoint counsel. Otherwise, district court shall order that within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. District court clerk: 5 days to transmit district court order to this court and serve a copy of this order of remand on appellant's counsel. Counsel: 10 days to enter appearance. fn1[All filing deadlines shall run from the date on which counsel enters an appearance with this court.] 01-06577
06/18/2001Notice/IncomingFiled Notice. Notice of Appointment of Counsel filed in the district court on June 12, 2001. Christina Hinds as counsel for appellant. 01-10112
07/16/2001Order/ProceduralFiled Order. On June 18, 2001, the district court clerk filed with this court a notice of appointment of counsel indicating that attorney Christina Hinds had been appointed as counsel for appellant on June 12, 2001. To date, Ms. Hinds has not complied with our April 17, 2001, order. Ms. Hinds shall have 10 days from the date of this order to file a notice of appearance with this court. All filing deadlines shall run from the date on which counsel enters an appearance with this court. Failure to comply timely with this order may result in the imposition of sanctions. 01-12039
07/23/2001TranscriptFiled Transcript. Proceedings: 10/10/00 and 01/17/01. Court Reporter: Renee Silvaggio. 01-12472
07/25/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Cristina Hinds. (Docketing Statement mailed to counsel for appellant.) 01-12630
08/06/2001TranscriptFiled Transcript. Proceedings: October 26, 2000. Court Reporter: Renee Silvaggio. 01-13257
10/10/2001Order/ProceduralFiled Order. To date appellant has failed to file the docketing statement. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement. Failure to comply timely with this order may result in the imposition of sanctions. Since appellant has not filed a transcript request form with this court, we are unable to determine whether all transcripts necessary for the resolution of this appeal have been filed. Appellant shall have 10 days from the date of this order to file and serve a transcript request form. Failure to comply timely with this order may result in the imposition of sanctions. (Docketing statement mailed to counsel for appellant.) 01-17069
11/13/2001Other Returned Unfiled Document. (late, handwritten, no original).
11/26/2001Docketing StatementReceived Docketing Statement. 01-19743
01/18/2002Order/ProceduralFiled Order. To date, appellant has failed to file a transcript request form. We again direct counsel for appellant to file and serve a transcript request form with this court within 10 days from the date of this order. In the interest of judicial efficiency we direct the clerk of this court to file the docketing statement received on November 26, 2001. Appellant shall have 10 days from the date of this order to serve respondent with a copy of the docketing statement and file proof of such service with this court. Appellant has failed to file the opening brief and appendix. Appellant shall have 15 days from the date of this order to file and serve the opening brief and appendix. 02-01272
01/18/2002Docketing StatementFiled Docketing Statement. 01-19743
03/27/2002Order/CounselFiled Order/Sanctions. To date, appellant has failed to file the transcript request form, the opening brief and appendix and proof of service of the docketing statement or communicate with this court. We conclude that the imposition of sanctions is warranted. Attorney Christina A. Hinds shall personally pay the sum of $500.00 to the Supreme Court Law Library and file proof of such payment with this court within 15 days from the date of this order. Within the same time period, appellant shall file: (1) proof of service of the docketing statement, (2) a transcript request form and (3) the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We caution Ms. Hinds that failure to comply fully with this order in a timely manner may result in the imposition of additional sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. 02-05401
04/15/2002MotionFiled Motion to Extend Time. 02-06739
04/15/2002Docketing StatementFiled Docketing Statement. 02-06740
04/15/2002Notice/IncomingFiled Proof of Payment of Sanction. Declaration of Cristina Hinds that Sanctions were Paid to the Supreme Court Law Library in the Amount of $500.00. 02-06741
04/18/2002TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 10/17/01. Court Reporter: Debra Van Blaricom. 02-06944
06/03/2002Notice/IncomingFiled Proof of Service. (Appellant's Opening Brief). 02-09671
06/03/2002Notice/IncomingFiled Proof of Service. (Appellant's Appendix). 02-09674
06/12/2002Other Other. Received Table of Contents to Appendix received on 06/03/02. Attached to inside front cover of appendix.
06/14/2002Order/ProceduralFiled Order. As of the date of this order, appellant still has not complied with NRAP 9(a). On April 15, 2002, appellant filed a motion for an extension of time, up to May 11, 2002, within which to file and serve the opening brief and appendix. Although in all non-fast track appeals, a certified copy of transcripts is required, we will assume the rough draft transcript filed with this court is sufficient unless we are otherwise notified in writing by the parties within 10 days from the date of this order. Accordingly, we waive the requirement of NRAP 9(a) for appellant to file a transcript request form with this court. On June 3, 2002, appellant submitted the opening brief and appendix. Appellant also submitted a copy of transcripts for proceedings held on October 10, 2000. Again, we remind Ms. Hinds that under NRAP 9(a), an appellant files and serves a transcript request form and the court reporter files a certified copy of the requested transcripts with this court. In fact, a certified copy of transcripts for proceedings held on October 10, 2000, was filed by court reporter Renee Silvaggio on July 23, 2001. Because the time requested in appellant's April 15, 2002, motion has passed before the brief was submitted, we deny that motion as moot. In the interest of judicial economy, however, we direct the clerk of this court to file the opening brief and appendix received on June 3, 2002. Respondent shall file an answering brief within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31 02-10341
06/14/2002BriefFiled Opening Brief. STRICKEN BY ORDER 11/13/02. 02-09667
06/14/2002AppendixFiled Appendix to Opening Brief. 02-09669
07/17/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. STRICKEN BY ORDER 11/13/02. 02-12243
07/17/2002AppendixFiled Appendix to Answering Brief. 02-12244
08/29/2002Case Status Update Briefing Completed. No reply brief filed.
09/30/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. 02-16804
09/30/2002Case Status Update Submitted for Decision.
11/13/2002Order/ProceduralFiled Order. The clerk of this court shall strike the opening and answering briefs previously filed in this matter. Appellant shall file and serve a new opening brief within 30 days from the date of this order raising issues appropriate for direct appeal, and if necessary, shall supplement appellant's appendix with any additional appropriate documents. Thereafter, briefing shall proceed in accordance with the provisions of NRAP 31(a)(1). 02-19491
12/16/2002BriefFiled Opening Brief. (Appellant's Amended Opening Brief.) Mailed on: 12/13/02. 02-21465
01/06/2003OtherDisqualification of Justice Gibbons. Sat in district court proceedings.
01/21/2003BriefFiled Answering Brief. Mailed on: Express-No postmark. 03-01023
01/21/2003AppendixFiled Appendix to Answering Brief. 03-01024
02/24/2003BriefFiled Reply Brief. Mailed on: 02/21/03. 03-03023
03/10/2003Notice/IncomingFiled Proof of Service. for Reply Brief filed on 02/24/03. Attached to inside back cover of original and copies of reply brief. 03-03977
03/31/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. 03-05277
03/31/2003Case Status Update Submitted for Decision.
04/21/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment conviction AFFIRMED." SNP03-MS/ML/NB 03-06721
05/16/2003RemittiturIssued Remittitur. 03-06781
05/16/2003Case Status Update Remittitur Issued/Case Closed.
05/27/2003RemittiturFiled Remittitur. Received by County Clerk on May 19, 2003. 03-06781