| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 05/03/1996 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Appeal or, in the Alternative, Motion to Remand to District Court for Appointment of New Counsel. | | |
| 05/13/1996 | Motion | Filed Response to Motion. Opposition to Motion to Dismiss and Declaration of Patricia M. Erickson. | | |
| 06/27/1997 | Other | Disqualification of Justice Shearing. Sat in district court proceedings. | | |
| 04/20/1998 | Motion | Filed Motion. Motion to Expedite Appellate Proceedings. | | |
| 04/20/1998 | Motion | Filed Response to Motion. Response to State's Motion to Expedite Appellate Proceedings. | | |
| 04/21/1998 | Motion | Filed Motion. | | |
| 07/29/1998 | Order/Procedural | Filed Order. This matter involves five criminal appeals in which attorney Patricia M. Erickson was appointed to represent the appellants. A review of the court's docket in these matters revealed what appears to be a complete disregard of the Nevada Rules of Appellate Procedure and an utter lack of diligence on counsel's part. We direct attorney Erickson to appeal personally before this court on September 17, 1998, at 12:30 p.m., in Carson City following the conclusion of the oral arguments scheduled on that date. Any evidence which attorney Erickson desires to present on her behalf shall be filed in affidavit form on or before September 1, 1998. Fn3[Pending further order of this court, we defer ruling on: (1) the motions for reconsideration filed in Docket Nos. 25247, 25807 and 28463; (2) the motion to be reinstated as counsel in docket No. 28463; and (3) the motion to dismiss appeal in Docket No. 28462.] Nos. 25247, 25807, 25862, 28462, 28463. (Order mailed to attorney Erickson by regular and certified mail). (O.K. for Shearing, J. to sign this order--purpose: Attorney Erickson to show cause.) | | |
| 08/07/1998 | Motion | Filed Motion. Motion to Continue Hearing (nos. 25247, 25807, 25862, 28462 & 28463). | | |
| 09/01/1998 | Order/Procedural | Filed Order. On July 29, 1998, this court entered an order in these matters directing attorney Patricia Erickson to appear before this court on September 17, 1998. On August 7, 1998, Erickson moved to continue the show cause hearing. Cause appearing, we grant the motion. We vacate the hearing on September 17, 1998. The clerk of this court shall reschedule the show cause hearing for October 13, 1998, at 11:30 a.m., in Carson City following the conclusion of the oral arguments scheduled on that date. (Nos. 25247, 25807, 25862, 25462, 25463.) | | |
| 09/01/1998 | Other | Other. Filed Additional Evidence Submitted in Response to This Court's July 29, 1998, Order. (nos. 25247, 25807, 25862, 28462 & 28463). | | |
| 09/01/1998 | Letter/Incoming | Filed Letter. from attorney Patricia M. Erickson. She is available to appear on September 17, 1998, if the court wishes to reschedule the hearing for that date. (nos. 25247, 25807, 25862, 28462 & 28463). | | |
| 09/18/1998 | Other | Other. Issued Notice: The personal appearance by Patricia Erickson has been moved to October 13, 1998, at 11:00 a.m.--1/2 hour in Carson City. (nos. 25247, 25807, 25862, 28462 & 28463). | | |
| 09/28/1998 | Other | Other. Issued Reminder Notice to appear and show cause. (nos. 25247, 25807, 25862, 28462 & 28463). | | |
| 10/07/1998 | Motion | Filed Motion. Request to Submit Additional Evidence to be Considered by this Honorable Court at the October 13, 1998, Hearing in the Above Entitled Cases. (nos. 25247, 25807, 25862, 28462 & 28463). | | |
| 10/13/1998 | Other | Other. Oral Argument for Attorney Patricia Erickson to Show Cause. Argument presented by Stephen Stein, Esq., Franny Forsman, Federal Public Defender, and Patricial M. Erickson, Esq. Submitted. (nos. 25247, 25807, 25862, 28462 & 28463). | | |
| 12/31/1998 | Order/Procedural | Filed Order. The show cause hearing was conducted on October 13, 1998. Having considered the arguments and comments presented at that hearing, we conclude that reconsideration of the prior sanction orders is unwarranted. We deny attorney Erickson's motions for reconsideration of the sanction orders previously filed in Ellington v. State, Docket No. 25247, Brown v. State, Docket No. 25807 and Emil v. State, Docket No. 28463. We also deny attorney Erickson's motion to be reinstated as counsel for appellant Emil in docket No. 28463. Fn1[The district court has already appointed new counsel to represent appellant Emil.] We deny as moot the motion filed in each of these appeals on October 7, 1998, seeking leave to submit additional evidence. Attorney Erickson's failure to diligently proscute the appeal in Westcott v. State, Docket No. 25862, warrants the imposition of additional sanctions. Attorney Erickson shall pay, as an additional sanction, the sum of $500 to the Clark County Law Library. We refer attorney Erickson to the State Bar of Nevada so that she may obtain appropriate law office management assistance. Fn2[This is not a referral for discipline.] The total amount of sanctions imposed in these appeals is $2,000. Attorney Erickson shall communicate with the clerk of this court within 20 days from the date of this order to arrange appropriate payment schedule . We resolve the following motions and matters still pending in the above-entitled appeals. On April 21, 1998, attorney Erickson filed a motion to withdraw as counsel for appellant Emmons. We grant the motion to withdraw. We remand to the district court for the appointment of new counsel within 20 days from the date of this order. The clerk of the district court shall, within 30 days from the date of this order, serve upon newly appointed counsel a copy of this order and inform the clerk of this court of the appointed counsel. Appointed counsel shall file a notice of appearance with this court within 10 days of appointment. The clerk of the district court shall transmit the record on appeal to the clerk of this court within 30 days frm the date of this order. Appointed counsel shall file the opening brief within 70 days from the date the record on appeal is filed with this court. Thereafter, briefing shall proceed in accordance with the schedule set forth in SCR 250 (IV)(G). We deny respondent's motion filed May 3, 1996, seeking a dismissal of this appeal or, alternatively, a remand for the appointment of new counsel. We also deny respondent's motion to expedite appellate proceedings filed on April 20, 1998. Nos. 25247, 25807, 25862, 28462, 28463. (Mailed order to attorney Erickson by regular and certified mail.) | | |
| 02/12/1999 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Karen A. Connolly. (No action required per SJ.) | | |
| 03/01/1999 | Record on Appeal Documents | Filed Record on Appeal Copy. Volumes 1 through 12. | | |
| 05/03/1999 | Motion | Filed Motion to Extend Time. | | |
| 05/18/1999 | Order/Procedural | Filed Order Extending Time. Appellant shall, within 60 days of the date of this order, file and serve the opening brief. We do not expect further requests for extensions of time in this matter. | | |
| 07/21/1999 | Motion | Filed Motion to Extend Time. | | |
| 08/12/1999 | Motion | Filed Motion. Motion for Remand or in the Alternative Request to Supplement Record on Appeal and for Abeyance of Scheduling Order Pending Resolution of Motion for Remand. | | |
| 08/20/1999 | Notice/Incoming | Filed Notice. Change of Address for attorney Karen A. Connolly. Now associated with the law firm of Connolly and Fujii. | | |
| 09/16/1999 | Order/Procedural | Filed Order. On August 12, 1999, appellant filed a motion requesting a remand of this matter to the district court or in the alternative permission to supplement the record. We deny appellant's motion. Appellant shall have 20 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). We do not expect further requests for extensions of time. Unwarranted requests may result in the imposition of sanctions upon counsel. fn1[Appellant's July 21, 1999, motion for an extension of time to file the opening brief is denied as moot.] | | |
| 10/08/1999 | Motion | Filed Motion for Excess Pages. Motion to Extend Length of Opening Brief. | | |
| 10/08/1999 | Brief | Received Opening Brief. RETURNED UNFILED 11/17/99. | | |
| 10/14/1999 | Motion | Filed Motion. Motion for Reconsideration. | | |
| 11/17/1999 | Order/Procedural | Filed Order. On October 8, 1999, appellant filed a motion to file an opening brief in excess of 30 pages and provisionally submitted the opening brief. On October 14, 1999, appellant filed a motion for reconsideration of our September 16, 1999, order. We deny appellant's motion for reconsideration. Appellant may file a brief which does not exceed 90 pages. The clerk of this court shall return, unfiled, the opening brief provisionally submitted on October 8, 1999. Appellant shall, within 20 days of the date of this order, file and serve the opening brief. No further extensions of time shall be permitted. We caution appellant's counsel that failure to comply with this order in a timely manner may result in the imposition of sanctions. | | |
| 11/17/1999 | Other | Returned Unfiled Document. Returned, unfiled, with letter to attorney Connolly: original and three copies of appellant's opening brief. | | |
| 12/09/1999 | Brief | Filed Opening Brief. Mailed on: 12/07/99. | | |
| 01/25/2000 | Motion | Filed Motion to Strike. Motion to Strike Appellant's Opening Brief and Motion to Hold Briefing Schedule in Abeyance. | | |
| 03/21/2000 | Motion | Received Response to Motion. Opposition to Motion to Strike Appellant's Opening Brief and Motion to Hold the Briefing Schedule in Abeyance. (Called for motion to file late opposition-lc) | | |
| 03/22/2000 | Order/Procedural | Filed Order Denying Motion. Order Denying Motion to Strike. The State has moved to strike certain issues raised in appellant's opening brief. Appellant has submitted an untimely opposition. The clerk shall file the opposition received on March 21, 2000. In reviewing the merits of the parties' contentions on appeal, this court will disregard any matters improperly raised in the briefs. We deny the State's motion to strike. The State shall have 45 days from the date of this order to serve and file its answering brief. Thereafter, Emmons shall have 45 days to serve and file a reply brief. We deny as moot the State's motion to hold the briefing schedule of this appeal in abeyance. | | |
| 03/22/2000 | Motion | Filed Motion. Opposition to Motion to Strike Appellant's Opening Brief and Motion to Hold the Briefing Schedule in Abeyance. (Filed pursuant to 3/22/00 order) | | |
| 03/24/2000 | Motion | Filed Motion to Extend Time. Request for Extension of Time to File Opposition to Motion to Strike Appellant's Opening Brief and Motion to Hold the Briefing Schedule in Abeyance. | | |
| 04/14/2000 | Order/Procedural | Filed Order Denying Motion. Appellant's motion of March 24, 2000, requesting permission to file the untimely opposition of March 22, 2000, is hereby denied as moot. | | |
| 05/08/2000 | Motion | Filed Motion for Excess Pages. | | 00-07503
|
| 05/08/2000 | Brief | Received Answering Brief. Mailed on: Express-No postmark. | | 00-07504
|
| 06/16/2000 | Order/Procedural | Filed Order Granting Motion. We grant respondentt's unopposed motion to file a thirty-eight page answering brief. The clerk of this court shall forthwith file respondent's answering brief which was provisionally submitted on May 8, 2000. Appellant shall have 45 days from the date of this order to file a reply brief. | | 00-10344
|
| 06/16/2000 | Brief | Filed Answering Brief. | | 00-07504
|
| 06/21/2000 | Brief | Filed Reply Brief. Mailed on: 6/19/00. | | 00-10639
|
| 06/21/2000 | Case Status Update | Submitted for Decision. | | |
| 08/31/2000 | Order/Procedural | Filed Order. The attorney general shall have 20 days from the date of this order to inform this court of the status of this appeal. See NRAP 43(a). | | 00-15406
|
| 09/20/2000 | Notice/Incoming | Filed Notice. Suggestion of Death on the Record. | | 00-16638
|
| 10/02/2000 | Order/Dispositional | Filed Order Dismissing Appeal. On September 20, 2000, counsel for the State filed a suggestion of death on the record pursuant to NRAP 43(a). The suggestion of death is accompanied by an affidavit from Chief Deputy Attorney General David F. Sarnowski informing this court that appellant died on or about July 10, 2000. " . . . we order this appeal dismissed." NNP00A-RR/DA/ML | | 00-17312
|
| 10/31/2000 | Remittitur | Issued Remittitur. | | 00-17439
|
| 10/31/2000 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 12/04/2000 | Remittitur | Filed Remittitur. Received by County Clerk on November 13, 2000. | | 00-17439
|