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United States Court Cases

Nevada Supreme/Appellate Court Record

YAZZIE (THOMPSON) VS. STATE

Case Information: 35865
Short Caption:YAZZIE (THOMPSON) VS. STATECourt:Supreme Court
Related Case(s): 36178
Lower Court Case(s):Clark Co. - Eighth Judicial District - C145215Classification: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:10/28/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/29/2000Filing Fee Filing Fee Waived.
03/29/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 00-05091
05/30/2000Order/ProceduralFiled Order. Counsel for appellant shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 00-08995
09/06/2000Order/CounselFiled Order/Sanctions. Wolfbrandt has failed to respond to this court's order of May 30, 2000. We conclude that the imposition of a monetary sanctions is appropriate. Wolfbrandt shall personally pay the sum of $100.00 to the Supreme Court Law Library and provide the clerk of this court with proof of said payment within 20 days of the date of this order and shall file and serve the fast track statement within 10 days of this order or show cause why Wolfbrandt should not be sanctioned further. 00-15664
10/13/2000Order/CounselFiled Order/Sanctions. On September 6, 2000, this court concluded that sanctions should be imposed in the amount of $100.00. Wolfbrandt has failed to respond to our order. Wolfbrandt has failed to respond to our order. We conclude that Wolfbrandt's failure to comply with this court's orders and NRAP 3C warrants additional sanctions in the sum of $250.00. Wolfbrandt shall personally pay the sum of $250.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Finally, Wolfbrandt shall file and serve the fast track statement and appendix within 10 days of this order or show cause why he should not be sanctioned further. 00-18144
12/20/2000Order/CounselFiled Order/Sanctions. We conclude that William L. Wolfbrandt's failure to comply with this court's orders and NRAP 3C warrants additional sanctions. Wolfbrandt shall personally pay the sum of $500.00 to the Supreme Court Law Library, and shall provide the clerk of this court with an affidavit of certificate verifying that payment has been made within 15 days from the date of this order. Finally, Woldbrandt shall file and serve the fast track statement and appendix in this appeal within 10 days of the date of this order, or show cause why he should not be sanctioned further and referred to the State Bar of Nevada for investigation and possible discipline. Fn1[This sanction is in addition to the sanctions imposed on September 6, 2000, and October 13, 2000, both of which are overdue]. 00-22176
01/31/2001Order/ProceduralFiled Order. To date Wolfbrandt has entirely disregarded four orders of this court. We conclude that Wolfbrandt's failure to comply with the direct orders of this court and NRAP 3C warrants additional sanctions. Wolfbrandt shall personally pay the sum of $1,000.00 to the Supreme Court Law Library, and shall provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. fn1[This amount is in addition to the previous sanctions imposed by this court, which are still unpaid and overdue.] We refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any proceedings in this matter. We further conclude that Wolfbrandt's dilatory actions require his removal as counsel of record. We remand this appeal to the district court for a determination of whether appellant is indigent. 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: promptly 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. Counsel shall, within 10 days of the date of his or her appointment, file on behalf of his appeallant, a transcript request form in compliance with NRAP 3C, or a certificate that no transcripts are required. Counsel shall file the fast track statement and appendix within 60 days of his or her appointment. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 01-02055
03/19/2001Notice/IncomingFiled Status Report. Final Status Report from State Bar of Nevada re attorney William L. Wolfbrandt. NOTE: This original document was placed in attorney Wolfbrandt's bar file. No copy was placed in the correspondence file for these cases. Nos. 35194 and 35865 01-04853
03/19/2001Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on 2/22/01 appointing Gary Gowen as counsel for appellant. 01-04892
03/23/2001Order/ProceduralFiled Order. On March 19, 2001, a copy of the district court order appointing Gary Gowen as counsel for appellant was filed in this court. The district court order was entered on February 22, 2001. Gowen has yet to enter an appearance in this court. Gowen shall have 5 days from the date of this order to enter an appearance in this court and shall also immediately file a transcript request form or a certificate that no transcripts are required. Gowen shall file the fast track statement and appendix on or before April 23, 2001. This appeal shall proceed with the provisions of NRAP 3C. 01-05187
04/06/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Gary E. Gowen. 01-05963
04/06/2001Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 2/2/99, 5/13/99, 5/25/99, 8/30/99, 11/18/99, 11/23/99, 1/10/00, 2/10/00, 2/15/00, 2/29/00, 5/18/00, Court Reporters: Debra Van Blaricom and Shirlee Prawalsky. 01-05964
04/25/2001TranscriptFiled Transcript. Proceedings: 2/2/99, 5/25/99, 11/18/99, 2/10/00, 2/29/00, 5/18/00. Court Reporter: Shirlee Prawalsky. (Cover letter from Prawalsky states that the 8/30/99, 11/23/99, 1/10/00 and 2/15/00 transcripts were prepared and filed prior to receipt of Request for Rough Draft Transcripts.) 01-06963
04/27/2001MotionFiled Motion to Extend Time. 01-07112
05/11/2001Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 40 days. fn1[Should either party cite to portions of transcripts not previously filed in this court, the party shall file a transcript request form for the necessary transcripts, pursuant to NRAP 9(a).] The answering brief and reply brief shall be filed in compliance with NRAP 31. fn2[On April 27, 2001, counsel for appellant filed a motion for an extension of time in which to file the fast track statement in this appeal. The motion is denied as moot.] 01-07912
07/16/2001Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief and appendix. Appellant shall, within 20 days of the date of this order, file and serve the opening brief and appendix. Failure to comply timely with this order may result in the imposition of sanctions against appellant's counsel. Respondent shall within 30 days of service of the opening brief, file and serve the answer brief. Appellant may file a reply brief within 30 days of service of the answering brief. 01-12036
07/31/2001Order/ProceduralFiled Order. To date, Mr. Wolfbrandt has not paid the outstanding sanctions imposed in these two appeals, in an amount totaling $3,100.00, nor has Mr. Wolfbrandt contacted this court to arrange payment of the sanctions. We refer this matter back to the State Bar of Nevada for further investigation pursuant to SCR 105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. Nos. 35194/35865-cases are not consolidated. 01-12892
08/16/2001MotionFiled Motion to Extend Time. 01-13985
08/22/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed August 16, 2001. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. 01-14272
10/09/2001Letter/IncomingFiled Letter. from attorney William Wolfbrandt enclosing copies of letters mailed to Supreme Court Law Library re: sanctions due. 01-17015
10/29/2001Notice/IncomingFiled Status Report. Report from State Bar of Nevada re attorney William Wolfbrandt. NOTE: This original document was placed in attorney Wolfbrandt's bar file. No copy was placed in the correspondence file for this case. Nos. 35194/35865
11/13/2001Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix or show cause why sanctions should not be imposed on appellant's counsel. Respondent shall, within 30 days of service of the opening brief, file and serve the answering brief. Appellant may file a reply brief, within 30 days of service of the answering brief 01-18812
08/20/2002Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief and appendix or otherwise communicate with this court. Appellant shall, within 20 days from the date of this order, file and serve the opening brief and appendix or show cause why sanctions should not be imposed. Respondent shall, within 30 days from service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 30 days from service of the answering brief. 02-14182
10/31/2002Order/CounselFiled Order/Sanctions. This court has not received any communication from Mr. Gowen regarding this appeal since August 16, 2001. We conclude that Mr. Gowen's dilatory conduct in prosecuting this appeal warrants the imposition of sanctions. Mr. Gowen shall have 15 days from the date of this order to personally pay the sum of $500.00 to the Supreme Court Law Library and file proof of such payment with the clerk of this court. Mr. Gowen shall have 15 days from the date of this order to file and serve the opening brief and appendix. Thereafter briefing shall proceed in accordance with NRAP 31(a)(1). We caution Mr. Gowen that similar derelictions in this or any other appeal pending before this court may result in referral to the State Bar of Nevada. 02-18750
11/18/2002MotionFiled Motion to Extend Time. (Second request) 02-19774
11/19/2002Letter/IncomingFiled Letter. from attorney William L. Wolfbrandt enclosing a copy of a check in the amount of $2600 which was mailed to the Supreme Court Law Library. Wolfbrandt states that this should be full payment for all sanctions in nos. 35809, 35194 and 35865. (Our records show that the $500 sanction in 35809 was paid on 10/9/01; however $2600 remained due in nos. 35194 and 35865.) [02-19862]
11/19/2002Notice/IncomingFiled Status Report. Final Status Report from State Bar of Nevada re attorney William Wolfbrandt. NOTE: This original document was placed in attorney Wolfbrandt's bar file. No copy was placed in the correspondence file for this case. Nos. 35194 and 35865.
11/27/2002Notice/IncomingFiled Proof of Payment of Sanction. Check no. 5144 in the amount of $500.00 to the Supreme Court Law Library. 02-20462
12/04/2002Order/ProceduralFiled Order Granting Motion. filed November 18, 2002. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Failure to comply timely with this order may result in the imposition of sanctions, including referral to the State Bar of Nevada. 02-20749
01/27/2003MotionFiled Motion to Extend Time. Appellant's Third Motion for Enlargement of Time. 03-01388
02/07/2003MotionFiled Motion to Extend Time. Appellant's Fourth Motion for Enlargement of Time. 03-02195
02/21/2003Order/ProceduralFiled Order Granting Motion. filed January 27, 2003, and February 7, 2003. The clerk of this court shall file the opening brief and appendix received on February 7, 2003. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Appellant shall have 30 days from service of the answering brief to file and serve a reply brief. Failure to timely file a reply brief may be treated as a waiver of the right to file a reply brief. 03-02914
02/21/2003BriefFiled Opening Brief. Mailed on: FedEx 02/06/03. 03-02196
02/21/2003AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. 03-02197
03/12/2003Notice/IncomingFiled Notice of Change of Address. Attorney Gary Gowen. 03-04143
03/14/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: Arpil 28, 1998. To Court Reporter: Shirlee Prawalsky. 03-04356
03/20/2003TranscriptFiled Transcript. Proceedings: 4/28/98. Court Reporter: Shirlee Prawalsky. 03-04813
03/24/2003BriefFiled Answering Brief. Mailed on: Express-No postmark. 03-04922
04/28/2003MotionFiled Motion and Order Extending Time. Brief due: April 28, 2003. 03-07181
05/02/2003MotionFiled Motion and Order Extending Time. Brief due: April 29, 2003. 03-07461
05/02/2003MotionFiled Motion. 03-07462
05/02/2003BriefFiled Reply Brief. Mailed on: April 29, 2003. 03-07466
05/07/2003Order/ProceduralFiled Order. Denying Motion for Oral Argument. Appellant has moved this court for an order scheduling oral argument. We deny the motion. 03-07736
05/16/2003MotionFiled Motion. Appellant's Counsel's Motion to Evaluate Appellant. 03-08370
06/04/2003Order/ProceduralFiled Order Denying Motion. On May 16, 2003, appellant's counsel filed a motion requesting this court to enter an order suspending this court's deliberation of this appeal and directing appellant to 'be transported to an appropriate mental health facility for evaluation' and for a report respecting appellant's mental competence to assist counsel in this appeal. fn2[Counsel's motion references proper person communications appellant has submitted to this court. Because briefing has finally been completed, we have concluded that to the extent appellant's proper person documents request any relief from this court, that relief is not warranted at this time.] Counsel has failed to demonstrate that the relief requested is warranted at this time. We deny counsel's motion to suspend consideration of this appeal and to order appellant to be evaluated by mental health professionals. 03-09332
07/15/2003Notice/IncomingFiled Notice of Change of Address. Attorney Gary E. Gowen. 03-11948
10/28/2003Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 03-17999
10/28/2003Case Status Update Submitted for Decision. SNP04-RR/ML/WM
03/30/2004Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the disrict court for proceedings consistent with this order." fn1[This matter was submitted for decision by a panel of this court comprised of Justices Rose, Leavitt, and Maupin. Justice Leavitt havind died in office on Janury 9, 2004, this matter was decided by a two-justice panel.] SNP04-RR/WM 04-05935
04/27/2004RemittiturIssued Remittitur. 04-06601
04/27/2004Case Status Update Remittitur Issued/Case Closed.
05/13/2004RemittiturFiled Remittitur. Received by County Clerk on May 5, 2004. 04-06601