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United States Court Cases

Nevada Supreme/Appellate Court Record

SCOTT (STEVEN) VS. STATE

Case Information: 39654
Short Caption:SCOTT (STEVEN) VS. STATECourt:Supreme Court
Related Case(s): 39480 , 39547 , 39661 , 41027 , 43261 , 43724 , 44151 , 44271 , 44683 , 45035 , 45410 , 45564 , 46014 , 46254 , 46694 , 47221 , 47486 , 47721 , 54329 , 57243 , 61973 , 63819 , 64624 , 64823 , 68283 , 68693 , 68693-COA , 72683 , 72683-COA , 77422 , 77422-COA , 79089 , 81720
Lower Court Case(s):Clark Co. - Eighth Judicial District - C180118Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:12/18/2003 at 9:30 AMOral Argument Location:Carson City
Submission Date:12/18/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/17/2002Filing Fee Filing Fee Waived.
05/17/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 02-08758
06/12/2002Notice/OutgoingIssued Notice to Transmit Required Document. Judgment of Conviction entered 6/4/02. Due Date: 10 days
06/14/2002Order/ProceduralFiled Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from appointment or appearance of counsel the district court clerk shall transmit to this court a copy of the district court's written or minute order, and serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance in this court. fn2[All filing deadlines shall commence to run from the date on which counsel is required to enter an appearance in this court.] 02-10339
06/20/2002Order/ProceduralFiled Order. Docket No. 39654 is proper person notice of appeal from a verdict and sentence. Docket No. 39661 is a second proper person notice of appeal from a verdict and sentence in the same direct court case. Because the clerk of this court inadvertently docketed these appeals under two separate docket numbers, we direct the clerk of this court to administratively close Docket No. 39661. The clerk of this court shall transfer to Docket No. 39654, all documents filed or received in Docket No. 39661. This direct appeal shall proceed under Docket No. 39654. fn1[On June 14, 2002, this court entered an order of remand for designation of counsel in Docket No. 39654. Therefore, this court denies as moot appellant's proper person received in Docket No. 39661 requesting a continuance for withdrawal of proper person status in the district court.] 02-10720
06/20/2002Other Other. 06/20/02 Order: administratively close Docket No. 39661 and transfer to Docket No. 39654, all documents filed or received in Docket No. 39661. Transferred from Docket No. 39661 to Docket No. 39654. 05/20/02 Filing Fee Waived: Criminal. clerk7 05/20/02 Filed Certified Copy of proper person Notice of Appeal. Appeal docketed in the Supreme Court this day. (02-08907) clerk7 05/30/02 Received Proper Person Letter. Letter requesting a thirty (30) day continuance based upon the motion to withdraw proper person status filed in the district court. (02-09446) clerk 7 (06/20/02 Order-fn1: denied as moot).
06/21/2002Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of judgment of conviction filed in district court on June 4, 2002. 02-10785
07/19/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.) 02-12453
08/12/2002Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on August 5, 2002, enclosing a copy of minute order. Orlando De Castroverde appointed as counsel for appellant. 02-13705
08/30/2002Order/ProceduralFiled Order. On July 19, 2002, attorney Orlando J. De Castroverde filed a duplicate notice of appeal on behalf of appellant. We elect to treat this notice of appeal as a notice of appearance and set forth the following filing due dates. Appellant: 15 days from the date of this order to file and serve the docketing statement and comply with NRAP 9(a); 120 days to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). On July 24, 2002, appellant submitted a proper person 'First Amendment Motion to Correct Error in Filing/and Appeal.' We note that appellant is represented by counsel on appeal and has not been granted leave to file documents in proper person. We direct the clerk of this court to return, unfiled, the proper person motion received on July 24, 2002. Appellant shall address all concerns related to this appeal to his counsel of record. (Docketing statement mailed to counsel for appellant.) 02-15053
08/30/2002Notice/OutgoingIssued Letter. to appellant Steven L. Scott. Returned the original proper person First Amendement Motion to Correct Error in Filing/And Appeal received on July 24, 2002.
09/18/2002Other Returned Unfiled Document.
09/30/2002Docketing StatementFiled Docketing Statement. 02-16820
10/01/2002Order/ProceduralFiled Order. Appellant shall, within 10 days from the date of this order, file and serve either a transcript request form or a certificate indicating that no transcripts are being requested. 02-16980
10/10/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/26/02 2/28/02; 3/4/02 through 3/6/02. To Court Reporter: Peggy Isom. 02-17550
11/04/2002TranscriptFiled Transcript. Proceedings: 02/26/02; 02/28/02; 05/06/02; 05/07/02; 05/08/02; 05/09/02; and 08/30/02. Court Reporter: Peggy Isom. (08/30/02 TRANSCRIPT TRANSFERRED TO CASE NO. 40201) 02-18918
12/11/2002Order/Procedural Order. On October 10, 2002, appellant filed a transcript request form requesting the production of transcripts by court recorder Peggy Isom. Our review of the district court minute entries indicates that DiAnn Prock was the court reporter for those proceedings. Ms. Prock shall have 30 days from the date of this order to prepare and file the transcripts for proceedings conducted on March 4, 2002, March 5, 2002, and March 6, 2002. If more time is needed to complete the preparation of the transcripts, Ms. Prock shall, within the same time period, file a motion requesting an extension of time. If the requested transcripts cannot be produced, Ms. Prock, shall notify this court, in writing, of this fact. 02-21175
12/19/2002Letter/IncomingFiled Letter. from Court Reporter Leta Haupt regarding transcripts. 02-21761
12/30/2002MotionFiled Motion to Extend Time. Sixty day request. 02-22164
01/08/2003Order/ProceduralFiled Order Granting Motion. filed December 30, 2002. Appellant shall file the opening brief and appendix by February 26, 2003. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 03-00358
01/31/2003TranscriptFiled Transcript. Proceedings: 3/4/02; 3/5/02; and 3/6/02. Court Reporter: Diann Prock. 03-01711
02/26/2003MotionFiled Motion to Extend Time. (second request). 03-03173
03/10/2003Order/ProceduralFiled Order/Motion Granted in Part. Counsel requests an extension of 30 additional days to file the opening brief. We grant the motion in part. Appellant shall have until March 17, 2003, to file and serve the opening brief. Any additional extensions of time will be granted only on showing of extreme and unforeseeable circumstances. 03-03960
03/19/2003BriefFiled Opening Brief. Mailed on 3/17/03. 03-04688
03/19/2003AppendixFiled Appendix to Opening Brief. 03-04689
04/24/2003MotionFiled Motion to Extend Time. 03-06950
04/28/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed April 24, 2003. Respondent shall have until May 30, 2003, to file and serve the answering brief. 03-07175
06/02/2003BriefFiled Answering Brief. 03-09110
06/02/2003AppendixFiled Appendix to Answering Brief. 03-09114
07/07/2003BriefFiled Reply Brief. 03-11281
07/07/2003AppendixFiled Appendix to Reply Brief. 03-11287
10/15/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 18, 2003, at 9:30 a.m. (SNP04-RR/ML/WM)
12/04/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
12/18/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP04-RR/ML/WM
01/20/2004Order/ProceduralFiled Order. This matter was submitted for decision following oral argument on December 18, 2003. The oral argument was held before a panel of this court comprised of Justices Rose, Leavitt, and Maupin. Justice Leavitt having died in office on January 9, 2004, Chief Justice Shearing will participate in the decision of this matter in Justice Leavitt's place on the record, briefs and recording of the oral argument. SNP04S-MS/RR/WM 04-01123
03/31/2004Order/ProceduralFiled Order. Denying Proper Person Motion. Appellant has submitted a motion for leave to file a proper person supplemental opening brief and appendix. See NRAP 46(b). The clerk shall file the motion received on March 25, 2004. No good cause appearing, we deny the motion. The clerk shall return, unfiled, the supplemental opening brief and appendix received on March 25, 2004. 04-05967
03/31/2004MotionFiled Proper Person Motion. Motion for Leave to Proceed with Supplement Brief Pursuant to N.R.A.P. 46(b). 04-05607
03/31/2004Notice/OutgoingIssued Letter. to appellant Steven L. Scott. Returned unfiled, the original "Proper Person Appellant's Supplemental Brief and Appellant's Supplemental Appendix received on March 25, 2004."
04/06/2004Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for entry of a corrected judgment of conviction." SNP04S-MS/RR/WM 04-06311
04/22/2004MotionReceived Proper Person Motion. Motion for Leave to Proceed with Petition for Rehearing. 04-07474
04/30/2004Order/ProceduralFiled Order. On April 6, 2004 this court entered an Order Affirming in Part, Reversing in Part and Remanding in this appeal. On April 22, 2004, appellant submitted a motion for leave to file a proper person petition for rehearing. The motion is accompanied by the proposed petition for rehearing. fn1[Because we elect to resolve appellant's motion on the merits, we direct the clerk of this court to file the motion.] We note that appellant is represented by counsel in this appeal and has not been granted leave to file papers in proper person. See NRAP 46(b). Accordingly, we deny appellant's motion for leave to file a proper person petition for rehearing. The clerk of this court shall return, unfiled, appellant's petition for rehearing. Pursuant to NRAP 41(a), the remittitur is due to issue May 4, 2004. Nevertheless, we order issuance of the remittitur stayed to provide appellant's counsel, Mr. Orlando J. De Castroverde, an opportunity to file a petition for rehearing on appellant's behalf. Mr. De Castroverde shall have fifteen (15) days from the date of this order to file a petition for rehearing, if any. fn2[ We remind Mr. De Castroverde that he remains counsel of record until issuance of the remittitur in this appeal.] If Mr. De Castroverde does not file a petition for rehearing within the time period set forth above, the remittitur shall issue twenty (20) days from the date of this order. Appellant shall proceed hereafter by and through counsel and shall address concerns relating to this appeal to counsel of record. The clerk of this court shall hereafter return, unfiled, any proper person documents submitted in this appeal by appellant. 04-07975
04/30/2004MotionFiled Proper Person Motion. Motion for Leave to Proceed with Petition for Rehearing. 04-07474
04/30/2004Notice/OutgoingIssued Letter. to appellant Steven L. Scott. Returned unfiled, the original "Proper Person Petition for Rehearing received on April 22, 2004."
05/14/2004Filing Fee Returned Filing Fee. Check No. 1453 in the amount of $100.00 returned to Orlando De Castroverde. (No filing fee due in criminal matters.)
05/14/2004Post-Judgment PetitionFiled Petition for Rehearing. 04-09033
05/14/2004Post-Judgment PetitionFiled Supplement to Petition for Rehearing. Appendix to Appellant's Petition for Rehearing. 04-09035
06/02/2004Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). 04-10162
06/29/2004RemittiturIssued Remittitur. 04-10377
06/29/2004Case Status Update Remittitur Issued/Case Closed.
08/03/2004RemittiturFiled Remittitur. Received by County Clerk on July 1, 2004. 04-10377
02/12/2019MotionFiled Proper Person Appellant's Motion for Leave to File Pro-Per "Motion to Recall Remittitur." (SC) 19-06528
02/15/2019Order/ProceduralFiled Order Denying Motion. Appellant has filed a pro se motion to recall the remittitur. The motion is denied. (SC) 19-07408