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United States Court Cases

Nevada Supreme/Appellate Court Record

BRAWNER, JR. (RICHARD) VS. STATE

Case Information: 39598
Short Caption:BRAWNER, JR. (RICHARD) VS. STATECourt:Supreme Court
Related Case(s): 46100
Lower Court Case(s):Washoe Co. - Second Judicial District - CR011053Classification: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:11/19/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/07/2002Filing Fee Filing Fee Waived.
05/07/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 02-08016
05/15/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 02-08585
05/20/2002Order/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. fn1[All filing deadlines shall commence to run from the date on which counsel is required to enter an appearance in this court.] 02-08818
05/22/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 02-09051
05/24/2002Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on 5/10/02 appointing Washoe County Public Defender as counsel for appellant. 02-09196
06/03/2002Notice/IncomingFiled Notice of Appearance. Representing appellant: John Reese Petty. (Docketing Statement mailed to counsel for appellant.) 02-09692
06/14/2002Docketing StatementFiled Docketing Statement. 02-10358
06/14/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 19, 2002. To Court Reporter: D. Phipps. (This date is in error; the date of sentencing was April 19, 2002, not March 19, 2002.) 02-10359
06/17/2002Transcript RequestFiled Motion for Transcripts at Public Expense and Specification of Error (Request for Submission) - filed in the district court on June 13, 2002 (No action required). 11-23318
06/18/2002TranscriptFiled Transcript. Proceedings: April 19, 2002. Court Reporter: Denise Phipps. 02-10565
06/24/2002Order/IncomingFiled District Court Order. Certified copy of order filed in district court on: June 20, 2002. 02-10883
07/18/2002MotionFiled Motion. Motion to Withdraw as Counsel on Appeal due to a Conflict of Interest and Request for Appointment of New Counsel. 02-12327
10/02/2002MotionFiled Stipulation and Order. Brief due: November 1, 2002. 02-17056
11/18/2002MotionFiled Stipulation. Stipulation that briefing be suspended. 02-19789
02/19/2003Order/ProceduralFiled Order. On July 18, 2002, Mr. Petty filed a motion to withdraw a counsel of record for appellant. We grant the motion. The clerk of this court shall remove Mr. Petty and the Washoe County Public Defender as counsel for appellant. Because we grant Mr. Petty's motion to withdraw, we remand this appeal to the district court for the limited purpose of appointing counsel for appellant. The district court shall have 30 days from the date of this order to appoint new counsel for appellant. Within 5 days from appointment 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. All filing deadlines shall commence to run from the date on which counsel is required to enter an appearance in this court. Because the docketing statement and transcript request form have already been filed with this court, newly appointed counsel is only required to file the opening brief and appendix, and reply brief, if deemed necessary. We disapprove the stipulation filed on November 18, 2002. On July 11, 2002, appellant submitted a proper person document entitled 'Supplement Appeal.' Appellant has not been granted leave to file documents in proper person. We direct the clerk of this court to return, unfiled, the proper person document received on July 11, 2002. Appellant shall address all concerns regarding this appeal to newly appointed counsel, and shall proceed through newly appointed counsel in the prosecution of this appeal. 03-02819
02/19/2003Notice/OutgoingIssued Letter. to appellant Richard A. Brawner. Returned unfiled, the original proper person "Supplement Appeal" received July 11, 2002.
04/21/2003Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on 4/15/03 appointing Scott Edwards as counsel for appellant. 03-06821
04/22/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: Scott W. Edwards. 03-06848
08/08/2003BriefFiled Opening Brief. 03-13311
08/08/2003AppendixFiled Appendix to Opening Brief. Vol. 1 and 2. 03-13312
08/21/2003Order/ProceduralFiled Order. Denying Proper Person Motion. Appellant has submitted a document entitled "Motion to Seek Leave to File in Proper Person Supplement Appeal in Addition to Issues Raised by Counsel of Record." Because appellant is represented by counsel, we again decline to grant him leave to file documents in proper person. fn1-[ Because we elect to resolve the motion on the merits, we direct the clerk to file the motion. However, we decline to grant appellant permission to file additional documents in proper person. NRAP 46(b)] Further, the clerk of this court shall return, unfiled, any future proper person document submitted for filing. Nevertheless, if appellant's counsel determines, in his professional judgment, that appellant's additional issues have merit, counsel may file a motion for leave to file a supplemental brief. 03-14081
08/21/2003MotionFiled Proper Person Motion. Motion to Seek Leave to file in Proper Person Supplement Appeal in Addition to Issues Raised by Counsel of Record. 03-12690
09/04/2003BriefFiled Answering Brief. 03-14837
09/04/2003AppendixFiled Appendix to Answering Brief. State's Supplemental Appendix. 03-14838
10/20/2003Case Status Update Briefing Completed. No reply brief filed.
11/19/2003Order/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. 03-19258
11/19/2003Case Status Update Submitted for Decision.
02/18/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." NNP04-NB/DA/MG 04-03131
03/16/2004RemittiturIssued Remittitur. 04-03393
03/16/2004Case Status Update Remittitur Issued/Case Closed.
03/29/2004RemittiturFiled Remittitur. Received by County Clerk on March 18, 2004. 04-03393