| Case Information: 39582 | |||
| Short Caption: | GAESS (RANDALL) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 35682 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C152329 | Classification: | Criminal Appeal - Fast Track - Post-Conviction |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 05/03/2002 | Filing Fee | Filing Fee Waived. | ||
| 05/03/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 02-07846 | |
| 05/15/2002 | Notice/Incoming | Filed Notice of Appearance. James P. Logan , Chief Appellate Deputy State Public Defender, confirms that he will handle this appeal for appellant. | 02-08573 | |
| 05/28/2002 | Transcript | Filed Transcript. Proceedings: 4/12/02. Court Reporter: Janie Olsen. | 02-09324 | |
| 06/11/2002 | Motion | Filed Motion to Extend Time. | 02-10162 | |
| 06/19/2002 | Order/Procedural | Filed Order/Fast Track. On May 15, 2002, the State Public Defender entered a notice of appearance in this court and informs this court he was appointed by the district court pursuant to NRS 108.060(4). On June 11, 2002, the State Public Defender filed a motion for an extension of time to file the fast track statement. This court concludes that NRS 180.060(4) does not relieve the Clark County Public Defender of his duties pursuant to NRAP 3C. The State Public Defender will remain as appellate counsel, and may file a supplemental fast track statement according to NRAP 3C(g). The State Public Defender's motion for an extension of time is denied. The Clark County Public Defender shall have 30 days to file and serve the fast track statement and appendix. | 02-10629 | |
| 07/23/2002 | Motion | Filed Motion to Extend Time. | 02-12598 | |
| 08/07/2002 | Order/Procedural | Filed Order Granting Motion. filed July 23, 2002. Counsel for appellant shall have 20 days from the date of this order within which to file and serve the fast track statement and appendix. | 02-13466 | |
| 08/20/2002 | Fast Track Brief | Filed Fast Track Statement. | 02-14192 | |
| 08/20/2002 | Appendix | Filed Appendix to Fast Track Statement. | 02-14194 | |
| 09/11/2002 | Motion | Filed Motion and Order/Excess Pages. Granted: 15 pages. | 02-15698 | |
| 09/11/2002 | Fast Track Brief | Filed Fast Track Response. | 02-15699 | |
| 09/11/2002 | Appendix | Filed Appendix to Fast Track Response. | 02-15700 | |
| 10/24/2002 | Order/Procedural | Filed Order/Fast Track. On August 20, 2002, appellant's trial counsel filed the fast track statement in this appeal. Appellant is also represented by appellate counsel, the State Public Defender. The State Public Defender shall have 20 days from the date of this order to file either a supplemental fast track statement or a notice that no supplemental fast tract statement will be filed. | 02-18450 | |
| 11/13/2002 | Motion | Filed Motion to Extend Time. Motion to Extend Time in Which to File Appellant's Supplemental Fast Track Statement. | 02-19534 | |
| 11/26/2002 | Order/Procedural | Filed Order Denying Motion. The motion for an extension of time is denied. Appellant's counsel shall have 15 days from the date of this order to file and serve the fast track statement and appendix or show cause why counsel should not be sanctioned. | 02-20308 | |
| 12/11/2002 | Fast Track Brief | Filed Fast Track Statement. | 02-21187 | |
| 12/26/2002 | Fast Track Brief | Filed Fast Track Response. | 02-22085 | |
| 01/24/2003 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn14[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted.] NNP03-RR/WM/MG | 03-01323 | |
| 02/14/2003 | Order/Procedural | Filed Order. On February 6, 2003, appellant submitted a proper person motion requesting permission to file a proper person petition for rehearing. The motion is accompanied by a proposed petition for rehearing. 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). Nevertheless, because we elect to resolve appellant's motion on the merits, we direct the clerk of this court to file the motion received on February 6, 2003. We deny appellant's motion. Accordingly, the clerk of this court shall return, unfiled, appellant's petition for rehearing received on February 6, 2003. Pursuant to NRAP 41(a), the remittitur is due to issue February 18, 2003. Nevertheless, we order the issuance of the remittitur stayed to provide appellant's counsel an opportunity to file a petition for rehearing on appellant's behalf. Appellant's counsel shall have fifteen (15) days from the date of this order to file a petition for rehearing, if any. If appellant's counsel does not file a petition for rehearing within fifteen (15) days of the date of this order, 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. | 03-02571 | |
| 02/14/2003 | Motion | Filed Proper Person Motion. Motion for Permission to File Petition for Rehearing in Proper Person. | 03-02182 | |
| 02/14/2003 | Other | Returned Unfiled Document. Petition for Rehearing. | 03-02183 | |
| 03/03/2003 | Post-Judgment Petition | Filed Petition for Rehearing. | 03-03366 | |
| 04/21/2003 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP03-RR/WM/MG | 03-06699 | |
| 05/16/2003 | Remittitur | Issued Remittitur. | 03-06777 | |
| 05/16/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 05/27/2003 | Remittitur | Filed Remittitur. Received by County Clerk on May 19, 2003. | 03-06777 | |