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United States Court Cases

Nevada Supreme/Appellate Court Record

ALLEN (NOEL) VS. STATE C/W 28529

Case Information: 28647
Short Caption:ALLEN (NOEL) VS. STATE C/W 28529Court:Supreme Court
Consolidated: 28529 *, 28647
Lower Court Case(s):Clark Co. - Eighth Judicial District - C73772Classification:Criminal Appeal - Other - 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:08/13/1999How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/04/1996Record on Appeal DocumentsFiled Record on Appeal.
06/20/1996Order/ProceduralFiled Order. We direct the district court to, within 30 days from the date of this order, either enter a written order denying appellant's petition and motion or inform this court that it is reconsidering those matters. In the event the district court enters a written order denying appellant's petition or motion, we direct the clerk of the district court to immediately transmit a certified copy of the order to the clerk of this court. The clerk of this court shall then add that copy to the record on appeal.
07/16/1996Notice of Appeal DocumentsReceived District Court Order/Judgment. Certified copy of Findings of Fact, Conclusions of Law and Order from Clark County Clerk and placed in record on appeal as pages 265 through 269. (DOCUMENT REMOVED FROM CASE NO. 28647 AND PLACED IN RECORD ON APPEAL IN CASE NO. 28529; SEE AUGUST 7, 1996, DOCKET ENTRY IN NO. 28529).
03/19/1997Order/ProceduralFiled Order. We again direct the district court to, within 30 days from the date of this order, either enter a written order denying appellant's petition and motion or inform this court that it is reconsidering those matters. In the event the district court enters a written order denying appellant's petition or motion, we direct the clerk of the district court to immediately transmit a certified copy of the order to the clerk of this court. The clerk shall add the certified copy to the record on appeal.
03/26/1997Notice of Appeal DocumentsReceived District Court Order/Judgment. Certified copy of the Findings of Fact, Conclusions of Law and Order filed in the district court on February 11, 1997, and placed in the Record on Appeal as pages 265 through 268.
06/23/1998Order/ProceduralFiled Order/Temporary Remand. We remand this matter to the district court for the appointment of counsel to represent appellant on appeal. The district court shall appoint counsel within 30 days from the date of this order. The clerk of the district court shall transmit to the clerk of this court, within 5 days of the date of appointment, a copy of the district court's written or minute order appointing counsel. The clerk of the district court shall also serve a copy of this order on appointed counsel and provide the clerk of this court with proof of such serice. Appointed counsel shall enter an appearance with the clerk of this court within 10 days of the date of appointment. Counsel shall file the docketing statement required by NRAP 14 within 20 days of the date of counsel's appearance in this court. Counsel shall have 120 days from the date of his or her appearance in this court within which to file an opening brief on appellant's behalf. Counsel shall present this court with arguments appropriate for appellant's direct appeal and for the appeal from the post-conviction motion and petition which are already before this court. Briefing shall then proceed in accordance with NRAP 31(a)(1). 1[With the exception of the time granted to file the opening brief, appointed counsel shall comply with the rules of appellate procedure effective prior to the amendments on September 1, 1996. For purposes of this appeal, the time periods specified under each rule shall commence from the date of counsel's first appearance in this court. Counsel may also file a supplemental record on appeal, if counsel deems that to be necessary.]
09/11/1998Order/ProceduralFiled Order. We again direct the district court, within 20 days of the date of this order, to appoint counsel to represent appellant. The clerk of the district court shall transmit to this court, within 5 days of the date of appointment, shall file the docketing statement within 20 days of the date of counsel's appearance in this court. 1[With the exception of the time granted to file the opening brief, counsel shall comply with the rules of appellate procedure effective prior to the amendments on September 1, 1996. The time periods specified under each rule shall commence from the date of counsel's first appearance in this court. Counsel may also file a supplemental record on appeal, if counsel deems that to be necessary.] Counsel shall have 120 days from the date of appearance in this court to file an opening brief. Briefing shall proceed in accordance with NRAP 31(a)(1).
09/17/1998Notice/IncomingFiled Notice of Appearance. Representing appellant: JoNell Thomas. (Docketing Statement mailed to counsel for appellant.)
09/25/1998Notice of Appeal DocumentsFiled Documents from District Court Clerk. Notice of Appointment of Counsel filed in district court on September 23, 1998. JoNell Thomas as counsel for appellant.
09/28/1998Docketing StatementFiled Docketing Statement.
01/19/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental.
01/19/1999BriefFiled Opening Brief. Mailed on: 1/14/99.
01/19/1999Record on Appeal DocumentsFiled Record on Appeal. Appellant's Supplemental Record Excerpts.
02/04/1999Order/ProceduralFiled Order. We conclude that these two appeals should be consolidated for resolution. We consolidate Docket No. 28529 and Docket No. 28647, and we direct attorney JoNell Thomas to brief issues appropriate for a direct appeal from the judgments of conviction and for the appeals in the post-conviction matters in both cases. We extend the 120 days from the date of this order the time for appellant to file a consolidated opening brief. 2[This court already has records on appeal for both cases; therefore, the parties will not need to prepare or file an appendix.] Nos. 28529, 28647.
02/25/1999Order/ProceduralFiled Order. The briefing schedule established by our February 4, 1999, order remains in effect. Appellant need only brief those issues relevant to Docket No. 28529 in the consolidated opening brief, as the opening brief filed in Docket No. 28647 shall remain on file in that appeal. The state shall, within 30 days from service of the consolidated opening brief, file a single, consolidated answering brief addressing both opening briefs. 1[The State should not file a separate answer to the opening brief filed on January 19, 1999, in Docket No. 28647.] Thereafter, appellant shall have 30 days from service of the answering brief to serve and file a single, consolidated reply brief. Nos. 28529, 28647.
04/29/1999BriefFiled Opening Brief. Mailed on: 4/27/99. Nos. 28529 and 28647.
05/28/1999MotionFiled Stipulation and Order. Brief due: July 1, 1999. Nos. 28529 and 28647.
07/01/1999MotionFiled Motion to Extend Time. Nos. 28529 and 28647.
07/06/1999Order/Clerk'sFiled Clerk's Order Granting Motion. The motion filed July 1, 1999, is granted. The answering brief shall be served and filed on or before July 12, 1999. Nos. 28529 and 28647.
07/14/1999BriefFiled Answering Brief. Mailed on: Express-No postmark. Nos. 28529 and 28647.
07/14/1999AppendixFiled Appendix to Answering Brief. Nos. 28529 and 28647.
08/13/1999BriefFiled Reply Brief. Mailed on: 8/11/99. Nos. 28529 and 28647.
08/13/1999Case Status Update Submitted for Decision.
05/26/2000Letter/IncomingFiled Letter. Change of Address for JoNell Thomas (updated in CMS).
08/16/2000Order/DispositionalFiled Order Dismissing Appeal. These are consolidated appeals from two judgments of conviction. "ORDER these appeals dismissed." SNP99B-WM/MS/NB Nos. 28529, 28647. Document No. 00-14274.
08/30/2000MotionReceived Proper Person Motion. Motion for Leave to file Proper Person Pleadings. (Nos. 28529 and 28647). RETURNED UNFILED 09/12/00.
08/30/2000MotionReceived Proper Person Motion. Motion for Fifteen (15) Days Extension of Time to file a Motion for Rehearing. (First Request). (Nos. 28529 and 28647). RETURNED UNFILED 09/12/00.
09/12/2000Order/ProceduralFiled Order. On August 16, 2000, this court entered an order dismissing these consolidated appeals. On August 30, 2000, this court received proper person documents from appellant. Because appellant is represented by counsel in this appeal, we decline to grant appellant permission to proceed in proper person. The clerk of this court shall return to appellant, unfiled, the proper person documents received on August 30, 2000. Appellant shall proceed hereafter by and through counsel and shall address all concerns relating to these appeals to his counsel. Nos. 28529, 28647. Document No. 00-16026.
09/12/2000Notice/OutgoingIssued Letter. to appellant Noel Allen: returned unfiled, the original proper person Motion for Leave to file Proper Person Pleadings and Motion for Fifteen (15) Days Extension of Time to file a Motion for Rehearing (First Request), received on August 30, 2000. Nos. 28529, 28647.
09/12/2000RemittiturIssued Remittitur. Returned Record on Appeal and Supplemental Record on Appeal this day. 00-14495
09/12/2000Case Status Update Remittitur Issued/Case Closed.
09/29/2000Notice/OutgoingIssued Letter. to Noel Allen returning, unfiled the original and two copies of the Petition for Rehearing. (Nos. 28529 and 28647).
10/25/2000RemittiturFiled Remittitur. Received by County Clerk on October 4, 2000. 00-14495