Docket Entries |
Date | Type | Description | Pending? | Document |
12/19/1996 | Filing Fee | Filing Fee Waived. | | |
12/19/1996 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). | | |
12/30/1996 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
12/30/1996 | Notice/Outgoing | Issued Notice. D.C. Docket Entries, Judgment, Exhibit List. Due Date: 10 days. | | |
01/06/1997 | Notice of Appeal Documents | Received Documents from District Court Clerk. Docket entries, exhibit list and minutes. | | |
01/09/1997 | Notice of Appeal Documents | Received Case Appeal Statement. Filed in district court on: 12/18/97. | | |
08/11/1997 | Order/Procedural | Filed Order. To date, appellant has failed to file the docketing statement and opening brief. Appellant shall, within 15 days from the date of this order, file the docketing statement and opening brief or show cause why sanctions should not be imposed against counsel for appellant. | | |
08/27/1997 | Transcript Request | Filed Certificate of No Transcript Request. | | |
08/27/1997 | Brief | Filed Opening Brief. Mailed on: 8/26/97. (STRICKEN BY ORDER 9/15/97). | | |
08/27/1997 | Docketing Statement | Filed Docketing Statement. | | |
09/02/1997 | Notice/Incoming | Filed Notice. Affidavit of Service by Mail: Certification. | | |
09/09/1997 | Motion | Filed Motion to Strike. Motion to Strike Appellant's Opening Brief and to Hold Briefing Schedule in Abeyance. | | |
09/15/1997 | Order/Procedural | Filed Order. Appellant filed the opening brief on August 27, 1997. The opening brief suffers from several procedural deficiencies. We direct the clerk to strike the deficient opening brief filed on August 27, 1997. Appellant shall have 10 days from the date of this order to serve and file an amended opening brief and a joint appendix or an appellant's appendix. Respondent shall have 30 days from filing of the amended opening brief to serve and file the answering brief. 1[We deny as moot respondent's motion to strike the opening brief and to hold the briefing schedule in abeyance]. (Original and two copies of Appellant's Opening Brief stricken). | | |
10/23/1997 | Order/Procedural | Filed Order. Our review of the documents transmitted to this court indicates that the district court has not yet entered a written judgment of conviction. The district court shall, within 30 days from the date of this order, either (1) enter a written judgment or (2) inform this court that it is reconsidering the decision. In the event the district court enters a written judgment (or has already entered a written judgment of which we are unaware), the clerk of the district court shall immediately transmit a certified copy of the judgment to the clerk of this court. | | |
10/29/1997 | Order/Procedural | Filed Order. To date, appellant has failed to file the amended opening brief and appendix. Appellant shall, within 15 days from the date of this order, file the required documents or show cause why sanctions should not be imposed against counsel for appellant. | | |
11/03/1997 | Notice of Appeal Documents | Received District Court Order/Judgment. Copy of order or judgment appealed from filed in district court on: January 7, 1997. | | |
04/08/1998 | Motion | Filed Motion to Dismiss Appeal. Motion to Dismiss Appeal or in the Alternative, Motion to Compel Appellant's Counsel to file and Amended Opening Brief and Appendix. | | |
07/24/1998 | Order/Procedural | Filed Order Resolving Motion or Stipulation. We deny respondent's motion to dismiss this appeal. We direct attorney Alan R. Harter -- for the third time -- to file an amended opening brief and an appendix within 20 days from the date of this order. Counsel's failure to comply with our previous orders or to communicate with this court in any way regarding his non-compliance warrants the imposition of sanctions. Attorney Alan R. Harter shall personally pay the sum of $500 to the Supreme Court Law Library and provide the clerk of this court with proof of payment within 20 days of the date of this order. Failure to comply with this order in a timely manner may result in the imposition of additional sanctions including the referral of this matter to the State Bar of Nevada for further investigation. (Copy of order mailed to attorney Harter by regular and certified mail). | | |
06/08/1999 | Order/Procedural | Filed Order/Temporary Remand. Order Referring Counsel to State Bar and Remanding for the Limited Purpose of the Appointment of New Counsel. Attorney Harter has failed to comply with our orders or otherwise to communicate with this court. We hereby remove attorney Harter as counsel for record for appellants herein. We refer these matters to the State Bar of Nevada for investigation and, if appropriate, disciplinary proceedings regarding attorney Harter's conduct and failure to prosecute these appeals in an appropriate manner. We remand Docket No. 29734 to Department 10 and Docket No. 30789 to Department 5 of the Eighth Judicial District Court for the appointment of new counsel to represent appellants. The district court shall, within 30 days of the date of this order, appoint new counsel; shall immediately advise the clerk of this court of the date of appointment and name of the attorneys appointed; shall serve a copy of this order on the attorneys appointed and provide this court with proof of such service within 10 days of appointment. Newly-appointed counsel shall enter an appearance with this court within 10 days of appointment and shall, within 90 days file and serve opening briefs and appendices. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 1[Newly appointed counsel in Docket No. 30789 shall, within 30 days of appointment, file and serve a docketing statement and a transcript request form or a certificate of no transcript request]. (Copy of order mailed to attorney Harter by regular and certified mail). Nos. 29734 and 30789. | | |
07/01/1999 | Notice/Incoming | Filed Notice of Appearance. David M. Schieck as counsel for appellant. (Docketing Statement mailed to counsel for appellant.) | | |
07/16/1999 | Docketing Statement | Filed Docketing Statement. | | |
07/16/1999 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 9/3/96, 9/4/96, 9/5/96 and 12/16/96. Court Reporter: Sharleen Nicholson. | | |
07/26/1999 | Notice/Incoming | Filed Notice. Notice of Appointment of Counsel with certified copy of Order Appointing Counsel filed in district court on June 29, 1999. (no action required). | | |
07/29/1999 | Transcript | Filed Transcript. Proceedings: September 3, 4, 5, 1996 and December 16, 1996. Court Reporter: Sharleen Nicholson. | | |
09/27/1999 | Motion | Filed Motion to Extend Time. | | |
09/28/1999 | Order/Clerk's | Filed Clerk's Order Granting Motion. The motion filed September 27, 1999 is granted. The appellant's opening brief and appendix shall be served and filed on or before October 26, 1999. | | |
10/28/1999 | Motion | Filed Motion to Extend Time. | | |
11/04/1999 | Order/Clerk's | Filed Clerk's Order Granting Motion. Appellant may have to and including November 29, 1999, to file and serve the opening brief and appendix. We do not expect further requests for extensions of time. | | |
11/15/1999 | Brief | Filed Amended Brief. Amended Appellant's Opening Brief. Mailed on: 11/12/99. | | |
11/15/1999 | Appendix | Filed Appendix to Opening Brief. | | |
12/16/1999 | Brief | Filed Answering Brief. Mailed on: Express-no postmark. | | |
01/18/2000 | Motion | Filed Stipulation and Order. Brief due: February 14, 2000. | | |
02/10/2000 | Brief | Filed Reply Brief. Mailed on: 2/8/99. | | |
09/28/2000 | Order/Procedural | Filed Order. 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. | | 00-17184 |
09/28/2000 | Case Status Update | Submitted for Decision. | | |
10/11/2000 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal and Remand. "We remand this case for a new trial." Shearing, J. and Becker, J. Maupin, J., concurring in the result. SNP99B-WM/MS/NB | | 00-17954 |
11/07/2000 | Remittitur | Issued Remittitur. | | 00-18205 |
11/07/2000 | Case Status Update | Remittitur Issued/Case Closed. | | |
12/04/2000 | Remittitur | Filed Remittitur. Received by County Clerk on November 13, 2000. | | 00-18205 |
02/27/2003 | Order/Counsel | Filed Order/Sanctions. Order Directing Attorney Alan R. Harter to Pay Sanctions or Appear and Show Cause Why He Should Not Be Held in Contempt of Court. In each of these three appeals, this court sanctioned attorney Alan R. Harter for failure to comply with this court's orders and rules of appellate procedure. Despite the fact that the sanctions are long overdue, Harter has failed to pay the sanctions, and he has not otherwise communicated with this court regarding the sanctions. In sum, Harter's conduct in these matters has been entirely unacceptable. Harter shall have 30 days from the date of this order within which to provide the clerk of this court with proof of payment of the overdue sanctions to the Supreme Court Law Library, in the total amount of $750.00, plus an additional sanction to the Supreme Court Law Library of $1,000.00, or personally appear before this court and show cause why he should not be held in contempt of this court, and subjected to an appropriate punishment including, but not limited to, the possibility of confinement, immediate suspension from the practice of law, or an order of this court prohibiting Harter from accepting any clients involved in criminal proceedings or the appointment by the court as counsel for any indigent for criminal defendants and also prohibiting him from appearing as counsel of record in this court. Docket Nos. 29734/29849/39697 – not consolidated. | | 03-03225 |
03/13/2003 | Notice/Incoming | Filed Proof of Payment of Sanction. Payment of Sanctions from Alan R. Harter in the amount of $1750.00 - check no. 3520. Nos. 39734/39849/39697 - not consolidated. | | 03-04267 |