| Case Information: 39386 | |||
| Short Caption: | HOLMES (BARON) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 41974 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C178975 | Classification: | Criminal Appeal - Fast Track - Other |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 11/15/2004 | How Submitted: | |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 03/21/2002 | Filing Fee | Filing Fee Waived. | ||
| 03/21/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 02-05094 | |
| 03/29/2002 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 1/22/02; 3/12/02 and 3/19/02. Court Reporter: Sharleen Nicholson. Filed in district court on: March 26, 2002. | 02-05604 | |
| 04/01/2002 | Order/Procedural | Filed Order/Show Cause. Response due: 20 days. | 02-05743 | |
| 04/05/2002 | Transcript | Filed Transcript. Proceedings: 1/22/02; 3/12/02; 3/19/02. Court Reporter: Sharleen Nicholson. | 02-06102 | |
| 04/08/2002 | Motion | Filed Response to Order to Show Cause. | 02-06127 | |
| 04/17/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. | 02-06836 | |
| 04/17/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. | 02-06838 | |
| 05/09/2002 | Order/Dispositional | Filed Order Dismissing Appeal. On April 8, 2002, counsel for appellant filed a response to this court's order of April 1, 2002. Appellant concedes that this court lacks jurisdiction to entertain this appeal. "ORDER this appeal DISMISSED." NNP02-MS/RR/NB 05/20/04 ORDER: VACATING ORDER DISMISSING APPEAL. | 02-08115 | |
| 06/04/2002 | Remittitur | Issued Remittitur. 05/20/04 ORDER: RECALLED REMITTITUR. | 02-08336 | |
| 06/04/2002 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 06/17/2002 | Remittitur | Filed Remittitur. Received by County Clerk on June 11, 2002. 05/20/04 ORDER: RECALLED REMITTITUR. | 02-08336 | |
| 05/20/2004 | Order/Procedural | Filed Order. Recalling Remittitur, Vacating Order Dismissing Appeal, Reinstating Appeal and Remanding for the Limited Purpose of Appointing Counsel. Appellant filed three notices of appeal that were docketed in the instant matter—a March 18, 2002 notice of appeal from an order denying a motion to dismiss counsel and two April 11, 2002 notices of appeal from the judgment of conviction. In reviewing the record on appeal in Docket No. 41974, fn1[We elect to take judicial notice of the record on appeal filed in Docket No. 41974.] a post-conviction appeal, it appeared to this court that the April 11, 2002 notices of appeal from the judgment of conviction were not considered when this court dismissed the appeal in Docket No. 39386. fn2[The appeal in Docket No. 39386 was dismissed on the ground that an order denying a motion to dismiss counsel was not substantively appealable.] The notices of appeal filed on April 11, 2002, were timely from the judgment of conviction and properly vested jurisdiction in this court to consider an appeal from the judgment of conviction in Docket No. 39386. In the appeal docketed in this court in Docket No. 39386, this court recalls the remittitur issued on June 4, 2002, vacates the order dismissing appeal entered on May 9, 2002, and reinstates the appeal. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. The district court shall have 30 days from the date of this order to appoint the Clark County Public Defender's Office as appellate counsel. Within 5 days from the date of appointment, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order appointing appellate counsel. | 04-09415 | |
| 06/21/2004 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on June 16, 2004. Flora Virginia Eichacker, Deputy Public Defender appointed as counsel for appellant. MISSING | 04-11249 | |
| 06/25/2004 | Order/Procedural | Filed Order. F. Virginia Eichacker is hereby ordered to comply with NRAP 3C and, within 10 days from the date of this order, file on behalf of this appellant a transcript request form in compliance with NRAP 3C, or a certificate stating that no transcript is required in this appeal. fn1[If transcripts have already been prepared and are on file in the district court, the parties may include such transcripts in the appendix without filing a transcript request form.] Eichacker shall file a fast track statement within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. | 04-11683 | |
| 06/28/2004 | Notice/Incoming | Filed Notice of Appearance. Entry of Appearance of Counsel. | 04-11825 | |
| 07/15/2004 | Transcript | Filed Transcript. Proceedings: 08/07/03; 09/04/03; and 06/10/04. Court Reporters: Sharleen Nicholson and Lisa A. Lizotte. | 04-12935 | |
| 08/06/2004 | Motion | Filed Motion and Order/Excess Pages. Motion for Leave to File 15 Page Fast Track Statement. Granted: 15 pages. | 04-14278 | |
| 08/06/2004 | Fast Track Brief | Filed Fast Track Statement. | 04-14279 | |
| 08/06/2004 | Appendix | Filed Appendix to Fast Track Statement. | 04-14280 | |
| 08/30/2004 | Fast Track Brief | Filed Fast Track Response. | 04-15672 | |
| 08/30/2004 | Appendix | Filed Appendix to Fast Track Response. | 04-15673 | |
| 11/15/2004 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." NNP04-NB/DA/MG | 04-20905 | |
| 11/15/2004 | Case Status Update | Submitted for Decision. | ||
| 12/10/2004 | Remittitur | Issued Remittitur. | 04-21188 | |
| 12/10/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 12/20/2004 | Remittitur | Filed Remittitur. Received by County Clerk on December 13, 2004. | 04-21188 | |