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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 37374
Short Caption:POWELL (RICHARD) VS. STATECourt:Supreme Court
Related Case(s): 76448
Lower Court Case(s):Clark Co. - Eighth Judicial District - C148936Classification: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:How Submitted:

+ Party Information

Docket Entries
02/01/2001Filing Fee Filing Fee Waived.
02/01/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). 01-02128
02/01/2001TranscriptFiled Transcript. Proceedings: December 19, 2000. Court Reporter: Cat Nelson. 01-02129
02/09/2001Docketing StatementFiled Docketing Statement. 01-02716
02/13/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/19/00. To Court Reporter: Cathy Nelson. 01-02896
06/12/2001MotionFiled Motion to Extend Time. 01-09796
06/15/2001Order/ProceduralFiled Order Granting Motion. filed June 12, 2001. Appellant shall have to and including August 24, 2001, to file and serve the opening brief and appendix. We caution counsel that failure to demonstrate extreme and unforeseeable circumstances for additional requests for extension of time may result in the denial of the motion. 01-10059
10/15/2001Order/ProceduralFiled Order. To date appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Failure to comply timely with this order may result in the imposition of sanctions against appellant's counsel. Respondent shall within 30 days of service of the opening brief, file and serve the answering brief. Appellant may file a rely brief within 30 days of service of the answering brief. 01-17407
11/19/2001MotionFiled Motion. Appellant's Motion to Have Plaintiff's Exhibit #91 and #92 Transmitted as a Supplement to Appellant's Appendix. 01-19337
11/19/2001MotionFiled Motion and Order/Excess Pages. Granted: 39 pages. 01-19339
11/20/2001AppendixReceived Appendix. Appellants - Vols. 1 through 15.
11/30/2001MotionFiled Motion to Extend Time. 01-20077
12/03/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed November 30, 2001. The clerk shall file the opening brief and appendix received on November 19, 2001. Respondent shall file and serve the answering brief within 30 days from the date of this order. 01-20167
12/03/2001BriefFiled Opening Brief. Mailed on: Express-no postmark. 01-19342
12/03/2001AppendixFiled Appendix to Opening Brief. Volumes 1 through 27. 01-19343
12/14/2001Order/ProceduralFiled Order Granting Motion. filed November 19, 2001. The clerk of the district court shall, within 30 days of the date of this order, certify and transmit to the clerk of this court Exhibit #91 (5/5/92 video) and Exhibit #92 (6/16/92 video). 01-21071
01/03/2002MotionFiled Motion and Order/Excess Pages. Granted: 42 pages. 02-00185
01/03/2002BriefFiled Answering Brief. Express Mailbag. 02-00186
02/07/2002BriefFiled Reply Brief. Mailed on: Express-No postmark. Signed by: Lee-Elizabeth McMahon. 02-02476
07/16/2002Order/DispositionalFiled Order of Affirmance. fn1[Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.] "ORDER the judgment of the district court AFFIRMED." NNP02-MS/RR/NB 02-12149
07/16/2002Order/ProceduralFiled Order/Show Cause. We direct Deputy Special Public Defender McMahon to show cause why this court should not impose sanctions on her for her failure to comply with NRAP 28(e). She shall submit her response to this order and any evidence she desires to present on her behalf in affidavit form no later than three weeks from the date of this order. 02-12152
08/09/2002MotionFiled Response to Order to Show Cause. 02-13626
08/09/2002MotionFiled Motion. Application to File an Amended Appellant's Opening Brief. 02-13627
08/13/2002RemittiturIssued Remittitur. Retuned Exhibits: 91 and 92 (video tapes) this day. 02-12805
08/13/2002Case Status Update Remittitur Issued/Case Closed.
08/23/2002RemittiturFiled Remittitur. Received by County Clerk on August 16, 2002. 02-12805
08/26/2002Letter/IncomingFiled Letter. from Lee-Elizabeth McMahon regarding Motion filed on August 9, 2002. 02-14615
09/13/2002Order/ProceduralFiled Order. Declining to Impose Sanctions and Granting Request to Withdraw Motion. On August 9, 2002, counsel filed a timely response and affidavit addressing this court's show cause order. Having reviewed counsel's response, we conclude that the imposition of sanctions is not warranted in this instance. This court will not hesitate to impose sanctions in the future for similar failures to comply with this court's rules. fn1[We have elected to treat the letter received on August 26, 2002, as a motion to withdraw the prior application to file an amended brief and we grant the motion. We note that NRAP 27(a) contemplates that all requests for relief from this court should be presented in a formal motion, not in a letter addressed to the clerk of this court.] 02-15929