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United States Court Cases

Nevada Supreme/Appellate Court Record

PECK (FRANK) VS. STATE

Case Information: 32031
Short Caption:PECK (FRANK) VS. STATECourt:Supreme Court
Related Case(s): 38835 , 42672 , 57968 , 60040 , 60343 , 60878 , 61202 , 65521 , 71021 , 72680 , 72680-COA , 72849 , 72849-COA , 80103 , 82130
Lower Court Case(s):Washoe Co. - Second Judicial District - CR962687Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:03/30/2000 at 8:30 AMOral Argument Location:Carson City
Submission Date:03/30/2000How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/25/1998Filing Fee Filing Fee Waived.
03/25/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant).
03/26/1998Notice of Appeal DocumentsReceived Documents from District Court Clerk. Received certified copy of Withdraw of Counsel filed in the district court 3/19/98.
08/31/1998Notice/IncomingFiled Notice of Appearance. Representing appellant: Julius A. Dix.
08/31/1998MotionFiled Motion. Motion for Clarification of the Briefing Schedule.
08/31/1998Notice/IncomingReceived Notice. Received copy of Verified Application for Admission to Practice under Nevada Supreme Court Rule 42 for attorney Julius A. Dix. Filed in district court on April 14, 1998.
09/22/1998Order/ProceduralFiled Order. Filed Order foreign counsel, Julius A. Dix, has filed a notice of appearance as counsel for appellant and a motion for clarification of the briefing schedule. Attorney Dix shall have 10 days from the date of this order to supplement the notice of appearance with an order of the district court that grants leave to proceed under SCR 42, or otherwise to initiate the application process under that rule. We defer ruling on the motion for clarification of the briefing schedule until resolution of counsel's right to proceed under SCR 42. Should attorney Dix fail to respond in a timely manner, we direct the clerk to remove attorney Dix as counsel for appellant on this court's docket. On March 26, 1998, this court received a copy of a notice of withdrawal filed by attorney Widdis in the Second Judicial District Court on March 19, 1998. Attorney Widdis shall remain listed as counsel of record for appellant. Attorney Widdis shall either (1) file a motion to withdraw as counsel for appellant within 15 days of this order or (2) file the docketing statement and transcript request form or certificate of no transcript request within 15 days of the date of this order and the opening brief and appendix within 60 days of the date of this order.
09/25/1998MotionFiled Motion. Motion to Withdraw as Counsel.
09/28/1998Notice/IncomingFiled Proof of Service. Proof of Service of Verified Application for Admission to Practice under Nevada Supreme Court Rule 42.
10/01/1998Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order Approving Admission of Counsel Pro Hac Vice filed in district court on: October 1, 1998.
11/06/1998TranscriptFiled Transcript. Proceedings: Volumes 1 through 4. Trial--December 15 through December 19, 1997. Court Reporter: Isolde Zihn.
11/17/1998Order/ProceduralFiled Order. Filed Order attorney Widdis has now filed a motion to withdraw as counsel of record for appellant. We grant attorney Widdis' motion. We direct the clerk to remove Widdis' name from this court's docket as counsel of record for appellant. On August 31, 1998, California attorney Julius Dix filed a Notice of Appearance as counsel for appellant and a motion for clarification of the briefing schedule. On October 1, 1998, attorney Dix supplemented his Notice of Appearance. Attorney Dix shall remain listed as counsel of record for appellant. Appellant shall within 15 days from the date of this order, file and serve the docketing statement and either a transcript request form or a certificate of no transcript request and shall within 120 days from the date of this order, file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 1[Attorney Dix lists attorney Jeff Sloane as associated Nevada counsel. Nevada counsel must sign all briefs filed by appellant and shall be responsible for their content].
12/02/1998Docketing StatementFiled Docketing Statement.
03/01/1999MotionFiled Stipulation and Order. Brief due: April 2, 1999.
03/18/1999BriefFiled Opening Brief. Mailed on: 3/16/99.
03/18/1999AppendixFiled Appendix to Opening Brief.
04/12/1999Notice/IncomingFiled Substitution of Attorneys. Filed Substitution of Attorney. David C. Amesbury in place and stead of Jeffrey Sloane as counsel for appellant.
04/19/1999BriefFiled Answering Brief. Mailed on: 4/16/99.
04/19/1999AppendixFiled Appendix to Answering Brief.
05/20/1999BriefFiled Reply Brief. Mailed on: Fed-Ex 5/19/99.
06/04/1999Order/ProceduralFiled Order. Submitted date: June 4, 1999.
06/04/1999Case Status Update Submitted for Decision.
02/02/2000Order/ProceduralFiled Order. This case was previously submitted on the briefs and record filed herein. We have determined that oral argument before the en banc court would be of assistance in the disposition of this appeal. Oral argument is scheduled for March 30, 2000, at the hour of 8:30 a.m. in Carson City: 30 minutes. En Banc 00-01649
02/02/2000Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for March 30, 2000 at the hour of 8:30 a.m. for 1/2 hour in Carson City. (En Banc) 00-01650
02/09/2000BriefFiled Supplemental Brief. Supplemental Authorities in Support of Answering Brief. 00-02073
03/03/2000MotionFiled Motion. Appellant's Motion to Allow Co-Counsel to Deliver Oral Argument. 00-03386
03/15/2000Order/ProceduralFiled Order Denying Motion. On March 3, 2000, appellant filed a "motion to allow co-counsel to deliver oral argument." We deny the motion. 00-04051
03/15/2000Notice/OutgoingIssued Oral Argument Reminder Notice. 00-04088
03/27/2000MotionFiled Motion. 00-04856
03/29/2000Order/ProceduralFiled Order. Attorney Lloyd Dix of the California law firm of Law Offices of Lloyd Douglas Dix, LLP, has filed a verified application to appear as foreign counsel on behalf of appellant. Attorney Dix has filed a copy of the application with State Bar of Nevada and has requested permission to associtate with Nevada attorney David Amesbury. Cause appearing, we grant the instant application. Attorney Dix shall be permitted to appear in this matter on behalf of appellant. Attorney Amesbury shall be responsible, however, for all matters presented herein by Appellant. 00-05100
03/30/2000Case Status Update Submitted for Decision. Before the En Banc Court. RR/CY/WM/MS/DA/ML/NB
08/24/2000Opinion/DispositionalFiled Authored Opinion. "Affirmed." Before the Court En Banc. By the Court, Leavitt, J. We concur: Young, J., Shearing, J., Agosti, J., Becker, J. Rose, C.J., with whom Maupin, J., agrees, concurring. 116 Nev. Adv. Opn. No.90. En Banc. 00-14851
09/19/2000RemittiturIssued Remittitur. 00-14918
09/19/2000Case Status Update Remittitur Issued/Case Closed.
10/06/2000RemittiturFiled Remittitur. Received by County Clerk on September 25, 2000. 00-14918