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United States Court Cases

Nevada Supreme/Appellate Court Record

WEST (BRIAN) VS. WARDEN

Case Information: 35764
Short Caption:WEST (BRIAN) VS. WARDENCourt:Supreme Court
Lower Court Case(s):Nye Co. - Fifth Judicial District - PC2934Classification: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:09/17/2001How Submitted:On Briefs

Party Information
RoleParty NameRepresented By
AppellantBrian WestGlynn B. Cartledge
RespondentWarden, Nevada State Prison, John IgnacioRobert S. Beckett (Kravitz Schnitzer Johnson, A Professional Corporation/Las Vegas)
Frankie Sue Del Papa (Attorney General/Carson City)
John J. Friel, Jr. (Kravitz Schnitzer Johnson, A Professional Corporation/Las Vegas)

Docket Entries
DateTypeDescriptionPending?Document
03/10/2000Filing Fee Filing Fee Waived.
03/10/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 00-03836
03/23/2000Order/ProceduralFiled Order/Transmit Record and Directing Response. Record due: 120 days. fn1--[The record shall not include any exhibits filed in the district court.] Nos. 35516, 35517, 35764. 00-04689
05/30/2000Record on Appeal DocumentsFiled Record on Appeal Copy. Mailed on 05/26/00. 00-09035
05/30/2000Case Status Update Submitted for Decision.
09/18/2000Notice/IncomingFiled Notice of Appearance. Representing appellant: Glynn B. Cartledge. (Docketing Statement mailed to counsel for appellant.) 00-16427
01/31/2001MotionFiled Motion to Extend Time. Motion for Leave to File Appellant's Opening Brefi and Appendix out of Time, at this time. 01-02065
02/07/2001Notice/IncomingFiled Proof of Service. (Notice of Appearance of Counsel; Motion for Leave to File Appellant's Brief and Appendix out of time , at this time; Appellant's Opening Brief; and Appellant's Appendix). 01-02497
02/20/2001MotionFiled Response to Motion. 01-03197
03/06/2001Other Returned Unfiled Document. Reply in Support of Motion for Leave to File Appellant's Opening Brief and Appendix Out of Time, Returned, with letter (pursuant to NRAP 27(a)).
04/06/2001Order/ProceduralFiled Order. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement and either a transcript request form or a certificate indicating no transcripts are being requested. On January 31, 2001, appellant filed a motion to extend the time to file the opening brief and appendix. Respondent opposes the motion. The court perfers to decide cases on their merits whenever possible. Accordingly, we grant appellant's motion. The clerk of this court shall file the opening brief and appendix received on January 31, 2001. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Appellant may the file a reply brief, if deemed appropriate, within 30 days of service of the answering brief. 01-05944
04/06/2001BriefFiled Opening Brief. Mailed on: 1/30/01. 01-02069
04/06/2001AppendixFiled Appendix to Opening Brief. 01-02072
04/11/2001Notice/OutgoingIssued Notice of Deficient Docketing Statement. Returned Unfiled Appellant's Docketing Statemen. Corrected docketing statement due: 10 days.
04/16/2001Docketing StatementFiled Docketing Statement. 01-06494
05/07/2001BriefFiled Answering Brief. Mailed on: 05/01/01. 01-07585
05/07/2001AppendixFiled Appendix to Answering Brief. Missing table of contents; will be sent by mail. Due date: 10 days. 01-07586
05/16/2001MotionFiled Motion. Motion to Adjudicate Petition Immediately on the Pleadings. 01-08158
05/29/2001MotionFiled Response to Motion. Response to Motion to Adjudicate Petition. 01-08919
06/28/2001Order/ProceduralFiled Order. On May 16, 2001, appellant filed a "Motion To Adjudicate Petition Immediately On The Pleadings." On May 29, 2001, respondent filed an opposition. A review of our records indicates that an answering brief and appendix were timely filed in this court on May 7, 2001. We deny appellant's motion. Appellant shall have 20 days from the date of this order to file and serve a reply brief. To date, appellant has not complied with our April 4, 2001, order. Nevertheless, because it appears that all transcripts necessary for the review of this appeal are included in appellant's appendix, we elect to waive the requirements of NRAP 9(a). Future failure to comply with the Nevada Rules of Appellate Procedure or orders of this court may result in the imposition of sanctions. 01-10944
07/19/2001MotionFiled Motion to Extend Time. 01-12297
07/25/2001Order/ProceduralFiled Order Granting Motion. filed July 19, 2001. Appellant shall have to and including August 22, 2001, to file and serve the reply brief. Respondent shall have 10 days from the date of this order to serve a copy of "Respodent's Appendix" on appellant and file proof of such service with the clerk of this court. 01-12614
08/03/2001MotionFiled Response to Motion. Response to Motion to Enlarge Time. 01-13143
08/06/2001Notice/IncomingFiled Proof of Service. (Respondent's Appendix). 01-13269
08/23/2001MotionFiled Motion to Extend Time. 5 days requested. 01-14339
08/28/2001MotionFiled Motion to Strike. Motion to Strike and Seal Respondent's Appendix. 01-14569
09/10/2001MotionFiled Response to Motion. Response to Motion to Strike Appendix. 01-15219
09/12/2001MotionFiled Motion for Permission to File Document. Request for Leave to File Reply in Support of Motion to Strike. 01-15427
09/12/2001MotionReceived Response to Motion. Appellant's Reply in Support of Motion to Strike and Seal Respondent's Appendix. 01-15429
09/17/2001Order/ProceduralFiled Order. On August 3, 2001, respondent filed a response to appellant's July 19, 2001, motion for an extension of time. We elect to treat respondent's response as a motion for reconsideration of our July 25, 2001, order. No good cause appearing, we deny respondent's motion for reconsideration. We grant appellant's motion for a second extension of time to file the reply brief. The clerk of this court shall file the reply brief received on August 28, 2001. 01-15617
09/17/2001BriefFiled Reply Brief. Mailed on: 8/27/01. 01-14570
09/17/2001Case Status Update Submitted for Decision.
12/12/2001Order/ProceduralFiled Order/Motion Granted in Part. On August 28, 2001, appellant filed a 'Motion to Strike and Seal Respondent's Appendix.' On September 10, 2001, respondent filed an opposition to the motion. On September 12, 2001, appellant filed a motion for leave to file a reply to the opposition. Cause appearing we grant the motion to file a reply. The clerk of this court shall file the reply received on September 12, 2001. Respondent's appendix contains 2 documents: a presentence investigation report (PSI) and a supplement to the PSI. Appellant requests us to strike both of these documents from the record on appeal. Our review of the briefs submitted by the parties indicates that both parties refer to either the PSI or the supplement to the PSI. Accordingly, we conclude that these documents were properly included in respondent's appendix and deny appellant's motion to strike. We grant appellant's motion to seal the documents in respondent's appendix and direct the clerk of this court to seal those documents. 01-20821
12/12/2001MotionFiled Response to Motion. Appellant's Reply in Support of Motion to Strike and Seal Respondent's Appendix. 01-15429
12/17/2001Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." NNP02-MS/RR/NB 01-21181
01/14/2002RemittiturIssued Remittitur. 02-00531
01/14/2002Case Status Update Remittitur Issued/Case Closed.
01/25/2002RemittiturFiled Remittitur. Received by County Clerk on January 16, 2002. 02-00531