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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 33004
Short Caption:ST. JAMES-MCGUIRE (SUZANNE) VS. STATECourt:Supreme Court
Related Case(s): 36175
Lower Court Case(s):Clark Co. - Eighth Judicial District - C135077Classification:Criminal Appeal - Other - Direct/Proper Person
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
09/14/1998Filing Fee Filing Fee Waived. Criminal.
09/14/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
09/18/1998Notice/OutgoingIssued Notice. File Case Appeal Statement. Due date: 10 days.
11/06/1998Order/ProceduralFiled Case Processing Order. Appellant shall, within 15 days from the date of this order, file the case appeal statement, docketing statement, and transcript request form or certificate no transcript request or show cause why sanctions should not be imposed upon counsel for appellant.
11/30/1998Docketing StatementFiled Docketing Statement.
11/30/1998Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: November 20, 1998.
11/30/1998Transcript RequestFiled Certificate of No Transcript Request.
03/29/1999Order/ProceduralFiled Case Processing Order. Appellant shall, within 15 days of the date of this order, filed and serve the opening brief and appendix or show cause why sanctions should not be imposed against counsel for appellant. Respondent shall, within 30 days of service of the opening brief, file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
04/05/1999Letter/IncomingReceived Letter. From attorney Glen J. Lerner requesting additional days to file the opening brief.
04/09/1999Other Other. Mailed letter to attorney Glen J. Lerner regarding request by letter received on 4/5/99.
07/08/1999Order/ProceduralFiled Case Processing Order. Imposing Sanctions: We sanction attorney Glen J. Lerner the sum of $250.00. Attorney Lerner shall personally pay the sanction to the Supreme Court Law Library and separately provide the clerk of this court with proof of the payment within 30 days. Appellant shall, within 15 days, either file the opening brief and appendix or show cause why additional sanctions should not be imposed upon counsel. Failure to abide by our order or rules may result in the imposition of additional sanctions including counsel's referral to the State Bar of Nevada for appropriate disciplinary proceedings.
11/29/1999MotionFiled Motion. Motion for Withdrawal.
03/20/2000Order/ProceduralFiled Order. Referring Counsel to the State Bar and Remanding to the District Court to Secure New Counsel.To date, attorney Lerner has not provided proof of payment of the imposed sanction, filed an opening brief and appendix, or shown cause why additional sanctions should not be imposed. Instead, on November 29, 1999, attorney Lerner filed a motion to withdraw. We deny attorney Lerner's motion to withdraw. Nonetheless, attorney Lerner's continued representation of appellant in this matter is unacceptable. We remove attorney Lerner as counsel of record for appellant. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If indigent, the district court shall have 30 days from the date of this order to appoint counsel for appellant. Otherwise the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. fn1[Within 5 days from appointment or appearance of new counsel, the district court clerk shall: transmit to this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellant's counsel. Thereafter, new counsel shall have 10 days to enter an appearance with the clerk of this court and 45 days to file the opening brief and appendix.] We refer this matter to the State Bar of Nevada for further investigation and possible disciplinary action. The clerk of this court shall provide Bar Counsel with a copy of all orders previously issued by this court related to this appeal. 00-04343
03/20/2000Notice/OutgoingIssued Letter. to the State Bar of Nevada: pursuant to the order filed 03/20/00, (a copy of the order enclosed) a copy of the the following orders filed on 11/06/98, 03/29/99, and 07/08/99 are enclosed.
05/24/2000Order/ProceduralFiled Order. To date, the district court has not complied with our March 20, 2000, order. We again direct the district court to determine whether appellant is indigent, and if so, to appoint counsel for appellant within 30 days from the date of this order. If appellant is not indigent, it shall, within 30 days from the date of this order, order that appellant retain counsel and cause counsel to enter an appearance with this court. 00-08659
06/19/2000Letter/IncomingFiled Letter. Letter from attorney Glen J. Lerner regarding status of this case and sanctions. 00-10459
06/19/2000Letter/IncomingFiled Letter. Letter from Chief Deputy Gary R. Booker regarding status of this case. 00-10461
06/23/2000Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on June 20, 2000, appointing the Clark County Public Defender as counsel for appellant. 00-10777
07/14/2000Order/DispositionalFiled Order Dismissing Appeal. After reviewing the documents before this court and, particularly, letters submitted by appellant's former counsel and the State, we conclude that this appeal is premature and must be dismissed. If he has not done so by the date of this order, attorney Lerner shall, within 20 days of the date of this order, provide this court with proof of payment of the $250 sanction originally imposed by this court on July 8, 1999. "ORDER this appeal dismissed." NNP99B-CY/DA/ML 00-12152
08/09/2000RemittiturIssued Remittitur. 00-13811
08/09/2000Case Status Update Remittitur Issued/Case Closed.
08/11/2000Notice/IncomingFiled Notice. Payment of Sanction from Glen J. Lerner-check no. 4575 in the amount of $250.00. 00-14031
09/20/2000RemittiturFiled Remittitur. Received by County Clerk on September 1, 2000. 00-13811