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United States Court Cases

Nevada Supreme/Appellate Court Record

O'GUINN (ROY) VS. STATE C/W 38382

Case Information: 37300
Short Caption:O'GUINN (ROY) VS. STATE C/W 38382Court:Supreme Court
Consolidated:37300*, 38382 Related Case(s): 41849 , 44241 , 49519
Lower Court Case(s):Clark Co. - Eighth Judicial District - C152184
Clark Co. - Eighth Judicial District - C159730
Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:09/06/2002 at 9:00 AMOral Argument Location:Carson City
Submission Date:09/06/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/16/2001Filing Fee Filing Fee Waived.
01/16/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 01-00979
01/24/2001Notice/OutgoingIssued Notice to Transmit Required Document. Complete D.C. Minutes; Judgment filed 3/25/99; Notice of Entry of Judgment or Order. Due Date: 10 days
02/06/2001Notice of Appeal DocumentsFiled Documents from District Court Clerk. Certified copies of (1) Judgment of Conviction filed March 25, 1999; (2) Amended Judgment of Conviction filed March 25, 1999; and (3) Criminal Court Minutes. 01-02377
02/08/2001Order/IncomingFiled District Court Order. Certified copy of Judgement of Conviction filed in district court on March 25, 1999. 01-02619
02/08/2001Order/IncomingFiled District Court Order. Certified copy of Amended Judgment of Conviction (Plea) filed in district court on March 25, 2001. 01-02620
02/09/2001Order/DispositionalFiled Order Dismissing Appeal. We conclude that we lack jurisdiction to consider this appeal, and we "ORDER this appeal dismissed." NNP00A-MS/DA/ML 01-02689
03/07/2001RemittiturIssued Remittitur. 01-02907
03/07/2001Case Status Update Remittitur Issued/Case Closed.
03/09/2001Other Returned Unfiled Document. Motion to Re-Hear Appeal.
03/22/2001RemittiturFiled Remittitur. Received by County Clerk on March 14, 2001. 04/18/01 Order: REMITTITUR RECALLED AND APPEAL REINSTATED. 01-02907
04/18/2001Order/ProceduralFiled Order. In the notice of appeal, appellant designated district court case number C152184. This court dismissed this appeal for lack of jurisdiction on February 9, 2001. On March 9, 2001, this court returned, unfiled, a proper person motion for rehearing, because the remittitur had already issued. On April 5, 2001, appellant submitted a proper person motion to recall the remittitur. Although appellant has not been granted leave to file documents in proper person, the clerk shall file the motion to recall remittitur received on April 5, 2001. It has become clear from the documents submitted by appellant that he was attempting to appeal from the judgment of conviction entered in district court case number 159730. The judgment of conviction was entered in that case on January 12, 2001, and the notice of appeal was therefore timely. fn2[The district court clerk shall immediately forward to this court the documents relevant to district court case number 159730, as required by NRAP 3(e).] We recall the remittitur, and we reinstate this appeal. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days to appoint counsel. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of counsel, the district court clerk shall: (1) 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, counsel shall have 10 days to enter an appearance with the clerk of this court. fn4[Because appellant received a life sentence, this appeal is not subject to the provisions of NRAP 3C.] 01-06669
04/18/2001MotionFiled Proper Person Motion. Motion to Recall the Remittitur. 01-05864
06/04/2001MotionReceived Proper Person Motion. Motion for Correction. 01-09284
06/12/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 01-09749
06/13/2001Letter/IncomingFiled Letter. from Clark County Clerk. A copy of this court's April 18 order requesting the appointment of counsel was forwarded to Department V on May 5, 2001, and again on June 7, 2001. 01-09837
06/25/2001Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on June 22, 2001, appointing Joesph K. Abood as counsel for appellant. 01-10645
06/27/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Joseph K. Abood. (Docketing Statement mailed to counsel for appellant.) 01-10905
07/06/2001Order/ProceduralFiled Order. On June 27, 2001, attorney Joesph K. Abood filed a notice of appearance on behalf of appellant in this appeal. Accordingly, appellant shall have: 15 days to comply with NRAP 9(a); 120 days to file and serve opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). 01-11367
07/11/2001Notice/OutgoingIssued Letter. to appellant Roy A. O'Guinn in response to receipt for documents dated June 21, 2001.
07/12/2001Transcript RequestFiled Certificate of No Transcript Request. 01-11810
07/12/2001Docketing StatementFiled Docketing Statement. 01-11815
10/25/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/2/00 and 10/23/00. To Court Reporter: Shirlee Prawalsky. 01-17998
11/01/2001MotionFiled Stipulation and Order. Brief due: December 3, 2001. 01-18277
11/16/2001TranscriptFiled Transcript. Proceedings: 10/2/00 and 10/23/00. Court Reporter: Shirlee Prawalsky. 01-19233
01/07/2002MotionFiled Motion to Extend Time. 02-00347
01/25/2002Order/ProceduralFiled Order. On June 22, 2001, the district court entered an order appointing Clark County Deputy Public Defender Joseph K. Abood to represent appellant in this appeal, and on June 27, 2001, Mr. Abood filed a notice of appearance in this court. On June 4, 2001, appellant submitted a proper person 'Motion for Correction.' We note that appellant has not been granted leave to file documents in proper person. Nevertheless, because we elect to resolve this motion on the merits, we direct the clerk of this court to file the June 4, 2001, motion. In his motion appellant requests this court to direct the district court to comply with our April 18, 2001, order. Because the district court has complied with our order and Mr. Abood has entered an appearance on behalf of appellant, we deny appellant's motion as moot. On August 1, 2001, appellant submitted a proper person 'Motion to Appoint New Counsel.' We direct the clerk of this court to file the motion dated August 1, 2001. No good cause having been shown, we deny appellant's motion. On September 5, 2001, appellant submitted a proper person 'Motion in Limine.' On September 21, 2001, appellant submitted a proper person 'Motion to Extend.' We again note that appellant has not been granted leave to file proper person documents. We further note that appellant is represented by appointed counsel for this appeal. Accordingly, we direct the clerk of this court to return, unfiled, appellant's September 5, 2001, and September 21, 2001, motions. Appellant shall address all concerns related to this appeal to his counsel of record. On January 7, 2002, appellant's counsel filed a motion for an extension of time to file the opening brief. Cause appearing, we grant the motion. The clerk of this court shall file the opening brief and appendix received on January 7, 2002. Respondent shall file and serve the answering brief within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 02-01713
01/25/2002MotionFiled Proper Person Motion. Motion for Correction. 01-09284
01/25/2002MotionFiled Proper Person Motion. Motion to Appoint New Counsel. 01-12995
01/25/2002Notice/OutgoingIssued Letter. to appellant Roy A. O'Guinn. Returned unfiled, the Original proper person Motion in Limine received on September 5, 2001 and the Original proper person Motion to Extend received on September 21, 2001.
01/25/2002BriefFiled Opening Brief. Mailed on: Express-no postmark. 02-00348
01/25/2002AppendixFiled Appendix to Opening Brief. 02-00349
01/31/2002BriefFiled Answering Brief. Mailed on: Expresss-Mo postmark. Signed by: James Tufteland. 02-02046
03/14/2002Case Status Update Briefing Completed. No reply brief filed.
07/08/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes in Carson City on September 6, 2002, at 9:00 a.m. (En Banc)
08/27/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
09/06/2002Case Status Update Submitted for Decision. Before the Court En Banc. EN BANC
12/20/2002Opinion/DispositionalFiled Per Curiam Opinion. "Remanded." fn2[We elect to consolidate these appeals for disposition. See NRAP 3(b).] Before the Court En Banc-Maupin, J., concurring. Per Curiam. 118 Nev. Adv. Opn. No. 85 EN BANC. Nos. 37300/38382. 02-21793
01/14/2003RemittiturIssued Remittitur. 03-00513
01/14/2003Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 16, 2003. 03-00513
06/03/2003MotionReceived Proper Person Motion. Motion to file Documents in Proper Person. Nos. 37300/38382. 03-09250
06/03/2003MotionReceived Proper Person Motion. Motion to Recall the Remittitur. Nos. 37300/38382. 03-09252
10/27/2003Order/ProceduralFiled Order Denying Motion. On December 20, 2002, this court entered an Opinion remanding these consolidated appeals to district court. The remittitur issued on January 14, 2003, divesting this court of jurisdiction. On June 3, 2003, appellant Roy A. O'Guinn submitted proper person motions to file documents and to recall the remittitur. fn1[Because we elect to resolve the motions on the merits, we direct the clerk to file the motions. However, we decline to grant appellant permission to file additional documents in proper person. See NRAP 46(b). Nos. 37300/38382. (03-17922) 03-17922
10/27/2003MotionFiled Proper Person Motion. Motion to file documents in Proper Person. Nos. 37300/38382. (03-09250) 03-09250
10/27/2003MotionFiled Proper Person Motion. Motion to Recall the Remittitur. Nos. 37300/38382. (03-09252) 03-09252