| Case Information: 39277 | |||
| Short Caption: | SCHNEIDER (JAMES) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 38796 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C154157 | Classification: | Criminal Appeal - Other - Post-Conviction/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: | 01/15/2004 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 03/05/2002 | Filing Fee | Filing Fee Waived. | ||
| 03/05/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 02-03954 | |
| 05/06/2002 | Order/Procedural | Filed Order/Fast Track. To date, no fast track statement has been filed. Counsel for appellant James L. Buchanan II shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. | 02-07913 | |
| 05/13/2002 | Motion | Filed Motion. Appellant's Request for Documents. | 02-08330 | |
| 05/24/2002 | Order/Procedural | Filed Order Denying Motion. On May 13, 2002, appellant's counsel filed a request for documents. Counsel's request for documents is denied. Counsel for appellant shall have 30 days to file and serve the fast track statement and appendix in this appeal. | 02-09193 | |
| 06/10/2002 | Transcript | Filed Transcript. Proceedings: 11/16/01. Court Reporter: Janie Olsen. | 02-10123 | |
| 07/05/2002 | Fast Track Brief | Filed Fast Track Statement. | 02-11472 | |
| 07/05/2002 | Appendix | Filed Appendix to Fast Track Statement. | 02-11473 | |
| 09/23/2003 | Order/Procedural | Filed Order. To date, no fast track response has been filed. Counsel for respondent shall file and serve the fast track response within 10 days of this order to show cause why counsel for respondent should not be sanctioned. | 03-15874 | |
| 10/01/2003 | Motion | Filed Motion. Motion to Remand for Appointment of Conflict-Free Counsel. | 03-16352 | |
| 10/16/2003 | Order/Procedural | Filed Order. When appellant filed his proper person notice of appeal, this court sent a notice to attorney James L. Buchanan informing him that this appeal is subject to the provisions of NRAP 3C, and ordering Buchanan to file the fast track statement. On July 5, 2002, Buchanan filed a fast track statement and appendix. On September 23, 2003, this court ordered the State to file the fast track response. On October 1, 2003, the State filed a motion for remand for the appointment of conflict-free counsel. The State informs this court that Buchanan actually represented appellant at the time of sentencing, and was not post-conviction counsel. This appeal is therefore not subject to the provisions of NRAP 3C. The clerk of this court shall strike the fast track statement and appendix filed on July 5, 2002. The State's motion for remand is denied, and this appeal shall proceed as a proper person appeal. The clerk of the district court shall have 120 days from the date of this order to transmit to the clerk of this court a certified copy of the complete trial court record of this appeal. fn3[See NRAP 11(a)(2) (the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.) The record shall not include any physical, non-documentary exhibits or the original documentary exhibits filed in the district court, but copies of documentary exhibits submitted in the district court proceedings shall be transmitted as part of the record on appeal. The record shall also include any presentence investigation reports submitted in this matter. The clerk of the district court shall transmit the reports to this court in a sealed envelope identifying the contents and marked confidential.] | 03-17180 | |
| 01/15/2004 | Record on Appeal Documents | Filed Record on Appeal Copy. | 04-00910 | |
| 01/15/2004 | Case Status Update | Submitted for Decision. | ||
| 05/06/2004 | Order/Procedural | Filed Order/Show Cause. Response due from the State: 30 days from the date of this order. | 04-08374 | |
| 06/02/2004 | Motion | Filed Response to Order to Show Cause. | 04-10150 | |
| 07/12/2004 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." fn11[This order constitutes our final disposition of this appeal. Any subsequent appeal from an order of the district court regarding Schneider's appeal deprivation claim shall be docketed as a new matter.] SNP04D-RR/WM/MD | 04-12638 | |
| 08/06/2004 | Remittitur | Issued Remittitur. | 04-12721 | |
| 08/06/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 08/26/2004 | Remittitur | Filed Remittitur. Received by County Clerk on August 10, 2004. | 04-12721 | |