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United States Court Cases

Nevada Supreme/Appellate Court Record

DAY (TIMOTHY) VS. STATE

Case Information: 32671
Short Caption:DAY (TIMOTHY) VS. STATECourt:Supreme Court
Related Case(s): 33492
Lower Court Case(s):Carson City - First Judicial District - 9301224CClassification: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:04/08/1999How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/09/1998Filing Fee Filing Fee Waived.
07/09/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 00-02244
07/16/1998Order/ProceduralFiled Case Processing Order. Re: Entry of Written Judgment or Order and Record on Appeal. The district court shall have 30 days from the date of this order to: (1) enter a written judgment or order or (2) inform this court that it is reconsidering its decision. The clerk of the district court shall immediately transmit a certified copy of the judgment or order to the clerk of this court. The clerk of the district court shall, within 120 days from the date of this order, transmit to this court a certified copy of the complete trial record of this appeal, as well as any previously prepared transcripts of the district court proceedings. Fn2[The record shall not include any exhibits filed in the district court.]
08/12/1998Notice of Appeal DocumentsFiled Documents from District Court Clerk. Certified copy of the Order denying Post-Conviction Petition for Writ of Habeas Corpus, filed in the district court August 10, 1998.
08/12/1998Notice of Appeal DocumentsFiled Documents from District Court Clerk. Certified copy of the Notice of Entry of Decision or Order, filed in the district court on August 10, 1998.
09/01/1998Notice/IncomingReceived Notice. Notice of Deficiency in Notice of Appeal filed in the district court on August 28, 1998.
09/02/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Filed by attorney William F. Heckman. (Docketing statement mailed to counsel for appellant.)
09/02/1998Other Incoming DocumentReceived Proper Person Document. Letter requesting appointment of counsel. (Received the original and 1 copy.)
09/22/1998Order/ProceduralFiled Case Processing Order. Appellant filed a proper person notice of appeal on July 9, 1998. On July 16, 1998, we ordered the clerk of the district court to transmit the trial court record within 120 days. Appellant subsequently obtained counsel, and on September 2, 1998, appellant's counsel filed a seond notice of appeal. We vacate the portion of our order filed July 16, 1998, directing the trial court record within 120 days. We deny appellant's proper person request for the appointment of counsel as moot. All filing deadlines shall commence to run from September 2, 1998, the date counsel's notice of appeal was filed in this court.
09/25/1998MotionFiled Motion. For Order Appointing Counsel on Appeal.
11/10/1998Order/ProceduralFiled Case Processing Order. Attorney Heckman seeks to withdraw from representing appellant in this appeal and requests that other counsel be appointed to represent appellant. We grant attorney Heckman's motion to withdraw counsel for appellant. We remand this matter to the district court for the limited purpose of determining whether to appoint counsel to represent appellant in this appeal. Within 20 days from the date of this order, the district court court shall (1) determine whether the appoint of counsel is warranted and (2) either appoint counsel or order that the appoint of counsel is not warranted. Within 5 days from appointment or that the appointment of counsel is not warranted, the district court clerk shall transmit to this court a copy of the district court's written or minute order. If counsel is appointed, the clerk of the district court shall immediately serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to enter an appearance with this court. Fn2[All filing deadlines shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court.] If the district court determines that the appointment of counsel is not warranted, this appeal will proceed as a proper person appeal.
11/19/1998Other Other. Filed copy of district court Order Denying Appointment of Counsel filed on November 18, 1998.
12/15/1998Order/ProceduralFiled Case Processing Order. Re: Record on Appeal. On November 19, 1998, the district court entered an order denying the appointment of counsel. This appeal will proceed as a proper person appeal. Within 120 days from the date of this order, the clerk of the district court shall transmit to this court a certified copy of the complete trial court record of this appeal, as well as any previously prepared transcripts of the district court proceedings. Fn1[The record shall not include any exhibits filed in the district court.]
12/16/1998Other Incoming DocumentReceived Proper Person Document. Motion to Stay Filing deadlines pending Decision on Collateral Appeal within this case; or in the Alternate, Motion to Set New Commencement Date for Filing Deadlines.
04/08/1999Record on Appeal DocumentsFiled Record on Appeal. Vols. 1 through 6 (Originals).
04/08/1999Case Status Update Submitted for Decision.
06/11/2001Order/DispositionalFiled Order of Affirmance. We conclude that appellant is not entitled to relief and that briefing and oral argument are unwarranted. "ORDER the judgment of the district court AFFIRMED." fn19[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted.] SNP01A-CY/ML/NB 01-09723
07/09/2001RemittiturIssued Remittitur. Returned Record on Appeal, Vols. 1 through 6 this day. 01-10307
07/09/2001Case Status Update Remittitur Issued/Case Closed.
07/25/2001RemittiturFiled Remittitur. Received by County Clerk on July 10, 2001. 01-10307