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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 32025
Short Caption:BROWN (TROY) VS. STATE C/W 33325Court:Supreme Court
Consolidated:32025*, 33325 Related Case(s): 33325
Lower Court Case(s):Elko Co. - Fourth Judicial District - 5833Classification:Criminal Appeal - Life - 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:06/13/2000How Submitted:

+ Party Information

Docket Entries
03/25/1998Filing Fee Filing Fee Waived. Criminal.
03/25/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
04/10/1998Docketing StatementFiled Docketing Statement.
04/10/1998Transcript RequestFiled Request for Transcript of Proceedings. To Court Reporter: Christian Knox.
04/10/1998MotionFiled Motion. Motion to Withdraw.
04/13/1998Other Other. Received Order filed in district court on 3/23/98 appointing attorney.
04/27/1998Other Other. Returned, unfiled, document entitled "Appellant's Fast Track Appeal Statement." (Not signed or served; not a fast track appeal.)
05/05/1998Order/ProceduralFiled Case Processing Order. On April 10, 1998, appellant's counsel, Matthew J. Stermitz, filed a motion to withdraw as appellant's counsel of record. We grant attorney Stermitz's motion. The clerk shall forthwith remove attorney Stermitz's name as appellant's counsel of record in this matter. We remand this matter to the district court for the limited purpose of appointing new counsel to represent appellant in this matter. The district court shall have 20 days from the date of this order to appoint new counsel to represent appellant and shall thereafter promptly file with this court a copy of the written order of appointment of counsel, and shall advise the clerk of this court of the date of appointment and the name of the attorney appointed and shall also serve a copy of this order on the attorney appointed. Appointed counsel shall file a notice of appearance with this court within 10 days of appointment. 1[The briefing schedule set forth in NRAP 31(a)(1) shall commence to run from the date on which counsel is required, under this order, to file a notice of appearance in this court.]
05/06/1998TranscriptFiled Rough Draft Transcript of Proceedings. Court Reporter: Christian Knox.
05/11/1998Other Other. Filed Notice of Entry of Order (see Order filed 5/5/98).
05/11/1998Letter/IncomingReceived Letter. From proper person appellant Troy Don Brown re: appointment of new counsel.
05/26/1998Other Other. Filed certified copy of Order appointing Attorney filed in district court on May 12, 1998. Jeffrey J. Kump appointed as counsel for appellant. (Copy of 5/5/98 order mailed to counsel.)
06/03/1998MotionFiled Motion to Extend Time. For filing Docketing Statement and Entry of Appearance.
06/03/1998Other Other. Received Entry of Appearance.
06/03/1998Docketing StatementReceived Docketing Statement.
06/25/1998Other Other. Filed order on June 3, 1998, appellant filed a motion for an extension of time to file the docketing statement and counsel's notice of appearance. We grant the motion. The clerk shall forthwith file the docketing statement and notice of appearance submitted provisionally with appellant's motion.
06/25/1998Other Other. Filed Entry of Appearance.
06/25/1998Docketing StatementFiled Docketing Statement.
08/28/1998MotionFiled Motion.
09/08/1998Other Incoming DocumentReceived Proper Person Document. Proper person request for leave of court and Appellant's Pro Per Supplement to Docketing Statement of Criminal Appeal. RETURNED UNFILED 12/29/98.
09/08/1998Other Other. Received copy or order allowing withdrawal of attorney, and order appointing attorney filed in district court on 9/3/98.
09/16/1998Other Other. Received Opposition to Supplementation of Docketing Statement. RETURNED UNFILED 12/29/98.
10/21/1998Notice/IncomingFiled Notice of Appearance. Representing appellant: Donald York Evans.
10/21/1998MotionFiled Motion. To hold Appeal in abeyance or in the alternative request for a new briefing schedule.
10/26/1998Other Other. Filed Affidavit of Mailing.
10/27/1998Other Other. Filed Amendment to Motion to hold appeal in abeyance or in the alternative request for briefing schedule.
11/06/1998MotionFiled Response to Motion. Response to amendment to Motion to hold appeal in abeyance or in the alternative request for briefing schedule.
12/29/1998Order/ProceduralFiled Case Processing Order. Attorney Jeffrey J. Kump has filed a motion to withdraw as counsel for appellant. In the interest of judicial economy, we grant attorney Kump's motion. On October 21, 1998, attorney Donald York Evans, having been appointed to represent appellant, filed a notice of appearance and a motion. On October 27, 1998, the motion was amended. We grant the amended motion. Attorney Evans shall, within 90 days from the date of this order, file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). On September 8, 1998, appellant submitted a proper person motion. 1[We have received and considered appellant's proper person submission.] We direct the clerk to return, unfiled, appellant's proper person motion and supplement to the docketing statement, submitted provisionally on September 8, 1998, and the State's opposition, submitted provisionally on September 16, 1998.
12/29/1998Other Returned Unfiled Document. Returned with letter to appellant Brown the proper person Request for Leave of Court and Appellant's Pro-Per Supplement to Docketing Statement of Criminal Appeal.
12/29/1998Other Other. Returned unfiled with letter to District Attorney: original Opposition to Supplementation of Docketing Statement.
01/27/1999MotionFiled Motion for Stay. Stay briefing schedule pending resolution of motion for leave to withdraw as counsel (Reno Carson Messenger--1/16/99).
01/27/1999MotionFiled Motion. (Reno Carson Messenger--1/26/99.)
01/29/1999MotionFiled Motion. To consolidate appeals Nos. 32025 and 33325.
02/08/1999Other Other. Filed consent to the withdrawal of Donald York Evans as counsel of record for appellant.
03/29/1999MotionFiled Motion to Extend Time. Appellant's Opening Brief.
04/08/1999Other Other. Filed Notice of no objection to enlargement of time in which to file appellant's opening brief.
04/16/1999Order/ProceduralFiled Case Processing Order. On January 27, 1999, attorney Donald York Evans filed motions in both above-entitled matters to withdraw as counsel of record. We deny attorney Evans' motions. Attorney shall remain counsel of record for appellant. Attorney Evans has also filed motion to consolidate the above-entitled matters and to extend the time for filing the opening brief. We grant the motions. We hereby consolidate the above-entitled matters for all appellate purposes. Appellant shall, within 60 days from the date of this order, file and serve a single opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 32025, 33325.
06/14/1999BriefFiled Opening Brief. Appellant's Opening Brief. Mailed on: Hand delivered 6/14/99. Nos. 32025 and 33325.
06/14/1999AppendixFiled Appendix to Opening Brief. Appellant's Appendix A and B. Nos. 32025 and 33325.
06/15/1999Other Other. Filed Certificate of Compliance.
06/28/1999BriefFiled Brief. Respondent's answering brief. Mailed on: 6/23/99.
07/27/1999MotionFiled Motion. To amend Docketing Statements (nos. 32025 and 33325).
07/28/1999BriefFiled Brief. Appellant's reply brief. (Mailed on: Reno/Carson Messenger 7/28/99.) (Nos. 32025 and 33325).
07/28/1999Other Other. Case submitted on briefs this day.
10/06/1999Order/ProceduralFiled Case Processing Order. Denying Motion to amend Docketing statements. We deny appellant's motion. Nevertheless, this court shall take appellant's requests into consideration when reviewing these appeals and determining whether oral argument is warranted. Nos. 32025, 33325.
06/13/2000Case Status Update Resubmitted for Decision. Panel: Northern Nevada Panel. NNP99B-CY/DA/ML.
09/08/2000Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal dismissed." NNP99B-CY/DA/ML Nos. 32025, 33325. 00-15836
10/04/2000RemittiturIssued Remittitur. 00-16038
10/04/2000Case Status Update Remittitur Issued/Case Closed.
10/25/2000RemittiturFiled Remittitur. Received by County Clerk on October 6, 2000. 00-16038