| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 05/03/1996 | Motion | Filed Motion. Motion to Dismiss Appeal or, in the Alternative, Motion to Remand to District Court for Appointment of New Counsel. | | |
| 05/13/1996 | Motion | Filed Response to Motion. Opposition to State's Motion to dismiss based upon declaration of Patricia M. Erickson. | | |
| 06/24/1997 | Order/Procedural | Filed Case Processing Order. The above-entitled appeal was docketed in this court on May 3, 1996, when respondent filed a motion to dismiss pursuant to NRAP 12 (c) or alternatively filed a motion to remand this matter to the district court for the apointment of new counsel. In an opposition to the motion, appellant has attempted to explain the six month delay in the transmission of the record on appeal. In light of the fact that this is an appeal from the denial of a post-conviction petition and appellant has been sentenced to death, it would be unconscionable to penalize appellant by dismissing this appeal based upon his court appointed counsel's shortcomings. We deny respondent's motion to dismiss this appeal. Attorney Erickson's conduct in this matter warrants the imposition of sanctions and she is hereby ordered to pay the sum of $500 to the Clark County Law Library and provide this court with proof of payment within 30 days of the date of this order. Failure to comply with this order in a timely fashion will result in the imposition of further sanctions. We grant respondent's alternative motion. We hereby remove attorney Erickson as counsel of record and remand this matter to the district court for the appointment of new counsel for appellant within 30 days of the date of this order. The clerk of the district court shall inform this court of the appointment and transmit the record on appeal within 35 days of the date of this order. Appointed counsel shall file a notice of appearance with this court within 10 days of the date of appointment and shall also file appellant's opening brief within 70 days from the date the record on appeal is filed with this court. Thereafter briefing shall proceed according to SCR 250(G). fn5[If appellant is unable to obtain the transcripts of proceedings wherein Nelson presided as court reporter and deems those proceedings relevant to the current appeal, appellant may submit a statement of the proceedings. If approved by the district court, the statement may be transmitted to this court as a supplemental record on appeal]. (Order mailed to attorney Erickson by certified mail). | | |
| 07/24/1997 | Motion | Filed Motion. For Reconsideration of Sanction and Fine Order dated June 24, 1997. | | |
| 08/01/1997 | Record on Appeal Documents | Filed Record on Appeal. Vols. 1 through 16 (copies). | | |
| 08/01/1997 | Exhibit | Received Exhibits (copies). Exhibit List. (Placed in correspondence file.) | | |
| 08/04/1997 | Notice/Incoming | Filed Notice. Notice of Appearance by Counsel (mailed copy of 6/24/97 order and reciept for ROA 8/1/97). | | |
| 08/05/1997 | Notice/Incoming | Received Notice. Notice of Appointment of Counsel filed in the district court August 1, 1997, appointing Joan D. Buckley to represent Appellant. | | |
| 10/10/1997 | Motion | Filed Motion to Extend Time. Motion for Extension of Time to File Appellant's Opening Brief. | | |
| 10/16/1997 | Other | Other. Filed Amended Certificate of Mailing. | | |
| 10/16/1997 | Motion | Filed Motion. Motion to Withdraw as counsel for appellant. | | |
| 04/08/1998 | Motion | Received Motion. For Disqualification. | | |
| 04/14/1998 | Other | Other. Mailed letter to attorney Patricia Erickson re: Motions to Disqualify Justice Young. (Nos 25247, 25807, 28463). | | |
| 07/28/1998 | Order/Procedural | Filed Case Processing Order. Denying Motions to Disqualify. On July 24, 1997, Erickson moved for reconsideration of the orders imposing sanctions. Further Erickson sought to be reinstated as counsel for appellant Emil in Docket No. 28463. During the pendency of the motions for reconsideration, Erickson submitted, in each of the appeals, a motion to disqualify Justice Young. Without expressing any opinion as to the procedural sufficiency of the motions, we direct the clerk of this court to file the motions. We conclude that attorney Erickson has failed to demonstate legally cognizable, factual grounds for Justice Young's disqualification under the Nevada Code of Judicial Conduct, and we deny her motions for the disqualification of Justice Young. Springer, C.J., dissenting. Nos. 25247, 25807 28463. | | |
| 07/28/1998 | Motion | Filed Motion. For Disqualification of the Honorable C. Clifton Young, Associate Justice. | | |
| 07/29/1998 | Order/Procedural | Filed Case Processing Order. This matter involves five criminal appeals in which attorney Patricia M. Erickson was appointed to represent the appellants. A review of the court's docket in these matters revealed what appears to be a complete disregard of the Nevada Rules of Appellate Procedure and an utter lack of diligence on counsel's part. We direct attorney Erickson to appear personally before this court on September 17, 1998, at 12:30 p.m., in Carson City following the conclusion of the oral arguments scheduled on that date. Any evidence which attorney Erickson desires to present on her behalf shall be filed in affidavit form on or before September 1, 1998. Fn3[Pending further order of this court, we defer ruling on: (1) the motions for reconsideration filed in Docket Nos. 25247, 25807 and 28463; (2) the motion to be reinstated as counsel in docket No. 28463; and (3) the motion to dismiss appeal in Docket No. 28462.] Nos. 25247, 25807, 25862, 28463. (Order mailed to attorney Erickson by regular and certified mail). | | |
| 08/03/1998 | Other | Other. Filed Supplement to Motion for Reconsideration. | | |
| 08/07/1998 | Motion | Filed Motion. To Continue Hearing (nos. 25247, 25897, 25862, 28462, & 28463). | | |
| 09/01/1998 | Order/Procedural | Filed Case Processing Order. On July 29, 1998, this court entered an order in these matters directing attorney Patricia Erickson to appear before this court on September 17, 1998. On August 7, 1998, Erickson moved to continue the show cause hearing. Cause appearing, we grant the motion. We vacate the hearing on September 17, 1998. The clerk of this court shall reschedule the show cause hearing for October 13, 1998, at 11:30 a.m., in Carson City following the conclusion of the oral arguments scheduled on that date. (Nos. 25247, 25807, 25862, 25462, 25463.) | | |
| 09/01/1998 | Other | Other. Filed Additional Evidence Submitted in Response to This Court's July 29, 1998 Order. (Nos. 25247, 25807, 25862, 28462, 28463.) | | |
| 09/01/1998 | Letter/Incoming | Received Letter. From attorney Patricia M. Erickson. She is available to appear on September 17, 1998, if the court wishes to reschedule the hearing for that date. (Nos. 25247, 25807, 25862, 28462, 28463.) | | |
| 09/18/1998 | Notice/Outgoing | Issued Notice. The personal appearance by Patricia Erickson has been moved to October 13, 1998 at 11:00 a.m.-1/2 hr. in Carson City. (Nos. 25247, 25807, 25862, 28462, 28463.) | | |
| 09/28/1998 | Notice/Outgoing | Issued Notice. Reminder Notice to appear and show cause. (25247, 25807, 25862, 28462, 28463.) | | |
| 10/07/1998 | Motion | Filed Motion. Request to Submit Additional Evidence to be Considered by this Honorable Court at October 13, 1998 Hearing in the Above Entitled Cases. (25247, 25807, 25862, 28462, 28463) | | |
| 10/07/1998 | Order/Procedural | Filed Case Processing Order. Of Limited Remand for Appointment of Counsel. We grant counsel's motion to withdraw as counsel for appellant. Fn1[We deny as moot appellant's motion for an extension of time to file the opening brief.] We remand this matter to the district court for the limited purpose of appointing counsel, who is qualified under SCR 250 to represent clients sentenced to death, to represent appellant, within 20 days of the date of this order. The clerk of the district court shall immediately advise the clerk of this court of the date of appointment and name of the attorney appointed and shall also serve a copy of this order on the attorney appointed and provide the clerk of this court with proof of such service within 10 days of appointment to file the opening brief. Thereafter, briefing shall proceed in accordance with SCR 250(IV) (G). | | |
| 10/13/1998 | Other | Other. Oral Argument for Attorney Patricia Erickson to Show Cause. Argument presented by Stephen Stein, Esq., Franny Forsman, Federal Public Defender, and Patricia M. Erickson, Esq. Submitted. Nos. 25247, 25807, 25862, 28462, 28463. | | |
| 12/02/1998 | Notice/Incoming | Filed Notice. Certified copy of Notice of Appointment of Counsel filed in district court on November 25, 1998. Patrick McDonald appointed as counsel for appellant. | | |
| 12/17/1998 | Notice/Incoming | Filed Notice. Notice of Appearance. Patrick E. McDonald appointed as counsel for appellant. (Docketing statement and copy of 10/7/98 order mailed to McDonald.) | | |
| 12/31/1998 | Order/Procedural | Filed Case Processing Order. The show cause hearing was conducted on October 13, 1998. Having considered the arguments and comments presented at that hearing, we conclude that reconsideration of the prior sanction orders is unwarranted. We deny attorney Erickson's motions for reconsideration of the sanction orders previously filed in Ellington v. State, Docket No. 25247, Brown v. State, Docket No. 25807 and Emil v. State, Docket No. 28463. We also deny attorney Erickson's motion to be reinstated as counsel for appellant Emil in docket No. 28463. Fn1[The district court has already appointed new counsel to represent appellant Emil.] We deny as moot the motion filed in each of these appeals on October 7, 1998, seeking leave to submit additional evidence. Attorney Erickson's failure to diligently proscute the appeal in Westcott v. State, Docket No. 25862, warrants the imposition of additional sanctions. Attorney Erickson shall pay, as an additional sanction, the sum of $500 to the Clark County Law Library. We refer attorney Erickson to the State Bar of Nevada so that she may obtain appropriate law office management assistance. Fn2[This is not a referral for discipline.] The total amount of sanctions imposed in these appeals is $2,000. Attorney Erickson shall communicate with the clerk of this court within 20 days from the date of this order to arrange appropriate payment schedule . We resolve the following motions and matters still pending in the above-entitled appeals. Nos. 25247, 25807, 25862, 28462, 28463. (Mailed order to attorney Erickson by regular and certified mail.) | | |
| 01/20/1999 | Letter/Incoming | Received Letter. From Attorney Patricia Erickson enclosing proof of payment of $1000 in sanctions to Clark Co. Law Library and requesting monthly payments on the remaing balance due. Nos. 25247, 25807, 25862, 28463. | | |
| 01/27/1999 | Notice/Outgoing | Issued Notice. Letter from Assistant Clerk to attorney Patricia M. Erickson: Your request to pay the $1000 balance of the sanctions due by $100 monthly payments has been approved. You should begin making these payments in February 1999. Your last payment should be made in November 1999. Each payment should be made during the first full week of each month and you should forward proof of each payment to the clerk of this court. Nos. 25247, 25807, 25862, 28463. | | |
| 02/08/1999 | Letter/Incoming | Received Letter. From attorney Patricia Erickson enclosing proof of February 1999 payment of $100. Nos. 25247, 25807, 25862, 28463. | | |
| 03/08/1999 | Letter/Incoming | Received Letter. From attorney Patricia Erickson enclosing proof of March 1999 payment of $100. Nos. 25247, 25807, 25862, 28463. | | |
| 03/15/1999 | Order/Procedural | Filed Case Processing Order. Appellant shall, within within 15 days of the date of this order, file and serve the docketing statement. | | |
| 03/19/1999 | Motion | Filed Motion. Motion to Permit Late Filing, Motion for Order Disclosing Reporter's Social Security Number and Motion to Hold Briefing Schedule in Abeyance. | | |
| 03/25/1999 | Motion | Filed Motion. Opposition to Appellant's Motion for Order Disclosing Reporter's Social Security Number and Motion to Hold Briefing Schedule in Abeyance. | | |
| 03/25/1999 | Docketing Statement | Filed Docketing Statement. (Mailed on: UPS 3/24/99.) | | |
| 04/12/1999 | Letter/Incoming | Received Letter. From attorney Patricia Erickson enclosing proof of April 1999 payment of $100. Nos. 25247, 25807, 25862, 28463. | | |
| 04/16/1999 | Order/Procedural | Filed Case Processing Order. On March 19, 1999, appellant's counsel filed a motion. The State has filed an opposition to the motion. The instant motion having been filed on March 19, 1999, we deny as moot the request to file the motion late. We deny the motion to hold briefing in abeyance pending receipt of reporter Nelson's social security number and the prepared transcript. We amend the current briefing schedule to allow appellant's counsel to cause supplementation of the record on appeal with a statement of the evidence in lieu of a transcript pursuant to NRAP 10(c). Should appellant's counsel deem that such a statement is warranted, he shall cause the district court clerk to certify and transmit the statement to this court, as a supplemental record on appeal, within 45 days from the date of this order. Appellant shall, within 45 days of the date of this order, serve and file the opening brief. Thereafter, briefing shall proceed in accordance with the provisions of NRAP 31(a). We do not expect further delays in this matter absent extreme and unforeseeable circumstances. | | |
| 05/10/1999 | Letter/Incoming | Received Letter. Proof of May 1999 payment of $100 sanctions (nos. 25247, 25807, 25862, 28463). | | |
| 06/01/1999 | Motion | Filed Motion. To Extend Time for Filing Appellant's Opening Brief (First Request). | | |
| 06/04/1999 | Letter/Incoming | Received Letter. Proof of June 1999 payment of $100 sanctions (nos. 25247, 25807, 25862, 28463). | | |
| 06/23/1999 | Order/Procedural | Filed Case Processing Order. Appellant Shall have to and including July 16, 1999, to file the opening brief. No further requests for extensions of time in the briefing schedule will be granted in the absence of extraordinary circumstances demonstrating extreme need. | | |
| 06/30/1999 | Motion | Filed Motion. To Supplement Record on Appeal. | | |
| 07/07/1999 | Order/Procedural | Filed Case Processing Order. Appellant's requests for supplementation of the record and for additional time to file the opening brief are hereby denied. This court will permit appellant to file an appendix with the opening brief, as presently provided in NRAP 10. Appellant may have to and including July 30, 1999, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with the provisions set forth in NRAP 31(a)(1). | | |
| 07/09/1999 | Letter/Incoming | Received Letter. From attorney Patricia Erickson enclosing proof of July 1999 payment of $100. Nos. 25247, 25807, 25862, 28463. | | |
| 08/11/1999 | Letter/Incoming | Received Letter. From attorney Patricia Erickson enclosing proof of August 1999 payment of $100. Nos. 25247, 25807, 25862, 28463. | | |
| 08/13/1999 | Motion | Filed Motion. To Permit Late Filing of Appellant's Opening Brief and Appendix. | | |
| 08/13/1999 | Motion | Filed Motion. Application for Permission fo File Opening Brief in Excess of Thirty Pages. | | |
| 08/13/1999 | Brief | Received Brief. Appellant's Opening Brief. | | |
| 08/13/1999 | Appendix | Received Appendix. Appendix to Opening Brief. Vols. 1 and 2. | | |
| 08/13/1999 | Other | Other. Filed Receipt of Copy (for Opening Brief, Appendix, Application for Excess Pages and Motion to File Late Opening Brief.) | | |
| 08/31/1999 | Order/Procedural | Filed Case Processing Order. Appellant has moved this court to file a late opening brief and appendix and to file a 101 page opening brief. The motions are granted. The clerk shall file the opening brief and appendix provisionally submitted with appellant's motions. Respondent shall have 45 days from the date of this order to file and serve the answering brief. Appellants shall file and serve the reply brief, if any, within 30 days of the date of service of the answering brief. | | |
| 08/31/1999 | Brief | Filed Brief. Appellant's Opening Brief. Mailed on: 8/11/99 Fed Ex. | | |
| 08/31/1999 | Appendix | Filed Appendix. Appendix to Opening Brief. Vols. 1 and 2. Mailed on: 8/11/99 Fed Ex. | | |
| 09/13/1999 | Letter/Incoming | Received Letter. From attorney Patricia Erickson enclosing proof of September 1999 payment of $100 for sanctions (nos. 25247, 25807, 25862, 28463.) | | |
| 10/06/1999 | Letter/Incoming | Received Letter. From attorney Patricia Erickson enclosing proof of October 1999 payment of $100. Nos. 25247, 25807, 25862, 28463. | | |
| 10/18/1999 | Motion | Filed Motion. For Leave to File a 36 Page Answering Brief. | | |
| 10/18/1999 | Brief | Received Brief. Respondent's Answering Brief. | | |
| 10/26/1999 | Order/Procedural | Filed Case Processing Order. Granting motion. The thirty-six page answering brief provisionally submitted on October 18, 1999, shall be filed, forthwith. The appellant shall have 30 days from the date of this order to serve and file the reply brief. | | |
| 10/26/1999 | Brief | Filed Brief. Respondent's Answering Brief. Mailed on: Express mail-no postmark. | | |
| 11/10/1999 | Letter/Incoming | Received Letter. From attorney Patricia Erickson enclosing proof of November 1999 payment of $100. Nos. 25247, 25807, 25862, 28463. | | |
| 11/29/1999 | Motion | Filed Motion. To Extend Time for Filing Appellant's Reply Brief. | | |
| 12/08/1999 | Order/Procedural | Filed Case Processing Order. Granting Extension of Time. We grant appellant's motion for an extension of time, to and including January 13, 2000, to file and serve the reply brief. No further extensions fo time shall be permitted in the absence of extreme and unforeseeable circumstances. | | |
| 01/18/2000 | Brief | Filed Brief. Appellant's Reply Brief. (Mailed on: 1/13/00). | | |
| 01/18/2000 | Other | Other. Case submitted on briefs this day. | | |
| 01/18/2000 | Case Status Update | Submitted for Decision. | | |
| 03/29/2000 | Order/Dispositional | Filed Order Dismissing Appeal. "ORDER this appeal dismissed." (Copy of Order mailed to the Federal Public Defender). NNP99B-CY/DA/ML. | | 01-00929
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| 04/14/2000 | Motion | Filed Motion to Extend Time. Motion to Extend Time to file Petition for Rehearing. | | 00-06024
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| 04/24/2000 | Order/Procedural | Filed Order Extending Time. Rehearing petition due: May 12, 2000. If appellant fails to file a petition for rehearing by May 12, 2000, the clerk of this court shall issue the remittitur on May 15, 2000. | | 00-06586
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| 05/12/2000 | Motion | Filed Motion to Extend Time. | | 00-07943
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| 05/18/2000 | Order/Procedural | Filed Order Granting Motion. Appellant shall have to and including June 1, 2000, to file and serve a petition for rehearing. We stay the issuance of the remittitur. If a petition for rehearing is filed within the allotted time period, the remittitur will be stayed pending resolution of the petition for rehearing. If appellant fails to file a petition for rehearing by June 1, 2000, the clerk of this court shall issue the remittitur on June 6, 2000. | | 00-08290
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| 06/01/2000 | Post-Judgment Petition | Filed Petition for Rehearing. Petition for Rehearing. | | 00-09223
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| 08/30/2000 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NNP99B-CY/DA/ML | | 00-15307
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| 09/15/2000 | Remittitur | Issued Remittitur. | | 00-15420
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| 09/15/2000 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 10/25/2000 | Remittitur | Filed Remittitur. Received by County Clerk on October 4, 2000. | | 00-15420
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