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United States Court Cases

Nevada Supreme/Appellate Court Record

GARCIA (JOSE) VS. STATE

Case Information: 32879
Short Caption:GARCIA (JOSE) VS. STATECourt:Supreme Court
Related Case(s): 53154 , 62324
Lower Court Case(s):Clark Co. - Eighth Judicial District - C142741Classification:Criminal Appeal - Fast Track - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/24/1998Filing Fee Filing Fee Waived.
08/24/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.)
10/20/1998Order/ProceduralFiled Order. To date, no fast track statement has been filed. Counsel for appellant shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel should not be sanctioned.
11/04/1998MotionFiled Response to Order to Show Cause.
11/20/1998Order/ProceduralFiled Order. On November 4, 1998, Pallares filed a response to this court's order to show cause. Trial counsel may not withdraw from representation without the permission of this court. The district court's order granting Pallares' motion to withdraw was without effect, as was the district court's subsequent order appointing Gary Gowen to represent appellant in this appeal. fn1[Gary Gowen is hereby relieved of any further obligation in this appeal.] Pallares is hereby ordered to comply with NRAP 3C and, within 10 days from the date of this order, file on behalf of this appellant a transcript request form or a certificate of no transcript request. Pallares shall file a fast track statement within 30 days of the date of this order. fn2[Although this court declines to impose monetary sanctions on Pallares at this time, Pallares is cautioned that continued failure to comply with NRAP 3C and the orders of this court may result in the imposition of sanctions.]
12/09/1998MotionFiled Motion.
12/11/1998Notice/IncomingFiled Proof of Service. Certificate of Mailing.
12/31/1998Order/ProceduralFiled Order. On December 9, 1998, Pallares filed a motion to withdraw as counsel for appellant. It is clear that Pallares remains obligated to file the fast track statement and appendix. The motion to withdraw is therefore denied. Pallares shall file and serve the fast track statement and appendix within 20 days of this order or show cause why he should not be sanctioned.
03/12/1999Order/CounselFiled Order/Sanctions. Pallares has not responded to our order of December 31, 1998. We conclude that sanctions should be imposed in the amount of $100. Pallares shall personally pay this sum to the Supreme Court Law Library and provide the clerk of this court with proof of such payment within 20 days of the date of this order and shall file and serve the fast track statement and appendix within 10 days, or show cause why he should not be sanctioned further. (Order mailed to Pallares by regular and certified mail.)
04/02/1999MotionFiled Motion to Extend Time.
04/13/1999Order/ProceduralFiled Order. The fast track statement and appendix shall be filed and served within 30 days of this order. No further extensions will be granted.
05/17/1999Fast Track BriefFiled Fast Track Statement.
07/13/1999Order/ProceduralFiled Order. Counsel for respondent shall within 10 days form the date of this order file a fast track response in compliance with NRAP 3C, or show cause why he/she should not be sanctioned.
07/23/1999MotionFiled Motion to Extend Time.
07/29/1999Order/ProceduralFiled Order. The fast track response shall be filed within 10 days of this order.
07/30/1999Fast Track BriefFiled Fast Track Response.
09/15/1999Order/ProceduralFiled Order. Appellant's counsel shall file a certified copy of the transcripts with the clerk of this court within 10 days of the date of this order. Further, counsel shall show cause within 15 days why he should not be sanctioned for failure to comply with NRAP 3C(d)(3) and with this court's November 20, 1998, order. We order counsel for appellant to file two file-stamped copies of the judgment of conviction with the clerk of this court within 10 days from the date of this order. Counsel for appellant shall pay the sanction imposed on March 12, 1999, and provide the clerk of this court with proof of said payment within 15 days of this order or show cause why he should not be sanctioned further.
09/29/1999TranscriptFiled Transcript. Proceedings: June 16, 1998 and June 17, 1998. Court Reporter: Yvonne M. Valentin.
09/29/1999Other Other. Received check from Jose Pallares, Ltd.--check no. 2130 to pay $100 sanction per 9/15/99 order. (Forwarded to Law Library, Attn: Susan Southwick).
10/29/1999Order/CounselFiled Order/Sanctions. We order Pallares to file two file-stamped copies of the judgment of conviction with this court within 10 days from the date of this order or pay sanctions in the amount of $100 for his failure to comply with NRAP 3C(c) and this court's order of September 15, 1999. Because Pallares has failed to show cause for his failure to comply with NRAP 3C(c) and this court's order of November 20, 1998, we order Pallares to pay a sanction of $100 to the Supreme Court Law Library and provide this court with proof of said payment within 20 days. (Order mailed to Pallares by regular and certified mail.)
11/17/1999Order/IncomingFiled District Court Order. Two certified copies of Judgment of Conviction filed in district court on August 24, 1999. (Received from attorney Pallares.)
12/27/1999Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal dismissed." fn1[To date, Pallares has not paid this sanction. We order Pallares to pay the sanction imposed on October 29, 1999, and provide proof of said payment to the clerk of this court within 10 days or show cause why he should not be sanctioned further for failing to comply with this court's order.] SNP 99B-WM/MS/NB
01/25/2000RemittiturIssued Remittitur.
02/07/2000RemittiturFiled Remittitur. Received by County Clerk on February 1, 2000.
02/07/2001Order/ProceduralFiled Order. Pallares has never responded to this court's order filed December 27, 1999. We order Pallares, within 10 days of this order, to show cause why he should not be referred to the State Bar of Nevada for investigation and possible discipline pursuant to SCR 105.
02/22/2001MotionFiled Response to Order to Show Cause. 01-03402
03/02/2001Notice/IncomingFiled Proof of Payment of Sanction. check no. 2674 in the amount of $100.00 forwarded to the Supreme Court Law Library. 01-03874
03/29/2001Order/ProceduralFiled Order. On February 7, 2001 this court ordered Pallares to show cause why he should not be referred to the State Bar of Nevada for investigation and possible discipline. On February 22, 2001, Pallares filed a response, and on March 2, 2001, he paid the sanction. This court has concluded that Pallares should not be referred to the State Bar at this time. Pallares is cautioned, however, that such conduct in the future may again result in the imposition of sanctions. 01-05521