| Case Information: 35694 | |||
| Short Caption: | FAILE (BRIAN) VS. STATE | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C86065 | Classification: | Criminal Appeal - Fast Track - Post-Conviction |
| Disqualifications: | Shearing | Case Status: | Remittitur Issued/Case Closed |
| Replacement: | Justice Maupin for Senior Justice Shearing | Panel Assigned: | Panel |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 02/25/2000 | Filing Fee | Filing Fee Waived. | ||
| 02/25/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 00-03043 | |
| 03/21/2000 | Order/Counsel | Filed Order/Fast Track/Counsel. Appellant filed his notice of appeal in proper person.This appeal is governed by NRAP 3C. Attorney Joan Buckley shall file the transcript request form within10 days and a fast track statement within 40 days. Thereafter, this appeal shall proceed in accordance with NRAP 3C. | 00-04462 | |
| 04/03/2000 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 2/16/00. To Court Reporter: Peggy Cardwell. | 00-05300 | |
| 05/01/2000 | Motion | Filed Motion to Extend Time. | 00-07059 | |
| 05/04/2000 | Order/Procedural | Filed Order Granting Motion. The fast track statement and appendix shall be filed and served within 15 days of this order. | 00-07282 | |
| 05/30/2000 | Transcript | Filed Transcript. Proceedings: February 16, 2000. Court Reporter: Margaret Cardwell. | 00-09056 | |
| 07/11/2000 | Order/Procedural | Filed Order/Fast Track. Counsel for appellant 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. | 00-11778 | |
| 09/05/2000 | Motion | Filed Motion. Motion to Withdraw from filing the Fast Track Statement. | 00-15625 | |
| 09/20/2000 | Order/Procedural | Filed Order. On September 5, 2000, counsel for appellant filed a motion to withdraw as counsel of record in this appeal. Because counsel for appellant has closed her law office, the motion is granted. We remand this appeal to the district court for the limited purpose of securing appellate counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint appellate counsel. Otherwise, the district court shall order that, within 30 days, appellant must retain appellate counsel and appellate counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of appellate counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellate counsel. Thereafter, appellate counsel shall have 10 days within which to file a notice of appearance with the clerk of this court. Appellate counsel shall file a fast track statement within 40 days of filing the notice of appearance in this court. | 00-16589 | |
| 10/13/2000 | Notice/Incoming | Filed Notice. Notice of Appointment of Gregory L. Denue as counsel for Appellant. | 00-18262 | |
| 12/28/2000 | Order/Procedural | Filed Order. On October 13, 2000, this court received a notice of appointment of Gregory L. Denue as counsel for appellant. To date, Denue has failed to enter a notice of appearance, or communicate with this court in any manner regarding this appeal. Denue shall, within 10 days of this order, file the fast track statement and appendix, or show cause why Denue should not be sanctioned. | 00-22640 | |
| 01/11/2001 | Other | Returned Unfiled Document. (appendix attached). | ||
| 01/29/2001 | Fast Track Brief | Received Fast Track Statement. | 01-01902 | |
| 01/29/2001 | Appendix | Received Appendix. Appellant's Appendix. | 01-01903 | |
| 02/09/2001 | Motion | Filed Motion to Extend Time. | 01-02680 | |
| 02/13/2001 | Letter/Incoming | Filed Letter. addressed to the justices from appellant Brian S. Faile regarding the handling of his case by attorney Gregory Denue. | 01-02897 | |
| 02/16/2001 | Order/Procedural | Filed Order Granting Motion. The clerk of this court shall file, forthwith, the fast track statement and appendix provisionally submitted on February 29, 2001. The clerk shall also file the fast track response and appendix received on January 30, 2001. | 01-03041 | |
| 02/16/2001 | Fast Track Brief | Filed Fast Track Statement. | 01-01902 | |
| 02/16/2001 | Appendix | Filed Appendix to Fast Track Statement. | 01-01903 | |
| 02/16/2001 | Fast Track Brief | Filed Fast Track Response. | 01-01968 | |
| 02/16/2001 | Appendix | Filed Appendix to Fast Track Response. | 01-01971 | |
| 02/27/2001 | Other | Disqualification of Justice Shearing. (sat in district court proceedings). | ||
| 04/04/2001 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn5[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted.] NNP01A-WM/DA/RR | 01-05784 | |
| 05/01/2001 | Remittitur | Issued Remittitur. | 01-05794 | |
| 05/01/2001 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 06/01/2001 | Remittitur | Filed Remittitur. Received by County Clerk on May 9, 2001. | 01-05794 | |