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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 35694
Short Caption:FAILE (BRIAN) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C86065Classification:Criminal Appeal - Fast Track - Post-Conviction
Disqualifications:ShearingCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Senior Justice ShearingPanel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
02/25/2000Filing Fee Filing Fee Waived.
02/25/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 00-03043
03/21/2000Order/CounselFiled 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
04/03/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/16/00. To Court Reporter: Peggy Cardwell. 00-05300
05/01/2000MotionFiled Motion to Extend Time. 00-07059
05/04/2000Order/ProceduralFiled Order Granting Motion. The fast track statement and appendix shall be filed and served within 15 days of this order. 00-07282
05/30/2000TranscriptFiled Transcript. Proceedings: February 16, 2000. Court Reporter: Margaret Cardwell. 00-09056
07/11/2000Order/ProceduralFiled 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
09/05/2000MotionFiled Motion. Motion to Withdraw from filing the Fast Track Statement. 00-15625
09/20/2000Order/ProceduralFiled 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
10/13/2000Notice/IncomingFiled Notice. Notice of Appointment of Gregory L. Denue as counsel for Appellant. 00-18262
12/28/2000Order/ProceduralFiled 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
01/11/2001Other Returned Unfiled Document. (appendix attached).
01/29/2001Fast Track BriefReceived Fast Track Statement. 01-01902
01/29/2001AppendixReceived Appendix. Appellant's Appendix. 01-01903
02/09/2001MotionFiled Motion to Extend Time. 01-02680
02/13/2001Letter/IncomingFiled Letter. addressed to the justices from appellant Brian S. Faile regarding the handling of his case by attorney Gregory Denue. 01-02897
02/16/2001Order/ProceduralFiled 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
02/16/2001Fast Track BriefFiled Fast Track Statement. 01-01902
02/16/2001AppendixFiled Appendix to Fast Track Statement. 01-01903
02/16/2001Fast Track BriefFiled Fast Track Response. 01-01968
02/16/2001AppendixFiled Appendix to Fast Track Response. 01-01971
02/27/2001OtherDisqualification of Justice Shearing. (sat in district court proceedings).
04/04/2001Order/DispositionalFiled 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
05/01/2001RemittiturIssued Remittitur. 01-05794
05/01/2001Case Status Update Remittitur Issued/Case Closed.
06/01/2001RemittiturFiled Remittitur. Received by County Clerk on May 9, 2001. 01-05794