search tips
740 million+
United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 32672
Short Caption:HATHAWAY VS. STATECourt:Supreme Court
Lower Court Case(s):Nye Co. - Fifth Judicial District - CR2838Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:11/17/1999How Submitted:On Briefs

+ Party Information

Docket Entries
07/09/1998Filing Fee Filing Fee Waived.
07/09/1998Notice 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.)
07/10/1998TranscriptFiled Transcript. Proceedings: Trial--March 12 and 13, 1998. Court Reporter: Jeanie Wright.
07/15/1998Letter/IncomingFiled Letter. Received letter from attorney Harold Kuehn regarding representation of appellant.
07/20/1998Transcript RequestFiled Request for Transcript of Proceedings. Request for Rough Draft Transcript of Proceedings.
08/05/1998MotionFiled Motion for Excess Pages. Motion for Fast Track Statement in Excess of Ten Pages.
08/05/1998Fast Track BriefReceived Fast Track Statement.
08/05/1998AppendixReceived Appendix. Fast Track Appendix.
08/10/1998MotionFiled Response to Motion. Respondent's Opposition to Appellant's Motion for Fast Track Statement in excess of ten pages.
08/17/1998Order/ProceduralFiled Order. Filed Order on July 1, 1998, Kuehn filed a notice of appeal. In a letter of this court dated July 13, 1998, Kuehn informed this court that the district court granted Kuehn's motion to withdraw from further representation of appellant. On August 5, 1998, attorney Robert Glennen submitted a fast track statement and appendix in this appeal. Glennen was appointed by the district court to represent appellant after Kuehn was allowed to withdraw. Glennen also filed a motion for leave to file a fast track statement in excess of 10 pages. The motion is opposed. The district court improperly allowed Kuehn to withdraw and substituted Glennen. Because a fast track statement has already been prepared, this appeal will be allowed to proceed with Glennen as counsel for appellant. In the future, the district court shall not allow the post-sentencing withdrawal of an attorney in a fast track case. Such motions must be addressed to this court. The motion for leave to file a fast track statement in excess of 10 pages is granted. The fast track statement and appendix submitted on August 5, 1998, shall be filed by the clerk of this court, forthwith. The fast track response shall be filed and served within 20 days of this order.
08/17/1998Fast Track BriefFiled Fast Track Statement.
08/17/1998AppendixFiled Appendix to Fast Track Statement.
09/02/1998Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due: September 15, 1998.
09/21/1998Fast Track BriefFiled Fast Track Response.
10/13/1998Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief and appendix due: 40 days. fn2[We suspend the requirement in NRAP9 for counsel to file a certified transcript.] Answering brief and reply brief shall be filed in compliance with NRAP 31.fn3[Oral argument will not be scheduled, and this appeal shall stand submitted on the record and briefs filed herein, upon completion of briefing.]
11/24/1998AppendixFiled Appendix to Opening Brief. (mailed on 11/21/98).
11/30/1998BriefFiled Opening Brief. Mailed on: 11/23/98.
01/04/1999BriefFiled Answering Brief. Mailed on: 12/31/98.
02/16/1999Order/IncomingFiled District Court Order. Certified copy of amended Judgment of Conviction filed in district court on February 11, 1999.
03/02/1999Case Status Update Submitted for Decision.
11/17/1999Case Status Update Resubmitted for Decision. Panel: NNP99B-CY/DA/ML.
01/26/2000Order/DispositionalFiled Order Dismissing Appeal. Judgment: "ORDER this appeal dismissed." NNP99B-CY/DA/ML.
02/23/2000RemittiturIssued Remittitur. 00-02825
02/23/2000Case Status Update Remittitur Issued/Case Closed.
03/09/2000RemittiturFiled Remittitur. Received by County Clerk on February 29, 2000. 00-02825