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United States Court Cases

Nevada Supreme/Appellate Court Record

SNYDER (ERIC) VS. STATE

Case Information: 29849
Short Caption:SNYDER (ERIC) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C136994Classification: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
01/15/1997Filing Fee Filing Fee Waived. Criminal.
01/15/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
01/23/1997Notice/OutgoingIssued Notice. To File Case Appeal Statement. Due Date: 10 days.
02/03/1997Other Other. Filed Confirmation of Counsel. Notice of Appointment of New Appellate Counsel. (Docketing statement and copy of rule changes mailed to Alan R. Harter, counsel for appellant. 1/23/97 notice to file case appeal statement was served on Harter by attorney Rappard.)
08/11/1997Order/ProceduralFiled Case Processing Order. To Date: appellant has failed to file the following documents: (1) case appeal statement; (2) transcript request form or certificate of no transcript; (3) docketing statement; and (4) opening brief. Appellant shall within 20 days from the date of this order, file the required documents or show cause why sanctions should not be imposed against counsel for appellant.
08/27/1997Other Other. Filed Certification: no transcript is to be requested.
08/27/1997Docketing StatementFiled Docketing Statement.
08/27/1997BriefFiled Brief. Appellant's Opening Brief. (Mailed on: 8/26/97).
08/29/1997Other Other. Received a certified copy of the Case Appeal Statement. Filed in the district court August 26, 1997.
09/02/1997Other Other. Filed Certificate of Compliance.
09/02/1997Other Other. Filed Affidavit of Service by mail: Certification.
09/09/1997MotionFiled Motion. To Strike Appellant's Opening Brief and to Hold Briefing Schedule in Abeyance.
09/15/1997Order/ProceduralFiled Case Processing Order. Appellant filed the opening brief on August 27, 1997. The opening brief suffers from several procedural deficiencies. We direct the clerk to strike the deficient opening brief filed on August 27, 1997. Appellant shall have 10 days from the date of this order to serve and file an amended opening brief and a joint appendix or an appellant's appendix. Respondent shall have 30 days from filing of the amended opening brief and appendix to serve and file the answering brief. fn1[We deny as moot respondent's motion to strike the opening brief and to hold the briefing schedule in abeyance]. (Original and two copies of Appellant's Opening Brief Stricken).
04/08/1998MotionFiled Motion. To Dismiss Appeal or in the Alternative, Motion to Compel Appellant's Counsel fo File an Amended Opening Brief and Appendix.
05/05/1998Order/ProceduralFiled Case Processing Order. We deny respondent's motion to dismiss. We direct appellant's counsel, Alan R. Harter, to file an amended opening brief and appendix within 15 days of the date of this order and shall show cause why sanctions should not be imposed upon him for failure to comply with our previous order. Failure to comply with any portion of this order in a timely manner may result in the immediate imposition of sanctions.
05/26/2000Order/ProceduralFiled Case Processing Order. Imposing Sanctions. Appellant has failed to comply with our orders enetered on September 15, 1997, and May 5, 1998, or to otherwise communicate with this court. We conclude that the imposition of sanctions is warranted. Attorney Harter shall personally pay the sum of $250 to the Supreme Court Law Library and file proof of such payment with the clerk of this court within 20 days of this order and shall file and serve an amended opening brief and appendix. Failure to comply with this order may result in the immediate imposition of additional sanctions, including, but not limited to, referral of this matter to the State Bar of Nevada. (Mailed order to attorney Harter by regular and certified mail). SNP99B-WM/MS/NB
10/09/2000Order/ProceduralFiled Order. Order Referring Counsel to the State Bar and Remanding for the Limited Purpose of Securing New Counsel.To date, attorney Harter has failed to take any action in this case for over three years and has not complied with our orders of September 15, 1997, May 5, 1998, and May 26, 2000 and has failed to show cause why sanctions should not be imposed or to otherwise communicate with this court. This is not the first time that this court has imposed sanctions against attorney Harter. On July 24, 1998, we imposed sanctions of $500 in Docket No. 29734. On July 29, 1998, we imposed sanctions of $250 in Docket No. 30789. On October 15, 1999, we imposed sanctions of $100, and on April 12, 2000, additional sanctions of $250, in Docket No. 33999. To date, attorney Harter has failed to comply with any of the orders imposing sanctions in the above-listed appeals. Accordingly, we refer this matter to the State Bar of Nevada for investigation and possible disciplinary action. The clerk of this court shall provide Bar Counsel with copies of the following orders: (1) orders entered on August 11, 1997, September 15, 1997, May 5, 1998, and May 26, 2000, in the instant appeal, Docket No. 29849; (2) orders entered on August 11, 1997, September 15, 1997, October 29, 1997, July 24, 1998, and June 8, 1999, in Docket No. 29734; (3) orders entered December 12, 1997, July 29, 1998, and June 8, 1999, in Docket No. 30789; and (4) orders entered on October 15, 1999, April 12, 2000, June 12, 2000, and September 6, 2000, in Docket No. 33999. fn1[The orders entered on June 8, 1999, in Docket Nos. 29734 and 30789 removed attorney Harter as counsel of record in those appeals and referred those matters to the State Bar of Nevada for investigation and, if appropriate, disciplinary proceedings regarding attorney Harter's conduct and failure to prosecute those appeals in an appropriate manner. Similarly, the order entered on June 12, 2000, in Docket No. 33999 removed attorney Harter as counsel of record. Attorney Harter's failure to respond to that order necessitated entry of the order on September 6, 2000, referring the matter to the State Bar of Nevada.] We hereby remove attorney Harter as counsel for appellant and remand this matter to the district court for the limited purpose of securing new counsel for appellant. If appellant is indigent, the district court shall appoint counsel for appellant within 30 days from the date of this order. If appellant is not indigent, the district court shall order appellant to retain counsel and to cause counsel to enter an appearance in the district court within 30 days from the district court's determination. Within 5 days from the appointment or appearance of 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 on counsel. Within 15 days from appointment or appearance of counsel in the district court, counsel shall file a notice of appearance with the clerk of this court. Thereafter, counsel shall have 40 days to file and serve the opening brief and appendix. Finally, we direct the Chief Judge of the Eighth Judicial District Court to remove attorney Harter's name from the list of attorneys eligible to accept appointments to represent indigent criminal defendants on appeal. (Mailed a copy of the order to attorney Alan R. Harter by regular and certified mail.) 00-17822
10/09/2000Notice/OutgoingIssued Letter. to Bar Counsel in Las Vegas with copies of the following orders: (1) orders entered on August 11, 1997, September 15, 1997, May 5, 1998, and May 26, 2000, in the instant appeal, Docket No. 29849; (2) orders entered on August 11, 1997, September 15, 1997, October 29, 1997, July 24, 1998, and June 8, 1999, in Docket No. 29734; (3) orders entered December 12, 1997, July 29, 1998, and June 8, 1999, in Docket No. 30789; and (4) orders entered on October 15, 1999, April 12, 2000, June 12, 2000, and September 6, 2000, in Docket No. 33999.
12/07/2000Order/IncomingFiled District Court Order. Certified copy of Notice of Appointment of Counsel filed in district court on December 4, 2000. 00-21437
12/11/2000Letter/IncomingFiled Letter. from attorney Gary E. Gowen. Regarding notice of appearance and request for stricken opening brief. 00-21639
01/29/2001MotionFiled Motion to Extend Time. Appellant's First Motion for an Order Enlarging the Time to File His Opening Brief. 01-01920
01/31/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's opening brief and appendix shall be served and filed on or before March 9, 2001. 01-02030
04/17/2001Order/ProceduralFiled Order. To date, appellant has failed to comply with our order entered on January 31, 2001. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Failure to comply timely with this order may result in the imposition of sanctions against appellant's counsel. Respondent, shall, within 30 days of service of the opening brief, file and serve the answering brief. Appellant may file a reply brief, if deemed necessary, within 30 days of service of the answering brief. 01-06596
05/03/2001MotionFiled Motion. Appellant's Motion to File a Fast Track Statement having Sixteen Pages or if Rule 28 Briefing is Required, Leave to Reformat the Fast Track Statement. 01-07448
05/16/2001Order/ProceduralFiled Order. On April 17, 2001, this court ordered appellant's counsel Gary Gowen to file the opening brief. On May 3, 2001, Gowen filed a motion for leave to file a fast track statement in excess of 10 pages. Mr. Gowen states that he believes that this appeal is subject to the provisions of Nevada Rule of Appellate Procedure #C. Because the information in this case was filed in the district court prior to September 1, 1996, this appeal is not automatically subject to the provisions of NRAP 3C. This court elects to exercise its discretion and apply NRAP 3C to this appeal. The motion for leave to file a fast track statement in excess of 10 pages is granted. The clerk shall file the fast track statement and appendix provisionally submitted on May 3, 2001. fn2[Although this court has elected to file the appendix submitted, it is noted that it does not comply with the arrangement and form requirements of the Nevada Rules of Appellate Procedure. Failure to comply with the requirements for appendices in the future may result in the appendix being returned, unfiled, to be correctly prepared and may also result in the imposition of sanctions by this court.] The State shall have 20 days form the date of this order to file and serve the fast track response. 01-08092
05/16/2001Fast Track BriefFiled Fast Track Statement. 01-07449
05/16/2001AppendixFiled Appendix to Fast Track Statement. 01-07450
05/21/2001Fast Track BriefFiled Fast Track Response. 01-08473
05/21/2001AppendixFiled Appendix to Fast Track Response. 01-08474
06/13/2001Order/DispositionalFiled Order of Affirmance. 'ORDER the judgment of conviction AFFIRMED.' SNP01A-CY/ML/NB 01-09856
07/11/2001RemittiturIssued Remittitur. 01-10389
07/11/2001Case Status Update Remittitur Issued/Case Closed.
07/26/2001RemittiturFiled Remittitur. Received by County Clerk on July 18, 2001. 01-10389
02/27/2003Order/CounselFiled Order/Sanctions. Order Directing Attorney Alan R. Harter to Pay Sanctions or Appear and Show Cause Why He Should Not Be Held in Contempt of Court. In each of these three appeals, this court sanctioned attorney Alan R. Harter for failure to comply with this court's orders and rules of appellate procedure. Despite the fact that the sanctions are long overdue, Harter has failed to pay the sanctions, and he has not otherwise communicated with this court regarding the sanctions. In sum, Harter's conduct in these matters has been entirely unacceptable. Harter shall have 30 days from the date of this order within which to provide the clerk of this court with proof of payment of the overdue sanctions to the Supreme Court Law Library, in the total amount of $750.00, plus an additional sanction to the Supreme Court Law Library of $1,000.00, or personally appear before this court and show cause why he should not be held in contempt of this court, and subjected to an appropriate punishment including, but not limited to, the possibility of confinement, immediate suspension from the practice of law, or an order of this court prohibiting Harter from accepting any clients involved in criminal proceedings or the appointment by the court as counsel for any indigent for criminal defendants and also prohibiting him from appearing as counsel of record in this court. Docket Nos. 29734/29849/39697 not consolidated. 03-03226
03/13/2003Notice/IncomingFiled Proof of Payment of Sanction. Payment of Sanctions from Alan R. Harter in the amount of $1750.00 - check no. 3520. Nos. 39734/39849/39697 - not consolidated.