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United States Court Cases

Nevada Supreme/Appellate Court Record

GUTIERREZ-PICENO (JOE) VS. STATE

Case Information: 29860
Short Caption:GUTIERREZ-PICENO (JOE) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C138352Classification: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:02/07/2000How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/16/1997Filing Fee Filing Fee Waived. Criminal.
01/16/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.)
01/29/1997Notice/OutgoingIssued Notice. To File Case Appeal Statement. Due Date: 10 days.
02/05/1997Notice/OutgoingIssued Notice. To Transmit Required Document to Clark County Clerk. (Judgment appealed from.)
02/18/1997Other Other. Received a certified copy of Case Appeal Statement. Filed February 6, 1997.
04/29/1997Notice/OutgoingIssued Notice. Procedural Deficiency: copy of judgment or order appealed from; relevant portions of Rough Draft Transcript, or a verification that none is necessary; Fast Track Statement. Submit the missing documents within 10 days of the date of this notice.
05/27/1997MotionFiled Motion. For Extension of Time to File Required Document.
06/03/1997Order/ProceduralFiled Case Processing Order. No later than 15 days after the date this order is filed, counsel shall file with this court a copy of the judgment appealed from, the rough draft transcripts, or a statement that none are necessary for this appeal, and a fast track statement.
07/28/1997Order/ProceduralFiled Case Processing Order. Appellant shall have 15 days from the date of this order within which to show cause why this appeal should not be dismissed.
08/11/1997MotionFiled Motion. Appellants' Application and Motion for Extension of Time to Show Cause.
08/14/1997Other Other. Filed Certificate of Mailing Appellants' Application and Motion for Extension of Time to File Order to Show Cause.
08/18/1997Order/ProceduralFiled Case Processing Order. Within 10 days of this order, counsel shall comply with this court's July 28, 1997 order to show cause. Counsel's failure to diligently prosecute this appeal as provided for in NRAP 3C is unacceptable. Counsel shall, within 10 days of the date of this order, show cause why this court should not sanction him.
08/29/1997Other Other. Filed Appellants' Response to Order to Show Cause.
08/29/1997MotionFiled Motion. To file Amended Notice of Appeal.
09/26/1997Docketing StatementReceived Docketing Statement.
09/26/1997Other Other. Received Request for Estimation of Cost of Transcript of Proceedings. Court Reporter: Robert Mintun. (No action necessary.)
09/26/1997Other Other. Received Notice of Filing of Judgment of Conviction. (No action necessary.)
10/14/1997Order/ProceduralFiled Case Processing Order. A ruling on appellant's motion for leave to file an amended notice of appeal is deferred until review of the docketing statement received on September 26, 1997, and the other documents filed and received in this matter. Briefing is suspended until a decision is reached regarding the amended notice of appeal. We conclude that Mr. Phillips' failure to comply with NRAP 3C and this court's orders and proceed in a timely fashion in this case warrants sanctions against him in the sum of two-hundred and fifty dollars, pursuant to NRAP 3C(n). Mr. Phillips shall personally pay the sum of two-hundred and fifty dollars to the Supreme Court Law Library. He shall file proof of such payment with the clerk of this court within ten days from the date of this order.
11/07/1997Other Other. Received a copy of the Receipt from the Nevada Supreme Court Library: Paid check #8129 in the amount of $250.00 from attorney David Lee Phillips.
11/24/1997Other Other. Filed Notice of Filing of Payment: $250.00 to the Nevada Supreme Court Law Library.
02/10/1998MotionFiled Motion. To Withdraw Counsel.
07/01/1998Order/ProceduralFiled Case Processing Order. We grant appellant's motion to withdraw as counsel. We remand this matter to the district court for the limited purpose of securing new appellate counsel. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment of 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 of remand on appellants' counsel. Thereafter, counsel shall have 10 days within which to enter an appearance with the clerk of this court. Fn2[In light of this conclusion, we deny as moot appellant's motion to file an amended notice of appeal. Additionally, we direct the clerk of this court to file the docketing statement submitted by appellant's counsel on September 26, 1997.] fn3[New counsel shall comply in all respects with the provisions of NRAP 9.]
07/01/1998Docketing StatementFiled Docketing Statement.
09/24/1998Other Other. Received certified copy of Criminal Court Minutes from Clark County Clerk. (District court case nos. C134909 and C138352).
11/10/1998Order/ProceduralFiled Case Processing Order. Re: Designation of Counsel. We again direct the district court to secure counsel for appellant. If appellant is indigent, the district court shall have 30 days to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of counsel, the district court clerk shall: (1) transmit to this court a copy of the district court's written or minute order; and (2) serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to enter an appearance with the clerk of this court. fn1[All filing deadlines shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court.]
11/23/1998Other Other. Filed Notice of Appointment of Counsel filed in district court on November 9, 1998. Carmine Colucci appointed as counsel for appellant.
11/30/1998Other Other. Filed Notice of Appearance. Carmine J. Colucci on behalf of appellant.
12/15/1998Transcript RequestFiled Request for Transcript of Proceedings. Court Reporter: Arlene Blazi.
12/15/1998Transcript RequestFiled Request for Transcript of Proceedings. Court Reporter: Janice Liston.
12/21/1998TranscriptFiled Transcript. Certified copy of Transcript of Proceedings. Calendar Call-6/20/96, 10/10/96; Entry of Plea-10/14/96; Sentencing-12/10/96. Court Reporter: Janice R. Liston.
03/29/1999MotionFiled Stipulation and Order. Appellant shall have to and including April 28, 1999, to file the Opening Brief.
05/12/1999BriefFiled Brief. Appellant's Opening Brief. (Mailed on: 4/28/99).
05/12/1999AppendixFiled Appendix. Appellant's Appendix.
06/02/1999BriefFiled Brief. Respondent's Answering Brief. (Mailed on: Express-No postmark).
07/06/1999MotionFiled Stipulation and Order. Appellant may have to and including August 4, 1999, within which to file the reply brief. (Fed-Ex 7/2/99)
07/16/1999MotionFiled Stipulation. To Extend Time to File Reply Brief. "DOCUMENT MISSING"
07/16/1999Order/ProceduralFiled Case Processing Order. Appellant shall, by August 13, 1999, file and serve the Reply Brief.
07/21/1999Order/ProceduralFiled Case Processing Order. We vacate our July 16, 1999, order in Docket No. 29860. Appellant shall have to and including August 4, 1999, to file the reply brief. Appellant shall have to and including August 13, 1999, to file the reply brief in Docket No. 32707. We do not expect further requests for extension of time in either matter. Nos. 29860, 32707.
08/18/1999BriefFiled Brief. Appellant's Reply Brief. (Mailed on: 8/4/99).
02/07/2000Order/ProceduralFiled Case Processing Order. Oral argument will not be scheduled and this appeal shall stand submitted as of the date of this order, on the record and briefs file herein.
02/07/2000Other Other. Case submitted on the record and briefs this day.
02/07/2000Case Status Update Submitted for Decision.
08/18/2000Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal dismissed." NNP99B-CY/DA/ML 00-14511
09/13/2000RemittiturIssued Remittitur. 00-14699
09/13/2000Case Status Update Remittitur Issued/Case Closed.
10/25/2000RemittiturFiled Remittitur. Received by County Clerk on October 4, 2000. 00-14699