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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 34870
Short Caption:DENNIS (LONNIE) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C144578Classification: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:07/08/2002How Submitted:On Briefs

+ Party Information

Docket Entries
09/23/1999Filing Fee Filing Fee Waived.
09/23/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for Appellant). 99-09049
09/28/1999Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
11/03/1999Docketing StatementReceived Docketing Statement. 99-10732
11/03/1999Other Returned Unfiled Document. Letter and docketing statement returned with letter from Steve Jump.
12/03/1999Transcript RequestFiled Certificate of No Transcript Request. 99-12080
12/03/1999MotionFiled Motion to Extend Time. Motion for Enlargement of Time (case appeal statement and docketing statement). 99-12081
12/03/1999Docketing StatementReceived Docketing Statement. 99-12083
02/23/2000Order/ProceduralFiled Order. We deny appellant's motion for an extension of time. Nonetheless, in the interest of judicial economy and out of fairness to appellant, we direct the clerk to file the docketing statement and case appeal statement provisionally received on December 3, 1999. Appellant shall, within 30 days of the date of this order, file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We caution attorney Smith that failure to abide by our rules or notices may result in the imposition of monetary sanctions. We do not expect further requests for extensions of time. 00-02854
02/23/2000Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: December 2, 1999. 99-12082
02/23/2000Docketing StatementFiled Docketing Statement. 99-12083
04/18/2000Order/ProceduralFiled Order/Show Cause. Response due from appellant: 10 days from the date of this order to file and serve the opening brief and appendix or to show cause why sanctions should not be imposed against appellant's counsel. 00-06140
05/02/2000Letter/IncomingFiled Letter. from attorney Ulrich Smith in response to order to show cause. 00-07133
05/04/2000Notice/OutgoingIssued Letter. to attorney Ullrich Smith. No action will be taken on his letter requesting an extension of time. 00-07268
05/15/2000Other Other. Returned unfiled Appellant's Opening Brief and Appendix (Vols. 1 through 4) with notice to resubmit documents with a motion to file late.
06/13/2000MotionFiled Motion for Excess Pages. Motion for Leave to File 35 Page Answering Brief. 00-10008
06/27/2000Order/ProceduralFiled Order. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix or to file a motion requeting an extension of time to do so. Failure to comply with this order may result in the imposition of sanctions against appellant's counsel. On June 13, 2000, respondent filed a motion for leave to file a thirty-five page answering brief. We grant respondent's motion. The clerk shall forthwith file respondent's answering brief provisionally submitted on June 13, 2000. Appellant shall have 30 days from the date of this order to file and serve a reply brief, if any. 00-10998
06/27/2000BriefFiled Answering Brief. 00-10009
10/04/2000Order/CounselFiled Order/Sanctions. To date, appellant has not filed the opening brief and appendix or otherwise communicated with this court. fn1[On June 27, 2000, respondent filed an answering brief to the deficient opening brief that was returned on May 15, 2000.] We conclude that the imposition of sanctions against appellant's counsel is warranted. Attorney Ulrich W. Smith shall personally pay the sum of $250 to the Supreme Court Law Library and shall, within 15 days from the date of this order, file with the clerk of this court an affidavit or certificate verifying that such payment has been made and within the same time period, file and serve appellant's opening brief and appendix. Failure to comply with this order in a timely manner may result in the imposition of additional sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. 00-17572
08/14/2001Order/ProceduralFiled Order. Order of Referral to State Bar of Nevada. To date, attorney Smith has failed to comply with our orders or otherwise communicate with this court. Accordingly, we refer these matters to the State Bar of Nevada for investigation and, if appropriate, disciplinary proceedings regarding attorney Smith's conduct and failure to prosecute these appeals in an appropriate manner. fn1[The clerk of this court shall provide bar counsel with copies of this court's orders entered in this appeal on February 23, 2000, April 18, 2000, June 27, 2000, and October 4, 2000.]Bar counsel shall, within 90 days of the date of this order, inform this court of the status of the investigation and any disciplinary proceedings in this matter. On April 16, 2001, this court received a proper person letter requesting that this court "grant dismissal of [attorney] Smith, and appoint an appellate attorney in my case." We elect to treat this request as a motion for the substitution of counsel. fn2[Appellant has not been granted leave to file papers in proper person. NRAP 46(b). Nevertheless, because we have elected to consider and resolve appellant's request on the merits, we direct the clerk of this court to file the letter received on April 16, 2001.] We grant appellant's motion and remove attorney Ulrich W. Smith as counsel of record for appellant. We remand this appeal to the district court for the limited purpose of securing 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 in the district court, 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 appellant's counsel. Within 10 days from the appointment or appearance of counsel in the district court, counsel shall have 10 days within which to file a notice of appearance with the clerk of this court. New counsel shall have 60 days from the filing a notice of appearance in this court to file and serve the opening brief and appendix. 01-13778
08/14/2001MotionFiled Proper Person Motion. Motion for Appointment of New Counsel. 01-06489
08/14/2001Notice/OutgoingIssued Letter. to Rob Bare, Bar Counsel. Pursuant to the Order of Referral to State Bar of Nevada filed August 14, 2001, enclosed are copies of this court's orders entered in this appeal on February 23, 2000, April 18, 2000, June 27, 2000, and October 4, 2000.
09/12/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Joseph S. Sciscento. 01-15418
09/12/2001Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on September 6, 2001 enclosing a copy of minute order. Joseph Sciscento appointed as counsel for appellant. 01-15454
11/08/2001Notice/IncomingFiled Status Report. Report from State Bar of Nevada re attorney Ulrich Smith. NOTE: This original document was placed in attorney Ulrich Smith's bar file. No copy was placed in correspondence file for this case.
11/13/2001MotionFiled Motion to Extend Time. 01-18934
11/16/2001Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's opening brief and appendix shall be served and filed on or before December 24, 2001. 01-19208
12/28/2001BriefFiled Opening Brief. Mailed on: 12/24/01. 01-21823
01/14/2002MotionFiled Motion to Extend Time. Appellant's Application for Extension of Time to File Appendix. 02-00931
01/17/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed January 14, 2002. The clerk shall file the appendix received on January 14, 2002. Respondent shall have 30 days from the date of this order to file and serve the answering brief. 02-01155
01/17/2002AppendixFiled Appendix to Opening Brief. Volumes 1 through 4. 02-00932
01/31/2002MotionFiled Motion and Order/Excess Pages. Granted: 38 pages. 02-02055
01/31/2002BriefFiled Answering Brief. Mailed on: No postmark. Signed by James Tufteland, Chief Deputy D.A. 02-02056
03/08/2002BriefFiled Reply Brief. Mailed on: 03/05/02. Signed by: Joseph S. Sciscento. 02-04228
05/06/2002Order/ProceduralFiled Order. On December 26, 2001, appellant submitted a proper person document entitled "Judicial Notice." Claims of ineffective assistance of counsel cannont be raised on direct appeal, but rather are more appropriately raised in a post-conviction proceeding in the district court. Accordingly, no action will be taken with regard to the proper person document. Appellant shall proceed through counsel in this appeal, and should direct any questions or concerns regarding this appeal to counsel. 02-07863
07/08/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 02-11537
07/08/2002Case Status Update Submitted for Decision.
08/21/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/DA/ML 02-14250
09/17/2002RemittiturIssued Remittitur. 02-14815
09/17/2002Case Status Update Remittitur Issued/Case Closed.
09/27/2002RemittiturFiled Remittitur. Received by County Clerk on September 19, 2002. 02-14815
05/29/2003Notice/IncomingFiled Proof of Payment of Sanction. Ulrich W. Smith - cashier's check no. 001035144 in the amount of $250.00. 03-09000