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United States Court Cases

Nevada Supreme/Appellate Court Record

HAWKINS (JOHN) VS. STATE

Case Information: 25427
Short Caption:HAWKINS (JOHN) VS. STATECourt:Supreme Court
Related Case(s): 38013 , 44266
Lower Court Case(s):Clark Co. - Eighth Judicial District - C105506Classification: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:12/21/1999How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/22/1994Record on Appeal DocumentsFiled Record on Appeal. Vols. 1 through 14 (copies). (Docketing Statement mailed to counsel for appellant.)
12/15/1994Other Incoming DocumentReceived Proper Person Document. Motion to Dismiss Appointed Counsel and to Impose Sanctions on said Counsel/Motion for the Appointment of New Counsel. (Received the original and one copy-copy returned to appellant Hawkins.)
12/22/1994Order/ProceduralFiled Case Processing Order. We deny appellant's proper motion (received December 15, 1994). fn(although this court has not granted appellant leave to file papers in proper person, we have received and considered appellant's motion.) Instead, we order attorney Green to file both the docketing statement and opening brief within 10 days from the date of this order, or otherwise show casue why this court should not remove him as counsel and remand this matter to the distrist court for the appointment of new counsel. We caution attorney Green that failure to respond to this order in a timely manner may result in the imposition of sanctions against him personally.
03/16/1995MotionFiled Motion. For Supplemental Extension of time, up to and including March 31, 1995, within which to file Appellant's Opening Brief [NRAP 31A].
05/04/1995Other Incoming DocumentReceived Proper Person Document. Motion for Order to Show Cause. (Received the original and two copies-one copy returned).
08/30/1995Other Incoming DocumentReceived Proper Person Document. Appellant's Motion to Renew his Motion to Dismiss counsel of Record and request for Sanctions against Counsel. (Received the original and four copies-two copies returned to appellant Hawkins).
01/16/1996Other Other. Mailed letter to appellant John Matthew Hawkins. "This court does not become involved in conflicts between client and attorney. Therefore, no action will be taken on your request.
04/24/1998MotionFiled Motion. To Compel Appellant's Counsel to File Appellant's Opening Brief and Motion for Expedited Review.
05/08/1998MotionFiled Response to Motion. Filed Former Counsel's Response to State's Motion to Compel Filing of Appellant's Opening Brief.
08/05/1998Order/ProceduralFiled Case Processing Order. To date, no opening brief has been submitted. On April 24, 1998, respondent filed a motion to compel appellant's counsel to file the opening brief and a motion for expedited review. On May 8, 1998, attorney Green filed a response. In the response, attorney informs us that his co-counsel in the trial below was appointed in 1995 to represent appellant in this appeal. The clerk shall forthwith note on the docket that attorney Wolfbrandt is appellant's counsel of record. The conduct of attorneys Green and Wolfbrandt have failed to meet our expectations. We decline to impose sanctions at this time in the interest ot expediting this appeal. We grant respondent's request. Appellant shall have 20 days from the date of this order to file and serve the opening brief. Respondent shall have 30 days after service of the opening brief to file and serve the answering brief. Appellant shall have 20 days after service of the answering brief to file and serve the reply brief. We do not expect any request for extensions of time. We caution attorney Wolfbrandt that his failure to file the opening brief within twenty days may result in the imposition of sanctions. We further direct attorney Green to provide whatever assistance is necessary to ensure that attorney Wolfbrandt timely files the opening brief in this matter and that his failure to do so may also result in the imposition of sanctions.
08/26/1998MotionFiled Motion. For Extension of Time to File Appellant's Opening Brief.
10/07/1998Order/ProceduralFiled Case Processing Order. On August 26, 1998, attorney Wolfbrandt filed a motion for an extension of time to file the opening brief. We deny attorney Wolfbrandt's motion because we are unable to decipher the duration and exact nature of the extension he seeks. Attorney Wolfbrandt shall file and serve an opening brief within 15 days from the date of this order. Another extension request based upon anything other than extreme and unforeseeable circumstances may result in the imposition of sanctions. Attorney Green shall have 15 days from the date of this order to show cause why he should not be monetarily sanctioned and referred to the State Bar of Nevada for his failure to comply with our August 5, 1998, order to cooperate with attorney Wolfbrandt in the preparation of the opening brief.
10/12/1998MotionFiled Motion. To Compel Counsel to Immediately File the Opening Brief.
11/03/1998BriefReceived Brief. Appellant's Opening Brief. (Mailed on: Fed Ex 11/02/98.)
11/30/1998MotionFiled Motion. To Enlarge Time.
12/21/1998Order/ProceduralFiled Case Processing Order. We received the opening brief on November 3, 1998. Appellant did not submit a motion for an extension of time to file a late opening brief. In the interest of judicial economy, we direct the clerk of this court to file the opening brief received on November 3, 1998, forthwith. Attorney Wolfbrandt shall, within 10 days from the date of this order, show cause why he should not be sanctioned for submitting the opening brief late. Failure to timely comply with this order may result in the imposition of sanctions. We deny as moot respondent's motion to compel appellant's counsel to immediately file the opening brief. We grant respondent's motion for an extension of time, to and including January 6, 1999, to file the answering biref. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We conclude that the imposition of sanctions against attorney Donald J. Green is warranted for his failure to respond to our October 7, 1998, order. Green shall, within 15 days from the date of this order, personally pay the sum of $500 to the Clark County Law Library and file proof of such payment with this court. Failure to timely comply with this order may result in the imposition of additional sanctions. (Order mailed to attorney Green by regular and certified mail).
12/21/1998BriefFiled Brief. Appellant's Opening Brief.
01/07/1999BriefFiled Brief. Respondent's Answering Brief. (Mailed on: Express-No postmark).
01/11/1999Other Other. Filed District Court counsel's Response to Order re: Payment of $500 Sanction.
12/21/1999Order/ProceduralFiled Case Processing Order. 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.
12/21/1999Other Other. Case submitted on the briefs to the Southern Nevada Panel this day. SNP99-B-WM/MS/NB.
12/21/1999Case Status Update Submitted for Decision.
03/02/2000Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal dismissed." SMP99B-WM/MS/NB. (01-00418)
03/28/2000RemittiturIssued Remittitur.
04/18/2000RemittiturFiled Remittitur. Entering Receipt for Remittitur. Received by County Clerk on April 3, 2000.