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United States Court Cases

Nevada Supreme/Appellate Court Record

VALENZUELA VS. STATE

Case Information: 26666
Short Caption:VALENZUELA VS. STATECourt:Supreme Court
Related Case(s): 47617
Lower Court Case(s):Churchill Co. - Tenth Judicial District - 21901Classification:Criminal Appeal - Other - Other
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
02/09/1995Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 5. (Docketing Statement mailed to counsel for Appellant.)
02/09/1995ExhibitReceived Exhibit (original). Exhibits: State's Exhibits 3, 12 through 42, and Defendant's Exhibits A.
02/24/1995Docketing StatementFiled Docketing Statement.
03/21/1995MotionFiled Motion and Order Extending Time. Brief due: Appellant may have to and including April 24, 1995, to file the opening brief.
04/21/1995MotionFiled Stipulation.
04/28/1995Order/ProceduralFiled Order Extending Time. Appellant shall have to and including May 24, 1995, to serve and file the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
05/24/1995MotionFiled Motion to Extend Time. Appellant's Opening Brief. NRAP 26(b), 27(b), 31(a).
06/08/1995Order/ProceduralFiled Order. Appellant shall have 10 days from the date of this order to file the opening brief. We do not expect further requests for extensions of time.
03/23/1998Order/ProceduralFiled Order/Show Cause. Appellant's counsel, Paul Drakulich, shall have 10 days from the date of this order to show cause why he should not be removed as Appellant's counsel and sanctioned for his over two and one half year delay in filing the opening brief.
09/11/1998Notice/IncomingFiled Notice of Appearance. James F. Sloan, Esq. has been appointed by the Honorable Archie E. Blake, on March 17, 1998, to represent Appellant Samuel Valenzuela, III.
09/11/1998MotionFiled Motion. Appellant's Motion for Clarification of Briefing Schedule.
10/07/1998Order/ProceduralFiled Case Processing Order. We direct the clerk of this court to remove the name of Paul Drakulich as Appellant's counsel of record on this court's docket. Attorney Drakulich shall, within 10 days of the date of this order, show cause why he should not be sanctioned for his extreme delay in filing the Opening Brief in this matter. We grant attorney Sloan's motion for clarification of the briefing schedule. Appellant shall, within 30 days of the date of this order, file and serve the Opening Brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
11/05/1998MotionFiled Motion to Extend Time. Appellant's Opening Brief.
11/09/1998Order/ProceduralFiled Order Extending Time. We grant Appellant's motion for an extension of time, to and including November 30, 1998, to file and serve the Opening Brief and Appendix.
11/30/1998MotionFiled Motion to Extend Time. Appellant's Opening Brief.
02/16/1999Order/ProceduralFiled Order Extending Time. Appellant shall file and serve the Opening Brief within 20 days of the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).
03/09/1999BriefFiled Opening Brief. Appellant's Opening Brief. (Mailed on: 3/8/99.)
04/07/1999MotionFiled Motion and Order Extending Time. Respondent may have to and including May 10, 1999, within which to file the Answering Brief.
04/07/1999Order/CounselFiled Order/Sanctions. Cause Appearing, we conclude that the imposition of sanctions against attorney Drakulich is warranted. Attorney Drakulich shall personally pay the sum of $250 to the Supreme Court Library and file proof of such payment with this court within 15 days from the date of this order.
04/20/1999Other Other. Filed Affidavit of Paul Drakulich in support of payment to the Supreme Court Law Library.
05/05/1999MotionFiled Motion to Extend Time. Respondent's Answering Brief.
05/10/1999Order/ProceduralFiled Order Extending Time. Respondent shall have to and including June 9, 1999, to file and serve the Answering Brief. No further extensions of time shall be permitted in the absence of extreme and unforeseeable circumstances.
05/25/1999Notice of Appeal DocumentsReceived Documents from District Court Clerk. Copy of district court order denying appointment of new Appellate counsel.
06/10/1999MotionFiled Motion to Extend Time. Respondent's Answering Brief. NRAP 26(b), 27(b), 31(a). Mailed on 6/9/99.
06/11/1999Order/ProceduralFiled Order Extending Time. We grant Respondent's third motion for an extension of time to and including June 16, 1999, to file the Answering Brief. We do not expect further requests for extensions of time.
06/18/1999BriefFiled Answering Brief. Respondent's Answering Brief. (Mailed on: 6/17/99.)
07/02/1999MotionReceived Proper Person Motion. Motion for New Counsel - (Received the original only - mailed to Justice Young on June 2, 1999.) (Filed 9/8/99)
07/19/1999MotionFiled Motion and Order Extending Time. Appellant may have to and including August 3, 1999, to file the Appellant's Reply Brief.
08/04/1999BriefFiled Reply Brief. Appellant's Reply Brief. (Mailed on: 8/3/99)
08/09/1999MotionReceived Proper Person Motion. Motion to Terminate Attorney of Record. (Received original only.) (Filed 9/8/99)
08/09/1999MotionReceived Proper Person Motion. Motion to Withdrawal Pending Opening Brief. (Received original only.) (Filed 9/8/99)
08/09/1999MotionReceived Proper Person Motion. Motion for Appointment of Counsel. (Received original only.) (Filed 9/8/99)
09/08/1999Order/ProceduralFiled Case Processing Order. fn1[while Appellant has not been granted leave to file papers in proper person, we nonetheless direct the clerk to file the proper person submissions provisionally received on July 2, 1999, and August 9, 1999]. We deny Appellant's proper person motions. In addition, we refuse to intervene in any dispute between Appellant and his counsel.
09/08/1999MotionFiled Proper Person Motion. Motion for New Counsel (received 7/2/99).
09/08/1999MotionFiled Proper Person Motion. Motion to Terminate Attorney of Record (received 8/9/99).
09/08/1999MotionFiled Proper Person Motion. Motion to Withdrawal Pending Opening Brief (received 8/9/99).
09/08/1999MotionFiled Proper Person Motion. Motion for Appointment of counsel (received 8/9/99).
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 filed herein.
02/07/2000Case Status Update Submitted for Decision. Case submitted on the record and briefs this day.
09/20/2000Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal dismissed." SNP00A-MS/DA/ML 00-16628
10/04/2000Order/ProceduralFiled Order Denying Motion. On August 3, 2000, appellant submitted a proper person motion for leave to file proper person papers with this court and a motion requesting that this court "remove and substitute" appellant's appointed appellate counsel, James F. Sloan. Appellant has not been granted leave to file papers in proper person. Nonetheless, we direct the clerk of this court to file the documents provisionally submitted on August 3, 2000. No good cause having been shown, we deny appellant's motion to remove and substitute appellant's appointed counsel. We deny appellant's motion to "terminate" appellant's counsel and to file further documents in proper person. 00-17596
10/04/2000MotionFiled Proper Person Motion. Motion for Leave to file Propria Persona Pleadings and Papers. 00-13442
10/04/2000MotionFiled Proper Person Motion. NRAP 46(d) Motion for Removal and Substitution of Appellant Counsel or in Alternate Motion for Termination of Counsel with Instructions and Leave to File Proper Person Papers and Pursuant to NRAP 46(B) & (d). 00-13444
10/17/2000RemittiturIssued Remittitur. Returned Exhibits: State's Exhibits 3, 12 through 42, and Defendant's Exhibit A this day. 00-16693
10/17/2000Case Status Update Remittitur Issued/Case Closed.
10/25/2000RemittiturFiled Remittitur. Received by County Clerk on October 18, 2000. 00-16693