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United States Court Cases

Nevada Supreme/Appellate Court Record

CUNNINGHAM (JOE) VS. STATE

Case Information: 42317
Short Caption:CUNNINGHAM (JOE) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C135577Classification: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:02/23/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/07/2003Filing Fee Filing Fee Waived.
11/07/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 03-18709
11/07/2003Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: June 25, 2003, July 9, 2003, August 20, 2003 and September 3, 2003. Court Reporter: Sonia L. Riley-Bennett. Filed in district court on: October 9, 2003. 03-18710
11/07/2003TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: June 25, 2003, July 9, 2003, August 20, 2003 and September 3, 2003. Court Reporter: Sonia L. Riley-Bennett. 03-18711
11/18/2003Order/ProceduralFiled Order/Show Cause. Response due from counsel for appellant: 20 days from the date of this order. fn2[All deadlines for the filing of documents pursuant to NRAP 3C are hereby suspended pending further order of this court.] 03-19178
12/09/2003MotionFiled Response to Order to Show Cause. 03-20472
01/23/2004Order/ProceduralFiled Order/Briefing Reinstated. On December 9, 2003, counsel filed a response to this court's order. It appears that the motion filed below was substantively a motion to modify appellant's sentence. We therefore conclude that briefing may proceed in this appeal. Counsel for appellant is hereby ordered to comply with NRAP 3C and file a fast track statement (and appendix) within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 04-01403
03/02/2004MotionFiled Motion to Extend Time. 04-03907
03/23/2004Order/ProceduralFiled Order Denying Motion. On March 2, 2004, counsel for appellant filed a motion for and extension of time (60 days) to file the fast track statement. This court concludes that Erickson has failed to demonstrate extreme need or merit, and the motion for an extension is therefore denied. Counsel for appellant shall have 20 days from the date of this order to file and serve the fast track statement and appendix. 04-05483
04/14/2004Other Returned Unfiled Document. and Appendix.
04/19/2004Fast Track BriefFiled Fast Track Statement. 04-07184
04/19/2004AppendixFiled Appendix to Fast Track Statement. 04-07185
04/26/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/25/97, 5/1/97, 6/27/97, 7/8/97. Court Reporter: Shirlee Prawalsky. 04-07673
05/11/2004Fast Track BriefFiled Fast Track Response. 04-08732
05/11/2004AppendixFiled Appendix to Fast Track Response. 04-08733
08/13/2004Order/ProceduralFiled Order/Full Briefing. This court has concluded that full briefing of this appeal is warranted. fn1[If a party's brief will cite to documents not previously filed in this court, that party must file and serve an appropriately documented supplemental appendix with the brief.] Appellant shall have 30 days from the date of this order to file and serve the opening brief. fn2[In the absence of an objection to the sufficiency of the rough draft transcripts or cite to transcripts not previously prepared, counsel shall file and serve a request for the necessary transcripts pursuant to NRAP 9(a). If the necessary transcripts have already been prepared and are on file in the district court, the parties may include such transcripts in the appendix without filing a transcript request form.] Thereafter, briefing shall proceed as set forth in NRAP 31. To date, this court has not received a copy of the transcripts requested by respondent. Court reporter Shirlee Prawalsky shall deliver a copy of the rough draft transcripts of the Proceedings of March 25, 1997, May 1, 1997, June 27, 1997, and July 8, 1997, within 10 days form the date of this order or show cause why she should not be sanctioned. 04-14667
09/14/2004MotionFiled Stipulation and Order. Brief due: October 13, 2004. 04-16800
10/20/2004MotionFiled Motion to Extend Time. 04-19361
11/02/2004Order/ProceduralFiled Order Granting Motion. filed October 20, 2004. Appellant shall have 5 days from the date of this order, to file and serve the opening brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 04-20126
11/10/2004BriefFiled Opening Brief. 04-20692
11/10/2004AppendixFiled Appendix. Appellant's Supplemental Appendix. 04-20694
11/22/2004Other Other. Index to Supplemental Appendix to Appellant's Opening Brief. 04-21408
12/10/2004BriefFiled Answering Brief. 04-22579
12/10/2004AppendixFiled Appendix to Answering Brief. 04-22580
01/06/2005MotionFiled Stipulation and Order. Brief due: February 7, 2005. 05-00297
02/14/2005MotionFiled Motion to Extend Time. 05-02861
02/17/2005Order/Clerk'sFiled Clerk's Order Granting Motion. filed February 14, 2005. The clerk shall file the rely brief received on February 14, 2005. 05-03205
02/17/2005BriefFiled Reply Brief. 05-02862
02/23/2005Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. 05-03652
02/23/2005Case Status Update Submitted for Decision.
04/20/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP05-RR/MG/JH 05-07619
05/17/2005RemittiturIssued Remittitur. 05-07776
05/17/2005Case Status Update Remittitur Issued/Case Closed.
06/01/2005RemittiturFiled Remittitur. Received by County Clerk on May 19, 2005. 05-07776