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United States Court Cases

Nevada Supreme/Appellate Court Record

SHADRICK (JOHN) VS. STATE

Case Information: 40073
Short Caption:SHADRICK (JOHN) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C157956Classification:Criminal Appeal - Fast Track - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/15/2002Filing Fee Filing Fee Waived.
08/15/2002Notice 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.) 02-13973
10/11/2002Order/ProceduralFiled Order. To date, no fast track statement has been filed. Appellant's counsel Gary E. Gowen shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 02-17587
11/18/2002MotionFiled Motion to Extend Time. 02-19773
11/25/2002Order/ProceduralFiled Order Granting Motion. filed November 18, 2002. Counsel for appellant shall file the fast track statement and appendix on or before December 2, 2002. 02-20230
01/28/2003Order/CounselFiled Order/Sanctions. Order Removing Counsel, Imposing Sanctions and Directing Appointment of New Counsel. To date, Gowen has still not filed the fast track statement, nor has he communicated further with this court. We conclude that Gowen's continued disregard of this court's orders and rules of appellate procedure require his removal as counsel of record in this appeal. Further, we conclude that the imposition of a monetary sanctions is appropriate. Gowen shall personally pay the sum of $500.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. 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 within which to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain appellate counsel and appellate counsel must enter an appearance in the district court. Within 5 days from appointment or appearance of appellate counsel, the district court 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 counsel. Thereafter, appellate counsel shall have 10 days to file a notice of appearance with this court. Within 10 days of the date of appointment, file a transcript request form or a certificate that no transcripts are required and shall file the fast track statement appendix within 60 days. This appeal shall proceed in accordance with the provisions of NRAP 3C. 03-01496
02/07/2003Other Other. Returned unfiled with letter, to attorney Gary Gowen, "Appellant's Second Motion to Enlarge Time to File Fast Track Statement"
02/12/2003Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on February 10, 2003 enclosing a copy of minute order. Chirstopher Oram appointed as counsel for appellant. 03-02470
02/24/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: Christopher Oram. 03-02994
03/03/2003Transcript RequestFiled Certificate of No Transcript Request. 03-03379
03/12/2003Notice/IncomingFiled Notice of Change of Address. Attorney Gary Gowen. 03-04147
03/18/2003Order/ProceduralFiled Order Denying Motion. Denying Request to Reinstate Counsel and to Vacate Sanctions. On January 28, 2003, this court entered an order removing Gowen as counsel of record, sanctioning him in the amount of $500, and remanding the appeal to the district court for the appointment of new counsel. fn1[Newly appointed counsel for appellant formally entered an appearance with this court on February 24, 2003.] On February 25, 2003, Gowen submitted a response to this court's order. We construe the response as a request to reconsider our order of January 28, 2003, and we deny the request. fn2[The clerk of this court shall file Gowen's response received in this court on February 25, 2003.] We decline to reconsider our order of January 28, 2003, and we deny Gowen's request to be reinstated as counsel of record and for withdrawal of the sanctions previously imposed. 03-04529
03/18/2003Notice/IncomingFiled Notice. Response to Order Removing Counsel. 03-03149
03/26/2003Other Other. Received returned certified mail addressed to Gary Gowen containing copy of order filed on 03/18/03. Remailed by certified mail to corrected address. Nos. 38268/38269/40073/40340/40341/40343.
04/07/2003MotionFiled Motion to Extend Time. 03-05753
05/08/2003MotionFiled Motion to Extend Time. 03-07834
05/28/2003Order/ProceduralFiled Order Granting Motion. filed April 7, 2003 and May 8, 2003. Attorney Oram shall have up to and including June 6, 2003, to file and serve the fast track statement and appendix. 03-08894
06/06/2003MotionFiled Motion to Extend Time. 03-09466
07/08/2003MotionFiled Motion to Extend Time. 03-11374
07/18/2003Order/ProceduralFiled Order Granting Motion. filed June 6, 2003 and July 8, 2003. Counsel shall have to and including August 29, 2003, to notify this court whether counsel has been successful or unsuccessful in communicating with appellant. This court will review counsel's response and determine whether this appeal should be dismissed as abandoned. 03-12162
09/02/2003MotionFiled Motion to Extend Time. 03-14671
09/04/2003Order/DispositionalFiled Order Dismissing Appeal. We conclude that appellant has abandoned this appeal and we "ORDER this appeal DISMISSED." fn1[In light of our dismissal of this appeal, appellant's motion for an extension of time in which to file the fast track statement is denied as moot.] NNP04S-NB/MS/MG 03-14820
09/30/2003RemittiturIssued Remittitur. 03-14886
09/30/2003Case Status Update Remittitur Issued/Case Closed.
10/09/2003RemittiturFiled Remittitur. Received by County Clerk on October 3, 2003. 03-14886