| Case Information: 40072 | |||
| Short Caption: | AGUILAR (ENCARNACION) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 45967 , 46809 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C178057 | Classification: | Criminal Appeal - Fast Track - Direct |
| 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 | ||||
| Date | Type | Description | Pending? | Document |
| 08/15/2002 | Filing Fee | Filing Fee Waived. | ||
| 08/15/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 02-13971 | |
| 10/11/2002 | Order/Procedural | Filed Order. To date, no fast track statement has been filed. Appellant's counsel Andres R. Rappard 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. | 02-17588 | |
| 11/21/2002 | Order/Counsel | Filed Order/Sanctions. Rappard has failed to respond to this court's order of October 11, 2002. We conclude that the imposition of a monetary sanction is appropriate. Rappard 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. Rappard shall file and serve the fast track statement and appendix within 10 days of this order or show cause why Rappard should not be sanctioned further. | 02-20079 | |
| 01/09/2003 | Order/Counsel | Filed Order/Remand for Designation of Counsel. Appellant was represented on appeal by Andres R. Rappard. On December 31, 2002, this court entered an order placing Rappard on inactive status due to a disability. Accordingly, Rappard is relieved of any further obligation with respect to this appeal. We remand this appeal to the district court for a determination of whether appellant is indigent. If appellant is indigent, the district court shall have 30 days to appoint counsel. Otherwise, the district court shall order that within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. District court clerk: 5 days to transmit district court order to this court and serve a copy of this order of remand on appellant's counsel. Counsel: 10 days to enter appearance with the clerk of this court. fn1[All filing deadlines shall run from the date on which counsel enters an appearance with this court.] | 03-00486 | |
| 01/29/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Robert M. Draskovich. | 03-01569 | |
| 02/12/2003 | Transcript | Filed Rough Draft Transcript of Proceedings. Proceedings: 5/15/02; 5/16/02; 7/8/02. Court Reporter: Dick Kangas. | 03-02469 | |
| 02/27/2003 | Fast Track Brief | Filed Fast Track Statement. | 03-03249 | |
| 03/06/2003 | Motion | Filed Motion to Strike. Motion to Strike Appellant's Fast Track Statement. | 03-03752 | |
| 04/10/2003 | Appendix | Received Appendix. Appellant's Appendix to Fast Track Statement. | 03-06084 | |
| 04/14/2003 | Motion | Filed Motion to Extend Time. Appellant's Motion for Leave to File Untimely Appendix to Fast Statement. | 03-06328 | |
| 06/10/2003 | Order/Procedural | Filed Order Denying Motion. to Strike and Granting Motion for Leave to file Appendix. The motion to file the untimely appendix is granted. The clerk of this court shall file the appendix previously submitted in this matter. The State's motion to strike the fast track statement is denied as moot. The State Shall have 20 days from the date of this order to file and serve the fast track response and any appendix the State may deem necessary. | 03-09647 | |
| 06/10/2003 | Appendix | Filed Appendix to Fast Track Statement. | 03-06084 | |
| 07/30/2003 | Order/Procedural | Filed Order. To date, no fast track response has been filed. Respondent shall file and serve the fast track response within 10 days of this order or show cause why counsel for respondent should not be sanctioned. | 03-12866 | |
| 08/11/2003 | Fast Track Brief | Filed Fast Track Response. | 03-13321 | |
| 08/11/2003 | Appendix | Filed Appendix to Fast Track Response. | 03-13322 | |
| 12/05/2003 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." NNP04S-NB/MS/MG | 03-20226 | |
| 12/30/2003 | Remittitur | Issued Remittitur. | 03-20544 | |
| 12/30/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/21/2004 | Remittitur | Filed Remittitur. Received by County Clerk on January 6, 2004. | 03-20544 | |
| 02/17/2004 | Order/Procedural | Filed Order. Vacating Sanctions. On December 31, 2002, this court entered an order in Docket No. 40624 that transferred Mr. Rappard to Disability Inactive Status. In light of the order, we vacate the sanctions imposed against Mr. Rappard on November 21, 2002. | 04-03015 | |