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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 40058
Short Caption:SMITH (DONALD) VS. STATECourt:Supreme Court
Related Case(s): 38374
Lower Court Case(s):Clark Co. - Eighth Judicial District - C171797Classification:Criminal Appeal - Fast Track - Other
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:

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Docket Entries
08/13/2002Filing Fee Filing Fee Waived.
08/13/2002Notice 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.) 02-13841
08/30/2002TranscriptFiled Transcript. Proceedings: July 10, 2002. Court Reporter: Kristine Cornelius. 02-15072
10/10/2002Order/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. 02-17579
10/14/2002MotionFiled Motion and Order/Excess Pages. Granted: 13 pages. 02-17738
10/14/2002Fast Track BriefFiled Fast Track Statement. 02-17739
10/14/2002AppendixFiled Appendix to Fast Track Statement. 02-17740
10/18/2002MotionFiled Response to Order to Show Cause. Response to Court's Order to Show Cause why Appellant's Fast Track Statement was Untimely Filed. 02-18159
10/21/2002MotionFiled Motion. Motion for Leave to File an Addendum to Appellant's Appendix. 02-18233
11/05/2002Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Response due: November 12, 2002. 02-19041
11/12/2002Fast Track BriefFiled Fast Track Response. 02-19403
11/13/2002Order/ProceduralFiled Order Granting Motion. filed October 21, 2002. The clerk of this court shall file, forthwith, the addendum provisionally submitted on October 21, 2002. 02-19462
11/13/2002AppendixFiled Appendix. Appellant's First Addendum to Fast Track Appendix. 02-18234
12/10/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn5[In light of the district court's finding that Smith was aware he would receive a mandatory consecutive sentence, we reject Smith's contention that Radosta was ineffective for failing to advise him of consecutive sentencing.] NNP03Y-CY/RR/DA 02-21056
01/07/2003RemittiturIssued Remittitur. 03-00013
01/07/2003Case Status Update Remittitur Issued/Case Closed.
01/24/2003RemittiturFiled Remittitur. Received by County Clerk on January 9, 2003. 03-00013
01/16/2004MotionFiled Motion to Extend Time. 04-01028
01/23/2004Order/ProceduralFiled Order. This appeal is subject to the criminal fast track provisions of Nevada Rule of Appellate Procedure #C. On December 10,2002, this court entered an order of affirmance in this appeal, and the remittitur issued on January 7, 2003. On January 16, 2004, appellant's counsel Gary E. Gowen filed a motion for an extension of time in which to file the reply brief. This court notes that NRAP 3C contains no provision for the filing of a reply brief. Also, as previously noted, this appeal was closed more than a year ago. Accordingly, the motion is denied. 04-01447