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United States Court Cases

Nevada Supreme/Appellate Court Record

SHANLEY (KEITH) VS. STATE

Case Information: 42253
Short Caption:SHANLEY (KEITH) VS. STATECourt:Supreme Court
Related Case(s): 37120
Lower Court Case(s):Clark Co. - Eighth Judicial District - C158760Classification:Criminal Appeal - Life - 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:10/25/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/28/2003Filing Fee Filing Fee Waived.
10/28/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 03-17994
11/13/2003Order/ProceduralFiled Order/Transmit Record. Record due: 120 days. See NRAP 11(a)(2) (the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.) fn1[The record shall not include any physical, non-documentary exhibits or the original documentary exhibits filed in the district court, but copies of documentary exhibits submitted in the district court proceedings shall be transmitted as part of the record on appeal. The record shall also include any presentence investigation reports submitted in this matter. The clerk of the district court shall transmit the reports to this court in a sealed envelope identifying the contents and marked confidential.] Nos. 42253/42261/42263 - cases are not consolidated. 12/22/03 ORDER: VACATED 11/13/03 ORDER TO TRANSMIT TO THE CLERK OF THIS COURT THE COMPLETE TRIAL RECORD. 03-18905
12/12/2003Notice/IncomingFiled Substitution of Attorneys. Herbert Sachs substituted as attorney for Keith J. Shanley in pro per. 03-20762
12/22/2003Order/ProceduralFiled Order. Vacating November 13, 2003, Order, and Setting Briefing Schedule. Attorney Herbert Sachs has filed a 'Substitution of Attorney' in which Mr. Sachs substitutes himself as counsel in place of the proper person appellant. We elect to treat the substitution as a notice of appearance. See SCR 46(1). As this is no longer a proper person appeal, we vacate the portion of our November 13, 2003, order, directing the clerk of the district court to transmit to the clerk of this court the complete trial record for appellant. See NRAP 11(a)(2). Appellant shall have 15 days from the date of this order to comply with NRAP 9(a) and shall have 120 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant). 03-21209
12/26/2003Notice/IncomingFiled Proof of Service. (Substitution). 03-21462
01/09/2004Transcript RequestFiled Certificate of No Transcript Request. 04-00580
02/02/2004MotionFiled Motion to Extend Time. 04-02100
02/04/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed on February 2, 2004. The clerk shall file the docketing statement received on January 23, 2004. 04-02199
02/04/2004Docketing StatementFiled Docketing Statement. 04-01412
06/15/2004Order/ProceduralFiled Order. to file Opening Brief and Appendix. On December 22, 2003, this court entered an order directing appellant to file and serve the opening brief and appendix by April 20, 2004. To date, appellant has failed to file these documents. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. 04-10961
06/30/2004MotionFiled Motion to Extend Time. 04-12013
07/01/2004Order/ProceduralFiled Order Granting Motion. filed June 30, 2004. Appellant shall have until July 7, 2004, to file and serve the opening brief and appendix. We note that the court disapproves of repeated requests for extensions of time to brief appeals in criminal cases. Consequently, 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. 04-12142
07/08/2004MotionFiled Motion to Extend Time. 04-12506
08/05/2004MotionFiled Motion to Strike. Motion to Strike Appellant's Opening Brief and Appendix. 04-14222
08/13/2004MotionFiled Response to Motion. Appellant's Response to Motion to Strike Appellant's Opening Brief and Appendix. 04-14687
08/30/2004Order/ProceduralFiled Order. Returning Appellant's Opening Brief and Appendix Unfiled. On July 8, 2004, appellant moved for an additional 3 days to file the opening brief. The opening brief and appendix were not submitted within the additional requested time. We deny appellant's motion for a 3-day extension of time as moot. On August 5, 2004, respondent filed a motion to strike appellant's opening brief and appendix. Appellant has filed a response. Alternatively, appellant requests leave of this court to file a supplemental appendix. Appellant's opening brief and appendix were not filed because they were untimely submitted. This court denies respondent's motion to strike. Respondent has correctly indicated that appellant's appendix is procedurally deficient. We direct the clerk of this court to return, unfiled, appellant's appendix received on July 19, 2004. fn1[Because appellant's appendix is being returned, unfiled, we deny appellant's request to submit a supplemental appendix as moot.] We also direct the clerk to return, unfiled, appellant's opening brief received on July 19, 2004. Appellant shall, within 15 days from the date of this order, file and serve an amended opening brief and appendix that conform with the Nevada Rules of Appellate Procedure. Respondent shall have 30 days from service of the amended opening brief and appendix to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 04-15682
08/30/2004Notice/OutgoingIssued Letter. to attorney Herbert Sachs. Returned unfiled, the original "Appellant's Opening Brief and Appendix to Appellant's Opening Brief received on July 19, 2004."
09/08/2004BriefFiled Opening Brief. Appellant's Amended Opening Brief. 04-16431
09/08/2004AppendixFiled Appendix to Opening Brief. Appendix to Amended Opening Brief. 04-16432
09/21/2004BriefFiled Answering Brief. 04-17449
09/21/2004AppendixFiled Appendix to Answering Brief. 04-17450
10/25/2004BriefFiled Reply Brief. 04-19628
10/25/2004Case Status Update Submitted for Decision.
06/15/2005Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP05-RR/MG/JH 05-11704
07/07/2005Post-Judgment PetitionFiled Petition for Rehearing. 05-13459
07/26/2005Post-Judgment OrderFiled Order/Rehearing Denied. "We deny appellant's petition for rehearng." NRAP 40(c). SNP05-RR/MG/JH 05-14786
08/23/2005RemittiturIssued Remittitur. 05-14952
08/23/2005Case Status Update Remittitur Issued/Case Closed.
09/08/2005RemittiturFiled Remittitur. Received by County Clerk on August 29, 2005. 05-14952