| Case Information: 46171 | |||
| Short Caption: | PENDERGRAFT (JOAN) VS. STATE | Court: | Supreme Court |
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CR040805 | Classification: | Criminal Appeal - Life - Direct |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 03/12/2007 | How Submitted: | On Briefs |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 10/26/2005 | Filing Fee | Filing Fee Waived. | ||
| 10/26/2005 | Notice of Appeal Documents | Filed 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.) | 05-21254 | |
| 10/26/2005 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | ||
| 01/25/2006 | Order/Procedural | Filed Order/Fast Track. Fast track statement and appendix due: 10 days or show cause why counsel for appellant should not be sanctioned. | 06-01808 | |
| 03/07/2006 | Order/Procedural | Filed Order/Fast Track. Fast track statement and appendix due: 10 days, or this court will order Archuleta to appear personally before a single justice of this court and show cause why he should not be held in contempt and sanctioned, including referral to the State Bar. | 06-04987 | |
| 03/31/2006 | Motion | Filed Motion to Extend Time. | 06-06871 | |
| 03/31/2006 | Motion | Filed Motion. Ex Parte Motion for Transcripts at Public Expense. | 06-06874 | |
| 04/17/2006 | Order/Procedural | Filed Order Granting Motion. Transcript request form and proof of service due: 10 days. Appellant shall have 20 days from the filing of the transcripts to file the fast track statement and appendix. fn1[We deny appellant's motion requesting this court to order transcripts to be prepared at State expense.] | 06-07987 | |
| 05/16/2006 | Order/Procedural | Filed Order. counsel is directed to file 2 copies of the transcript request form and proof of service in this court within 10 days of this order. Counsel is cautioned that failure to comply with the rules of appellate procedure and the orders of this court may result in the imposition of sanctions. | 06-10287 | |
| 07/06/2006 | Order/Procedural | Filed Order. Archuleta is directed to file 2 copies of the rough draft transcript request form and proof of service as required by NRAP 3C(d)(3) in this court within 5 days of this order. If Archuleta did not file a rough draft transcript request form in the district court, he is ordered to file such a request form within 5 days of this order, and file 2 copies of the transcript request form and proof of service in this court within 10 days of this order. If Archuleta fails to file the forms or to otherwise respond by 5:00 p.m. on Friday, July 14, 2006, this court shall enter an order imposing a monetary sanction in the amount of $500.00 and referring Archuleta to the State Bar for investigation and the imposition of appropriate discipline based on his neglect of this matter and disregard of this court's orders. | 06-13878 | |
| 07/12/2006 | Motion | Filed Response to Order to Show Cause. Fran Peter Archuleta's Response to Order of July 6, 2006. | 06-14363 | |
| 07/28/2006 | Order/Procedural | Filed Order. Directing Full Briefing. This court has concluded that full briefing of this appeal is warranted. Counsel for the parties shall fully brief the issues. This court construes Archuleta's response as a motion to withdraw as counsel in this appeal. Cause appearing, the motion is granted. We remand this appeal to the district court for the limited purpose of securing appellate counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint appellate counsel. 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 the appointment or appearance of appellate counsel, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order or counsel's notice of appearance. Upon receipt of the order appointing counsel or counsel's notice of appearance, this court shall establish a briefing schedule. | 06-15683 | |
| 09/08/2006 | Order/Incoming | Filed District Court Order. Filed certified copy of order filed in district court on 8/28/06 appointing Ian Silverberg as counsel for appellant. | 06-18648 | |
| 09/20/2006 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 06/20/05 and 06/21/05. To Court Reporter: Sunshine Reporting Services. | 06-19371 | |
| 09/26/2006 | Order/Procedural | Filed Order. Establishing Briefing Schedule. Opening Brief due: 75 days. Briefing shall proceed in accordance with NRAP 31(a)(1). | 06-19726 | |
| 10/03/2006 | Transcript Request | Filed Request for Transcript of Proceedings. (Amended Request). Transcripts requested: 06/20/05 and 06/21/05. To Court Reporter: Peggy Hoogs & Associates. | 06-20272 | |
| 11/07/2006 | Transcript | Filed Transcript. Proceedings: 6/20/05 & 6/21/05. Court Reporters: Peggy B. Hoogs & Millie Terry Hoenshell. | 06-22715 | |
| 12/07/2006 | Brief | Filed Opening Brief. | 06-25024 | |
| 12/07/2006 | Appendix | Filed Joint Appendix. | 06-25025 | |
| 01/03/2007 | Brief | Filed Answering Brief. | 07-00132 | |
| 02/14/2007 | Case Status Update | Briefing Completed. No reply brief filed. | ||
| 03/12/2007 | Order/Procedural | Filed Order/Submit on Briefs. Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to as of the date of this order on the briefs filed herein. | 07-05782 | |
| 03/12/2007 | Case Status Update | Submitted for Decision. | ||
| 06/12/2007 | Order/Dispositional | Filed Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of conviction REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." SNP07-MG/MD/MC | 07-12853 | |
| 07/10/2007 | Remittitur | Issued Remittitur. | 07-13642 | |
| 07/10/2007 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 07/17/2007 | Remittitur | Filed Remittitur. Received by County Clerk on July 12, 2007. | 07-13642 | |