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United States Court Cases

Nevada Supreme/Appellate Court Record

COTHRAN (DONTELL) VS. STATE

Case Information: 44283
Short Caption:COTHRAN (DONTELL) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C200388Classification: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:09/01/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/22/2004Filing Fee Filing Fee Waived.
11/22/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 04-21470
11/24/2004Notice/OutgoingIssued Notice of Redesignation of Appeal. Upon further review, it has been determined that this is not a fast track appeal.
11/30/2004Order/ProceduralFiled Order re: Entry Written Judgment or Order. The district court shall have 10 days from the date of this order within which to: (1) enter a written judgment of conviction or (2) inform this court that it is reconsidering its decision. In the event the district court enters a written judgment or order (or has already entered a written judgment or order of which this court is unaware), the clerk of the district court shall immediately transmit a certified copy of the judgment of conviction to the clerk of this court. 04-21798
12/07/2004Notice of Appeal DocumentsFiled District Court Order/Judgment. Copy of judgment of conviction (received via fax) from District Judge Bell. 04-22261
12/14/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 08/02/04, 09/07/04, 09/14/04, and 11/04/04. Court Reporters: J. D'Amato, M. Schorn, T. Mercer, and R. Silvaggio. Filed in district court on: 12/07/04. 04-22831
12/15/2004Order/ProceduralFiled Order re: Entry Written Judgment or Order. On November 30, 2004, this court entered an order directing the district court to: (1) enter a written judgment or order or (2) inform this court that it is reconsidering its decision. On December 7, 2004, this court received and filed a copy of a written judgment of conviction. The written judgment of conviction transmitted to this court is deficient and does not vest jurisdiction in this court. The clerk of the district court shall have 10 days form the date of this order to transmit a certified, file-stamped copy of the judgment of conviction to the clerk of this court. 04-22835
12/20/2004TranscriptFiled Transcript. Proceedings: November 7, 2004. Court Reporter: Maureen Schorn. 04-23173
12/21/2004TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: September 13, 2004 and September 14, 2004. Court Reporter: Tom Mercer. 04-23282
01/04/2005Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on December 17, 2004. 05-00138
01/06/2005MotionFiled Motion to Extend Time. 02/16/05 Order: we conclude that no action is required on appellant's motion. 05-00327
01/14/2005TranscriptFiled Transcript. Proceedings: 11/4/04. Court Reporter: Renee Silvaggio. 05-00929
01/21/2005TranscriptFiled Transcript. Proceedings: 08/02/04. Court Reporter: Joseph D'Amato. 05-01428
02/16/2005Order/ProceduralFiled Order. This appeal was docketed in this court on November 22, 2004, as an appeal subject to the provisions of Nevada Rule of Appellate Procedure 3C. This court issued a Notice of Redesignation of Appeal to the parties on November 24, 2004, informing them that this was not a fast track appeal. However, the notice did not direct appellant to file the docketing statement and did not include a blank docketing statement. We hereby direct the clerk to issue a blank docketing statement with this order to appellant. Appellant shall have 10 days from the date of this order to file and serve the docketing statement. On December 14, 2004, counsel for appellant filed a request for the preparation of rough draft transcripts of the proceedings conducted on August 2, 2004, September 7, 2004, September 14, 2004, and November 4, 2004. fn1[A copy of the rough draft transcript request form is attached to this order.] As previously noted, this appeal is not a fast track appeal and therefore rough draft transcripts should not have been requested. Court reporter Tom Mercer filed a rough draft transcript for proceedings conducted on September 14, 2004. In the interest of judicial economy, this court will consider the rough draft transcript filed by Mr. Mercer in resolving this appeal unless either party files a notice of objection within 10 days from the date of this order. We admonish appellant's counsel for failing to comply with our appellate rules. To date, court reporter Maureen Shorn has not filed the requested transcript for September 7, 2004. Ms. Shorn shall have 20 days from the date of this order to prepare and file a certified copy of the requested transcript. If more time is needed to complete the preparation of the transcript, Ms. Shorn shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Shorn shall notify this court, in writing, of this fact. On January 6, 2005, appellant moved for a 45-day extension of time to file the fast track statement. We note that appellant's counsel is obligated to file an opening brief for this appeal and not a fast track statement. Because this appeal was docketed on November 22, 2004, we further note that the opening brief is not due to be filed until March 22, 2005. We conclude that no action is required on appellant's motion. (Docket statement mailed to counsel for appellant.) 05-03120
02/16/2005MotionFiled Motion to Extend Time. 05-03135
02/24/2005Docketing StatementFiled Docketing Statement. 05-03711
03/07/2005TranscriptFiled Transcript. Proceedings: 09/07/05. Court Reporter: Maureen Schorn. 05-04476
03/23/2005Order/ProceduralFiled Order Denying Motion. as Moot. On February 16, 2004, appellant filed a motion for an extension of time until March 21, 2005, to file a fast track statement. Because this appeal concerns a life sentence it is not subject to NRAP 3C. We deny appellant's motion for an extension of time. Appellant's opening brief and appendix were due to be filed March 22, 2005. Appellant shall have 5 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). 05-05663
03/25/2005MotionFiled Motion to Extend Time. 05-05872
03/30/2005Order/Clerk'sFiled Clerk's Order Granting Motion. filed March 25, 2005. Appellant shall have until April 21, 2005, to file and serve the opening brief and appendix. 05-06178
03/31/2005BriefFiled Opening Brief. 05-06312
03/31/2005AppendixFiled Appendix to Opening Brief. 05-06314
05/04/2005BriefFiled Answering Brief. 05-08749
06/20/2005Case Status Update Briefing Completed. No reply brief filed.
09/01/2005Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. 05-17338
09/01/2005Case Status Update Submitted for Decision.
02/02/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH 06-02415
02/13/2006TranscriptFiled Transcript. Proceedings: September 7, 2004. Court Reporter: Maureen Schorn. 06-03141
02/28/2006RemittiturIssued Remittitur. 06-03415
02/28/2006Case Status Update Remittitur Issued/Case Closed.
03/09/2006RemittiturFiled Remittitur. Received by County Clerk on March 2, 2006. 06-03415