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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 36158
Short Caption:CHACON (ROME) VS. DISTRICT COURT C/W 33939Court:Supreme Court
Consolidated: 33939 *, 36158Related Case(s): 33939 , 39149 , 39384 , 47444 , 74552 , 74552-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C105423Classification:Original Proceeding - Criminal - Proper Person Writ Petition
Disqualifications:Case Status:Notice in Lieu of 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
05/22/2000Filing Fee Filing Fee Waived.
05/22/2000Petition/WritFiled Proper Person Petition for Writ. Petition for Writ of Mandamus and Affidavit in Support. 00-08478
06/16/2000Order/ProceduralFiled Order/Show Cause. Docket No. 33939 is a proper person appeal from a district court order denying a post-conviction petition for a writ of habeas corpus. Docket No. 36158 is a proper person petition for a writ of mandamus seeking an order directing the district court to consider and resolve a post-conviction petition for a writ of habeas corpus which has been pending in the district court since 1995. We elect to consolidate these cases for purposes of this order. It appears that petitioner has set forth issues of arguable merit and that he may have no adequate legal remedy. The State, on behalf of respondent, shall have 30 days within which to show cause why a writ should not issue directing the district court to consider and resolve, on its merits, the petition filed January 26, 1995, and reconsider the petition filed February 22, 1999. Nos. 33939, 36158 (consolidated for purposes of this order).
07/18/2000MotionFiled Response to Order to Show Cause. Nos. 33939, 36158. Doc. No. 00-12412
08/16/2000WritIssued Writ. Certified copy of writ and order mailed to Hon. Kathy A. Hardcastle, District Judge, by this office. 00-14291
08/16/2000WritFiled Writ. Served on Hon. Kathy A. Hardcastle, District Judge, by mail from this office on this day. 00-14291
08/16/2000Order/DispositionalFiled Order Granting Petition. Order Granting Petition for Writ of Mandamus and Order of Remand. On June 16, 2000, we consolidated these cases for disposition. Having considered the documents on file with this court, and the State's response to our order of June 16, 2000, " . . . we hereby grant the petition for a writ of mandamus." The clerk of this court shall issue a writ of mandamus in Docket No. 36158. fn1[We direct the district court to reconsider whether an appointment of counsel is warranted.] " . . . we reverse the district court's order of February 22, 1999, and we remand the matter in Docket No. 33939 for reconsideration after the district court resolves the original January 26, 1995, petition." fn2[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted. This order constitutes this court's final disposition of these matters and is entered without prejudice to petitioner's right to timely appeal from any adverse decision of the district court on remand resolving petitioner's post-conviction petitions. Any further proceedings shall be docketed as a new and separate proceeding.] SNP99B-WM/MS/NB Nos. 33939/36158. 00-14500
09/12/2000RemittiturIssued Notice in Lieu of Remittitur. 00-14499
09/12/2000Case Status Update Remittitur Issued/Case Closed.