| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/17/2003 | Filing Fee | Filing Fee Waived. | | |
| 11/17/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 03-19148
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| 12/02/2003 | Order/Procedural | Filed Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from appointment or appearance of counsel the district court clerk shall transmit to this court a copy of the district court's written or minute order, and serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance in this court. fn1[All filing deadlines, including those set forth in NRAP 9, NRAP 14 and NRAP 31(a)(1), shall commence to run from the date on which counsel is required to enter an appearance in this court.] | | 03-20002
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| 01/02/2004 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on December 29, 2003 enclosing a copy of minute order. David T. Brown is appointed as counsel for appellant. | | 04-00113
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| 01/09/2004 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: David T. Brown (Docketing Statement mailed to counsel for appellant.) | | 04-00592
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| 01/26/2004 | Docketing Statement | Filed Docketing Statement. | | 04-01571
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| 03/17/2004 | Order/Procedural | Filed Order. To date appellant has failed to request transcripts in compliance with NRAP 9(a). Appellant shall, within 10 days from the date of this order, comply with NRAP 9(a). | | 04-05050
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| 03/26/2004 | Transcript Request | Filed Certificate of No Transcript Request. | | 04-05685
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| 06/01/2004 | Motion | Filed Motion to Extend Time. | | 04-09980
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| 06/07/2004 | Order/Procedural | Filed Order Granting Motion. filed June 1, 2004. Appellant shall have until June 18, 2004, to file and serve the opening brief and appendix. | | 04-10441
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| 06/18/2004 | Brief | Filed Opening Brief.
09/01/04 ORDER: THE PROPER PERSON OPENING BRIEF THAT IS ATTACHED AS EXHIBIT A TO APPELLANT'S OPENING BRIEF-STRICKEN. | | 04-11161
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| 06/18/2004 | Appendix | Filed Appendix to Opening Brief. | | 04-11162
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| 07/22/2004 | Brief | Filed Answering Brief. | | 04-13332
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| 07/22/2004 | Appendix | Filed Appendix to Answering Brief. | | 04-13333
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| 07/22/2004 | Motion | Filed Motion to Strike. Motion to Strike Appellant's Proper Person Brief. | | 04-13334
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| 08/09/2004 | Motion | Filed Motion and Order Extending Time. Brief due: September 20, 2004. | | 04-14421
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| 09/01/2004 | Order/Procedural | Filed Order Granting Motion. to Strike Exhibit 'A' Attached to Opening Brief. Appellant filed an opening brief that includes a document entitled 'Appellant's Pro Se Opening Brief Annexed to Counsel's Opening Brief,' which is attached to the opening brief as 'Exhibit A.' Respondent has filed a motion to strike Exhibit A on the grounds that appellant is represented by counsel, who has filed an opening brief, and appellant has neither sought nor been granted leave to file documents in proper person. See NRAP 46(b). fn1[We note that the attempt to 'incorporate' the proper person opening brief into the opening brief filed by counsel results in an opening brief that far exceeds the 30-page limit set forth in NRAP 28(g).] Because appellant is represented by counsel in this appeal, we decline to grant him permission to file additional documents in proper person. See NRAP 46(b). We therefore grant respondent's motion and direct the clerk to strike the proper person opening brief that is attached as Exhibit A to appellant's opening brief. | | 04-15932
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| 09/17/2004 | Brief | Filed Reply Brief. | | 04-17265
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| 09/17/2004 | Case Status Update | Submitted for Decision. | | |
| 09/24/2004 | Motion | Filed Motion. Motion for Reconsideration of Order Granting Motion to Strike Exhibit "A" attached to Opening Brief. | | 04-17712
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| 11/18/2004 | Order/Procedural | Filed Order. Denying Motion for Reconsideration and Returning Proper Person Submission. On June 18, 2004, appellant filed an opening brief that included a document entitled 'Appellant's Pro Se Opening Brief Annexed to Counsel's Opening Brief,' which was attached to the opening brief as 'Exhibit A.' Respondent then filed a motion to strike Exhibit A attached to the opening brief. On September 1, 2004, we granted respondent's motion because appellant had not sought or been granted leave to file documents in proper person and because appellant is represented by counsel in this appeal. On September 13, 2004, appellant submitted a proper person 'Motion for Rehearing/Judicial Notice.' He asks this court to take 'whatever action it deems necessary and appropriate to preserve claims raised in Exhibit(A) of counsel's opening brief.' Appellant still has not sought or been granted leave to file documents in proper person. See NRAP 46(b). Appellant should address all concerns regarding this appeal to counsel and shall proceed through counsel in the prosecution of this appeal. We therefore direct the clerk of this court to return, unfiled, the proper person document received on September 13, 2004. On September 24, 2004, counsel for appellant filed a motion for reconsideration of the order striking Exhibit A attached to the opening brief. We granted the State's motion to strike on its merits, not because appellant failed to oppose the motion. We see no reason to reconsider our prior order. Accordingly, we deny appellant's motion for reconsideration. | | 04-21276
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| 11/18/2004 | Notice/Outgoing | Issued Letter. to appellant Byron Elroy Crutcher. Returned unfiled, the "Proper Person Motion for Rehearing/Judicial Notice received on September 13, 2004." | | |
| 09/20/2005 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP06-WM/MG/JH | | 05-18655
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| 11/01/2005 | Order/Procedural | Filed Order Denying Motion. This court has considered the proper person motion of October 17, 2005, and has concluded that the relief requested is not warranted. The motion is denied. | | 05-21522
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| 11/01/2005 | Remittitur | Issued Remittitur. | | 05-21567
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| 11/01/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 11/21/2005 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed November 4, 2005, and placed on the docket as Case No. 05-7499. | | 05-22907
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| 11/28/2005 | Remittitur | Filed Remittitur. Received by County Clerk on November 3, 2005. | | 05-21567
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| 04/03/2006 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. | | 06-06902
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| 06/06/2006 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for rehearing is denied. | | 06-11819
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