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United States Court Cases

Nevada Supreme/Appellate Court Record

MANJARREZ (JAVIER) VS. STATE

Case Information: 40113
Short Caption:MANJARREZ (JAVIER) VS. STATECourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CR981171AClassification:Criminal Appeal - Fast Track - Direct
Disqualifications:Case Status: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
DateTypeDescriptionPending?Document
08/23/2002Filing Fee Filing Fee Waived.
08/23/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 02-14547
10/21/2002Order/ProceduralFiled Order/Fast Track. To date, no fast track statement has been filed. Appellant's counsel Theodore D. Gamboa shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 02-18229
12/13/2002Order/CounselFiled Order/Sanctions. Theodore D. Gamboa has failed to respond to this court's order of October 21, 2002. We conclude that the imposition of a monetary sanction is appropriate. Gamboa shall personally pay the sum of $500.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Gamboa shall file and serve the fast track statement within 10 days of this order or show cause why Gamboa should not be sanctioned further. 02-21337
12/23/2002Fast Track BriefFiled Fast Track Statement. 02-21963
01/02/2003Fast Track BriefFiled Fast Track Response. 03-00095
01/02/2003Notice/IncomingFiled Proof of Service. Affidavit of Mailing. That on the 27th day of December, 2002, Affiant deposited by mail in the United States Postal Service at Reno, Nevada, a check in the amount of $500.00, payable to the Supreme Court Law Library. 03-00110
01/16/2003Order/ProceduralFiled Order. Counsel for appellant filed the fast track statement on December 23, 2002. To date, no appendix has been filed. Counsel for appellant shall have 20 days from the date of this order to file and serve the appendix, or show cause why counsel for appellant should not be sanctioned. 03-00907
03/17/2003Order/CounselFiled Order/Sanctions. Appellant's counsel, Theodore D. Gamboa has failed to respond to this court's order filed January 16, 2003. We conclude that the imposition of monetary sanction is appropriate. Gamboa shall personally pay the sum of $500.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Further, Gamboa shall file and serve the appendix within 10 days of this order or show cause why Gamboa should not be sanctioned further. 03-04409
06/10/2003Order/ProceduralFiled Order. Order Removing Counsel of Record and Referring Counsel to the State Bar of Nevada. On December 13, 2002, this court sanctioned appellant's counsel of record in this appeal, Theodore D. Gamboa, in the amount of $500 for failure to file a fast track statement within the time provided in NRAP 3C and for failure to respond to this court's prior order of October 21, 2002. Mr. Gamboa thereafter filed a two-page fast track statement on December 23, 2002. On January 16, 2003, this court ordered Mr. Gamboa to file and serve and appendix within 20 days or to show cause why he should not be sanctioned. On March 17, 2003, having still received no appendix or response of any kind from counsel, this court entered an order sanctioning Mr. Gamboa for a second time in the amount of $500. To date, Mr. Gamboa has again failed to respond to this court's order or to comply with the order's directives. Under these circumstances, we hereby remove attorney Gamboa as counsel of record in this matter and refer him to the State Bar of Nevada for commencement of disciplinary proceedings pursuant to SCR 105, to determine whether his performance in this matter complies with the Nevada Rules of Profiessional Conduct. Bar counsel shall have 90 days from the date of this order to inform this court of the status or results of the investigation and disciplinary proceedings. fn2[We direct the clerk of this court to provide bar counsel with copies of all orders and documents filed to date in this matter.] ORDER RESCINDED ON JUNE 25, 2003. 03-09637
06/10/2003Order/ProceduralFiled Order. In a separate order issued this date, this court removed attorney Theodore D. Gamboa as appellant's counsel of record. This appeal is hereby remanded to the district court for the limited purpose of securing new counsel for appellant. If appellant is indigent, the district court shall appoint new counsel for appellant within 30 days of the date of this order. Otherwise, the district court shall order appellant to retain new counsel and shall direct appellant to cause newly retained counsel to enter an appearance in the district court within 30 days of the date of this order. 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. Counsel shall then have 20 days to file and serve a transcript request form or notify this court that no transcripts need be prepared, and shall have 30 days to file and serve a fast track statement, supplementing the deficient fast track statement previously filed by former counsel, and an appendix. fn3[Former counsel, Theodore D. Gamboa, shall cooperate in all necessary respects with newly appointed counsel to assure that this appeal is promptly and adequately prosecuted.] The State shall file its amended fast track response within 20 days of the date of service of the fast track statement. ORDER RESCINDED ON JUNE 25, 2003. 03-09640
06/10/2003Notice/OutgoingIssued Letter. to Rob Bare, Bar Counsel, enclosing copies of all documents filed to date in this matter (pursuant to order filed today).
06/16/2003MotionFiled Motion. Motion to Reconsider. 03-10032
06/23/2003AppendixFiled Appendix to Fast Track Statement. 03-10517
06/25/2003Order/ProceduralFiled Order. Order Granting Motion to Reconsider, Vacating Prior Orders and Directing Filing of Amended Fast Track Statement. Attorney Theodore D. Gamboa has moved this court to reconsider our prior orders of June 10, 2003, removing him as counsel of record in this case, referring him to the State Bar of Nevada for disciplinary proceedings, and remanding this appeal to the district court for the limited purpose of securing new counsel. Cause appearing, we grant the motion to reconsider. We vacate and rescind our prior orders of June 10, 2003. Mr. Gamboa is hereby reinstated as counsel for record in this proceeding. The clerk of this court shall file the amended fast track statement appended to Mr. Gamboa's motion to reconsider. The State shall have 20 days from the date of this order within which to file and serve a fast track response. In light of Mr. Gamnboa's admission that "[t]here is simply no excuse" for his "lack of attention to this case," we have nevertheless concluded that an additional monetary sanction is warranted. Accordingly, Mr. Gamboa shall personally pay the sum of $500.00 to the Supreme Court Law Library. This monetary sanction is in addition to the outstanding and unpaid $500.00 sanction previously imposed by this court in an order issued on March 17, 2003. Mr. Gamboa shall pay the total outstanding sanctions of $1000.00 to the Supreme Court Law Library on or before July 15, 2003, and provide the clerk of this court with an affidavit or certificate verifying that such payment has been made on or before that date. 03-10610
06/25/2003Fast Track BriefFiled Fast Track Statement. 03-10612
07/02/2003Notice/IncomingFiled Proof of Payment of Sanction. Theodore Gamboa - check no. 6003 in the amount of $1,000.00 03-11071
07/15/2003Fast Track BriefFiled Fast Track Response. 03-11914
12/23/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." SNP04-RR/ML/WM 03-21331
01/21/2004RemittiturIssued Remittitur. 04-00048
01/21/2004Case Status Update Remittitur Issued/Case Closed.
02/09/2004RemittiturFiled Remittitur. Received by County Clerk on January 23, 2004. 04-00048