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United States Court Cases

Nevada Supreme/Appellate Court Record

GETZ (JACK) VS. STATE

Case Information: 36107
Short Caption:GETZ (JACK) VS. STATECourt:Supreme Court
Related Case(s): 43515 , 44166 , 46029 , 52793
Lower Court Case(s):Clark Co. - Eighth Judicial District - C149459Classification: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:01/17/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/11/2000Filing Fee Filing Fee Waived.
05/11/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). 00-07897
06/02/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 4/23/98; 4/30/98; 5/7/98; 2/2/99; 2/4/99; 11/2/99; 2/1/00; 2/8/00; 2/9/00; 2/10/00; 2/11/00; 2/14/00; 4/20/00. To Court Reporter: Shirlee Prawalsky. 00-09312
06/20/2000Other Returned Unfiled Document. Returned with deficient notice. (Late, needs motion for extension, not enough copies).
07/03/2000MotionFiled Motion to Extend Time. 00-11319
07/07/2000Order/Clerk'sFiled Clerk's Order. The docketing statement provisionally submitted on June 26, 2000, shall be filed, forthwith. 00-11647
07/07/2000Docketing StatementFiled Docketing Statement. 00-10858
09/14/2000MotionFiled Stipulation and Order. Brief due: October 9, 2000. 00-16242
10/16/2000MotionFiled Motion to Extend Time. Motion to Continue Time to file Appellant's Opening Brief. 00-18336
10/18/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant's opening brief and appendix shall be served and filed on or before November 17, 2000. 00-18447
10/19/2000Order/ProceduralFiled Order. To date, none of the requested transcripts have been filed with this court. Court reporter Prawalsky shall have 20 days from the date of this order within which to file and serve the requested transcripts, to file a motion for an extension of time to do so, or to inform this court in writing why the requested transcripts cannot be produced. (Transcripts for proceedings conducted on April 23, 30, 1998; May 7, 1998; February 2, 4, 1999; November 2, 1999; February 1, 8, 9, 10, 11, 14, and 20, 2000.) 00-18518
10/30/2000TranscriptFiled Transcript. Proceedings: April 23, 1998; May 7, 1998; February 2, 4, 1999; November 2, 1999; February 1, 8, 9, 10, 11 and 14, 2000; April 20, 2000. Court Reporter: Shirlee Prawalsky. 00-19035
10/30/2000Letter/IncomingFiled Letter. from Court Reporter Shirlee Prawalsky. There are no transcripts from April 30, 1998. Also, the February 20, 2000, date is in error. The sentencing was held on April 20, 2000. 00-19036
12/12/2000Order/ProceduralFiled Order. On October 30, 2000, court recorder Prawalsky submitted a letter stating that she could not produce transcripts for April 30, 1998, or February 20, 2000. We note, however, that our review of the district court minute entries and the program listing provided by court recorder Prawalsky indicates that the matter was on their calendar on April 30, 1998. Court recorder Prawalsky shall have 20 days from the date of this order to prepare and file the transcript for proceedings conducted on April 30, 1998, or to inform this court in writing why the transcript cannot be produced. Our review of the transcript request form indicates that appellant requested transcripts for April 20, 2000, and not February 20, 2000. Accordingly, our order directing court recorder Prawalsky to prepare transcripts for proceedings conducted on February 20, 2000, was in error. We therefore vacate that portion of our October 19, 2000, order directing court recorder Prawalsky to prepare transcripts for proceedings conducted 00-21736
12/14/2000MotionFiled Motion to Extend Time. (Second Request) 00-21902
12/20/2000TranscriptFiled Transcript. Proceedings: April 30, 1998. Court Reporter: Shirlee Prawalsky. (transcript contains incorrect cover page-see page 2). 00-22161
12/26/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including December 29, 2000, to file and serve the opening brief and appendix. We do not expect further requests for extensions of time absent extreme and unforeseeable circumstances. Respondent shall, within 30 days of service of the opening brief and appendix, file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 00-22386
02/16/2001MotionFiled Motion to Extend Time. (third request). 01-03062
04/06/2001Order/ProceduralFiled Order. On February 16, 2001, appellant filed a motion requesting a fourth extension of time to March 15, 2001, to file and serve the opening brief and appendix. We are not persuaded that attorney Kennedy has presented this court with extreme and unforeseeable circumstances or with good cause justifying a delay in the briefing of this appeal, or for requesting the motion for fourth extension of time. Accordingly, we deny appellant's motion. Further, we conclude that the imposition of sanctions against attorney Kirk Kennedy are appropriate. Attorney Kennedy shall personally pay to the Clark County Law Library the sum of $500, and file an affidavit or certificate proving that such payment was made with this court within 15 days from the date of this order. This court prefers to decide cases on their merits, whenever possible. In the interest of judicial economy, we direct the clerk of this court to file the opening brief and appendix received on March 19, 2001. Respondent shall have 30 days from the date of this order to file and serve the answering brief. Thereafter briefing shall proceed in accordance with NRAP 31(a)(1). 01-05997
04/06/2001BriefFiled Opening Brief. Mailed on: March 15, 2001. 01-04824
04/06/2001AppendixFiled Appendix to Opening Brief. 01-04825
05/08/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. 01-07678
06/28/2001Order/ProceduralFiled Order. To date, Mr. Kennedy has not complied with the order of April 6, 2001. Mr. Kennedy shall comply with this court's April 6, 2001, order by paying the sanction amount of $500 to the Clark County Law Library, and filing proof of such payment with this court within 15 days from the date of this order. Failure to comply with this order may result in the imposition of additional sanctions including referral to the State Bar of Nevada. 01-10927
07/05/2001Notice/IncomingFiled Proof of Payment of Sanction. Payment of $500 to the Clark County Law Library from attorney Kirk T. Kennedy. 01-11303
01/17/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 02-01189
01/17/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML
03/13/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn20[We have carefully reviewed all arguments raised on appeal and conclude that we do not need to address the merits of these arguments.] SNP02-CY/DA/ML 02-04520
04/09/2002RemittiturIssued Remittitur. 02-04648
04/09/2002Case Status Update Remittitur Issued/Case Closed.
04/23/2002RemittiturFiled Remittitur. Received by County Clerk on April 11, 2002. 02-04648