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United States Court Cases

Nevada Supreme/Appellate Court Record

NAVAS (JULIO) VS. STATE C/W 42159

Case Information: 42158
Short Caption:NAVAS (JULIO) VS. STATE C/W 42159Court:Supreme Court
Consolidated:42158*, 42159 Related Case(s): 43207 , 46425 , 46786 , 46966 , 47331 , 65348 , 68854
Lower Court Case(s):Washoe Co. - Second Judicial District - CR022190Classification: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
10/09/2003Filing Fee Filing Fee Waived.
10/09/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 03-16834
10/15/2003Docketing StatementFiled Docketing Statement. Nos. 42158/42159. (These cases are not consolidated.) 03-17111
10/15/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: July 23, 2003 and September 24, 2003. To Court Reporter: Joan Dotson. Nos. 42158/42159. (These cases are not consolidated.) 03-17112
10/17/2003Notice/IncomingFiled Proof of Service. (Request for Transcripts). 03-17329
10/21/2003TranscriptFiled Transcript. Proceedings: July 23, 2003 and September 24, 2003. Court Reporter: Joan Marie Dotson. Nos. 42158 and 42159 (not consolidated). 03-17512
01/08/2004MotionFiled Stipulation. Stipulation of the Parties to Consolidate Appeals and Response to Order Filed December 30, 2003. Nos. 42158/42159. 04-00499
01/15/2004Order/ProceduralFiled Order/Stipulation Approved. Docket No. 42158 is not currently subject to the fast track provisions of NRAP 3C. Docket No. 42159 is subject to the fast track provisions of NRAP 3C. On January 8, 2004, the parties filed a stipulation to consolidate these appeals. The stipulation is approved and these appeals are consolidated for all appellate purposes. This court hereby exercises its discretion and orders that the appeal in Docket No. 42158 is now subject to the provisions of NRAP 3C. Counsel for appellant shall have 20 days from the date of this order to file and serve a single fast track statement and appendix in these appeals. Briefing shall thereafter proceed in accordance with NRAP 3C. Nos. 42158/42159. (04-00885) 04-00885
02/03/2004Fast Track BriefFiled Fast Track Statement. Nos. 42158/42159. 04-02146
02/03/2004AppendixFiled Appendix to Fast Track Statement. - Joint Appendix. Nos. 42158/42159. 04-02147
02/05/2004Notice/IncomingFiled Proof of Service. Certificate of Mailing the Joint Appendix and Fast Track Statement. Nos. 42158/42159. (04-02318) 04-02318
02/20/2004Fast Track BriefFiled Fast Track Response. Nos. 42158/42159. 04-03291
04/12/2004Order/IncomingFiled District Court Order. Copy of district court order received from Judge Polaha filed in district court on April 5, 2004. Nos. 42158/42159. (04-06733) 04-06733
04/26/2004Order/ProceduralFiled Order. These are consolidated appeals from judgments of conviction, pursuant to pleas of nolo contendere. Appellant has submitted a number of proper person documents to this court, culminating in a document submitted on February 23, 2004, requesting that all his prior submissions be decided by this court. fn1[1On April 12, 2004, the central legal staff of this court received a letter from appellant requesting "additional assistance." That letter has been forwarded to the clerk of this court and shall be stamped received and placed in the correspondence file for this appeal. Appellant is advised that such communications should be directed to the clerk of this court and not to this court's central legal staff.] Appellant informs this court that his counsel, Carl F. Hylin, was retained and that appellant has now discharged Hylin. Appellant therefore seeks: (1) to represent himself in proper person; (2) to strike the fast track statement filed by Hylin; and (3) to vacate the order consolidating these appeals. Appellant's request to proceed in proper person is denied. Because Hylin has fulfilled the obligations placed on trial counsel by NRAP 3C(b), we conclude that he may now be relieved of any further obligation with regard to this appeal. We remand this appeal to the district court for the limited purpose of securing new counsel for appellant. fn4[4The granting of this motion is, of course, conditioned upon Hylin's full cooperation with replacement appellate counsel during the pendency of this appeal. NRAP 3C(b)(1).] If appellant is indigent, the district court shall have thirty (30) days from the date of this order to appoint new counsel for appellant. Otherwise, within thirty (30) days from the date of this order, the district court shall order that appellant must retain counsel and that retained counsel must enter an appearance in the district court on appellant's behalf within thirty (30) days from the date of the district court's order. Within five (5) days from the appointment or appearance of counsel, the district court clerk shall transmit to the clerk of this court: (1) a copy of the district court's written or minute order appointing appellate counsel; or (2) a copy of the notice of appearance filed by retained counsel. Upon receipt of the district court's order or the notice of appearance, this court shall establish a schedule for additional fast track briefing. We deny appellant's proper person requests to strike the fast track statement and to vacate the order consolidating these appeals. Nos. 42158/42159. (04-07609) 04-07609
05/25/2004Order/IncomingFiled District Court Order. Order for Proof of Indigency or Retention of Counsel. Nos. 42158/42159 04-09638
06/30/2004Order/ProceduralFiled Order. To this date, the district court still has not appointed counsel for purposes of appellant's direct appeal. Accordingly, once again, this court orders the district court to appoint counsel for appellant within 30 days from the date of this order. Within 5 days from the appointment of counsel, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order appointing appellate counsel. Upon receipt of the district court's order, this court shall establish a schedule for additional fast track briefing. Nos. 4215/42159. 04-12051
08/13/2004Order/ProceduralFiled Order. These are consolidated appeals from judgments of conviction, pursuant to pleas of nolo contendere. This court, once again, orders the district court to appoint counsel for appellant within thirty (30) days from the date of this order. Within five (5) days from the appointment of counsel, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order appointing appellate counsel. Upon receipt of the district court's order, this court shall establish a schedule for additional fast track briefing. Nos. 42158 / 42159. (04-14679) 04-14679
09/09/2004Order/IncomingFiled District Court Order. Certified copy of order appointing counsel filed in district court on August 31, 2004. Kenneth Stover is appointed to represent appellant. Nos. 42158/42159. 04-16545
09/20/2004Order/ProceduralFiled Order. On August 31, 2004, the district court appointed counsel, and a copy of the order was filed in this court on September 9, 2004. Appellate counsel Kenneth Stover shall have 20 days form the date of this order to file and serve either a supplemental fast track statement pursuant to NRAP 3C(g), or a notice that no supplemental fast track statement will be filed. Should Stover file a supplemental fast track statement the State shall have 10 days within which to file a supplemental fast track response. Nos. 42158/42159. (04-17305) 04-17305
10/11/2004MotionFiled Motion to Extend Time. Nos. 42158/42159 04-18820
10/13/2004Notice/IncomingFiled Proof of Service. Motion for Extension of Time. Nos. 42158/42159. 04-19015
10/21/2004Order/ProceduralFiled Order Granting Motion. filed October 11, 2004. Counsel for appellant shall have 20 days from the date of this order within which to file and serve either the supplemental fast track statement or a notice that no supplemental fast track statement will be filed. Nos. 42158/42159. (04-19432) 04-19432
11/12/2004Fast Track BriefFiled Fast Track Statement. Nos. 42158/42159. 04-20806
11/23/2004Fast Track BriefFiled Fast Track Response. Nos. 42158/42159. (04-21503) 04-21503
12/06/2004Order/ProceduralFiled Order. Our review of the record in this appeal reveals that counsel for appellant, Kenneth A. Stover, has not submitted for inclusion in an appendix a document necessary for this court's disposition of his appeal, specifically, appellant's proper person letter requesting a withdrawal of his nolo contendere pleas prior to sentencing. Accordingly, we direct counsel for appellant to transmit to this court within ten (10) days from the date of this order the document noted above as a supplemental appendix. fn2[See NRAP 30(b)(1). Although we are directing appellant to provide this court with the necessary document not included in appellant's appendix, we note that, pursuant to NRAP 3C(j)(2), respondent generally shares the same responsibility to provide this court with the documents necessary for the disposition of an appeal.] Nos. 42158/42159. (04-22169) 04-22169
12/13/2004AppendixFiled Appendix. Supplemental Appendix. Nos. 42158/42159. 04-22766
01/20/2005Order/DispositionalFiled Order of Remand. Order Vacating Judgments and Remanding. "ORDER the judgments of conviction VACATED AND REMAND this matter to the district court for proceedings consistent with this order." fn8[Because Navas is represented by counsel in this matter, we decline to grant him permission to file documents in proper person in this court. See NRAP 46(b).] SNP04D-RR/WM/MD. Nos. 42158/42159. 05-01244
02/15/2005RemittiturIssued Remittitur. 05-01570
02/15/2005Case Status Update Remittitur Issued/Case Closed.
03/04/2005RemittiturFiled Remittitur. Received by District Court Clerk on February 16, 2005. 05-01570
06/08/2006Order/ProceduralFiled Order. Denying Relief. The request to consolidate and for the recusal of Chief Justice Rose submitted on April 12, 2006, is hereby denied. Nos. 47049/ 46786/ 46788/ 46425/ 46426/ 42158/ 42159/ 46966/ 46967. 06-12032