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United States Court Cases

Nevada Supreme/Appellate Court Record

MILLER (JOHN) VS. STATE

Case Information: 36138
Short Caption:MILLER (JOHN) VS. STATECourt:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CR98P1081
Washoe Co. - Second Judicial District - CR98P1034
Classification:Criminal Appeal - Other - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:11/22/2000How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/17/2000Filing Fee Filing Fee Waived.
05/17/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 00-08295
05/18/2000Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: April 14, 2000. Court Reporter: Isolde Zihn. Filed in district court on: May 15, 2000. 00-08297
06/01/2000TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 4/14/00. Court Reporter: Isolde Zihn. 00-09222
06/13/2000AppendixFiled Joint Appendix. 00-09983
06/13/2000Fast Track BriefFiled Fast Track Statement. 00-10039
06/20/2000Fast Track BriefFiled Fast Track Response. 00-10543
09/13/2000Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief and appendix due: 40 days. fn2[We suspend the requirement in NRAP 9 for counsel to file a certified transcript.] Answering brief and reply brief shall be filed in compliance with NRAP 31. 00-16083
10/10/2000BriefFiled Opening Brief. Mailed on: Hand delivered 10/10/00 (Reno/Carson). 00-17927
10/10/2000AppendixFiled Joint Appendix. 00-17928
11/13/2000BriefFiled Answering Brief. Mailed on: 11/9/00. 00-19799
11/22/2000BriefFiled Reply Brief. Mailed on: Hand delivered 11/22/00 (Reno/Carson). 00-20593
11/22/2000Case Status Update Submitted for Decision.
07/12/2001Order/DispositionalFiled Order of Affirmance. 'ORDER the judgment of the district court AFFIRMED.' NNP01A-MS/DA/RR 01-11802
08/02/2001Order/ProceduralFiled Order. On July 30, 2001, appellant John Ray Miller submitted a proper person "motion for extension of time to file a petition for rehearing of EN BANC reconsideration." Appellant is represented by counsel and has not been granted leave to file papers in proper person. Nevertheless, we have considered appellant's motion and we deny the requested relief. The remittitur is due to issue August 6, 2001. However, we order the issuance of the remittitur stayed to provide appellant's counsel an opportunity to file a petition for rehearing on appellant's behalf, 15 days from the date of this order. If appellant's counsel does not file a petition for rehearing within 15 days of the date of this order, the remittitur shall issue 20 days from the date of this order. Appellant shall proceed hereafter by and through counsel. 01-13056
08/23/2001RemittiturIssued Remittitur. 01-14287
08/23/2001Case Status Update Remittitur Issued/Case Closed.
09/04/2001RemittiturFiled Remittitur. Received by County Clerk on August 29, 2001. 01-14287
03/06/2002Order/ProceduralFiled Order. On July 30, 2001, appellant John Ray Miller submitted a proper person motion for an extension of time to file a petition for en banc reconsideration. fn1[Although appellant requested an extension of time to file a petition for en banc reconsideration, because appellant had not yet filed a petition for rehearing, we construed appellant's request as a request for an extension of time to file a petition for rehearing pursuant to NRAP 40.] Because appellant was represented by counsel, on August 2, 2001, we entered an order denying appellant's motion. In that order, we also stayed issuance of the remittitur until August 22, 2001, in order to provide appellant's counsel an opportunity to file a petition for rehearing with this court if counsel deemed such filing appropriate. On August 7, 2001, this court received a proper person letter requesting this court to reconsider the denial of his motion for an extension of time. We note that appellant has not been granted leave to file documents in proper person. Nevertheless, we elect to treat appellant's letter as a motion for reconsideration of our August 2, 2001, order and direct the clerk of this court to file the letter received on August 7, 2001. We note that a criminal appellant has no right to proceed in proper person on appeal. Accordingly, we deny appellant's motion for reconsideration. 02-04047
03/06/2002Letter/IncomingFiled Letter. Proper Person Letter in response to Order filed on 8/2/01. 01-13346