| Case Information: 37928 | |||
| Short Caption: | ZALDIVAR (GUSTAVO) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 34356 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C132869 | Classification: | Criminal Appeal - Fast Track - 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: | How Submitted: | ||
| Party Information | ||
| Role | Party Name | Represented By |
| Appellant | Gustavo Zaldivar | Robert B. Amundson (Clark County Public Defender) Robert L Miller (Clark County Public Defender) |
| Respondent | The State of Nevada | Stewart L. Bell (Clark County District Attorney) Frankie Sue Del Papa (Attorney General/Carson City) James Tufteland (Clark County District Attorney) |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 05/24/2001 | Filing Fee | Filing Fee Waived. | ||
| 05/24/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. | 01-08770 | |
| 05/30/2001 | Notice/Outgoing | Issued Notice to Transmit Required Document. Findings of Facts, Conclusions of Law and Order. Due Date: 10 days | ||
| 05/30/2001 | Other | Other. Fast Track Notice mailed to all counsel. | ||
| 07/13/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Amended/Supplemental. Proper person amended notice of appeal. | 01-11894 | |
| 07/23/2001 | Order/Procedural | Filed Order. To date no fast track statement has been filed. Counsel for appellant 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. | 01-12416 | |
| 08/03/2001 | Motion | Filed Motion to Extend Time. | 01-13184 | |
| 08/13/2001 | Order/Procedural | Filed Order/Motion Granted in Part. The motion filed August 3, 2001, is granted in part. Counsel for appellant shall have 30 days from the date of this order within which to file and serve the fast track statement and appendix. | 01-13681 | |
| 09/12/2001 | Motion | Filed Motion. Motion for Remand for Determination of Indigency and Motion for Extension of Time to File Appellant's Fast Track Statement. | 01-15466 | |
| 09/25/2001 | Order/Procedural | Filed Order. Appellant's motion for a remand of this matter is denied without prejudice to appellant's right to file a motion in the district court for a hearing to determine appellant's indigency and the production of the documents at public expense. Following the district court's determination of whether appellant is indigent and the entry of an order reflecting the district court's findings, the clerk of the district court shall immediately transmit to this court a certified cop of the district court's order. The motion for an extension of time is granted. Counsel for appellant shall have 30 days from the entry of the district court's order to file and serve the fast track statement and appendix. | 01-16138 | |
| 10/29/2001 | Notice/Incoming | Filed Proof of Service. (Notice of Hearing). | 01-18134 | |
| 12/13/2001 | Notice of Appeal Documents | Filed Documents from District Court Clerk. District Court Minutes in Response to Order filed September 25, 2001. | 01-21032 | |
| 01/23/2002 | Motion | Filed Motion to Extend Time. | 02-01594 | |
| 02/08/2002 | Order/Procedural | Filed Order Granting Motion. filed January 23, 2002. Counsel for appellant shall have 30 days from the date of this order to file the fast track statement and appendix. Further extensions will not be granted absent extreme and unforeseeable circumstances. | 02-02580 | |
| 02/19/2002 | Transcript | Filed Rough Draft Transcript of Proceedings. Proceedings: 05/02/00; 08/18/00; and 11/03/00. Court Reporter: Lisa Makowski. | 02-03126 | |
| 03/08/2002 | Fast Track Brief | Filed Fast Track Statement. | 02-04264 | |
| 03/08/2002 | Appendix | Filed Joint Appendix. | 02-04266 | |
| 03/08/2002 | Motion | Filed Motion. Motion to Withdraw. | 02-04267 | |
| 03/21/2002 | Order/Procedural | Filed Order. On March 8, 2002, counsel for appellant filed a motion to withdraw as counsel of record in this appeal. Because counsel for appellant has fulfilled the obligations placed on trial counsel by NRAP 3C(b), the motion is granted. 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. Appellate counsel may file a supplemental fast track statement. Such supplemental fast track statement must be filed within 20 days of appellate counsel's appointment. | 02-05032 | |
| 04/01/2002 | Motion | Filed Motion for Excess Pages. Motion for Leave to File 12 Page Fast Track Response. | 02-05702 | |
| 04/08/2002 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed April 1, 2002. The clerk shall file the 12-page fast track response received on April 1, 2002. | 02-06142 | |
| 04/08/2002 | Fast Track Brief | Filed Fast Track Response. | 02-05703 | |
| 04/16/2002 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Clark County Public Defender, Robert L. Miller, Deputy P.D. | 02-06766 | |
| 05/13/2002 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on May 10, 2002 enclosing a copy of minute order. Robert B. Amundson appointed as counsel for appellant on April 4, 2002. | 02-08378 | |
| 05/30/2002 | Order/Dispositional | Filed Order of Affirmance. In the petition, Zaldivar presented claims of ineffective assistance of counsel. The district court found that counsel was not ineffective. For the reasons stated in the attached order of the district court, we "ORDER the judgment of the district court AFFIRMED." fn2[Although this court has elected to file the Fast Track response submitted, we note that it does not comply with the requirements of the Nevada Rules of Appellate procedure. Failure to comply with the requirements for briefs in the future may result in the brief being returned, unfiled, to be correctly prepared and may also result in the imposition of sanctions by this court.] NNP02-MS/RR/NB | 02-09428 | |
| 06/24/2002 | Order/Procedural | Filed Order. On May 30, 2002, this court filed an order affirming the order of the district court. Thereafter, we received a proper person petition for rehearing. Zaldivar is represented by counsel and has not been granted permission to file documents in this matter in proper person. Accordingly, the clerk of this court shall return unfiled the proper person petition for rehearing received on June 10, 2002. | 02-10858 | |
| 06/24/2002 | Notice/Outgoing | Issued Letter. to appellant Gustavo Zaldivar. Returned unfiled, the original proper person Petition for Rehearing, received on June 10, 2002. | ||
| 06/25/2002 | Remittitur | Issued Remittitur. | 02-09502 | |
| 06/25/2002 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 07/03/2002 | Remittitur | Filed Remittitur. Received by County Clerk on June 27, 2002. | 02-09502 | |
| 07/09/2002 | Other | Returned Unfiled Document. Original and one copy of the document entitled, "Notice to the Court." | ||