| Case Information: 39854 | |||
| Short Caption: | HARTLEY (CALVIN) VS. STATE | Court: | Supreme Court |
| Lower Court Case(s): | Lander Co. - Eleventh Judicial District - 9046 | Classification: | Criminal Appeal - Fast Track - Other |
| 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 | ||||
| Date | Type | Description | Pending? | Document |
| 07/02/2002 | Filing Fee | Filing Fee Waived. | ||
| 07/02/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 02-11306 | |
| 07/23/2002 | Order/Procedural | Filed Order. Appellant filed his notice of appeal in proper person. It appears that appellant was represented by Ted Herrera during the lower court proceedings. Ted Herrera is order to comply with NRAP 3C and, within 10 days from the date of this order, file a transcript request form or a certificate stating that no transcript is required and file a fast track statement and appendix within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. | 02-12637 | |
| 09/25/2002 | Order/Procedural | Filed Order/Fast Track. To date, no fast track statement has been filed. Mr. Herrera shall file and serve the fast track statement and appendix within 10 days of this order or show cause why Mr. Herrera should not be sanctioned. | 02-16610 | |
| 11/07/2002 | Order/Procedural | Filed Order. To date, Mr. Herrera has failed to respond or to file the fast track statement. This court concludes that Mr. Herrera's dilatory actions and neglect of his obligations to this court and his client require his removal as counsel of record. We remand this appeal to the district court for a determination of whether appellant is indigent. If indigent, the district court shall have 30 days within which to appoint counsel for appellant. If not indigent, the district court shall forthwith inform appellant. Appellant shall have 30 days to secure new counsel and have counsel enter an appearance with this court. The clerk of the district court shall promptly file with the clerk of this court, a copy of the district court's written or minute order, and serve a copy of this order on appellant's counsel. Whether appointed or retained, new counsel shall enter an appearance with the clerk of this court within 10 days of appointment or retention. Counsel shall, within 10 days of appointment, file on behalf of appellant, transcript request form or certificate stating that no transcripts are required and shall file the fast track statement and appendix within 60 days. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. | 02-19204 | |
| 11/26/2002 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: William E. Schaeffer. | 02-20414 | |
| 12/02/2002 | Transcript Request | Filed Certificate of No Transcript Request. | 02-20546 | |
| 12/09/2002 | Notice/Incoming | Filed Proof of Service. for certificate of no transcript request. | 02-20999 | |
| 01/07/2003 | Fast Track Brief | Filed Fast Track Statement. | 03-00325 | |
| 01/07/2003 | Appendix | Filed Appendix to Fast Track Statement. | ||
| 01/24/2003 | Motion | Filed Stipulation. Stipulation for Withdraw of Defense Counsel. | 03-01337 | |
| 01/29/2003 | Motion | Filed Motion. Notice of Attorney's Withdrawal. | 03-01605 | |
| 01/29/2003 | Motion | Filed Stipulation. Stipulation for Withdrawal of Defense Counsel. | 03-01607 | |
| 02/03/2003 | Notice/Incoming | Filed Proof of Service. (Notice of Attorney's Withdrawal). | 03-01805 | |
| 02/06/2003 | Order/Procedural | Filed Order Granting Motion. to allow appellant's counsel to withdraw as counsel of record in this appeal. Because counsel for appellant has assumed his duties as Esmeralda County District Attorney, the motion is granted. We remand this appeal to the district court for the limited purpose of securing appellate 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. | 03-02085 | |
| 02/18/2003 | Order/Incoming | Filed District Court Order. Filed copy of order filed in district court on 2/14/03 appointing Mary Lou Wilson as counsel for appellant. | 03-02713 | |
| 03/04/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Mary Lou Wilson. | 03-03584 | |
| 03/04/2003 | Transcript Request | Filed Certificate of No Transcript Request. | 03-03585 | |
| 03/06/2003 | Fast Track Brief | Filed Fast Track Statement. | 03-03791 | |
| 03/06/2003 | Appendix | Filed Appendix to Fast Track Statement. Joint Appendix. | ||
| 05/28/2003 | Order/Procedural | Filed Order. To date, no fast track response has been filed in this court. The Lander County District Attorney shall have 20 days from the date of this order to file and serve the fast track response. | 03-08893 | |
| 06/18/2003 | Fast Track Brief | Filed Fast Track Response. | 03-10160 | |
| 09/04/2003 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP04S-NB/MS/MG | 03-14826 | |
| 09/30/2003 | Remittitur | Issued Remittitur. | ||
| 09/30/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 10/09/2003 | Remittitur | Filed Remittitur. Received by County Clerk on October 1, 2003. | 03-14884 | |