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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 35981
Short Caption:LAPENA (FRANK) VS. STATECourt:Supreme Court
Related Case(s): 29429
Lower Court Case(s):Clark Co. - Eighth Judicial District - C59791Classification:Criminal Appeal - Life - Post-Conviction
Disqualifications:Leavitt, MaupinCase Status:Case Closed
Replacement:Justice Agosti for Justice LeavittPanel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:05/15/2003How Submitted:On Briefs

+ Party Information

Docket Entries
04/20/2000Filing Fee Filing Fee Waived.
04/20/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 00-06312
05/09/2000Order/ProceduralFiled Order re: Transmit Judgment or Order and Record on Appeal. Certified copy of final order due: 30 days. Certified copy of the Record on Appeal (must include any previously prepared transcripts) due: 120 days. fn2[The record shall not include any exhibits filed in the district court.] 00-07590
06/19/2000Notice/IncomingFiled Notice of Appearance. Representing appellant: Carmine J. Colucci. (Docketing Statement mailed to counsel for appellant.) 00-10424
06/19/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 00-10426
06/19/2000Notice of Appeal DocumentsFiled Case Appeal Statement. (Amended) Filed in district court on: June 14, 2000. 00-10427
06/20/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. 00-10517
06/23/2000Order/IncomingFiled District Court Order. Certified copy of Findings of Fact, Conclusions of Law and Order filed in district court on June 8, 2000. 00-10782
07/06/2000Order/ProceduralFiled Order. Because counsel has appeared in this appeal, this court vacates that portion of our May 9, 2000 order directing the district court to transmit to the clerk of this court a certified copy of the complete record on appeal. On May 9, 2000, this court also order the district court to enter a written judgment or order denying appellant's petition. On June 23, 2000, this court received and filed the district court's order denying appellant's petition. Therefore, no further action is required regarding that portion of our order. 00-11510
07/10/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/08/99; 11/10/99; 02/11/00; and 3/24/00. To Court Reporter: Joseph D'Amato. 00-11740
07/10/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 9/20/99; 11/4/99; 12/13/99; and 3/17/00. To Court Reporter: Maureen Schorn. 00-11741
07/12/2000Other Other. Re-mailed copy of docketing statement to counsel for appellant. Counsel never received docketing statement that was mailed on 6/19/00.
07/13/2000TranscriptFiled Transcript. Proceedings: 09/20/99; 11/04/99; 12/13/99; and 03/17/00. Court Reporter: Maureen Schorn. 00-12116
07/27/2000TranscriptFiled Transcript. Proceedings: November 8, 1999, 9:00 a.m.; Novemer 10,, 1999, 9:00 a.m.; February 11, 2000, 11:00 a.m.; March 24, 2000, 11:00 a.m. Court Reporter: Joseph A. D'Amato. 00-13072
07/31/2000Docketing StatementFiled Docketing Statement. 00-13183
10/16/2000MotionFiled Stipulation and Order. Brief due: 11/17/00. 00-18341
10/31/2000OtherDisqualification of Justice Maupin. (personal knowledge of case).
10/31/2000OtherDisqualification of Justice Leavitt. (sat in district court proceedings).
11/20/2000MotionFiled Motion for Excess Pages. Motion for Leave to File an Opening Brief in Excess of 30 Pages. 00-20317
11/20/2000BriefReceived Opening Brief. Mailed on: 11/17/00. 00-20320
11/20/2000AppendixReceived Appendix. Volumes 1 through 4. 00-20323
12/20/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's unopposed motion for leave to file an opening brief in excess of thirty pages. The clerk of this court shall file the 55 page opening brief and the four-volume appendix provisionally received on November 20, 2000. Respondent shall have 30 days from the date of this order to file an answering brief. 00-22174
12/20/2000BriefFiled Opening Brief. Mailed on: 11/17/00. STRICKEN BY ORDER 05/13/02. 00-20320
12/20/2000AppendixFiled Appendix to Opening Brief. Volumes 1 through 4. ORDER 05/13/02: APPELLANT'S APPENDIX, VOLUMES 1 THROUGH 4, STRICKEN AND RETURNED TO ATTORNEY COLUCCI, 00-20323
12/21/2000MotionFiled Motion and Order Extending Time. Brief due: January 20, 2001. 00-22227
01/23/2001MotionFiled Motion. Motion to Hold Briefing Schedule in Abeyance. 01-01439
10/16/2001Order/ProceduralFiled Order. Appellant has submitted two motions in proper person. We note that appellant is represented by counsel in this appeal. We decline to grant permission to appellant to file documents in proper person. The clerk of this court shall return, unfiled, the proper person documents received on December 21, 2000. Appellant shall proceed hereafter through, and address all inquiries concerning this appeal to, counsel. On January 23, 2001, respondent filed a motion requesting that the briefing schedule in this appeal be stayed pending resolution of the proper person motions. In light of this order, we deny that motion as moot. Respondent shall file and serve the answering brief within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 01-17447
10/16/2001Notice/OutgoingIssued Letter. to appellant Frank R. LaPena. Returned unfiled, the original proper person Motion for Leave to File Proper Person Brief's and Motion to Amend or Supplement Record on Appeal, received on December 21, 2000.
11/15/2001MotionFiled Motion. Motion to Amend Appellant's Opening Brief and Supplement the Record. 01-19037
05/13/2002Order/ProceduralFiled Order Granting Motion. to amend the opening brief and to supplement the record, filed November 15, 2001. Mr. Colucci may file an amended opening brief and an amended appendix in place of the opening brief and appendix that were filed on December 20, 2000. The clerk of this court shall strike the opening brief and appendix filed on December 20, 2000, and return the original copy of the appendix to appellant so that it may be utilized, as far as practical, in preparation of an amended appendix. Appellant shall file the amended opening brief and appendix within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 02-08292
05/13/2002Notice/OutgoingIssued Letter. Returned Appellant's Appendix Vols. 1-4 with letter to attorney Colucci.
06/13/2002MotionFiled Motion for Excess Pages. 02-10285
06/27/2002Order/ProceduralFiled Order Granting Motion. filed June 13, 2002. The clerk shall file the 72-page amended opening brief and the appendix that were received on June 13, 2002. 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). 02-11091
06/27/2002BriefFiled Amended Brief. Appellant's Amended Opening Brief. Mailed on: 06/11/02. 02-10286
06/27/2002AppendixFiled Appendix. Appellant's Amended Appendix. Vols. 1 through 4. 02-10287
07/17/2002MotionFiled Stipulation and Order. Brief due: August 28, 2002. 02-12233
08/29/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-15035
08/29/2002AppendixFiled Appendix to Answering Brief. 02-15036
09/26/2002MotionFiled Stipulation and Order. Brief due: October 28, 2002. 02-16669
10/24/2002MotionFiled Motion to Extend Time. 02-18409
10/24/2002Order/ProceduralFiled Order Granting Motion. filed October 24, 2002. Appellant shall have until December 2, 2002, to file and serve the reply brief. 02-18425
12/04/2002BriefFiled Reply Brief. Mailed on 12/2/02. 02-20733
12/04/2002AppendixFiled Appendix to Reply Brief. 02-20734
05/15/2003Case Status Update Submitted for Decision.
05/22/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-DA/MS/NB 03-08646
06/02/2003Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Motion to Allow Oral Argument before the En Banc Court. 03-09186
06/17/2003RemittiturIssued Remittitur. 03-08991
06/17/2003Case Status Update Remittitur Issued/Case Closed.
07/16/2003Order/ProceduralFiled Order Denying Motion. On June 2, 2003, appellant filed a motion requesting oral argument before the en banc court. The motion is unopposed. Appellant's motion is essentially a request for en banc reconsideration of the panel's decision entered on May 22, 2003. Appellant should have timely petitioned the three-justice panel for rehearing pursuant to NRAP 40. fn1[The time to file a timely petition for rehearing under NRAP 40 has now expired. The remittitur issued on June 17, 2003. Any forthcoming petition for rehearing must be accompanied by a motion requesting permission to file the untimely petition and to recall the remittitur.] In the event that the panel denied rehearing, appellant could have then petitioned for en banc reconsideration. Under these circumstances, we deny appellant's motion for en banc argument. fn2[The Honorable Myron E. Leavitt, Justice and the Honorable A. William Maupin, Justice, did not participate in the decision of this matter.] EN BANC 03-11988
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on June 20, 2003. 03-08991