| Case Information: 44242 | |||
| Short Caption: | REED (DAVID) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 59899 , 75732 , 75732-COA | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C196993 | Classification: | Criminal Appeal - Fast Track - Direct |
| Disqualifications: | Case Status: | Disposition Filed/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 |
| 11/15/2004 | Filing Fee | Filing Fee Waived. | ||
| 11/15/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 04-20872 | |
| 11/24/2004 | Motion | Filed Motion. Dean Y. Kajioka of the law firm of Kajioka & Associates as counsel for appellant. | 04-21620 | |
| 11/24/2004 | Order/Procedural | Filed Order/Show Cause. Appellant 's counsel Brian R. Bloomfield shall have 20 days from the date of this order within which to show cause why this appeal should not be dismissed for lack of jurisdiction. The deadlines for the filing of documents pursuant to NRAP 3C are suspended until further order of this court. | 04-21639 | |
| 12/13/2004 | Motion | Filed Motion to Extend Time. To Answer the Order to Show Cause. | 04-22713 | |
| 12/14/2004 | Order/Clerk's | Filed Clerk's Order Granting Motion. filed December 13, 2004. Appellant shall have until December 21,2004, to file and serve his response to the order to show cause why this appeal should not be dismissed for lack of jurisdiction. | 04-22802 | |
| 12/27/2004 | Motion | Filed Response to Order to Show Cause. | 04-23507 | |
| 01/07/2005 | Order/Procedural | Filed Order. we conclude that we have jurisdiction over this appeal. On November 24, 2004, appellant's appointed counsel filed a motion to withdraw as counsel for appellant. In the affidavit in support of the motion, counsel informs this court that he believes that appellant wishes to assert claims of ineffective assistance in this appeal. Counsel may not withdraw until he has fulfilled the obligations placed on trial counsel by NRAP 3C(b). Specifically, counsel must first file a rough draft transcript request form and a fast track statement. Additionally, appellant should note that claims of ineffective assistance of counsel are more appropriately raised in the district court in the first instance by way of a petition for post-conviction relief. The motion to withdraw is therefore denied. Brian R. Bloomfield is hereby ordered to comply with NRAP 3C and, within 10 days from the date of this order, file on behalf of this appellant a transcript request form in compliance with NRAP 3C, or a certificate stating that no transcript is required in this appeal. Further, Bloomfield shall file a fast track statement within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. | 05-00386 | |
| 01/20/2005 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 09/23/04 and 09/30/04. Court Reporter: Richard Kangas. Filed in district court on: 01/18/05. | 05-01271 | |
| 02/10/2005 | Motion | Filed Motion to Dismiss Appeal. | 05-02735 | |
| 02/28/2005 | Order/Dispositional | Filed Voluntary Dismissal. On February 10, 2005, counsel for appellant filed a motion to withdraw this appeal voluntarily. Appellant consents to a voluntary dismissal of this appeal. Cause appearing, the motion is granted and we 'ORDER this appeal DISMISSED." fn1[Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.] NNP05-WM/MD/RP | 05-03892 | |
| 02/28/2005 | Case Status Update | Case Closed. No remittitur issued. | ||