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United States Court Cases

Nevada Supreme/Appellate Court Record

KISER (RUSSELL) VS. STATE

Case Information: 38089
Short Caption:KISER (RUSSELL) VS. STATECourt:Supreme Court
Related Case(s): 51742
Lower Court Case(s):Clark Co. - Eighth Judicial District - C170276Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:05/12/2003 at 11:00 AMOral Argument Location:Las Vegas Office
Submission Date:05/12/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/25/2001Filing Fee Filing Fee Waived.
06/25/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 01-10699
07/02/2001MotionFiled Motion. 01-11125
07/11/2001Order/ProceduralFiled Order Denying Motion. On July 2, 2001, counsel for appellant filed a motion to withdraw as appellant's attorney of record. The motion for withdraw is denied. Counsel for appellant shall have 30 days form the date of this order within which to file and serve the fast track statement and appendix or show cause why counsel for appellant should not be sanctioned. 01-11742
08/07/2001Other Returned Unfiled Document. (appendix attached)
08/13/2001Fast Track BriefFiled Fast Track Statement. 01-13753
08/13/2001AppendixFiled Appendix to Fast Track Statement. 01-13754
08/13/2001Letter/IncomingFiled Letter. from appellant's attorney James Buchanan. Attached is an order allowing defendant to proceed in forma pauperis wherein the state shall pay for the rough draft transcripts. 01-13755
08/22/2001MotionFiled Motion to Strike. (Fast Track Statement). 01-14277
08/30/2001MotionFiled Response to Motion. Opposition to Motion to Strike Fast Track Statement. 01-14718
09/12/2001Order/ProceduralFiled Order Granting Motion. filed July 2, 2001. Because counsel for appellant has in substance fulfilled the obligations placed on trial counsel by NRAP 3C(b), Mr. Buchanan's motion to withdraw as counsel for appellant is granted. fn2[The granting of this motion is conditioned upon trial counsel's full cooperation with appellate counsel during the pendency of this appeal.] 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. We have determined that full briefing will assist the court in the idposition of this appeal. Appellate counsel, whether appointed or retained, shall have 60 days from the date appellate counsel enters an appearance in this court to file the opening brief. The answering brief and areply brief shall be filed in compliance with NRAP 31. fn4[The State's motion to strike the fast track statement is denied as moot.] 01-15457
10/05/2001Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on October 3, 2001 enclosing a copy of minute order. Christopher Oram appointed as counsel for appellant on September 26, 2001. 01-16806
10/18/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Christopher R. Oram. 01-17659
10/31/2001Order/ProceduralFiled Order. On October 18, 2001, Christopher R. Oram entered an appearance in this appeal. Mr. Oram shall have 15 days from the date of this order to file the docketing statement and a transcript request form or certificate of no transcript request. Mr. Oram shall file the opening brief in accordance with this court's order of September 12, 2001. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to counsel for appellant.) 01-18211
11/15/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/03/00-9/26/01. To Court Reporter: Yvonne Valentin. 01-19058
11/15/2001MotionFiled Motion to Extend Time. 01-19059
11/21/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed November 15, 2001. Appellant's docketing statement shall be filed and served by November 29, 2001. 01-19576
11/30/2001Docketing StatementFiled Docketing Statement. 01-20058
12/18/2001MotionFiled Motion and Order Extending Time. Brief due: January 15, 2002. 01-21327
12/24/2001Notice/IncomingFiled Proof of Service. (Motion for Extension of Time to File Opening Brief). 01-21663
01/15/2002MotionFiled Motion to Extend Time. 02-01000
02/15/2002MotionFiled Motion to Extend Time. 02-03023
03/08/2002Order/ProceduralFiled Order. Cause appearing, we grant the motions filed on January 15, 2002 and February 15, 2002. Appellant shall have until April 29, 2002, to file and serve the opening brief and appendix. On November 15, 2001, appellant filed a transcript request form requesting the production of transcripts by court reporter Yvonne Valentin. Appellant specifically requested 'every and all pleadings in file' for dates '10/03/00 – 9/26/01.' We note that this range of dates encompasses 259 days. We conclude that the transcript request form is ambiguous and does not comply with the Nevada Rules of Appellate Procedure. Appellant shall file and serve an amended transcript request form that complies with NRAP 9(a) within 10 days from the date of this order. The amended transcript request form shall specify each proceeding for which transcripts are being requested, the date or dates that particular proceeding was conducted, and the name of the court reporter who recorded that particular proceeding. Further, within the same time period, appellant shall serve each court reporter named in the transcript request form with a copy of the transcript request form. NRAP 9(a). 02-04233
03/18/2002TranscriptFiled Transcript. Proceedings: March 19, 2001. Court Reporter: Yvonne Valentin. 02-04832
03/19/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/4/01; 8/1/01; 9/26/01. To Court Reporter: Dina Dalton. 02-04953
03/19/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 4/23/01; 3/12/01. To Court Reporter: Joann Orduna. 02-04954
03/19/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/10/01. To Court Reporter: Margaret Cardwell. 02-04956
03/19/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/3/00. To Court Reporter: Shirlee Prawalsky. 02-04957
04/11/2002TranscriptFiled Transcript. Proceedings: January 10, 2001. Court Reporter: Peggy Isom. 02-06465
04/29/2002MotionFiled Motion to Extend Time. 02-07488
05/23/2002Order/ProceduralFiled Order. To date, Ms. Dalton, Ms. Orduna, and Ms. Prawalsky, have failed to prepare and file the transcripts requested of them. Transcripts due in 20 days: Ms. Dalton, transcript of proceedings for June 4, 2001, August 1, 2001, and September 26, 2001; Ms. Orduna, transcript of proceedings for April 23, 2001, and March 12, 2001; and Ms. Prawalsky, transcript of proceedings for October 3, 2000. If Ms. Dalton, Ms. Orduna, and Ms. Prawalsky need additional time to prepare and file the requested transcripts, they shall file a motion requesting an extension of time or if the requested transcripts cannot be produced they shall notify this court, in writing, of this fact. On April 29, 2002, appellant filed a motion requesting a fourth extension of time to file the opening brief and appendix. Cause appearing, we grant the motion. Appellant shall have 40 days from the date of this order to file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 02-09117
06/06/2002TranscriptFiled Transcript. Proceedings: 10/3/00. Court Reporter: Shirlee Prawalsky. 02-09925
06/24/2002TranscriptFiled Transcript. Proceedings: Thursday, March 15, 2001; Friday, March 16, 2001; Monday, April 23, 2001. Court Reporter: JoAnn Orduna. 02-10868
07/03/2002BriefFiled Opening Brief. Mailed on: Fed Ex 07/02/02. 02-11377
07/03/2002AppendixFiled Appendix to Opening Brief. 02-11378
08/02/2002MotionFiled Stipulation and Order. Brief due: September 3, 2002. 02-13242
09/05/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-15263
10/02/2002MotionFiled Motion and Order Extending Time. Brief due: November 1, 2002. 02-17033
11/01/2002MotionFiled Motion to Extend Time. 02-18806
11/05/2002Order/ProceduralFiled Order Granting Motion. filed November 1, 2002. Appellant shall have until November 15, 2002, to file and serve the reply brief. 02-19044
11/15/2002MotionFiled Motion to Extend Time. 02-19738
11/25/2002Order/ProceduralFiled Order Granting Motion. filed filed November 15, 2002. Appellant shall have until December 16, 2002, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 02-20208
12/17/2002BriefFiled Reply Brief. Mailed on: Fed Ex 12/16/02. 02-21558
04/16/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on May 12, 2003, at 11:00 a.m. (SNP03-MS/ML/NB)
04/28/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
05/12/2003Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP03-MS/ML/NB
06/03/2003Order/DispositionalFiled Dispositional Order/Appeal. Order of Reversal and Remand. "ORDER the judgment of conviction REVERSED AND REMAND this matter to the district court for proceedings consistent with this order." SNP03-MS/ML/NB 03-09269
07/01/2003RemittiturIssued Remittitur. 03-09320
07/01/2003Case Status Update Remittitur Issued/Case Closed.
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on July 3, 2003. 03-09320