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United States Court Cases

Nevada Supreme/Appellate Court Record

HARRIS (JOHN) VS. STATE

Case Information: 30789
Short Caption:HARRIS (JOHN) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C116797Classification:Criminal Appeal - Other - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:02/07/2000How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/24/1997Filing Fee Filing Fee Waived.
07/24/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day.
10/07/1997Order/ProceduralFiled Order/Temporary Remand. 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 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 the appointment or appearance of counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellant's counsel. Thereafter, counsel shall have 10 days to enter an appearance with the clerk of this court. 1[All filing deadline, including those set forth in NRAP 9, NRAP 14, and NRAP 31(a)(1), shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court].
10/23/1997Order/IncomingFiled District Court Order. Certified copy of order filed in district court on 10/21/97 appointing Alan R. Harter as counsel for appellant. (mailed copy of 10/7/97 order and docketing statement).
10/27/1997Notice/IncomingFiled Notice of Appearance. Representing appellant: Alan R. Harter, Esq.
12/12/1997Order/ProceduralFiled Order. To date, appellant has failed to file the Transcript Request Form and Docketing Statement. Appellant shall, within 15 days from the date of this order, file the required documents or show cause why sanctions should not be imposed against counsel for appellant.
07/29/1998Order/CounselFiled Order/Sanctions. To date, appellant has not responded to this court's December 12, 1997, order. We conclude that attorney Harter's handling of this appeal warrants the imposition of monetary sanctions. Attorney Harter shall personally pay to the Clark County Law Library the sum of $250 and shall provide the clerk of this court with proof of such payment within 15 days from the date of this order. Attorney Harter shall have 10 days from the date of this order to file the transcript request form and certificate of no transcript request and the docketing statement, and shall have 20 days from the date of this order to file the opening brief. Failure to comply with this order in a timely manner may result in the imposition of additional sanctions, including referral to the State Bar of Nevada for investigation and any appropriate disciplinary action relating to the representation of appellant in this matter. (Docketing statement mailed to counsel for appellant. Order mailed to attorney Harter by regular and certified mail).
06/08/1999Order/ProceduralFiled Order. Order Referring Counsel to State Bar and Remanding for the Limited Purpose of the Appointment of New Counsel. Attorney Harter has failed to comply with our orders or otherwise to communicate with this court. We hereby remove attorney Harter as counsel of record for appellants herein. We refer these matters to the State Bar of Nevada for investigation and, if appropriate, disciplinary proceedings regarding attorney Harter's conduct and failure to prosecute these appeals in an appropriate manner. We remand Docket No. 29734 to Department 10 and Docket No. 30789 to Department 5 of the Eighth Judicial District Court for the appointment of new counsel to represent appellants. The district court shall, within 30 days of the date of this order, appoint new counsel; shall immediately advise the clerk of this court of the date of appointment and name of the attorneys appointed and provide this court with proof of such service within 10 days of appointment. Newly-appointed counsel shall enter an appearance with this court within 10 days of appointment and shall, within 90 days file and serve opening briefs and appendices. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 1[Newly appointed counsel in Docket No. 30789 shall, within 30 days of appointment, file and serve a docketing statement and a transcript request form or a certificate of no transcript request]. (Copy of order mailed to attorney Harter by regular and certified mail). Nos. 29734 and 30789.
07/22/1999Notice/IncomingFiled Notice of Appearance. Representing appellant: JoNell Thomas. (Docketing Statement mailed to counsel for appellant.)
07/22/1999Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/16/93, 1/25/94, 1/28/94, 3/17/94, 4/19/94, 5/12/94, 12/8/94, 2/27/96, 10/17/96, 11/19/96, 11/7/96, 12/5/96, 12/19/96, 1/20/97, 5/15/97, 5/22/97, 6/5/97, 7/14/97, 9/18/97 and 10/16/97. To Court Reporters: Shirlee Christofferson, Shirlee Prawalsky, Debra Winn, Arlene Blazi and Robert Mintun.
07/26/1999Notice of Appeal DocumentsReceived District Court Minutes. (placed in correspondence file).
07/28/1999Docketing StatementFiled Docketing Statement.
08/06/1999TranscriptFiled Transcript. Proceedings: 12/16/93, 1/25/94, 1/28/94, 3/17/94, 4/19/94, 5/12/94, 12/8/94, 2/27/96, 10/17/96, 11/19/96, 11/7/96, 12/5/96, 12/19/96, 1/30/97, 5/15/97, 5/22/97, 6/5/97, 7/14/97, 9/18/97 and 10/16/97. Court Reporters: Shirlee Christofferson, Shirlee Prawalsky, Debra Winn, Arlene Blazi and Robert Mintun.
10/18/1999BriefFiled Opening Brief. Mailed on: 10/13/99.
10/18/1999AppendixFiled Joint Appendix.
11/18/1999BriefFiled Answering Brief. Mailed on: Express-No postmark.
12/23/1999BriefFiled Reply Brief. Mailed on: 12/20/99
02/07/2000Order/ProceduralFiled Order. Submitted date: February 7, 2000.
02/07/2000Case Status Update Submitted for Decision.
05/26/2000Other Other. Received change of address of JoNell Thomas. New address is 616 South 8th Sreet-Las Vegas 89101.
09/13/2000Order/DispositionalFiled Order of Remand. " . . . we vacate the district court's order revoking appellant's probation and imposing the original sentence, and we remand this matter to the district court for further probation revocation proceedings that comport with appellant's due process rights." fn4[In light of our resolution of this appeal, we decline to consider appellant's remaining contentions.] fn5[This order constitutes our final disposition of this appeal. Any subsequent appeal shall be docketed as a new matter.] SNP99B-WM/MS/NB. 00-16127
10/10/2000RemittiturIssued Remittitur. 00-16215
10/10/2000Case Status Update Remittitur Issued/Case Closed.
11/29/2000RemittiturFiled Remittitur. Received by County Clerk on October 18, 2000. 00-16215
06/18/2003Notice/IncomingFiled Proof of Payment of Sanction. Alan R. Harter - check no. 3630 in the amount of $250.00.