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United States Court Cases

Nevada Supreme/Appellate Court Record

ROMERO (MARK) VS. STATE C/W 30762

Case Information: 30779
Short Caption:ROMERO (MARK) VS. STATE C/W 30762Court:Supreme Court
Consolidated: 30762 *, 30779
Lower Court Case(s):Clark Co. - Eighth Judicial District - C132742Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:11/22/2000How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/23/1997Filing Fee Filing Fee Waived.
07/23/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.
10/07/1997Order/ProceduralFiled Order. The district court shall have 30 days to (1) enter a written judgment or order or (2) inform this court that it is reconsidering its decision. If the district court enters a written judgment or order (or has already entered a written judgment or order of which we are unaware) the clerk of the district court shall immediately transmit a certified copy of the judgment or order to the clerk of this court. Our review of the district court minutes indicates that on July 15, 1997, in the district court, Lizzie Hatcher, Esq. confirmed as Appellant's counsel on appeal. Lizzie Hatcher, Esq. shall have 10 days from the date of this order to enter an appearance in this court. fn2[All filing deadlines, 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.]
10/15/1997Other Other. Received certified copy of Judgment of Conviction filed August 8, 1997, from Clark County Clerk.
10/16/1997Notice/IncomingFiled Notice of Appearance. Representing Appellant: Lizzie R. Hatcher, Esq. (Docketing Statement and copy of October 7, 1997, order mailed to counsel for appellant.)
12/12/1997Order/ProceduralFiled Case Processing Order. To date, Appellant has failed to file the following documents: 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.
12/22/1997Other Other. Filed Certificate of Mailing.
12/23/1997Docketing StatementFiled Docketing Statement.
12/23/1997Transcript RequestFiled Request for Transcript of Proceedings.
12/23/1997Other Other. Filed Designation of Record.
01/21/1998Order/ProceduralFiled Case Processing Order. In each of the above-entitled appeals, counsel for Appellant has filed a transcript request form and a designation of record. Appellant's designations of the record on appeal filed in these matters are of no effect. Further, we note that Appellant has filed non-conforming transcript request forms. Counsel has either failed to read the rules or does not have the most current version of the Nevada Rules of Appellate Procedure. Future failures to properly prosecute this appeal may result in the imposition of sanctions against counsel. Nos. 30762 and 30779.
09/03/1998Other Incoming DocumentReceived Proper Person Document. Emergency Writ of Mandamus (Motion to Compel Attorney Lizzie Hatcher to file Opening Briefs. Nos. 30762 and 30779. RETURNED PER ORDER FILED 9/23/98.
09/03/1998MotionReceived Proper Person Motion. Motion for Leave to Proceed in Proper Person. Nos. 30762 & 30779.
09/23/1998Order/ProceduralFiled Case Processing Order. On December 23, 1997, Appellant submitted a late Docketing Statement in Docket No. 30762. To date, Appellant has not filed a motion to file the late Docketing Statement. In the interest of judicial economy, we direct the clerk to file Appellant's late Docketing Statement in Docket No. 30762. We elect to consolidate the above-entitled matters for the purposes of briefing and disposition and direct the Appellant to file a single Opening Brief and Appendix in this consolidated matter within 20 days of the date of this order. Failure to file the Opening Brief and Appendix, in accordance with this order may result in the imposition of sanctions against counsel for Appellant. On September 3, 1998, Appellant submitted a proper person motion for leave to proceed in proper person on his Petition for Writ of Mandamus submitted with the motion. fn1[Appellant has not been granted leave to file briefs or papers herein. We have received and considered Appellant's proper person submissions.] We deny Appellant's request to proceed in proper person and direct the clerk to return, unfiled, Appellant's proper person Petition for Writ of Mandamus. Nos. 30762, 30779.
09/23/1998Other Other. Returned unfiled with letter: original proper person Petition for Writ of Mandamus in Docket No. 30762 and copy of proper person Petition for Writ of Mandamus in Docket No. 30779. Nos. 30762, 30779.
09/30/1998Letter/IncomingReceived Proper Person Letter. Addressed to Chief Justice Springer regarding attorney Lizzie Hatcher (received 9/24/98 - received the original only - Case Nos. 30762 & 30779).
11/17/1998Other Incoming DocumentReceived Proper Person Document. Ex Parte Motion for leave to proceed in Proper Person. Nos. 30762/30779.
11/17/1998Other Incoming DocumentReceived Proper Person Document. Motion to Withdraw and appoint counsel and impose sanctions. Nos 30762/30779.
01/19/1999Letter/IncomingFiled Letter. from attorney Lizzie R. Hatcher. Necessary pleadings in these matters will be filed by January 20, 1999. Nos. 30287, 30762, 30779, 30885, 32179.
02/01/1999MotionFiled Motion to Extend Time. Appellant's Opening Brief and Appendix. (Nos. 30762 & 30779).
02/04/1999Other Incoming DocumentReceived Proper Person Document. Emergency Writ of Mandamus. (Received the original and 2 copies - 1 returned to Appellant.)
03/12/1999Order/Clerk'sFiled Clerk's Order. Appellant's February 1, 1999, motion seeking an extension of time until February 3, 1999, to file the Opening Brief and Appendix is denied as moot. Appellant shall have 10 days from the date of this order to serve and file the Opening Brief and Appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 30762, 30779.
09/15/1999Letter/IncomingReceived Proper Person Letter. From Appellant Mark Romero re: failure of attorney Lizzie Hatcher to represent him. (Addressed to Chief Justice Rose and received on July 16, 1999.) Nos. 30762, 30779.
10/01/1999Order/ProceduralFiled Case Processing Order. Order of Limited Remand for Appointment of Counsel. We are dissatisfied with attorney Hatcher's handling of this matter. We remove attorney Hatcher as counsel of record for Appellant in these consolidated matters and remand these matters to the district court for the limited purpose of appointing new counsel to represent Appellant within 20 days from the date of this order. The clerk of the district court shall, within 30 days from the date of this order, serve upon newly appointed counsel a copy of this order and inform the clerk of this court of the appointment. Appointed counsel shall file a notice of appearance with this court within 10 days of appointment and within 90 days from appearance with this court, serve and file a single consolidated Opening Brief and Appendix. Thereafter, briefing shall proceed in accordance with NRAP 31 (a)(1). Attorney Lizzie R. Hatcher shall, within 10 days from the date of this order, personally pay the sum of $250 to the Clark County Law Library and separately provide the clerk of this court with proof of payment of the sanction. Failure to comply with this order in a timely manner will likely result in the imposition of additional sanctions, including , but not limited to, referral of this matter to the State Bar of Nevada for investigation and possible disciplinary action. Although Appellant has not been granted leave to file briefs or papers, we have received and considered Appellant's submissions. In light of this order, we deny as moot Appellant's requests for relief. (Order mailed to attorney Hatcher by regular and certified mail.) Nos 30762, 30779
11/02/1999Other Other. Filed Notice of Appointment of Counsel. Robert R. Langford is appointed to represent Appellant. (Nos. 30762 & 30779)
11/02/1999Other Other. Filed Copy of Minutes appointing Robert R. Langford as counsel. (Nos. 30762 & 30779)
01/28/2000MotionFiled Motion to Extend Time. (Nos. 30762 and 30779)
02/22/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including April 3, 2000, to file and serve the Opening Brief and Appendix. Nos. 30762 & 30779.
04/10/2000Other Other. Filed NRAP 10(c) Statement. (Re: missing tape of 3/18/97 hearing.) Nos. 30762 & 30779.
04/10/2000MotionFiled Motion to Extend Time. Nos. 30762 & 30779.
04/10/2000BriefReceived Opening Brief. Appellant's Opening Brief. Mailed on: 4/7/00. Nos. 30762 & 30779.
04/10/2000AppendixReceived Appendix. Appellant's Appendix of Record. Nos. 30762 & 30779.
04/13/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall forthwith file the Opening Brief and Appendix, submitted provisionally on April 10, 2000. Respondent shall have 30 days from the date of this order to file the Answering Brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 30762 & 30779.
04/13/2000BriefFiled Opening Brief. Appellant's Opening Brief. (Original Brief in No. 30762.) Nos. 30762, 30779.
04/13/2000AppendixFiled Appendix. Appellant's Appendix of Record. (Original Appendix in No. 30762.) Nos. 30762 & 30779.
05/17/2000BriefFiled Answering Brief. Respondent's Answering Brief. Mailed on: Express - No Postmark.) Nos. 30762 & 30779.
11/22/2000Order/ProceduralFiled Order. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein (nos. 30762/30779).
11/22/2000Case Status Update Submitted for Decision. SNP00A-1 (CY/RR/NB). nos. 30762/30779.
12/15/2000Order/DispositionalFiled Order of Affirmance. Under the unique circumstances of this case, we conclude that reversing and remanding the case for a new trial is unnecessary because a meaningful appellate review was conducted despite the unavailability of the transcript for the first day of trial. " . . . we affirm the judgments of the district court." SNP00A-1-CY/RR/NB Nos. 30762, 30779. 00-21931
01/10/2001RemittiturIssued Remittitur. 00-22030
01/10/2001Case Status Update Remittitur Issued/Case Closed.
02/20/2001RemittiturFiled Remittitur. Received by County Clerk on January 12, 2001. 00-22030