| Case Information: 33454 | |||
| Short Caption: | BORG (RICHARD) VS. STATE | Court: | Supreme Court |
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CR96P2322 | Classification: | Criminal Appeal - Other - Post-Conviction/Proper Person |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 02/10/1999 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 12/10/1998 | Filing Fee | Filing Fee Waived. | ||
| 12/10/1998 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | 98-00324 | |
| 01/19/1999 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Record due: 120 days. [fn1]--The record shall not include any exhibits filed in the district court. Nos. 33356, 33363, 33364, 33439, 33454, 33473. | 99-00315 | |
| 02/10/1999 | Record on Appeal Documents | Filed Record on Appeal Copy. | 99-00942 | |
| 02/10/1999 | Case Status Update | Submitted for Decision. | ||
| 03/02/2001 | Order/Procedural | Filed Order/Temporary Remand. Order of Limited Remand for Entry of Specific Findings of Fact and Conclusions of Law. The district court shall have 20 days from the date of this order to enter an amended written order which resolves appellant's entire habeas corpus petition and which contains specific findings of fact and conclusions of law. Once the district court enters the order, the clerk of the district court shall immediately transmit a certified copy of the order to the clerk of this court as a supplemental record on appeal. | 01-03906 | |
| 06/04/2001 | Order/Procedural | Filed Order/Temporary Remand. Order of Limited Remand for Entry of Specific Findings of Fact and Conclusions of Law. Within 20 days from the date of this order, we again direct the district court to enter an amended written order which resolves appellant's entire habeas corpus petition and which contains specific findings of fact and conclusions of law. The clerk of the district court shall immediately transmit a certified copy of the order to the clerk of this court. | 01-09264 | |
| 07/26/2001 | Order/Dispositional | Filed Order of Remand. Order Vacating Judgment and Remanding. For the reasons discussed above, and because the district court has not complied with the mandates of NRS 34.830(1), we cannot affirm the order of the district court denying appellant's habeas corpus petition. We vacate the November 16, 1998 order summarily denying appellant's habeas corpus petition and remand this matter for resolution of appellant's entire habeas corpus petition. fn3[We conclude that oral argument and briefing are unwarranted in this matter. This order constitutes our final disposition of this appeal. Any subsequent appeal shall be docketed as a new matter.] Judge Adams shall have 20 days from the date of this order to file an affidavit in this court explaining why he failed to comply with or respond to this court's orders. "ORDER the judgment of the district court VACATED AND REMAND this matter to the district court for proceedings consistent with this order." NNP01A-MS/DA/RR 08/29/01 ORDER: ORDER VACATED. | 01-12695 | |
| 07/31/2001 | Notice/Incoming | Filed Affidavit. Affidavit in Compliance with Order Vacating Judgment and Remanding (via fax). | 01-12983 | |
| 08/03/2001 | Notice/Incoming | Filed Affidavit. Original of Affidavit in Compliance with Order Vacating Judgment and Remanding. | 01-13171 | |
| 08/29/2001 | Post-Judgment Order | Filed Order/Rehearing Granted. Order Granting Rehearing, Vacating Prior Order, Reinstating Appeal, and Directing District Court Clerk to Transmit District Court Order. fn2[In his affidavit, Judge Adams has indicated his intention to conduct further proceedings in accordance with this court's order of July 26, 2001. In light of our rulings in this order, any further proceedings in the district court regarding appellant's post-conviction petition for a writ of habeas corpus must now await this court's final resolution of this appeal and the issuance of the remittitur.] We direct the clerk of the district court to transmit to the clerk of this court as a supplemental record on appeal, within 10 days from the date of this order, a certified copy of District Judge Adams' March 20, 2001, findings of fact, conclusions of law, and judgment. Upon this court's receipt and filing of that certified copy of the district court's judgment, this appeal shall stand submitted for our expedited consideration. In light of the foregoing, we 'GRANT REHEARING; we VACATE this court's prior order of July 26, 2001; and we REINSTATE this appeal.' NNP01A-MS/DA/RR | 01-14635 | |
| 09/04/2001 | Notice of Appeal Documents | Filed District Court Order/Judgment. Certified copy of order or judgment appealed from filed in district court on: September 4, 2001. | 01-14908 | |
| 09/04/2001 | Notice of Appeal Documents | Filed Notice of Entry of Judgment or Order. Filed in district court on: March 26, 2001. | 01-14910 | |
| 11/20/2001 | Order/Dispositional | Filed Order of Affirmance. We conclude that appellant is not entitled to relief and that briefing and oral argument are unwarranted. "ORDER the judgment of the district court AFFIRMED." NNP01A-MS/DA/RR | 01-19418 | |
| 12/18/2001 | Remittitur | Issued Remittitur. | 01-19518 | |
| 12/18/2001 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/18/2002 | Remittitur | Filed Remittitur. Received by County Clerk on January 2, 2002. | 01-19518 | |