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United States Court Cases

Nevada Supreme/Appellate Court Record

WALKER (ANDRE) VS. STATE

Case Information: 36331
Short Caption:WALKER (ANDRE) VS. STATECourt:Supreme Court
Related Case(s): 41754
Lower Court Case(s):Clark Co. - Eighth Judicial District - C161608Classification:Criminal Appeal - Fast Track - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/22/2000Filing Fee Filing Fee Waived.
06/22/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 00-10691
07/20/2000MotionFiled Motion. 00-12527
07/20/2000Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 5 days.
08/04/2000Notice/IncomingFiled Proof of Service. for Motion to Withdraw. 00-13516
08/10/2000Order/ProceduralFiled Order Denying Motion. On July 20, 2000, counsel for appellant filed a motion to withdraw as counsel in this appeal. Counsel may not withdraw until he has fulfilled the obligations placed on trial counsel by NRAP 3C(b). The motion to withdraw is therefore denied. fn1[Counsel for appellant also informs this court that neither he nor appellant can afford the transcripts required for this appeal. If appellant is indigent, he may file a motion in the district court for transcripts at state expense.] Counsel for appellant shall, within 10 days from the date of this order, file a transcript request form or a certificate stating that no transcript is required in this appeal and shall file a fast track statement within 40 days. Thereafter, this appeal shall proceed with the provisions of NRAP 3C. Failure to comply with the requirements of NRAP 3C and the orders of this court may result in the imposition of sanctions. 00-13893
09/14/2000TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: March 22, 2000, June 16, 2000. Court Reporter: Joseph D'Amato. 00-16244
09/25/2000Fast Track BriefFiled Fast Track Statement. STRICKEN BY ORDER 11/03/00. 00-16897
09/25/2000TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 3/15/00 and 3/16/00. Court Reporter: Maureen Schorn. 00-16899
10/06/2000MotionFiled Motion to Strike. Motion to Strike Fast Track Statement. 00-17770
11/03/2000Order/ProceduralFiled Order Granting Motion. The motion to strike the fast track statement is granted. The clerk of this court shall, forthwith, strike the fast track statement filed on September 25, 2000. Counsel for appellant shall, within 20 days of this order, file a fast track statement an appendix or show cause why counsl for appellant should not be sanctioned. STRICKEN BY ORDER: FAST TRACK STATEMENT FILED 09/25/00. 00-19382
12/13/2000Order/ProceduralFiled Order/Fast Track. To date, no fast track statement has been filed. Counsel for appellant shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 00-21821
12/26/2000Fast Track BriefFiled Fast Track Statement. STRICKEN BY ORDER 02/26/01. 00-22461
01/31/2001Order/ProceduralFiled Order. To date, no fast track response has been filed. Counsel for respondent shall file and serve the fast track response within 10 days of this order or show cause why counsel for respondent should not be sanctioned. 01-02044
01/31/2001AppendixFiled Appendix to Fast Track Statement. STRICKEN BY ORDER 02/26/01. 00-21675
02/09/2001MotionFiled Motion to Strike. Motion to Strike Amended Fast Track Statement and Appendix. 01-02728
02/26/2001Order/ProceduralFiled Order. On February 9, 2001, the State filed a motion to strike the amended fast track statement and appendix. The motion to strike the amended fast track statement and appendix is granted. The clerk of this court shall strike, forthwith, the amended fast track statement filed on December 26, 2000, and the fast track appendix filed on January 31, 2001. Phillips, shall have 20 days from the date of this order to file a fast track statement and appendix that comport with the requirements of NRAP 3C. Phillips shall have 10 days within which to show cause why Phillips should not be sanctioned for his failure to comply with the requirements of NRAP 3C and the orders of this court. 01-03512
03/12/2001MotionFiled Motion to Extend Time. to file Amended Fast Track Statement and Opposition to Order to Show Cause. 01-04374
03/19/2001Order/ProceduralFiled Order Granting Motion. The amended fast track statement and response to order to show cause shall be filed on or before March 22, 2001. 01-04815
03/26/2001MotionFiled Motion to Extend Time. Amended Fast Track Statement and Appendix. 01-05271
03/27/2001Notice/IncomingFiled Affidavit. Affidavit of David Lee Phillips. 01-05341
03/30/2001Notice/OutgoingIssued Letter. to appellant Andre Walker regarding letter dated March 22, 2001.
04/02/2001MotionFiled Motion to Extend Time. Application for Extension of Time to file Amended Opposition to Order to Show Cause. 01-05599
04/02/2001MotionReceived Response to Order to Show Cause. Amended Opposition to Order to Show Cause. 01-05600
06/13/2001Order/CounselFiled Order/Sanctions. On March 26, 2001, Phillips filed another motion for an extension of time to file both the fast track statement and his response to this court's order to show cause. Phillips has failed to demonstrate extreme need or merit, but in the interest of judicial efficiency, the clerk shall file the fast track statement and appendix provisionally submitted on March 27, 2001, and the fast track response provisionally submitted on April 12, 2001. We grant the motion filed on April 2, 2001. The clerk shall file the amended response to order to show cause provisionally submitted on April 2, 2001. The clerk shall return, unfiled, the response to the order to show cause provisionally submitted on March 30, 2001. In his response to this court's order to show cause, Phillips argues that he should not be sanctioned because he attempted to withdraw and he was not familiar with the provisions of NRAP 3C. We conclude that the imposition of a monetary sanctions is appropriate. Phillips shall personally pay the sum of $500.00 to the Supreme Court Law Library within 20 days of the date of this order. Failure to comply with this order in a timely fashion will result in the imposition of additional sanctions. 01-09836
06/13/2001Fast Track BriefFiled Fast Track Statement. 01-05342
06/13/2001AppendixFiled Appendix to Fast Track Statement. 01-05343
06/13/2001Fast Track BriefFiled Fast Track Response. 01-06375
06/13/2001MotionFiled Response to Order to Show Cause. Amended Opposition to Order to Show Cause. 01-05600
06/13/2001Notice/OutgoingIssued Letter. to attorney David Lee Phillips. Returned unfiled, the original Opposition to Order to Show Cause received March 30, 2001.
07/10/2001Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." fn16[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted.] SNP01A-CY/ML/NB 01-11578
07/17/2001Notice/IncomingFiled Proof of Payment of Sanction. Proof of payment of $500 to the Supreme Court Law Library from attorney David Lee Phillips. (Enclosed check no. 2079 in the amount of $500 was forwarded to law library.) 01-12124
08/02/2001Order/ProceduralFiled Order. On July 30, 2001, appellant Andre Walker submitted a proper person motion for leave to file a petition for rehearing. Appellant is represented by counsel and has not been granted leave to file proper person papers. Nevertheless, we have considered appellant's motion and we deny the requested relief. The remittitur is due to issue August 6, 2001. However, we order the issuance of the remittitur stayed to provide appellant's counsel an opportunity to file a petition for rehearing on appellant's behalf, 15 days from the date of this order. If appellant's counsel does not file a petition for rehearing within 15 days of the date of this order, the remittitur shall issue 20 days from the date of this order. Appellant shall proceed hereafter by and through counsel. 01-13060
08/17/2001MotionReceived Proper Person Motion. Motion for Leave to Proceed in Forma Pauperis. 01-14047
08/20/2001Letter/IncomingReceived Proper Person Letter. Request to include letter from attorney David Lee Phillips in this court's final decision on the Motion to Proceed in Forma Pauperis. 01-14144
09/17/2001Order/ProceduralFiled Order. On August 17, 2001, appellant submitted, in proper person, a 'Motion For Leave To Proceed in Forma Pauperis.' In that motion, appellant essentially again requests leave to file a proper person petition for rehearing. Thereafter, on August 20, 2001, this court received from appellant a letter providing additional information in support of appellant's motion filed on August 17, 2001. Having reviewed the documents submitted by appellant to this court, we conclude, under the circumstances of this case, that the filing of a proper person petition for rehearing is warranted. fn1[Having reached the merits of appellant's proper person requests, we direct the clerk of this court to file the documents submitted by appellant, in proper person, on August 17 and 20, 2001.] Appellant shall have 20 days from the date of this order to file and serve a petition for rehearing. Appellant's petition shall not exceed 10 pages and shall, insofar as practicable, comply with the requirements set forth in NRAP 32. 01-15620
09/17/2001MotionFiled Proper Person Motion. Motion for Leave to Proceed in Forma Pauperis. 01-14047
09/17/2001Other Incoming DocumentFiled Proper Person Document. Proper Person Letter.Request to include letter from attorney David Lee Phillips in this court's final decision on the Motion to Proceed in forma Pauperis. 01-14144
10/09/2001MotionFiled Proper Person Motion. Motion for Leave to file Motion for Rehearing (Motion for Rehearing attached.) 01-16970
11/28/2001Post-Judgment OrderFiled Order/Rehearing Denied. On September 17, 2001 this court granted appellant Andre Walker leave to file a proper person petition for rehearing because of the unique circumstances of this case. On October 9, 2001, Walker filed a proper person petition for rehearing. We conclude that Walker has not demonstrated that rehearing is warranted under the standards set forth in NRAP 40(c). " . . . we deny Walker's petition for rehearing." SNP01A-CY/ML/NB 01-19899
12/14/2001RemittiturIssued Remittitur. 01-19944
12/14/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 17, 2001. 01-19944