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United States Court Cases

Nevada Supreme/Appellate Court Record

LUNA (SERGIO) VS. STATE

Case Information: 49474
Short Caption:LUNA (SERGIO) VS. STATECourt:Supreme Court
Related Case(s): 57452
Lower Court Case(s):Clark Co. - Eighth Judicial District - C224255Classification: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:10/24/2008How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
05/18/2007Filing Fee Filing Fee Waived.
05/18/2007Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 07-11089
06/14/2007Notice/OutgoingIssued Notice to File Docketing Statement and Request Transcripts. 07-13102
12/07/2007Order/ProceduralFiled Order. to file Documents. To date, appellant has failed to file any of these documents or otherwise communicate with this court. Docketing statement and Transcript Request Form due: 10 days. Appellant's opening brief and appendix due: 20 days. We strongly caution appellant's counsel that failure to comply with this order may result in the imposition of sanctions. 07-26603
02/11/2008Order/ProceduralFiled Order. Conditionally Imposing Sanctions. This matter warrants the conditional imposition of sanctions. Mr. Marchese: 15 days to $500.00 to the Supreme Court Law Library and provide this court with proof of such payment. This sanction shall be automatically vacated if Mr. Marchese files and serves the docketing statement, transcript request form, opening brief and appendix or, alternatively, a motion to extend time, within 10 days from the date of this order. 08-03296
02/27/2008Docketing StatementFiled Docketing Statement. 08-04880
02/27/2008Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/31/07 & 4/5/07. No Court Reporter Listed. 08-04881
03/19/2008Order/ProceduralFiled Order. Mr. Marchese shall have 7 days from the date of this order to file and serve an amended transcript request form that is in full compliance with NRAP 9(a). The conditional sanctions imposed in our February 11, 2008, order remain in effect. Mr. Marchese: 7 days to file and serve appellant's opening brief and appendix and provide this court with proof of payment of the $500.00 sanctions. Failure to comply with this order may result in the imposition of additional sanctions, including further monetary sanction or referral of Mr. Marchese to the State Bar of Nevada for investigation. 08-06836
03/28/2008MotionFiled Motion to Extend Time. Motion for Extension of Time in Which to Pay Sanctions and Serve Opening Brief and Appendix. 08-07744
03/28/2008Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days. 08-07745
03/28/2008Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 1/31/07-2/1/07. To Court Reporter: Renee Silvaggio and Joann Orduna. 08-07757
03/28/2008Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days. 08-07759
04/17/2008Order/ProceduralFiled Order. On March 28, 2008, Mr. Marchese filed a motion for an extension of time. The court will take no action in regard to the motion to extend time. Mr. Marchese: 7 days to the opening brief and appendix and provide this court with proof of payment of the $500.00 sanction. Further, Mr. Marchese 7 days to provide proof of service regarding the amended transcript request form. 08-09572
05/05/2008Notice/IncomingFiled Proof of Service. -Motion for Extension of Time in which To Pay Sanctions and Sereve Opening Brief and Appendix. 08-11176
05/05/2008Notice/IncomingReceived Proof of Service. Request for Certified Transcript of Proceedings. FILED PER ORDER OF 6/9/08. 08-11178
05/09/2008TranscriptFiled Notice from Court Reporter. Renee Vincent stating that the requested transcripts were delivered. Dates of transcripts: 1/31/07 and 2/01/07. 08-11690
05/09/2008TranscriptFiled Transcript. Proceedings: 1/31/07 and 2/01/07. Court Reporter: Renee Vincent. 08-11691
05/19/2008MotionFiled Motion to Extend Time. 08-12588
05/20/2008Notice/IncomingFiled Proof of Payment of Sanction. Received check no. 1226 in the amount of $500 for conditional sanction (no documentation attached). 08-12593
06/09/2008Order/ProceduralFiled Order. Within 15 days Mr. Marchese shall pay $500.00 to the Supreme Court Law Library and provide proof of payment. The motion for an extension of time is granted to the following extent. 20 days to file the opening brief and appendix. Failure to comply may result in additional sanctions against Mr. Marchese including, but not limited to the following: additional monetary sanctions, removal of Mr. Marchese as counsel of record for appellant in this appeal, the issuance of a directive to the chief judge of the Eighth District Court to remove Mr. Marchese from the list of attorneys eligible to be appointed to represent indigent criminal appellants in this court for a period of one year, and referral of Mr. Marchese to the State Bar of Nevada for investigation. Fn1 [. . . The clerk shall file the proof of service of transcript request form received on May 5, 2008.] 08-14477
06/09/2008Notice/IncomingFiled Proof of Service. Request for Certificate of Transcript of Proceedings. 08-11178
07/09/2008MotionFiled Motion to Extend Time. 08-17464
07/18/2008Order/ProceduralFiled Order. Attorney Marchese shall have ten days from the date of this order to personally pay the sum of $500.00 to the Supreme Court Law Library and provide this court with proof of payment. Marchese shall have until July 28, 2008, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Failure to comply with this order may result in the immediate removal of Mr. Marchese as counsel of record for appellant in this appeal, the issuance of a directive to the chief judge of the Eighth District Court to remove Mr. Marchese from the list of attorneys eligible to be appointed to represent indigent criminal appellants in this court for a period of one year, and referral of Mr. Marchese to the State Bar of Nevada for investigation. 08-18542
07/30/2008BriefFiled Opening Brief. 08-19659
07/30/2008AppendixFiled Appendix to Opening Brief. 08-19665
08/04/2008Notice/IncomingReceived Notice. Email from the Law Library that the sanction in the amount of $500 was paid by Jess R. Marchese- check no. 12903
08/27/2008BriefFiled Answering Brief. 08-22123
08/27/2008AppendixFiled Appendix to Answering Brief. 08-22124
09/29/2008BriefFiled Reply Brief. 08-25112
10/24/2008Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decisionl as of the date of this order on the briefs filed herein. 08-27290
10/24/2008Case Status Update Submitted for Decision.
05/15/2009Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." NNP09-MC/NS/MG. 09-12073
06/09/2009RemittiturIssued Remittitur. 09-13834
06/09/2009Case Status Update Remittitur Issued/Case Closed.
06/17/2009RemittiturFiled Remittitur. Received by County Clerk on June 12, 2009. 09-13834